Nooksack (WRIA 1) Adjudication Update: Key Developments and What to Expect Next

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 interest. More information about the adjudication of the Nooksack Basin is available at the Department of Ecology’s website.

What happened on June 26^th?

Judge David A. Freeman has been selected by the Whatcom County Superior Court judges to oversee the adjudication. On June 26 ^th, the court held its first hearing related to the Nooksack Adjudication and issued two preliminary orders. You can see the orders and watch the June 26^th hearing here.

1. Order on Pre-Commencement Motion Practice: This order provides guidance on how attorneys (and others) can file motions before the Court authorizes the issuance of a summons.
2. Order Establishing Steering Committee: The Court established a steering committee to be comprised representatives from a variety of different stakeholders such as municipalities, tribes, water districts, agricultural interests, and more, as well as unrepresented claimants. The purpose of the steering committee will be to (1) advise the court on procedural matters, and (2) provide a forum to identify common interests and positions and facilitate effective and orderly proceedings.

During this hearing, the Department of Ecology’s legal counsel informed the Court that the Department plans to have its final claim forms and summons ready by August 30, 2024. The Court will review these documents before an administrative hearing scheduled for September 26^, 2024. After this hearing, the Court will likely authorize the issuance of a summons, which will be mailed to water users along with the claim forms. For more information about the claim forms, check out our previous blog post.

What’s next?

The Court has scheduled another hearing for September 26, 2024 to review the summons and claim forms proposed by the Department of Ecology. During this hearing or shortly after, it is likely that the Court will authorize the issuance of the summons. Assuming that happens, water rights holders can expect to receive their summons and claim forms in October or November.

What is a water adjudication summons?

A water adjudication summons is a court-issued document that starts the legal process of resolving water resource conflicts. It is sent to owners of real property within the adjudication area who are not part of public water supply systems (such as a city, town, or water district). The goal of the adjudication process is to establish who has the right to use water, how much they can use, and in what order.

The summons will include a claim form and detailed instructions on how to fill it out. Recipients will have a year to complete and return this form. The form will include the applicable deadline, which has yet to be set by the Court.

Filling Out a Claim Form is Crucial to Protect Your Water Right(s) and Property Value

Regardless of your opinion about this process, if you hold a water right within WRIA 1 it is vitally important to fill out a claim form once you receive the summons. Engaging in the adjudication process is crucial to protect your water rights (and, by extension, your property value) regardless of the type of water right you hold – be it an exempt well or a large surface water right.

If you have any questions or concerns about the adjudication or your water rights, you should contact an attorney experienced in water law.