Let's Talk About Adjudication - May 2025
In this issue
Court claim form update
How summons are served
Court claim form scenarios
Court claim form reminders
Events to help you file your court claim form
A few questions answered
Resources
Court claim form update
On March 17, we mailed over 30,000 adjudication packets to all identified landowners who use surface or groundwater in Water Resources Inventory Area (WRIA) 1. Since then, 451 court claim forms have been filed with the Whatcom County Superior Court.
If you got a claim form but you don’t think you need to file:
Legal service rules required us to serve many property owners who do not need to file. For example:
- You are a customer of a water system (you pay a water bill to a city or other service), and don’t use any other surface or groundwater in WRIA 1.
- You are part of a group system and a representative or manager is filing a court claim form for the group as a whole that includes your property. If this is the case, you can contact us to let us know. We are working on a voluntary process for people to request dismissal, and we can take your name to let you know when it's ready.
If you didn’t get a claim form but you DO think you need to file:
- The best way to get a form is to pick up a packet at our Bellingham Field Office during normal business hours.
- You can pick up a form at one of our two Open Houses in Ferndale and Lynden.
- To see the packet contents now, you can download them from our webpage.
- If you know you need to file, you can do so directly to the court’s Guide and File website.
Filing a court claim form is your responsibility as a landowner and it’s the only way to protect your right to legally use water.
Washington’s Water Code outlines how the adjudication summons are served
The service of the adjudication summons is a legal process that needs to follow certain rules. Ecology follows Washington’s Water Code (RCW 90.03) in this process. This is intended to make sure everyone is notified about their responsibility to file. There are different kinds of legal service that we will use to notify people about the adjudication:
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Certified Mail. Ecology sent the original summons packets via U.S. Post Office Certified Mail.
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Personal Service. Adjudication packets are available at Ecology’s Bellingham Field Office, where staff will ask for your name and confirm they handed it to you in person.
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Publication in a local newspaper. When certified mail was not received, Ecology will ask the judge to authorize “service by publication.” This means publishing the names of defendants in the newspaper. The publication is a traditional legal process that will include thousands of names and will run in a local newspaper weekly for six weeks. In order to ensure all claimants are legally served, Ecology may include names in the newspaper notice even if they may have downloaded or received a form already.
Which part of the claim form should I fill out? Scenarios for different types of water users
In our January 2025 issue of “Let’s Talk About Adjudication,” we explored some scenarios that water users may want to report on their court claim form, and which part of the form they might fill out. Here are a few more to consider.
Scenario 1. How do I fill out a court claim form for a home that is currently being built?
If water isn’t currently being used and hasn’t been used in the past, you do not need to submit a court claim form. The adjudication court claim form requests information on current and historic use, not future use. If water has ever been used at this property in the past, you should describe that use on the claim form.
If the home is built and water use begins on the property before you file the form, you should complete the court claim form using the date when water use first began. The deadline is May 1, 2026, or one year from the date of service – whichever is later.
Future uses, like new home construction, need to comply with all county and state laws. New permit-exempt wells need to comply with Ecology’s well drilling requirements and are limited to 500 gallons per day (gpd) in-home domestic use and 1/12 an acre of lawn and garden.
Scenario 2. I own a home on a lake. We pump water directly from the lake for domestic purposes only, and not from a well.
You need to submit a court claim form. Even if you just have a single home, you need to fill out Part C because your source of water is surface water (lake). Under C8, you would fill out the “Domestic residential use including group residential” box on page 12.
Surface water use in Washington is not “permit exempt” and requires a water right document. If you don’t have a water right (such as a certificate), we strongly recommend you submit a water right application as soon as possible. This is a separate process from the adjudication. You can find additional information about applying for a water right permit at Ecology's water right permits webpage.
Please note
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. The court will make all final decisions about legal water use.
Court claim form reminders
Filing fee
Just a reminder that there is a $25 fee to file your court claim form plus an additional $1 if you use Guide and File. To ensure your payment is sufficient, it is best to file online or in person. If you need to mail in your claim form, contact us first to be sure you are following the right steps or else your form could get rejected. Personal checks are not accepted by the Court Clerk.
If you have multiple properties with the same mailing address, you might receive only one packet.
We sent one packet of adjudication documents to the mailing address listed in the Assessor’s Database of the property or properties within Water Resources Inventory Area (WRIA) 1.
If your tax records all listed a single mailing address, you will only receive one form. You will need to file multiple claim forms if your properties are separate and do not operate as a group. If you need additional forms, you can:
- Download a fillable PDF from our webpage. Make sure to print the document single-sided as the court will not accept double sided forms. Visit the Superior Court Clerk’s Office for assistance.
- Go to the Bellingham Field Office at 913 Squalicum Way #101, Bellingham, WA during normal business hours to pick up additional packets in-person.
- File directly via Guide and File and file multiple court claims online.
Events to help water users file their claim forms
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Join Ecology for an Open House and online webinar.
Open house (in person) for landowners with homes on a well – Come and go anytime 5:30-7 p.m. Bring your court claim form and questions. Registration recommended.
- May 28, Pioneer Pavillion, 2007 Cherry Street, Ferndale, WA 98248
- May 29, Meridian Middle School, 861 Ten Mile Rd, Lynden, WA 98264
Online webinar (Zoom): Filing your court claim form
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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.
Registration is required and 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 Whatcom County adjudication resources.
The Whatcom County Library System is hosting an in-person informational session on May 13 about the adjudication with Ecology staff at the North Fork library branch. You can register on the WCLS Library Events - Whatcom County Library System webpage.
A few questions answered
We receive many inquiries about the adjudication process. Here are a few questions plus our responses.
Question: I own a home with a small garden and use a well. Do I need to install a water meter for the WRIA 1 adjudication?
Response: No. Homeowners do not need meters for their home use, and adjudication does not change that. If your water right doesn’t already require metering, you won’t need one to complete the court claim form. Although metering is the most accurate way to track water usage, you are only required to estimate and self-report your use on the form. If you have a water right document, review it to confirm whether metering applies to you.
Question: My well log lists the former property owner’s name. Is it necessary to update it with my name?
Response: Ecology does not update names on well log reports for new property owners. We can append the new ownership information from the county parcel database, but we wouldn’t change the original well report, since that is a legal affidavit signed by the driller. Feel free to reach out to Noel Philip for more information.
Resources
Contact Ecology with your questions
Information and tools
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।
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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