Let's Talk About Adjudication - February 2025
In this issue
Court claim form update
Whatcom County Library support
Whatcom County Public Works adjudication online workshops
Instantaneous Quantity and Annual Quantity
A few questions answered
Resources
Court claim form update
On February 3, the court approved an updated name list for users who will be included in the adjudication. Ecology revised the list of WRIA 1 property owners including all public property sales data as of January 15.
Ecology will begin mailing the summons and court claim form to affected water users (claimants) in mid-March. Please check our website often for the latest news. No action is required until you receive the certified mail. The deadline for filing, for those who get the summons and court claim form this spring, is May 1, 2026.
Whatcom County Library System support with the adjudication process
Ecology is working closely with the Whatcom County Library System (WCLS) to support water users with the WRIA 1 adjudication process. The Library System serves about 60,000 patrons through its 10 branches and a bookmobile.
Many library patrons do not have internet access, devices, or email accounts, so library staff often assist them in accessing online government services. During the COVID-19 pandemic, they helped people file tax forms and navigate the online ArriveCAN process for traveling into Canada.
For the WRIA 1 adjudication, the Whatcom County Superior Court encourages water users to electronically file court claim forms using Guide and File, a user-friendly system similar to Turbo Tax. While an email address isn’t required, including one allows the court and Ecology to send important documents and notices about the adjudication quickly and cost-effectively. Library staff can show people how to create email addresses and navigate the court’s online e-filing system. They are also getting ready to answer basic questions related to the adjudication.
Ecology will be offering presentations at different Whatcom County library locations this Spring. To learn how the libraries can assist water users in filling out the court claim form, you can attend a session. For more details, check out the WCLS Event Calendar - WCLS Library Events - Whatcom County Library System.
Whatcom County Public Works adjudication online workshops
Aspect Consulting, a water rights consultant hired by Whatcom County Public Works, will host a series of virtual workshops focused on residential well users. These sessions aim to help people with homes on wells prepare for the WRIA 1 water rights adjudication.
Each online workshop will last one hour and will include an introduction to the WRIA 1 water rights adjudication, a demonstration on tools to help water users collect information for their adjudication court claim form, and a question-and-answer period.
Registration is required and will be open starting in late March. Attendance is limited to 50 households per session. If you are interested and unable to attend, a recording of one event will be made available on their webpage. Visit whatcomcounty.us/adjudication
Please note that attendance is not required to submit an adjudication court claim form for your home.
Water rights: Understanding Instantaneous Quantity and Annual Quantity
When filling out the court claim form, you will be asked about Instantaneous Quantity and Annual Quantity. It’s important to understand these water usage terms. Trout Unlimited, in their 2019 Landowners Guide to Washington Water Rights, explains them using a bathtub analogy.
Instantaneous Quantity (Qi) is the maximum rate water can be diverted or pumped. It can be thought of as the fastest rate at which you can fill your bathtub using a hose on full blast. Water rights usually list an allowed Qi, setting the limit on how quickly you can take water from the source. Qi limitations protect water sources and neighboring water users from impairment from quick depletion of water.
The rate at which surface water is diverted is expressed in cubic feet per second (cfs) and the rate at which groundwater is withdrawn is expressed in gallons per minute (gpm).
Annual Quantity (Qa) is the total amount of water you can use in 12 months – your limit for the year. Using the bathtub analogy, Qa is how much water goes into the tub. Water rights almost always include a Qa, ensuring water use is fair among neighbors and that water sources are not depleted over time.
Annual quantity is expressed in acre feet per year. An acre foot is the amount of water needed to cover one acre with one foot of water and is equivalent to 325,851 gallons. Based on this information, homeowners may fill out different sections of their court claim form:
- Part B: For indoor water use less than 500 gallons per day (gpd) or 0.56 acre-feet per year. Part B can only be used by owners of homes that use water for domestic purposes.
- Part C: For indoor water use exceeding 500 gpd or 0.56 acre-feet per year, even if it is for your home.
Knowing your Qi and Qa helps you comply with legal limits on your water right. While metering water isn’t required for the adjudication unless already specified in the water right, meters are a great way to accurately track water usage.
Whatcom County Public Works has tools to help water users estimate the amount of water used based on local averages and national benchmarks. Visit whatcomcounty.us/adjudication
A few questions answered
We receive many inquiries about the adjudication process. Here are a few of your questions answered.
Question: How can I estimate my instantaneous quantity?
Response: An easy way to calculate the instantaneous quantity of water at your home is to use the bucket method. Place a 5-gallon bucket under a faucet or hose bib connected to the well, prior to any treatment systems (water softener, filter, etc.), and open it all the way. Time how long it takes to fill the 5-gallon bucket to the top.
Divide 5 gallons by the number of seconds needed to fill the bucket, then multiply that number by 60 to obtain the maximum gallons per minute (gpm).
Example: If it takes 19 seconds to fill the bucket, divide 5 by 19 which equals 0.26. Now, multiply that number by 60 and you get 15.79 gpm.
Keep in mind that this is an estimate of the flow rate of your water system. It is not guaranteed the courts will approve of a claim for this full quantity.
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Question: Part C of the court claim form asks whether I have a water right document. My water right document has the previous owner's name, not mine. What should I do?
Response: Water right documents often do not reflect the name of the current owner. You do not need to include the name of the original owner on your form.
Question: My two siblings and I all own a home together and use water from a permit-exempt well on our property. How should we proceed?
Response: You can fill out one court claim form together. Each of you will sign as separate claimants (Claimant 1, Claimant 2, and Claimant 3). The same goes for a marriage or a legal domestic partnership: file one form together, and each sign it.
If you are organized as a partnership, nonprofit or other association, a legal representative enters the legal name of the entity as Claimant 1. An authorized representative must sign the court claim form in Part D and write in their title. Their signature is their guarantee that they are authorized to represent that organization.
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
Adjudication is a legal process in Whatcom County Superior Court between the Washington
Department of Ecology and all local water users in Water Resources Area (WRIA) 1. This process requires water users to self-report their water use in a form online or on paper. The court will make a decision that lists water uses in priority (old to new), including where and how much water is legal on each parcel of land. It does not involve criminal proceedings or penalties. It does not change the current law on water use.
For more information, please visit our Nooksack Adjudication website.
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