Water Rights

Urgent Water Rights Alert for Nooksack Watershed Residents

Updated 2/21/25

The Nooksack watershed adjudication process has upcoming updates for 2025. Certified mail notifications are anticipated in March 2025 for all affected water users. Virtual workshops for residential well users will begin in April, covering claim forms and water rights documentation. In-person events are planned for late May. Registration details for workshops and further resources will be available soon. This adjudication aims to legally establish all water rights in the region. More updates and information on upcoming workshops can be found here

Attention Nooksack Basin Residents and Business Owners: Urgent Water Rights Alert for Nooksack Watershed Residents

If you depend on water from wells, streams, or lakes within the Nooksack watershed, it’s vital to engage in the ongoing water rights adjudication process. Initiated by the Washington State Department of Ecology (DOE) and filed in Whatcom County Superior Court, this legal action under RCW 90.03.140 and RCW 90.44.220 will significantly affect water usage across the Nooksack River system.

What is Water Adjudication?

Water adjudication is not merely a legal formality; it is a critical process that will establish the hierarchy of water rights throughout our watershed. As pressures mount from increased population demands, environmental shifts, and the sacred tribal rights to fish, water adjudication becomes a battleground where every drop counts. This process will ensure that water use is regulated fairly and sustainably, preserving our most vital resource for future generations.

What is a Watershed?

In Washington State, the landscape is organized into 62 major watersheds, also known as Water Resource Inventory Areas (WRIAs). These geographic areas are defined by the natural drainage patterns of the region's precipitation. Each WRIA collects rain and snowmelt, channeling these waters through a network of smaller subbasins into streams, tributaries, and rivers. These waterways eventually converge and typically empty into larger bodies of water such as the Pacific Ocean or the Columbia River. This system plays a crucial role in the hydrological cycle, supporting diverse ecosystems and human communities across the state.

Upcoming Key Dates and Events:

  1. March 2025: Certified mail notifications will be sent to all affected water users. Registration for the April workshops will go live at the end of the month. Registration is mandatory and limited to 50 households per session.
  2. April 2025: Virtual workshops will begin, providing crucial guidance for residential well users on preparing their court claim forms. Each workshop will last one hour and cover the adjudication process, demonstrate useful tools, and include a Q&A session. For those unable to attend, recordings of the events will be made available on the official adjudication page.
  3. May 2025: In-person events are scheduled to offer additional support and resources. Details and exact dates will be announced this spring.

Immediate Action Required:

The adjudication process kicked off with a preliminary hearing on June 26, 2024. If you use water in the Nooksack watershed, you should have already received a legal summons instructing you on how to file a claim for your water rights. Failure to respond could result in losing your water access. This process involves around 30,000 stakeholders, including individual users, local governments, and tribal entities. Compliance with existing regulations for permit-exempt wells is crucial to maintain your rights.

Why This Matters:

This adjudication process will establish the legal allocation of water rights across the Nooksack River system, impacting approximately 30,000 stakeholders, including local governments, tribal entities, and individual users. This adjudication will profoundly impact various sectors, especially the roughly 1,500 farms relying on this water for irrigation, as well as local homeowners and businesses. Balancing water distribution is essential for sustaining agriculture and supporting the community's future water needs.

Act Now to Protect Your Water Rights:

This is a critical time for the Nooksack community. Your active involvement is essential to ensure fair water management and safeguard your rights. Visit the DOE’s website for more information and to take part in shaping the water future of our region. Stay proactive by visiting the Whatcom County or DOE adjudication web pages, which offer resources and information to help you understand and engage in the adjudication process. For further questions and to stay up-to-date, contact the DOE via their online contact form, and sign up for their Nooksack Adjudication e-newsletter.

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Source: Whatcom Family Farmers

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Have questions? Email WRadjudications@ecy.wa.gov