This blog post discusses changes recently passed to the Washington Uniform Common Interest Ownership Act. These changes will impact many property owners in Washington State – possibly including you! During the 2024 session, the Washington State Legislature passed ESSB 5796, significantly amending the Washington Uniform Common Interest Ownership Act (“WUCIOA;” Ch. 64.90 RCW). The biggest…

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…

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…

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…

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,…

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…

As you may recall from my prior blog posts, the Washington State Department of Ecology (“Ecology”) recommended adjudication of the Nooksack River watershed (also called WRIA 1) in September 2020 and received funding for the adjudication in the 2021-2023 biannual budget. More information is available at Ecology’s WRIA 1 adjudication website. Pending further funding, the…

As described in my November 2020 blog, in September 2020, the Washington State Department of Ecology submitted a report to the Washington State legislature requesting funding for an adjudication of the water rights in two watersheds, the Nooksack River Basin (WRIA 1) and the Lake Roosevelt and Middle Tributaries (WRIA 58). The state legislature passed…

In a September 2020 report to the legislature, the Washington State Department of Ecology (“DOE”) recommended that water rights in the Nooksack River watershed (“WRIA 1”), along with rights in one other watershed, Lake Roosevelt and middle tributaries (WRIA 58), be formally adjudicated. All water withdrawn in Washington State is withdrawn pursuant to a water…

The Washington State Supreme Court decision Whatcom County v. Hirst, 186 Wash.2d 648, 381 P.3d 1 (2016) set off years of uncertainty for rural and suburban development in Whatcom County. Most of Whatcom County is in the Nooksack River watershed (“WRIA 1”). You can find out if your property is in WRIA 1 or a…