Let's Talk About Adjudication - August 2025
Don't wait — file soon
Whatcom County Superior Court comes to Lynden on Sept. 8
How we'll share information in the future
I have a well and a septic system …
Rainwater collection from a rooftop
A few questions answered
Don't wait — file soon
While you have until May 1, 2026 to submit your court claim form, everything you need to file — including telephone and in-person assistance — is available right now. As the deadline draws near, we expect more people to reach out for help, and wait times will increase. We want you to have enough time to find resources and get your questions answered. If you’re one of the people who have already filed, please drop us an email and tell us why you decided to file early. Here’s what one of your neighbors shared with us:
My husband and I filed early this year as soon as we received the packet in the mail. I've been subscribed to the email updates for over a year, so I had seen the form and instructions already. The form was simple and straightforward for our residential 5-acre property. Thanks for that! – K.G., Deming
You may read your court claim form and see questions that confuse you. You might not know your parcel number, your well information, or how to find out whether you have a water right document. We can help. Send an email or give us a call, and we can answer your questions.
Whatcom County Superior Court comes to Lynden on Sept. 8
9 a.m., Lynden Municipal Court, 205 4th St, Lynden: Judge David Freeman, the adjudication judge, will hold court to hear an update from the Adjudication Steering Committee. The public is welcome, but you do not need to attend to claim a right to use water in the adjudication.
1 p.m., Lynden Senior Center, 401 Grover St, Lynden: Court staff will hold an information session on e-filing, requesting fee waivers, and reading the monthly docket sheet. Whatcom County and Ecology staff will also be available to answer questions and assist the public with filing.
How we'll share information in the future
Department of Ecology
After you file your court claim form, you may not hear anything back right away. The court and Ecology are processing hundreds of forms and will follow up with you if we have any questions. Ecology will eventually file reports with the court on all water uses. When it’s time for Ecology to report on your claim, we will reach out to you using the contact information you provide (email, mailing address, or phone number).
Whatcom County Superior Court
The Whatcom County Superior Court is planning to adopt new Special Rules of Procedure that will change the way notice is provided in this case. In most cases, the court sends notices through mail or e-mail. With so many defendants in this case, the Superior Court will use a new process. Under the new rules, legal notice of court hearings, orders, deadlines, and motions filed by other parties will not be mailed to you. Instead, notice will be posted by the Whatcom County Superior Court in the docket sheet.
The docket sheet will be your legal notice of court activity. It will list all documents filed in the case and will be updated on the first Friday of each month. It will be your responsibility to check the docket sheet regularly to stay informed. To see court orders and filings by other parties, you can:
To read the documents listed in the docket sheet, you can go to the online website or visit the court in person.
If you need assistance with court-related information, contact the Superior Court Clerk’s Office at 360-778-5786. For help with your court claim form, contact Ecology at 360-255-4406.
I have a well and a septic system …
“I have a well and a septic system. Do I need to participate in the WRIA 1 adjudication?”
This question comes up now and then, and it’s easy to see why. When water is taken from a well and goes down the drain into a septic field, it might seem like your water use is in a closed-loop system. However, water used outdoors often evaporates and is consumed by vegetation. Even water used indoors does not go back into the aquifer right away. The time it takes for the water to filter back into the aquifer can be slow depending on the type of soil and rock below the surface. Pumping water faster than it can recharge can lead to dry wells, reduction of water in streams and lakes, and increased pumping costs.
The short answer is: yes, all landowners who use water in WRIA 1 from a well (groundwater), river, lake, or stream need to file a court claim form that describes their water use.
Washington’s water code looks at all water withdrawn or diverted from the environment, whether or not it returns to the ground shortly afterward. The adjudication asks landowners to report how much is taken out of a stream or aquifer, not about how much of that water is “consumed.” You need to submit a court claim form for the amount withdrawn in order to secure your right to withdraw that amount in the future. This information is needed for Ecology, the agency tasked with managing waters of the state, to get a complete picture of all water uses in WRIA 1 so the resource can be managed fairly.
If you are using a well at your home, the court claim form is fairly simple. If your use falls within the instructions for Part B, you just need to submit basic information about your water source, system type, and usage. Keep in mind that filing a court claim form is the only way to protect property values and the legal right to use water in the future.
Rainwater collection from a rooftop
Collecting rainwater from rooftops using barrels or other collection systems has become a popular way to supplement a water supply for gardening and managing stormwater runoff. It’s a low-cost option for diverting water that would otherwise end up in the storm drain.
In 2009, we issued a rainwater use interpretive policy, Policy 1017: Collection of Rainwater for Beneficial Use, which clarifies that you may use water collected from your rooftop without a water right permit. That means if you’re using rain barrels to store water from your rooftop, you do not need to include that water amount in the WRIA 1 adjudication court claim form.
The same rule applies to “guzzlers,” which are devices designed to collect and store rainwater specifically for wildlife, livestock, or birds. As long as the rainwater is collected from existing structures (like rooftops) and the water is used on the same property where it’s collected, no water right is required, and that amount does not need to be included on the court claim form.
If rainwater harvesting begins to negatively affect instream flows or existing water rights in an area, Ecology can impose local restrictions on new systems to protect the watershed. However, we do not expect the collection of harvested rainwater to negatively impact water resources.
You can read more about rainwater collection on our website.
A few questions answered
We receive many inquiries about the adjudication process. Here are a few questions, plus our responses.
Question: Can I collect rainwater from my rooftop and use it as the sole water source for my home?
Response: For regulatory purposes, the Washington Department of Health’s Office of Drinking Water classifies rainwater as surface water, which means it must meet the standards of the Surface Water Treatment Rule. If you plan to use rainwater as your sole water source for a new home, contact the Whatcom or Skagit County planning department to confirm whether it's permitted.
Question: I have a pond in my backyard. Do I need to report the water it holds as “storage” on my court claim form?
Response: If you store less than 10 acre-feet of water in a retention structure, or retain water in a pond or pool that is less than 10 feet deep, then it does not need to be reported as storage for the adjudication process. For perspective, a standard swimming pool holds less than 0.1 acre-feet, while an Olympic-size pool holds around 2 acre-feet of water. For more information, see RCW 90.03.370(8) and WAC 508-12-260.
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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