Let's Talk About Adjudication - June 2025
In this issue
Court claim form update
Join us for our June 24 webinar
Understanding which part of the court claim form to fill out
Court claim form reminders
Information for home buyers and sellers
A few questions answered
Court claim form update
On March 17, we mailed over 30,000 adjudication documents to all identified landowners who use surface or groundwater in Water Resources Inventory Area (WRIA) 1. Since then, over 600 of your neighbors in Whatcom and Skagit counties have filed claim forms with the Whatcom County Superior Court.
While you have at least until May 1, 2026, to submit your court claim form, we suggest that you file soon instead of waiting until the last minute. This way, 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. Just give us a call and we’ll set up an appointment.
Join us for our June 24 webinar
We hope you had the chance to come to our open house on May 28 in Ferndale and May 29 in Lynden. About 200 people participated to get their questions answered and gather information to file their court claim forms.
To get more information about how to fill out the claim form, join us on Zoom for Ecology’s annual online webinar. During the webinar we will review questions from the court claim form and answer the most common concerns we hear about how to file. Please keep in mind that we will provide high-level information and won’t be able to address specific water use questions. For free, personalized support, reach out to us by email or phone, or schedule a one-on-one appointment.
June 24, 2025, 5:30-7 p.m. Registration required.
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Understanding which part of the court claim form to fill out
We're revisiting this topic from the May 2025 e-newsletter so that you have this useful information at your fingertips.
If you’re a landowner who uses water directly from surface or groundwater in WRIA 1, adjudication affects you. You need to file a court claim form, even for small uses like single homes on wells. If you receive a court claim form but 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 not required to file a court claim form and can disregard it.
The court claim form is divided into four parts. Everyone will complete Part A (Claimant names) and Part D (signatures). Then, based on your water use you will choose whether to complete Part B, Part C, or both. Contact Ecology if you have concerns or questions about which sections you should fill out.
Part B is the simplified part of the form designed for small-scale home groundwater use. It has fewer questions, so it is easier to read and quicker to complete. Use Part B to report your “domestic” water use, which includes daily household activities such as drinking, cooking, water for pets, sanitary purposes, and other incidental uses. Part B is for homes that use no more than 500 gallons per day (gpd) for indoor domestic use (less than the full 5,000 gpd under the permit exemption) and irrigating ½ acre or less of noncommercial lawn and garden.
If you own a home and use a private well for small-scale water usage, we recommend that you read our focus sheet: Adjudication and Your Home.
Part C is for larger or more complex water uses, beyond small home use. If you use surface water or water for purposes other than a home, use Part C. Part C is also for homes that use more than 500 gpd (which is uncommon) or any situation requiring a water right document.
Court claim form reminders
Accurate filing is important to both water users and Ecology. For water users, it ensures that your legal right to use water is protected in the future. For Ecology, accuracy means efficiency. A team of our adjudication specialists will carefully review each and every court claim form and follow up with any questions or concerns. Here are some things to keep in mind while filing.
- Set aside some time to fill out your court claim form. It will take you between 20 minutes and 2 hours to complete.
- Submit your court claim form using Whatcom County Superior Court’s Guide and File online system, if possible. Do not use the browser, Safari.
- If you’re filling out a paper court claim form, use pen, not pencil.
- Submit the entire document - even the pages not filled out.
- Call us first if you cannot file online or hand-deliver the form. Filing by mail requires extra instructions.
Please know that you can contact us with any questions. We’re here to assist you.
Information for home buyers and sellers
Here’s what to know about adjudication.
If you’re buying or selling a home in Water Resources Inventory Area (WRIA) 1 that relies on directly diverting surface water from a lake, river or stream, or drawing from a well or shared well, it’s important to understand the adjudication process. For most homeowners, adjudication is straightforward. It involves paying a $25 court fee and filling out a court claim form to report the date and location of the home and water use. Homes that use water from a city or group system do not need to file court claim forms.
Here is some general guidance. Please keep in mind that this is not intended as legal or real estate advice.
Buyers
Know where the water comes from and whether there are legal limits on water use.
- If a home is using water directly from a well or surface water source, you will want to know whether it is permit-exempt or has an associated water right document.
Find out whether the home’s current owner filed a court claim form
- You may receive a Northwest Multiple Listing Service (NWMLS) Form 22X that explains this.
- You can also ask the owner, contact Ecology, or review court records on your own. A real estate professional or attorney may be able to help.
Understand your responsibility.
- If the seller has not filed an adjudication court claim form, contact Ecology for a adjudication summons packet and determine your filing deadline. See whether you might need information from the seller about the property’s history and water use to complete the form. If the seller does not file a court claim form, it will be your responsibility.
- If the seller already filed, Ecology could help substitute your name as a new party without a new court claim filing. If the seller did not file, you will need to file a court claim form for water use at the property you purchase by the deadline (May 1, 2026, unless you are told otherwise by Ecology) to protect your future right to use water.
Sellers
Provide an update to the buyer.
- If you owned property with a well or water right in WRIA 1 as of January 15, 2025, you should have received an adjudication summons packet in the mail. If you have not received anything, contact Ecology to let us know.
- If you are selling your property after the summons has been served, your buyer will need to know whether you, as the seller, have filed a court claim form. They also may want to ask you about current and past use of water at the property.
Get assistance.
- If you sell property using a real estate agent, they may have more information for you. Look for Northwest Multiple Listing Service (NWMLS) Form 22X adjudication disclosure.
- Consult a real estate professional or attorney if you need further disclosure forms or information about your responsibilities for sale.
Undeveloped property
- Adjudication is for current and past water use, so you do not need to submit a court claim form if water isn’t used on this land and never has been.
- If water was used in the past, describe that usage in the court claim form.
- Future water use (e.g., home construction) in WRIA 1 must comply with all county and state laws. New permit-exempt wells are limited to 500 gallons per day for domestic use and 1/12 acre of irrigation. Larger or surface water uses require a water right permit, which can be difficult to obtain in WRIA 1.
A few questions answered
We receive many inquiries about the adjudication process. Here are a few questions plus our responses.
Question: I received my court claim form and need help filling it out. What should I do?
Response: We're here to assist you. You can reach out to our customer support team by email or phone for guidance. If you'd prefer in-person assistance, you can schedule a one-on-one appointment at our Bellingham Field Office. These services are completely free.
Question: We received our adjudication summons packet, but we sold the property with the well last year. What are our next steps?
Response: Give us a call or send an email and we’ll take down your contact information. Ecology is working on a voluntary dismissal form so property owners who are not required to participate may be formally dismissed from the adjudication. Once the form is available, we’ll send it to you to sign.
Question: I just bought a house with a well. How do I find out if the previous owner filed a court claim form?
Response: To find out whether a court claim form has already been filed for your property, you can ask the seller, contact Ecology, or check Whatcom County Superior Court records. If the seller has not filed, the responsibility falls to you to ensure your future right to legally use water. You can pick up an adjudication summons packet at our Bellingham Field Office. You can also download the packet and court claim form from our webpage or file directly on the Whatcom County Superior Court Guide and File website.
Resources
Contact Ecology's customer service team with your questions
- Leave a message at (360) 255-4406 and we’ll call you back.
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Email: wradjudications@ecy.wa.gov
- Call or email us to set up a 1:1 appointment for claim form assistance.
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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