Let's Talk About Adjudication - January 2025
In this issue
Court claim form update
The court claim form and scenarios for filing
A few questions answered
Resources
Court claim form update
WRIA 1 adjudication court claim form update
The Whatcom County Superior Court approved the WRIA 1 adjudication summons and court claim form on Dec. 3, 2024. On Jan. 7, 2025, the Judge finalized the content of the court’s information sheet.
Ecology will begin sending the adjudication documents (court information sheet, summons, court claim form and instructions) to affected water users (claimants) starting early this year. No action is required until you receive the certified mail. For those who receive the court claim form this spring, the deadline for filing a claim is May 1, 2026. For more information on how Ecology identified claimants, see the September 2024, Let’s Talk About Adjudication issue.
The next court hearing regarding the WRIA 1 adjudication will be in late January or early February. This hearing will address procedural and administrative details about the mailing process and claims filing, including an updated list of WRIA 1 property owners. While court hearings are open to the public, you do not need to attend them to claim a right to use water. Court hearings can be viewed livestream on the court’s website.
To understand where the WRIA 1 adjudication is in the court process, see the diagram below.
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Which part of the claim form should I fill out? Scenarios for different types of water users.
In the December 2024 issue of Let’s Talk About Adjudication, we discussed the four parts of the court claim form: A, B, C, and D.
- All affected water users (claimants) are required to complete Part A (Claimant Information) and sign Part D (Signature).
- Part B (Small Domestic Groundwater Use) is for single homes using wells.
- Part C (All Other Use) is for larger domestic, group residential, agricultural, municipal, commercial, stock water, and other water uses.
In this e-newsletter, we’ll explore a few scenarios that claimants may encounter, and which part of the court claim form they may want to fill out. Please note that assistance from Ecology is not legal advice and is not intended to determine legal risk. Our instructions, customer service, and technical assistance aim only to help water users fill out the form to the best of their ability. The claimant is responsible for the accuracy of the information, and by signing the claim form, they are making a statement under oath.
Scenario 1. I have multiple wells.
May water users rely on more than one well for their use. If you use a total (in all wells) of no more than 500 gallons per day (gpd) for indoor domestic use such as cooking, bathing, laundry, and pets, you may choose to fill out Part B, which has fewer questions. If you use more water than 500 gpd in total, you should fill out Part C and answer all questions that apply to your use.
For the adjudication, the number of wells is generally less significant than the number of water rights or “uses.” There is space in both Part B and Part C of the claim form to list multiple wells on any parcel. It is important to list each well as a “point of diversion” on the form.
Claimants will not gain additional permit exemptions or be able to use more water by drilling more wells. Ecology will consider the earliest date water was used from any well as the priority date for that use, regardless of whether the drilling complied with well drilling regulations.
Scenario 2. I have a home and a (legal) Additional Dwelling Unit (ADU).
Whatcom County Planning and Development Services regulates Accessory Dwelling Units (ADUs). According to WCC 20.97.010, an ADU is defined as a smaller, independent residential dwelling unit located on the same lot as a stand-alone, single-family home. ADUs go by many different names, including accessory apartments, secondary suites, and granny flats. For more information about Whatcom County’s requirements for ADUs, visit their webpage.
You may submit a home plus an ADU as a single domestic water right under Part B of the claim form, as long as:
- The home and the ADU have total combined indoor use of 500 gpd or less.
- The home and ADU have total combined a 1/2 acre or less of lawn and garden irrigation.
If the home and ADU are on separate parcels, and both qualify for Part B, claimants may fill out two separate Part B forms for each property.
If the home and the ADU are on the same parcel, and both qualify for Part B, the property owner may fill out one form, Part B.
A few questions answered
We receive many inquiries about the adjudication process. Here are a few of your questions answered.
Question: What if I don’t receive a claim form and I believe I need to participate in the adjudication?
Response: The September 2024, Let’s Talk About Adjudication describes how Ecology followed a legal process to determine who is mailed a summons. Based on how the mail list is created, we know that some residential permit-exempt well users might not be included on our initial list. Other property owners may have bought or transferred property after the list was last updated. If you believe you need to be added, please contact us to let us know. We can provide guidance, and if needed, you can pick up a court claim form from Ecology’s Bellingham Field Office after the mailing begins, or we can send you one.
Question: I previously had a well on my property, but I no longer use it and have switched to city water. Do I need to fill out a claim form?
Response: If you are a customer of a municipal water system, you do not need to complete a claim form for that use.
Keep in mind that if you or a future owner plan on using the well again, you may want to file a claim form. This will establish the legal right to use the water should someone decide to use the water in the future.
Resources
Contact Ecology with your questions
Information and tools
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
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 necesita ayuda para entender esta información, ofrecemos servicios gratuitos de traducción e interpretación, así como Braille y ASL para personas con discapacidades. Para solicitar estos servicios, llame al 360-255-4406.
Если вам нужна помощь в понимании этой информации, мы предоставляем бесплатные услуги письменного и устного перевода, а также информацию шрифтом Брайля и на американском языке жестов (American Sign Language, ASL) для людей с инвалидностью. Чтобы запросить эти услуги, позвоните по телефону 360-255-4406.
ਜੇਕਰ ਤੁਹਾਨੂੰ ਇਸ ਜਾਣਕਾਰੀ ਨੂੰ ਸਮਝਣ ਵਿੱਚ ਮਦਦ ਦੀ ਲੋੜ ਹੈ, ਅਸੀਂ ਮੁਫ਼ਤ ਅਨੁਵਾਦ ਅਤੇ ਵਿਆਖਿਆ ਸੇਵਾਵਾਂ ਪ੍ਰਦਾਨ ਕਰਦੇ ਹਾਂ, ਅਤੇ ਨਾਲ ਹੀ ਅਸਮਰਥ ਲੋਕਾਂ ਲਈ ਬ੍ਰੇਲ ਅਤੇ ਅਮਰੀਕੀ ਸੰਕੇਤ ਭਾਸ਼ਾ (American Sign Language, ASL) ਵੀ ਉਪਲਬਧ ਹਨ। ਇਹਨਾਂ ਸੇਵਾਵਾਂ ਦੀ ਬੇਨਤੀ ਕਰਨ ਲਈ, 360-255-4406 'ਤੇ ਕਾਲ ਕਰੋ।
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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