Let's Talk About Adjudication - April 2025

Ecology gets a lot of questions about why the WRIA 1 adjudication is needed. Water management is a complex issue, but here are some short answers.  

• There is uncertainty over who has the legal right to use water in the area, and how to protect streamflow during dry months. Many efforts to resolve conflicts over the past 35 years have not succeeded.   

• Adjudication will create a list of who has the right to use water, how much they are legally entitled to, and in what order of seniority.   

• Once we have this inventory, it will be possible to develop large-scale solutions.  

 For more details, see the “Why is the WRIA 1 adjudication necessary?” section at the end of this newsletter. 

In less than two weeks, more than 20,000 people have received their court claim forms, and over 190 people have filed. 

You have over a year -- until May 1, 2026 -- to submit your claim form. If you can, file soon instead of waiting until the last minute, so you’ll have enough time to find resources and get your questions answered. If you would like in-person assistance, we can work with you one on one – give us a call and we’ll set up an appointment. 

We encourage you to file using the Whatcom County Superior Court's Guide and File system.  It’s faster and easier for everyone. You will want to use a browser such as Chrome, Edge or Firefox -   Safari is not recommended.   You can also deliver a paper copy to the Court Clerk’s office in person. If you cannot hand-deliver the completed court claim form to the court in-person, contact us for specific mailing instructions.   

There is a $25 filing fee that covers the administrative costs associated with processing the court claim forms and an extra $1 charge for filing via Guide and File.  If you are paying in person at the court, you can pay during business hours by cash, cashier’s check, money order, credit card or debit card.  Personal checks are not accepted.   

If you cannot pay the fee, you may apply for a fee waiver in person at the Whatcom County Superior Court.  If you qualify for a senior or disability property tax discount (see here: Property Tax Exemption for Senior Citizens and People with Disabilities | Whatcom County, WA - Official Website), you automatically qualify for a fee waiver but still need to fill out a fee waiver form. You can view the fee waiver packet on the court’s website. 

Do you have a home on a well? Come to an open house and get information to fill out your court claim form 

Question: Will the adjudication result in Ecology turning off water inside my home?
Response: No. While water scarcity and drought are challenges that affect everyone, it’s important to know that the adjudication process will not shut off water in existing homes. Builders of new homes need to be aware of water guidelines in the WRIA 1 Water Availability Focus Sheet and consult with the county to comply with all laws.

Why is the WRIA 1 adjudication necessary?  

In Whatcom County, the population is growing and demand for water is increasing. Water is most in demand during the summer, when precipitation is lowest. That’s when farmers need water for agriculture, and fish need water in streams and rivers. 

The state legislature passed the first water law in 1917, based on the principle of “first in time, first in right” — that is, a senior water right holder cannot have their use impaired by a junior user. As wells became more common, a state law on groundwater was passed in 1945, which required permits for using groundwater with exemptions for certain situations such as private wells for homes. 

There is also the issue of unquantified Tribal water rights. Lummi Nation and the Nooksack Tribe claim the earliest rights to water in the area. In the absence of a court decree, no one knows how much water this might be, what streams and rivers are affected, or during what seasons. For many years, Lummi Nation and the Nooksack Tribe have worked with other parties, including local and state governments, farmers, water districts, developers, environmental groups, and other interests to address water availability – but these voluntary efforts did not produce solutions.  

The patchwork of permits, claims, exemptions, and pre-1917 water uses has made it very difficult to regulate water use fairly and legally. Who has senior water rights? How much water is being used now? At what times of year is there a legal water shortage?  

Adjudication will create an inventory of water rights that will answer these questions. This is a legally binding process, unlike previous voluntary attempts to resolve conflicts, which stalled when things became challenging. All parties, including the Tribes, must file their claims in Whatcom County Superior Court. Adjudication will make it possible to create water banks and other tools for moving available water to where it’s needed.