Let's Talk About Adjudication - November 2024
In this issue
Video: Learn about the WRIA 1 water rights adjudication process
Court claim form update
Service details
Prepare to file
Contact us with questions
A few questions answered
Our new video
Learn more about the WRIA 1 adjudication process.
Court claim form update
On Sept. 26, the Whatcom County Superior 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 mid- November. The next hearing will be on Dec. 3 at 8:30 am. Court hearings are open to the public and are streamed online, but you do not need to attend them to claim a right to use water.
In early 2025, we anticipate sending the final summons and claim form by certified mail to all affected water users. 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 online, in person, or by mail.
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 officially served.
Service details
How we’ll reach you
In early 2025, Ecology will send certified mail via the United States Postal Service to all property owners in Water Resources Inventory Area 1 (WRIA 1) who are within the area of a recorded water right or outside a public water system service area. If you receive this mailing, it means our records show you may be a water rights holder or claimant. To learn more about how we created our claimant list, refer to “Claimants defined” in our August e-newsletter.
 Certified mail can’t be left in a mailbox or on a doorstep; an adult must sign for it upon delivery. You and your neighbors may receive the mailing at different times, typically within one to five days. If you aren’t home when your mail normally arrives, you can pick it up at your local post office after one delivery attempt. After that, it will be available for pick up at Ecology’s Bellingham Field Office. Ecology will publish a list of people who didn’t sign for their certified mail in a local newspaper. If you miss the mailing or lose your claim form or instructions, extra forms will be available at Ecology offices that can be sent by mail or e-mail.
What’s inside the envelope
Get ready to receive a large 9”X12” envelope containing over 30 pages of essential documents. Inside, you’ll find a summons, court claim form, and detailed instructions. The summons lets you know that a legal process is underway and that you are being officially notified about it. It explains that the purpose of the adjudication is to establish who has the right to use water, in what quantity, and in what order of seniority. It directs you to complete and file the claim form with the Whatcom County Superior Court Clerk.
The claim form should be filled out and submitted if you want to retain the right to legally use water in WRIA 1. Not filing can result in losing your right to legally use water in the future. If you need help filing in addition to the detailed instructions, we're here to support you. See the "Contact us with questions" section below for details.
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Prepare to file
Although no action is required right now, you can get a head start by gathering information to help you fill out your court claim form. Here are some suggestions to get you prepared.
Sign up for e-filing
Register now for an e-file account at eFileWashington. Once you receive your court claim form, you will have the option to file online, which is the preferred method of filing. Alternatively, you'll be able to complete the paper form and mail it to the Whatcom County Superior Court.
Keep in mind that the court has not yet approved the claim form, and the clerk’s office is currently not accepting adjudication filings.
Find your parcel number and legal description
Your parcel number and legal description can typically be found in the Whatcom County or Skagit County assessor records. If you don’t have online access, you can locate this information in real estate transaction or title documents.
Locate your well report
If you use a well, your well report contains useful information like the depth of well, well tag number, well name, and GPS coordinates of well and place of use. This information can be used to fill out your claim form.
To learn more about well reports, watch this June 2024 lunch and learn presentation with Ecology staff on how to access and use a well report (also known as a well log) for the WRIA 1 adjudication.
Find your water right documents
Check your records to see if you have a water right document. If you’re not sure, you can contact us. Make sure to include your name, address of your water usage, and an email or phone number for us to respond. If you have a permit-exempt well, you don’t have to locate water right documents for the adjudication, but you’ll need to file a claim form.
Learn more about the three main types of water documents by reading our May e-newsletter.
Estimate your water use
Water use may be measured directly or be estimated. A water meter is the most accurate way to know how much water you use. If you are not required to have a water meter, you do not need a meter to measure your use to complete the claim form. To learn more about who is required to meter water use, read: Metering water use - Washington State Department of Ecology.
You can estimate the amount of water you use with Whatcom County’s new water use calculator. There are three different calculators based on use: residential, irrigation, and livestock. This online tool provides general information 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.
Know there is a fee to file
There will be a $25 fee to file each adjudication claim form plus a small service fee. Fee waivers will be available from the Whatcom County Superior Court.
Contact us with questions
If you have questions about the WRIA 1 adjudication, feel free to reach out to us at WRadjudications@ecy.wa.gov or leave a message at 360-255-4406 and we’ll get back to you.
A few questions answered
We’ve received many questions from people gathering information to prepare for the adjudication. Here are a few of our responses.
Question: How do I fill out a claim form for a home that is currently being built?
Response: The adjudication claim form asks about the historical and current use of water, not future use. If water has been used at this property in the past, you should describe that use on the claim form. Current use of water is the quantity of water used at the time of filing your claim form or within the last season of full use.
Question: Who is responsible for filling out the claim form if I rent a home in WRIA 1 and use a well?
Response: As a renter, you won’t need to file a claim form. The responsibility is with the property owner. They must file the claim form to report water use. If you receive a mailing, you can check with them to ensure they are aware of the adjudication process.
Question: My property is on the border of WRIA 1. Do I need to fill out a claim form?
Response: If your point of withdrawal or diversion is located within WRIA 1 you must fill out a claim form. This includes both wells and surface water. If you are unsure about the exact location of your point of withdrawal or diversion, you can use Ecology’s WRIA Finder Map. You can also contact us for more information.
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.
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