Let's Talk About Adjudication - January 2026
In this issue
Get free technical assistance and join the 1,575 water users who've filed
There's not enough water when we need it the most
Notice by publication: How Ecology notifies water users about the adjudication
The number of claimants
Whatcom County filing survey
Resources: Check out our new videos, upcoming workshops and meeting in a box
A few questions answered
Flooding in Whatcom County
For those of you who were impacted by the recent flooding events across western Washington, we hope that you and your families are safe. Whatcom County offers resources for recovery, assistance, and ways to support one another. Visit WhatcomReady.org to learn more.
Get free technical assistance and join the 1,575 others who've filed their court claim form
We can help! Use our NEW online calendars to schedule your appointment for free court claim form assistance.
You can meet with us in person at our Bellingham Field Office, and we’re also trying out virtual (online) meetings using the Microsoft Teams platform, so you can meet with Ecology staff from your home, library, or anywhere else you can get online.
Book your appointment soon to grab a 60-minute spot.
If you don’t see a date or time that works, call (360) 255-4406 or email us, and we’ll set something up that’s convenient for you. Or keep checking back - we’re always adding new appointments to our online calendar.
Filing your court claim form is your responsibility as a landowner. Not filing puts your rights at risk to legally use water in the future and compromises your property value.
Here’s what someone from your community who filed recently shared:
… good news, I managed to fill it [the court claim form] out this morning, and it was way more easier than I thought it would be… A.L, Landowner
If you’ve already filed, we’d like to hear from you too. Please reply to this email and tell us what motivated you to file early.
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Even with all of this rain, there’s not enough water when we need it the most
Floods, not water scarcity, may be at the top of your minds lately.
The recent floods are a symptom of the same problems that cause drought. Snowpack serves as natural storage that, in normal years, gradually melts in spring and summer to provide water when most needed. But this year’s unusually warm November and December brought rain instead of snow. These warm temperatures mean less water from snowmelt in the summer. Flooding is worse, and drought next summer is more likely.
With water challenges getting worse, Ecology, the agency responsible for managing the waters of the state, determined that adjudication is needed. The adjudication will set the stage for fair management of water shortages by establishing who has a legal right to use water, how much, and in what order of seniority. While adjudication doesn’t create new water, it will bring clarity and certainty of use when demand exceeds supply — when it matters most.
Read more about Washington's water supplies in Ecology's Jan. 2026 blog: Did record rainfall end Washington's drought?
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How Ecology notifies water users about the adjudication
Ecology is required by state water law (RCW 90.03.130) to notify identified water users about the WRIA 1 adjudication using specific legal methods. (To learn how water users were identified, see the September 2024 e-newsletter.) The requirements for notice include sending a summons packet by certified mail and getting a signed receipt.
However, not everyone can be reached that way. When addresses are missing, outdated, or a party cannot be found, the law allows Ecology to meet its legal obligations through publication in a newspaper (or newspapers) with general circulation in the WRIA 1 area.
In early 2026, Ecology will publish a legal notice with a list of identified water users who were not served their summons. This list will only include names, not addresses or other personal information. The names will be from publicly available county property records. The legal notice will be published once a week for six weeks. Those water users will have at least one year from the final day of publication to file their court claim form. The court might set a deadline for a later time.
As of December 2025, if you were not served your summons packet, your name will be published. You're still welcome to visit our Bellingham Field Office during normal business hours to pick up a copy.
913 Squalicum Way #101
Bellingham, WA 98225
(360) 255-4400
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How many claimants will there be?
We estimate that between 15,000 to 20,000 water users will need to file court claim forms. This is based on existing water right documents and the number of likely permit-exempt well users. Because we do not know exactly who uses water, we won’t know the true total until water users self-report their water use using the court claim forms. Importantly, this number is far smaller than the 32,720 summons packets we mailed.
If you hear that there are “over 30,000” defendants, this is in reference to the mailing list only. The mailing list was larger because the law required us to notify a large group of landowners, including those who own land potentially covered by historical water rights, even if they are now connected to municipal systems. While the numbers might seem confusing, the most important point is that water users need to file so that they can legally use water in the future, and our goal is to reach them.
Whatcom County Public Works filing survey
Whatcom County is conducting a short survey to better understand your experience filing adjudication court claim forms. It takes about 5 minutes, and your responses will help us better support water users in WRIA 1. Here’s the link: Whatcom County filing survey
A few questions answered
Question: Is Washington the only state adjudicating water?
Response: No. Water adjudication is a tool used for water management throughout the Western United States and is not unique to Washington. Other states like Utah, Idaho, Montana, Arizona, New Mexico, Oregon, and California are also dealing with competing demands for limited supplies and complexities surrounding tribal water rights and historic claims.
Question: What can we expect as an outcome of the adjudication, and what does the future look like?
Response: It will take many years for Ecology to review all the court claim forms and make recommendations to the court. You will have the chance to participate in this process along the way. Once the court makes final decisions and the inventory (called a decree) is complete, we’ll have a clearer picture of where water is being used, where it’s needed, and how stream rights are affected. Then solutions can be developed and implemented fairly.
We encourage farmers and communities to continue conversations about how to support one another in the filing process. Working together will make the outcome more fair and thorough.
In the long term, investments in conveyance, reservoirs, and modern infrastructure will be part of the solution. These are big undertakings, and the first question must be: “Where do we need water and how well can we manage it?" Planning for future water resources could open the door to significant state and federal funding, as seen in the Yakima Basin Integrated Plan (made possible by the Yakima basin adjudication) and related projects, where $500 million in state dollars were matched by $500 million in federal money.
Question: When is the court claim form due?
Response: If you received your court claim form by mail in March 2025, it’s due on May 1, 2026. If you’re unsure, you can always contact us to confirm your due date. Only the Whatcom County Superior Court can change the court claim form deadline. Read the court website for all current updates on court rulings. If the deadline changes, we will send an update to the email you use to read the Let’s Talk newsletter.
Resources
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Check out our new videos
Learn about the WRIA 1 adjudication process and filling out the court claim form.
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Meeting in a box
Do you have a community group or neighborhood association interested in learning more about the adjudication process or how to file the court claim form? You can hold your own meeting! Reach out to us, and we’ll put together a customized “meeting in a box” specific to your group's needs with videos and handouts for you to share. We can deliver it to you electronically, by mail, or in person.
Events
In-person workshop for representatives of small group systems with 3-14 connections
Online (Zoom) workshop for representatives of Group A systems
Whatcom County Superior Court traveling hearing (weather permitting – please check the court website calendar the night before for the most up-to-date information.)
- Hosted by Whatcom County Superior Court
- Jan. 12, 2026, at 9 a.m.
- Ferndale Municipal Court, 5694 2nd Ave., Ferndale, WA or Livestream
- You do not need to attend a hearing to submit a court claim form.
Whatcom County Court claim form technical assistance and filing session (weather permitting – please check the court website calendar the night before for the most up-to-date information.)
- Hosted by Whatcom County Superior Court
- Jan. 12, 2026, 11 a.m. to 1 p.m.
- Ferndale Pioneer Pavilion Community Center, 2007 Cherry St., Ferndale, WA
Information and tools
Contact Ecology with your questions
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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