Navigating the WRIA 1 Adjudication Process: Ecology’s Filing Timeline and Court Claim Forms

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, volume, and priority of water rights within the Nooksack Watershed. In the general stream adjudication, Ecology will initiate a legal process to gather evidence from all parties claiming water rights to surface water and groundwater in WRIA 1. The court then evaluates this evidence to confirm claims and determine the remaining water availability. More information about the adjudication is available at Ecology’s WRIA 1 adjudication website.

Filing the Adjudication and Sending the Summons and Forms

Ecology plans to file a general stream adjudication of WRIA 1 in Whatcom County Superior Court in the spring of 2024, likely in April according to Ecology officials. Following this filing, it will take several weeks for the Court to prepare orders, issue summons, and set deadlines, and Ecology will also require a few weeks to prepare the necessary mailing. In the following weeks, Ecology will send certified mail containing two court claim forms and instructions to affected users. All users receiving these forms will then have one year to complete and submit them as part of the adjudication process.

All direct water users in WRIA 1 must file a Court Claim with Whatcom Superior Court within one year of receiving the mailing from Ecology. “Direct water users” are those who source their own water from surface or groundwater. Customers of city or town water systems will not be directly involved with the adjudication process, as those municipal water suppliers own water rights that they will assert on behalf of their customers. However, some city water customers may receive a mailing from Ecology if a water right has been recorded on their property, even if they are city water customers.

Choosing the Right Form

Ecology will send all direct water users a summons along with two claim forms and an instruction sheet via certified mail in the weeks following the initial filing in Whatcom Superior Court. The Small Use Court Claim Form is for single homes on wells, and the Full-Length Court Claim Form is for all other water uses. Drafts of each form are available here.

Ecology has proposed a simplified process for certain small water uses, specifically for homes relying on single wells. This proposal aims to streamline the adjudication process for households that consume 500 gallons of water per day or less with limited outdoor watering needs. It is important to note that this proposal does not alter existing permit exemptions. Under this simplified process, homeowners with a well will be able to fill out a concise form to document their water usage, facilitating a smoother inventory process for such small-scale uses.

The Full-Length Court Claim Form must be completed for all other water uses, including those that are permit exempt. The full-length form involves a more detailed inquiry and seeks additional information regarding the historical patterns of water use, the specific locations where water is applied, and the intended purpose of usage. The goal is to design a comprehensive form that accommodates the needs of the majority, ensuring ease of completion while allowing users to provide detailed information. This approach does not impose limitations on the amount of use that individuals can claim, providing flexibility within the adjudication process.

In cases where individuals have multiple water uses, they have the option to complete multiple forms to document all of their water rights. This may arise if users have both a single-family residence and additional water uses. In such situations, there may be multiple water rights involved, each with its own distinct characteristics and corresponding document numbers. These water users can fill out a small use form to claim their residential use in addition to any full-length forms to claim additional water rights.

Completing the Claim Form

The claim forms will inquire about the date of first use, assess both present and peak historical usage levels, and request details regarding the locations of diversion, withdrawal, and utilization of water resources. Additionally, individuals are prompted to provide any relevant document numbers if available. It is important to fill out a claim form even without document numbers, as there will be an opportunity for discovery to provide evidence supporting water right claims, which can be amended for up to three years.

Regardless of the size of their use or their stance on the adjudication process, individuals are urged to complete and submit their claim forms to the Whatcom County Superior Court. This is crucial for several reasons. First, it directly impacts property value, as the information provided in these forms can influence how water rights are allocated, subsequently affecting property values in Whatcom County following the adjudication. Second, filing claim forms is essential for safeguarding water rights, ensuring legal protection and acknowledgment of water use. Lastly, participation in this process contributes to future water banking efforts, promoting sustainable and equitable water management within the region.

Looking Ahead

General stream adjudication is a lengthy endeavor. After the claims submission period ends, the Department of Ecology will review the claims submitted by affected parties. This involves assessing the validity of each claim and determining its compliance with state water laws and regulations. There will be a designated period allowing individuals to present additional evidence supporting their claims, with the possibility to amend claims for up to three years. Subsequently, Ecology will compile detailed findings for submission to the court. During this phase, there is an opportunity for objections to be raised, either between parties or pertaining to one’s own water right. The court will rule on priority, purpose, priority date and other details of every claimed water use, which will be organized on a final decree, and water rights certificates will be issued accordingly.

As you prepare for the upcoming spring of 2024 and the initiation of the WRIA 1 adjudication process, it’s essential to educate yourself about your water rights documents and understand your current water usage. Keep an eye out for mailings and updates from the Department of Ecology and be proactive in completing and submitting your claim forms to the Whatcom County Superior Court. Taking these steps now will ensure that you are well-prepared and informed as the adjudication process progresses.

Disclaimer: This article and blog are intended to inform the reader of general legal principles applicable to the subject area. They are not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.