Let's Talk About Adjudication - May 2026
In this issue
Court news
Newspaper publication of the legal notice
Water rights and documents (revisited)
Why we're asking you to identify your water right documents
How to look up water right documents online
Court claim form assistance events
A few questions answered
Whatcom County Superior Court news
The next WRIA 1 adjudication hearing is scheduled for May 11, 2026 at 9 am and can be watched via livestream.
Newspaper publication of the legal notice has concluded
As required by state water law (RCW 90.03.130), Ecology published a legal notice in the Cascadia Daily and Skagit Valley Herald newspapers once a week for six weeks beginning March 17, 2026. The notice listed names of water users in Water Resources Inventory Area (WRIA) 1 who could not be reached by certified mail. These names were taken from public records. If your name appeared in the newspaper, it meant Ecology was unable to serve you a summons packet. The published notice served as your formal legal notification.
All landowners using groundwater or surface water in WRIA 1 have until June 1, 2027, to file a court claim form with Whatcom County Superior Court.
If you would like to confirm whether we have identified you as a water user who needs to file a court claim form, or if you need a court claim form, please contact us. For assistance with filing:
Water rights and documents
While water may be physically present in a stream or well, it doesn’t mean it’s legal to use. In Washington:
-
Surface water (streams, lakes, rivers, creeks) generally requires a water right claim or permit to divert and use.
-
Groundwater (well) use generally requires a water right claim or permit unless it falls under the groundwater permit exemption.
A water right is the legal authorization to use a specific quantity of water for beneficial uses, subject to the terms and conditions of the right.
There are three main kinds of water right documents:
-
Registry claim. A form filed with Ecology between 1967 and 1998 claiming the use of water before the water code. This kind of claim may legalize continuous historic water use. In adjudication, the superior court will determine whether each claim is valid.
-
Permit. – A permit is permission from Ecology to develop a water right. Under a permit, the permit holder may construct a water system and may put the water to beneficial use. A permit can be a valid water right if the water listed has been legally used over time.
-
Certificate. – A water right certificate is the official legal record of the water right that shows past beneficial use of water. The water use shown on the certificate is valid to the extent the water has been continuously used over time. Once issued, the water right is attached to the land on which the water is used unless and until it is intentionally severed from the property.
Why we're asking you to identify water rights documents as part of the adjudication process – even if you think we already have them
Adjudication law requires water users to self-report their water use, including the legal basis of use (RCW 90.03.140). This means water users need to find out if they have a water right document and, if they do, to include the number on their court claim form. You may need to find water right documents to learn more about your water use as part of this process.
Ecology does not know where water is used at all times unless people report their use. Ecology also does not know what water right documents may correspond with the different uses. It is true that Ecology manages the state’s water resources, including maintaining records of water rights. However, the water use written on paper, sometimes called a “paper water right", doesn’t always reflect how water is used on the ground.
There are several reasons for this. Many water rights date back decades—some as early as 1917 for surface water and 1945 for groundwater. Population growth and changing land use have significantly changed the WRIA 1 region over the last century and in some cases the recorded water rights have not been updated to reflect those changes.
For example, a water right established 100 years ago, in 1926, might have been authorized for the irrigation of 100 acres with one home. Today, that same land could be divided into many smaller parcels, each with different owners and water needs. Some portions of the original water right may still apply, but others may not. In some cases, additional water rights nearby may have been obtained over time, resulting in overlapping water rights.
Adding to the complexity, many groundwater uses established after 1945 are “permit-exempt,” meaning they did not require a formal application to establish and are not recorded. There is no database for permit-exempt water rights because they do not have any paper documentation.
Because of all of this, it’s not possible for Ecology to determine, simply by looking at water right records, where they provide legal authority for water actually used.
That’s where a water adjudication comes in. A water adjudication can be thought of as similar to a census. Just as a census is conducted every 10 years to gather updated information about the population, an adjudication asks everyone in a region to report how they are using water, including details like the place of use, source, purpose, quantities, and period of use. One difference is that this is the first time a large-scale water rights adjudication is being conducted in this region. And once it is completed, it will not need to be repeated. Water users will be granted adjudicated certificates to authorize the court’s final decision on their legal water use.
That’s why, even if Ecology’s records include water right documents for your property, the law requires anyone using their own water source to submit a court claim form. This helps to confirm what water rights are still valid and how water is actually being used today. This information is essential for managing water resources fairly and effectively for all residents in WRIA 1.
How to look up water rights online
The easiest way to learn about your water right documents is to call or email us — we're happy to help. Please let us know your name, address or parcel number of your water usage, and a phone number or email so we can get back to you.
If your property is in WRIA 1, you can use the Nooksack Adjudication Web Map on a computer or smartphone. For properties outside of WRIA 1, use the Water Resources Web Map. (Check out our WRIA 1 web map video to learn how to use the WRIA 1 web map).
-
Search for your property. Use the search bar at the top of the map to enter a street address or parcel number. You can also search by water right document number or the name of the person or organization on a water right.
-
Explore the map. Once you locate your property, click on the map to see all data layers at that location. The number of data layers that you will see will depend on how many data layers you have turned on, and how many overlapping water rights there are in that location.
-
Adjust the map layers (optional). The default view shows most water right types (except large municipal uses). You can toggle layers on or off to simplify the view, especially in areas with many overlapping water rights.
-
Open a water right record. Click on a water right file number in the pop up after clicking on the map to open the record in the Water Rights Search database. There you can see details such as purpose of use, place of use, and authorized quantities. You can also open scanned documents related to the water right.
-
Search directly in the Water Rights Search database (optional). You can also search for water rights directly within the Water Right Search database. This tool allows for more detailed and flexible searches. For example, you can search by document number, name on the water right, purpose of use, propriety date, or by location.
-
Add the document number on your court claim form. If you use water under this water right document, you need to claim it in the adjudication. Use Part C of the form and include the water right document number under C1, Legal basis of water right. Do not attach water right documents when you file your court claim form.
Important things to consider when searching for water right documents
-
Map accuracy. Water rights are mapped based on legal descriptions and were digitized manually. Errors can occur, so it’s important to independently verify all details carefully.
-
Additional paper records. In some cases, there may be additional historical documents related to old water rights that are not available online. You do not need to include maps, property deeds or photographs with your court claim forms. Please let us know if you would like additional information.
Note: If you have a permit-exempt well, you don’t need water right documents for that use, but you’ll still need to file a court claim form. If you want to claim a different legal water use other than what’s allowed under the exemption or a water right document, you can do this on the form using Part C and checking the box for “other” under C1, Legal basis of water right.
Court claim form assistance events
Get free court claim form assistance in person. Registration required.
Ecology and Whatcom County (and their consultants, Geosyntec) offer free assistance in filling out your court claim form. These events do not involve presentations or general question and answer sessions. It’s a time for individual help with your specific form. To participate, register for an appointment and meet with a technical assistance specialist who can answer questions about your court claim form. If your situation involves complex water usage, such as for multiple properties, please schedule a separate, free appointment with Ecology at a different time.
Skagit County:
May 21, 2026 - Bow, WA - Edison Elementary School, 5:30 p.m. - 7 p.m. Register soon - limited spots available.
Whatcom County:
For the following events, please call 360-778-6314 or email WRA-publicworks@co.whatcom.wa.us to register.
May 6, 2026 - Lynden, WA - Lynden Library, 2 p.m. - 5 p.m.
May 7, 2026 - Everson, WA - Everson Library, 10:30 a.m. - 2:30 p.m.
June 4, 2026 - Point Roberts, WA - Point Roberts Community Center, 10 a.m. - 2 p.m.
June 9, 2026 - Van Zandt, WA - Van Zandt Community Center, 3 p.m. – 6 p.m.
If you have ideas about good locations in your community where we could offer technical assistance, we'd love to hear them. Reach out and let us know.
Have you already worked with our technical assistance staff?
Share your feedback. Here’s what others have said:
- I wanted to pass along this feedback and amplify it – thank you for ALL your work supporting diverse claimants, from federal agencies to individual landowners. Representative from the US Forest Service.
- I wanted to share how much I appreciated the help I received from Ecology’s technical assistance staff with filing my adjudication forms. She was professional, kind, and attentive throughout our interview. Her clear communication and genuine willingness to assist made a real difference in my experience. She represents your organization well and relieved my stress regarding this filing. M.P., landowner
A few questions answered
Question: While filling out my adjudication court claim form online, I noticed a water right permit number on my property’s water well report. This is a domestic well. Does that mean I have a water right? Should I complete Part B or Part C of the form?
Response: If you wish to claim water under the water right document that you found, you will need to complete Part C. Only complete Part B of the form if you do not use the water described in the water right document. Completing Part B means that you could lose the opportunity to later claim a greater quantity water for the purpose, quantity and area listed in the water right document. Only complete Part B if your water use meets the conditions for Part B, which include: 1) you use water from a well, 2) you use no more than 500 gallons per day for indoor domestic uses and 3) you irrigate less than 1/2 an acre of non-commercial lawn and garden.
Question: The information about my water usage on my water right permit is wrong. How should I indicate that on the court claim form?
Response: If you disagree with the information on your water right document, it is very important that you still submit a court claim form and include the document number. Describe your current and historical water usage to the best of your ability. If you think the document contains an administrative error, please reach out to us to discuss.
Resources
Contact Ecology with your questions
Information and tools
Free court claim form assistance
Need to cancel or change your appointment? Use the same online booking method you used to schedule it, or contact us by phone or email.
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.
|
