Whatcom County Water Adjudication: What Property Owners Need to Know
Map of WRIA 1, 2025
If you own property in Whatcom County—especially with a private well or land near water—there’s a big change coming you’ll want to understand. It’s called water rights adjudication, and the Washington Department of Ecology has kicked off a process that will impact thousands of local landowners.
This process will decide—legally—who has the right to use water, how much, and when, especially during shortages. If this sounds like a lot, don’t worry. We’re going to walk through what this means, who it affects, and what you can do to protect your rights.
Check out this interactive WRIA 1 Adjudication Resources Explorer from Whatcom County or you can check out this Find Your Water Resources Inventory Area (WRIA) from the Washington Department of Ecology, Washington Department of Natural Resources.
Now, let’s dive into the details!
The Washington Department of Ecology has initiated a water rights adjudication process in Whatcom County that will have significant implications for thousands of property owners. This comprehensive legal process will determine who has the right to use water, how much they can use, and their priority during shortages. If you own property with a private well or direct water access in the affected area, this information is critical for protecting your water rights.
What is Water Adjudication?
Water adjudication is a legal process that quantifies and prioritizes water use throughout a specific region. In simple terms, it's a court-supervised inventory of all water rights that establishes who can legally use water, how much they can use, and in what order of priority during shortages. The process follows the "first in time, first in right" principle, giving highest priority to the oldest and continuous water users.
On May 1, 2024, the Washington Department of Ecology formally filed this basin-wide adjudication for the Nooksack River system and nearby areas with the Whatcom County Superior Court. While the final decree may take between 10-20 years to complete, the initial steps requiring property owner action will begin soon.
Areas Affected by the Adjudication
The adjudication covers Water Resource Inventory Area 1 (WRIA 1), which includes the watersheds of the Nooksack River, Bellingham Bay, Birch Bay, Chuckanut, Drayton Harbor, Lake Whatcom, Lummi Bay, Point Roberts, and Sumas River. This extensive area encompasses parts of both Whatcom and Skagit counties, potentially affecting approximately 30,000 water users.
Who Needs to Participate?
Understanding whether you're affected by this adjudication is crucial for property owners in the region. The process will impact a wide range of water users, but not everyone will need to participate.
Water Users Who Are Affected
You are likely affected by the adjudication if you:
Own a property with a private well (permit-exempt well)
Directly draw water from rivers, streams, or lakes
Have existing water rights documents
Are located outside public water system service areas
Experts estimate that permit-exempt well owners will make up the majority of affected users, with approximately 20,000 such wells in Whatcom County. Even though these well owners may not have formal documentation, they still have water rights associated with when water was first used on their property.
Water Users Who Are Not Affected
You are NOT affected by the adjudication if you:
Receive your water exclusively from a public utility or city water system
This includes most residents of Bellingham and other incorporated cities in the area
If you're unsure about your status, it's better to prepare as though you'll be included in the process until you receive official notification stating otherwise.
The Adjudication Timeline and Process
The water adjudication process follows a structured timeline with several key phases that property owners need to understand:
Initial Notification (Early 2025)
Beginning in early 2025 (around February-March), the Department of Ecology will start mailing summons and court claim forms to affected water users via certified mail. These documents will contain instructions on how to proceed with filing your water rights claim.
Claim Submission Period (2025-2026)
Once you receive your summons and court claim form, you'll have one year to complete and submit it to the Whatcom County Superior Court. According to the most recent information, forms must be submitted by May 1, 2026. You can file your claim electronically using the court's Guide and File system, in person, or by mail.
Evidence Collection Period (2026-2029)
After submitting your initial claim, you'll have three years to gather and submit evidence supporting your water use claims. During this time, you can also amend your claim form if you discover additional relevant information.
Review and Determination (2029 onward)
Following the evidence submission period, the Department of Ecology will review all claims and prepare reports on legal water use for each claimant. You'll have the opportunity to file objections with the court if you disagree with Ecology's determination about your water rights.
Final Adjudication
After all claims are reviewed and objections addressed, the Whatcom County Superior Court will issue a final decree that legally establishes all water rights in the area. This entire process may take 10-20 years to complete.
What Property Owners Need to Do Now
Begin Gathering Information
Start collecting information about your water use, including:
When your well was first drilled or when water was first used on your property
Documentation of continuous water use over time
Approximate water usage amounts
Property details including parcel numbers
This information will be essential for establishing the priority date of your water right, which is based on when water was first put to beneficial use on your property.
Watch for Official Communication
Be vigilant about checking your mail starting in early (March) 2025 for certified mail from the Department of Ecology containing your summons and court claim form. Missing this notification could jeopardize your water rights.
Plan to Respond Promptly
While you'll have a year to submit your claim after receiving the form, it's advisable to begin the process early. The form will request information about your property and water use, including your address, parcel number, and an estimation of how much water you use.
Why This Matters to Property Owners
The adjudication will have significant long-term implications for property owners in the affected area:
Establishing Legal Water Rights
This process will legally determine whether your water use is valid and how much water you're entitled to use. Without participating in the adjudication, you risk losing your legal right to use water on your property.
Priority During Shortages
If there were a water shortage in the future, property owners with junior water rights (later priority dates) could be required to curtail their water usage while those with senior rights may continue using water. Understanding and establishing your priority date is therefore crucial.
Property Value Implications
Water rights can significantly impact property values. Properties with established, senior water rights may maintain or increase in value, while those with junior rights or undocumented water use could face challenges.
Frequently Asked Questions
Q: What exactly is a permit-exempt well?
A: A permit-exempt well is a private well that doesn't require a formal water right permit from the Department of Ecology. Even though you don't have a permit or certificate documenting your water right, you still have a priority date associated with when water was first used on your property.
Q: How do I know if I need to file a claim?
A: If you rely on a private well or directly draw water from rivers or lakes in the Whatcom County area, you'll likely need to file a claim. If you exclusively receive water from a public utility like city water, you don't need to participate. Below is a link to an interactive map to aid users in finding further information on their property.
https://www.whatcomcounty.us/4458/Adjudication-Resources-Maps
Q: What happens if I don't submit my claim form?
A: If you don't file a claim, you risk losing your legal right to use water on your property. Those who do not file their claims with the court may lose their ability to legally use water in the future.
Q: How do I determine my water usage amount?
A: The court claim form will include instructions for estimating your water usage. You'll need information like your property address, parcel number, and an estimation of how much water you use. Documentation of historical water use patterns can be helpful in establishing your claim.
Q: How can I document my historic water use?
A: Documenting your water use history is crucial. Here are the top 4 ways to do it:
Well logs and drilling records
Property records and deeds
Historical aerial photographs
Utility bills and pump records
Want more options? Check out the full list of documentation methods https://www.whatcomcounty.us/4282/WRIA-1-Water-Rights-Adjudication-Resourc.
Q: Will my indoor water use be protected?
A: The Department of Ecology has indicated it does not intend the adjudication to prevent people's access to the water they need for their indoor domestic supply in existing homes. There are portions of the instream flow rule adopted for WRIA 1 that limit Ecology's ability to curtail indoor domestic water use.
Q: Where can I check for the latest updates?
A: Whatcom County is providing additional resources to community members navigating the adjudication process. CHECK THIS SITE BELOW for updates and a Water Use Calculator
https://www.whatcomcounty.us/4282/WRIA-1-Water-Rights-Adjudication-Resourc
Where to Get Help and Additional Information
Several resources are available to help you navigate this complex process:
Department of Ecology
Website: ecology.wa.gov/nooksack-adjudication
Phone: 360-255-4406
Email: WRadjudications@ecy.wa.gov
Whatcom County Resources
Whatcom County Public Works is offering assistance with the claim filing process and will be providing online workshops
You can review adjudication documents at the Whatcom County libraries in Lynden and Ferndale, or by appointment at Ecology's Bellingham Field Office
Whatcom County is providing additional resources to community members navigating the adjudication process. CHECK THIS SITE BELOW for updates and a Water Use Calculator
https://www.whatcomcounty.us/4282/WRIA-1-Water-Rights-Adjudication-Resourc
Be proactive!
The Whatcom County water adjudication represents a significant legal process that will establish water rights for decades to come. While the process may seem daunting, understanding your responsibilities and taking proactive steps will help protect your water rights. The most important action is to watch for your official notice in early 2025 and submit your court claim form by the deadline.
Remember that while the adjudication process may take many years to complete, your participation in the initial claim filing period is critical. Stay informed, utilize the available resources, and consider seeking professional assistance if your water rights situation is complex or represents a significant asset to your property.
Thank you for reading!
