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August 29th, 2024

If (1) you own property in Washington burdened by an easement, (2) you wish that easement was located somewhere else on your property, and (3) you have been unable to reach an agreement with the easement owner, a recently-adopted Washington law may provide a path forward. What is the Uniform Easement Relocation Act (UERA)? In…

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July 31st, 2024

On May 1, 2024, the Washington Department of Ecology filed a basin-wide general adjudication of surface and ground water rights within WRIA 1 (the Nooksack River system and nearby areas) with the Whatcom County Superior Court. This filing included a detailed statement of facts and Ecology’s determination finding that this adjudication is in the public…

June 13th, 2024

In 2022 Americans gave $499.33 billion to charitable causes.[1] You might be surprised to learn that such giving was not attributable primarily to corporations or to wealthy private foundations, which accounted for 6% and 21% respectively, but was powered by individuals making lifetime gifts (64%) or gifts at death through their estate plan (9%). Yes,…

May 8th, 2024

On May 1st, 2024, the Washington Department of Ecology (“Ecology”) filed a water rights adjudication for Water Resource Inventory Area 1 (WRIA 1) with the Whatcom County Superior Court.  This filing, which follows years of planning, preparation, and community outreach, formally begins the adjudication process. What is a Water Rights Adjudication? In short, a water…

March 29th, 2024

As of the date of publishing, the Department of Ecology (“Ecology”) still plans to file the adjudication of the Nooksack River Watershed Resource Inventory Area (“WRIA 1”) by the end of April 2024. The purpose of the adjudication is to determine the extent, validity, and priority date of every single ground and surface water right…

February 29th, 2024

Navigating the WRIA 1 Adjudication Process: Ecology’s Filing Timeline and Court Claim Forms The Washington State Department of Ecology (“Ecology”) is gearing up to initiate a water rights adjudication in the Nooksack Watershed, or Water Resource Inventory Area (WRIA) 1, with the goal of resolving conflicts and competition over water resources by establishing the legality,…

January 30th, 2024

Property boundaries play a crucial role in determining ownership and land use. However, situations may arise where property owners find it necessary to adjust their existing boundaries to better suit their needs. A process known as a Boundary Line Adjustment (“BLA”) does just what the name implies. A BLA occurs through a local city or…

December 25th, 2023

Does your neighbor have a pesky tree that is growing on to your property? Do you wish you could just chop it down and get rid of it? In Washington, to avoid liability for timber trespass, you will want to think carefully before acting. The law differs depending on where the tree is located. Start…

December 7th, 2023

It is exceedingly common for an older parent to add a child to one or more financial accounts. Whether to start helping immediately with managing their day-to-day finances (like staying on top of the bills) or maybe just as precaution against potential future disability or incapacity, they go into their bank or brokerage and request…

November 7th, 2023

By now, those involved in leadership of Public Water Systems in Whatcom County (and throughout Washington) may have heard about two proposed Class Action settlements to resolve claims for PFAS (Per- and polyfluoroalkyl substances) contamination in Public Water Systems’ drinking water: one involving DuPont (with a proposed settlement amount of $1.185 billion) and the other…

August 8th, 2023

Property encroachments, defined as an intrusion onto someone else’s real property, happen often. The fence you thought divided your property from your neighbor’s is actually a few feet off from the true property line. Maybe your gravel driveway has migrated over the years and now is partially in your neighbor’s front yard. And nothing quite…

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