Let's Talk About Adjudication - August 2025
Quick court update
More claims filed every day
Protect your property values
WRIA 1 adjudication goes forward amid funding concerns
Surface water use and the court claim form
A few questions answered
Quick court update
The next Whatcom County Superior Court hearing is set for Monday, Aug. 11, 2025, at 9 a.m. The Court will hear a status update from the Steering Committee. The Steering Committee is a group of lawyers and local citizens who are working on procedural rules that will affect notice, filing and orders in the future. The hearing can be live-streamed at https://www.whatcomcounty.us/3870/Water-Adjudication-Live-Feed.
More claims filed every day
On March 17, we mailed over 30,000 adjudication claim forms to all identified landowners and water systems using surface or groundwater in Water Resources Inventory Area (WRIA) 1. Since then, over 850 of your neighbors in Whatcom and Skagit counties have filed court claim forms with the Whatcom County Superior Court.
While you have until May 1, 2026, to submit your court claim form, we strongly recommend that you file soon instead of waiting until the last minute. We want you to have enough time to find resources and get your questions answered. We’d also appreciate your help with encouraging your friends and neighbors to file their claim forms sooner rather than later.
If you’re one of the people who have already filed, we’d like to hear from you. Reply to this email and tell us why you decided to file early. Here’s what Rob N. from your community shared with us:
I filed my water claim early to get it out of the way and not forget about it. All the advice from the Department of Ecology was helpful in getting it done.
If you haven’t filed already, we’d like to hear from you, too. Let us know if there’s information you need from us to help you file. Or contact us to make your free appointment today to get one-on-one help.
Filing helps protect your property value
Future water availability is a serious challenge for WRIA 1 communities. As the agency responsible for managing waters of the state, Ecology is committed to helping with this complex issue. In the past, when state and local leaders have worked on future water solutions, one of their biggest obstacles was information: where is water used? Where are these uses legal? How much water is claimed by local tribes? To get the answer, Ecology is following long established water laws (1917 for surface water and 1945 for groundwater) to ensure fair management of water use. Adjudication is a necessary step in this process.
We understand that the adjudication may raise questions and concerns. We’re here to help. We offer free, personalized support to help you fill out your court claim form step by step. Filing a court claim form is the only way to protect property values and the legal right to use water in the future.
WRIA 1 adjudication goes forward amid state funding concerns
You may have heard that the Washington state government is facing a budget shortfall. To meet this challenge, the Legislature and Governor adopted a number of cost savings measures in the budget they adopted this spring. This has led to questions about whether the WRIA 1 adjudication is still proceeding. The answer is yes. The current budget includes Ecology’s funding for adjudication, along with money for Whatcom County to provide technical assistance. Whatcom Superior Court is working with the Administrative Office of the Courts to ensure they have sufficient and ongoing funding to meet their budget needs. The court claim form filing deadline has not changed. If the adjudication applies to you, your deadline is May 1, 2026, or one year from when you received your summons.
Does your home use surface water? Here’s how to fill out your claim form
Surface water uses in Washington do not have a permit exemption like groundwater does. This means all surface water uses are subject to the law of 1917 (RCW.90.03). Surface water is water found above the ground such as in a river, stream, creek, lake, spring or reservoir. It can be diverted for agriculture, domestic purposes, commercial and industrial uses, and group water systems.
As part of the adjudication, all water users that directly use surface water or groundwater in WRIA 1 need to fill out and submit a court claim form, even for small uses like single homes. If you use surface water, you should find out whether you have a water right document. This document will have essential information to help you fill out the form. If you do not have a water right document, contact Ecology to see how we can help.
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. If you only use water as a customer of a water system (for example, you pay a water bill to a city or town), you do not need to file a court claim for that use.
Get started
Start by carefully reading the Court Claim Form Instructions. You will be asked to describe your past and current water use. Set aside some time. It may take you anywhere from 30 minutes to two hours or possibly longer to complete.
Have your resources ready such as Ecology’s website and web map, your water right document(s), access to the Whatcom County or Skagit County assessor’s office and the water use calculator.
Fill out the right sections of the form
The court claim form is divided into four parts: A, B, C, and D. Everyone will complete Part A (Claimant names) and Part D (signatures). Part B is intended for small residential uses on a single property using a groundwater permit-exempt well. If you use solely surface water, you will skip Part B and fill out Part C.
Water source details (C1–C3)
List your water right document number, when your water use first began, and the name of the source where you’re getting your water from, like Lake Whatcom or the North Fork. If you’ve got a legal description, parcel number, or GPS coordinates, include those details too. Some of this information may be contained in your water right document.
Surface water use and groundwater (C4–C5)
Fill out C4 if you’re using surface water. Skip C5 unless you also use groundwater from a well.
System setup and timeline (C6–C7)
In C6, describe the location of the diversion (where you take the water from) using the parcel number or county record number for the property. Then, in C7 describe the location where water is used using the parcel number. Parcel numbers can be found at the Whatcom County Assessors or Skagit County Assessors.
Water use categories (C8)
You will identify the purpose of water use and then list the quantity of water used for that purpose. Water use may be measured directly or estimated. If you are not required to have a water meter, you do not need a meter to measure your use to complete the form. The “Domestic Residential Use” section on page 12 includes drinking, bathing, laundry, cooking, pets, and some yard watering. Whatcom County Public Works has water use calculators to help water users estimate the amount of water used based on local averages and national benchmarks.
Skip pages 13 and 14 unless you’re reporting municipal or non-residential use.
Page 15 is where you can add additional information like seasonal use, system improvements, shared setups, or any unique circumstances.
Before you submit your form, don’t forget to:
- Include your unique adjudication id number in part C1 found above your address block on the court form packet
- List parcel numbers or addresses for where water is used
- Include start dates for use or construction. If you’re unsure, assessor records, aerial photos, or your water right documents can help
- If submitting a paper copy, use a pen (do not use pencil) and only submit single-sided forms to the court
- Sign the form on page 16 (Part D)
- If you have an email address, include that on page 2 (Part A)
A few questions answered
Question: I’m filling out Part C of my court claim form and need help estimating my water use, specifically how to calculate cubic feet per second, gallons per minute, and annual quantity. Can you help?
Response: Good question! The instantaneous quantity (measured in cubic feet per second or gallons per minute) is system specific and varies depending on your water system, so it’s not something Ecology can estimate for you. You might find helpful details in your pump manufacturer’s documentation which may include a range in which the pump will run in specific circumstances. Another good option would be to contact the company that installed your system or the supplier you purchased it from. They can often help estimate flow rates based on your setup.
Review your water right to find the Annual Quantity (Qa) that’s specified for your water use. Most water rights include this number which represents the total amount of water you can use in a 12-month period. It’s typically expressed in acre feet per year. One acre foot is the amount of water needed to cover one acre with one foot of water, and it equals 325,851 gallons.
For additional support, Whatcom County Public Works has water use calculators that help you estimate the amount of water used based on local averages and national benchmarks.
Question: My water comes directly from Lake Whatcom since a public water service is not available to me. I use the water only for domestic purposes. Which section of the court claim form should I fill out?
Response: If you are diverting surface water from Lake Whatcom, you will need to fill out parts A, C, and D. In Part C, answer only the questions related to surface water and skip those concerning groundwater.
If you have additional questions, or need any help filling out the form, we are here to help. Please reach out to us and we can walk you through the form step by step by phone or in-person at our Bellingham office.
Resources
Contact Ecology with your questions
Information and tools
Coming soon
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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