Let's Talk About Adjudication - October 2024
In this issue
Updated timeline for the court claim form
Whatcom County Superior Court: Review of the court claim form
Whatcom County's water use calculator
Where to go for more information
A few questions answered
Updated timeline for the court claim form
In early 2025, we anticipate sending the final summons and claim form by certified mail to all required water users. (See the September e-newsletter for a description of water users on our mailing list). We cannot send the summons and claim form until ordered by the court. You will have a year or more to fill out the claim form and submit it to the court in person, by mail, or online.
We will keep you updated with the most recent information so that you know when to expect to receive these important documents. No action is required until you are served.
Whatcom County Superior Court process: Review of the court claim form
Ecology submitted the court claim form and instructions to the Whatcom County Superior Court on August 30.
On September 26, the court held a hearing and requested that Ecology revise some administrative details in the proposed claim form. Ecology plans to submit a revised form in about 60 days. The next hearing will be in approximately two months. Court hearings are open to the public, but you do not need to attend them to claim a right to use water.
We understand there is interest in seeing the claim form as soon as possible. After court approval, it will take several weeks to print and mail the summons. We aim to create a final form that complies with the law while being as user-friendly as possible.
Ecology’s main priority is to help the court establish a full and fair legal process for all water users. We want to do our part to make adjudication process smooth and transparent.
Whatcom County’s water use calculator
On September 23, Whatcom County Public Works and Aspect Consulting hosted a presentation for over 250 people about Washington water rights and resources to help residential well users prepare for the WRIA 1 adjudication.
During the presentation, Aspect introduced a new water use calculator. This online tool was designed to help water users estimate the amount of water they use. The calculator provides general information only and is based on local averages and national benchmarks. It gives estimates based on numbers entered by the user and does not guarantee legal water quantities. There are three different calculators based on use: residential, irrigation, and livestock. To try them out and to learn more, visit the Whatcom County website.
Where to go for more information
Although Ecology provides the main source of information about the WRIA 1 adjudication, you can also find important dates and resources on other agency websites. We encourage you to visit the links below to stay informed about the adjudication.
A few questions answered
We’ve received several questions from people asking about the WRIA 1 boundary and why their city or community is being included in the adjudication. Here are our responses.
Question: Why is the Water Resource Inventory (WRIA) 1 adjudication also called the Nooksack adjudication?
Response: Each water resource inventory area in Washington has both a number and a name. WRIA 1 is also known as the "Nooksack" because it includes the Nooksack River basin which is a major feature of this area. WRIA 1 also includes several adjoining smaller watersheds such as the coastal drainages of Dakota and California Creeks, as well as Lake Whatcom, and the Sumas River.
Question: Who drew the boundary for WRIA 1 and why is all of it included in the adjudication?
Response: All WRIA 1 waters are State of Washington waters regulated by Ecology. We have designated the entirety of WRIA 1 for the adjudication. WRIA 1 is a regulatory designation first identified by law in 1970 as the area from the Nooksack basin north to Canada and westward to the marine waters, including islands.
Even though not all areas of WRIA 1 are part of the Nooksack River system, Lummi Nation and Nooksack Tribe have identified the entire WRIA as subject to their water claims. Resolving all tribal water claims is crucial to fair and secure water management for future generations. Adjudicating the entire WRIA will also prioritize local users within their own areas and protect local resources subject to instream flow rules.
Question: Given that the Sumas River flows into the Fraser River in Canada, why is it being included in this process?
Response: The Sumas River sub-basin, including both surface and groundwater, is within the petitioned area of the Lummi Nation and Nooksack Tribe. It is included in the adjudication in order to pursue full resolution of their water rights. It is also subject to local instream flows and closures that are the responsibility of the Department of Ecology.
Additionally, some groundwater in the Sumas area is connected to the Nooksack River system through the Sumas-Blaine aquifer that underlies much of northern Whatcom County – although this is not required in order to include it in the WRIA-wide adjudication.
Language access
If you have difficulty understanding English or have a disability, free language assistance or other aids and services are available upon request. Please call 360-407-6872.
Si tiene dificultades para entender la lengua inglesa o presenta una discapacidad, puede solicitar asistencia lingüística y otros tipos de ayuda y servicios sin coste alguno. Llame al siguiente número de teléfono 360-407-6872.
Если у вас есть трудности с пониманием английского языка или у вас инвалидность, по запросу предоставляется бесплатная языковая помощь или другие вспомогательные средства и услуги. Пожалуйста позвоните по телефону 360-407-6872.
ਜੇਕਰ ਤੁਹਾਨੂੰ ਅੰਗਰੇਜ਼ੀ ਸਮਝਣ ਵਿੱਚ ਔਖਿਆਈ ਹੁੰਦੀ ਹੈ ਜਾਂ ਫਿਰ ਤੁਸੀਂ ਅਪਾਹਜ ਹੋ, ਤਾਂ ਅਪੀਲ ’ਤੇ ਮੁਫਤ ਭਾਸ਼ਾ ਸਹਾਇਤਾ ਜਾਂ ਹੋਰ ਸਹਾਇਤਾਵਾਂ ਅਤੇ ਸੇਵਾਵਾਂ ਉਪਲੱਬਧ ਹਨI ਕਿਰਪਾ ਕਰ ਕੇ ਕਾਲ ਕਰੋ 360-407-6872.
Past newsletters
The Department of Ecology is preparing for the Nooksack water right adjudications over the course of the next biennium. Adjudication is needed to determine how much water is legally available for use and to secure water for long-term planning and instream flow protection. For more information, please visit our Nooksack Adjudication website.
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