Let's Talk About Adjudication - December 2024
In this issue
Court claim form update
Who needs to file a court claim form
The court claim form
We're here to help
Court claim form update
On December 3, the Whatcom County Superior Court held a hearing for the WRIA 1 adjudication. The judge authorized Ecology to begin mailing the final summons and court claim form to all affected water users. He also set a due date of May 1, 2026 for filing.
Ecology plans to start mailing the summons and court claim form in early 2025. We will post on our website when the mailing date has been determined. Remember, no action is required until you receive the certified mail.
The next hearing, focusing on procedural and administrative details about the mailing process and claims filing, will be in January 2025. Court hearings are open to the public, but you do not need to attend them to claim a right to use water.
Who needs to file a court claim form
All users of surface or groundwater in WRIA 1 must fill out and submit a court claim form. If you only use water as a customer of a water system (for example, you pay a water bill to a city or town) you do not need to file a court claim for that use. The adjudication is a review of current and past water use – not a process to request new uses in the future.
Participating in the adjudication is the only way to protect your legal right to use water.
The claim form consists of four parts: A, B, C, and D. All claimants must complete Part A (Claimant Information) and sign Part D (Signature). Here's some information to help you figure out which additional parts you need to fill out.
Part B (Small Domestic Groundwater Use) is for single homes using wells, and Part C (All Other Use) is for larger domestic, group residential, agricultural, municipal, commercial, stock water, and all other water uses.
You will use Part B for home water use only if the home water use meets all these criteria:
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You withdraw groundwater from an existing permit-exempt well.
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You use no more than 500 gallons per day (gpd) for indoor domestic use such as cooking, bathing, laundry, and pets.
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Your outdoor watering (lawn or garden) totals no more than ½ of an acre (21,780 square feet).
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The criteria in Part B don’t apply to your water use(s).
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There are multiple homes on different parcels that operate as a group and share a source of water.
Keep in mind that if you are claiming multiple water rights (and are seeking multiple water right certificates), you must submit a separate claim form for each claimed water right, including permit-exempt uses. If you have both a home and one larger water use, you may fill out both Parts B and C on the same form. If you have more than one Part B water use or more than one Part C water use, you will need to submit those on additional court claim forms.
The detailed instructions, which will be available closer to the mailing date, will help you fill out the form. Please know that we're here to help.
We’re here to help - check out these resources
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Contact Ecology with your questions
Coming soon
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In-person clinics
- Public meeting for homes with wells (small use)
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New videos and webinars
A few questions answered
We receive many inquiries about the adjudication process. Here are a few questions plus our responses.
Question: Once the adjudication is complete, will new homes get priority (of water) ahead of other uses, like farms?
Response: All new uses are subject to the priority system or prior appropriation, which has been the law of Washington for more than 100 years. Whatcom County issues building permits for new homes. These new homes would be considered junior water users, and their outdoor water usage may be restricted during shortages. In some areas, new water rights may not be available.
Question: I own a home, and, on my property, I use less than 500 gpd for inside my home and irrigate less than 1/2 an acre of lawn and garden. My source of water is on my neighbor's property. Do I fill out Part B or C?
Response: You would fill out Part B which allows you to describe different parcels for your point of diversion and your place of use. If there is a single well shared by multiple homes, each homeowner would separately fill out Part B unless they operate together as a group water system.
Question: What’s the difference between a certificate and an adjudicated certificate?
Response: A certificate is issued by Ecology’s Water Resources Program through the permit application process upon proof that the permitted right has been perfected.
An adjudicated certificate is issued after review by the Superior Court through the adjudication process. The court will issue a decree listing all water rights by priority, quantity and purpose. Ecology will then issue adjudicated certificates. These certificates will attach to the land on which the water is used unless and until it is intentionally severed from the property.
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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