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Water Rights

Urgent Water Rights Alert for Nooksack Watershed Residents

Overview

Live in Water Resources Inventory Area 1 (WRIA) 1 and use a well, stream, or lake? You must file a legal claim for your water use by May 1, 2026. This applies to homeowners, farmers, and business owners.Certified mail was sent in March 2025, and 850 claim forms have been submitted since then, according to the DOE. Filing early is strongly recommended. 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.

Update from the August 2025 hearing: Some residents have expressed concern about whether the state budget could slow or halt the adjudication process. The Washington Department of Ecology and Whatcom County Superior Court have confirmed that funding for the Nooksack adjudication is secured and the process is moving forward as planned. While adjudication is a long process, these commitments ensure that claims will continue to be reviewed and the timeline toward the May 1, 2026 filing deadline remains unchanged

  • One-on-one appointments are available at Ecology's Bellingham Field Office
  • For free phone and email support: wradjudications@ecy.wa.gov  •  360-255-4406
  • Free language assistance is available upon request by calling 360-407-6872
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What is Adjudication? What Is a Watershed (WRIA 1)?
A legal process to determine who has the right to use water, and in what amount. It's critical for sustainable water management and protects existing users. The Nooksack Basin collects water from rain and snow. Anyone using water from wells, lakes, or streams in this area is part of WRIA 1.

Upcoming In-Person Workshop(s):


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The Importance Of Well Pump Maintenance For WRIA 1 Water Rights

A properly functioning well pump helps demonstrate ongoing, beneficial use of water, which is a key factor in the adjudication process. Regular well pump inspections, repairs, and maintenance create records that can support your claim. Service invoices, maintenance logs, pressure testing, and pump replacements all help show that your well has been actively used and cared for over time. These records may become important if your claim is reviewed or questioned during the adjudication process. Beyond documentation, routine upkeep helps prevent sudden failures that could interrupt water use: Gaps that may complicate proving consistent use. Staying proactive with well pump maintenance protects both your household water supply and your long-term legal access to that water. Contact us to schedule your well pump maintenance today.

Filling Deadline: May 1, 2026
  1. Water Adjudication: A legal process used to officially determine who has the right to use water in a specific area.
  2. Watershed: An area of land where all the water that falls as rain or snow drains into a specific body of water, like a river, lake, or ocean.
  3. Water Rights: The legal permissions granted to use water from a source (such as a river, lake, or underground source) for specific purposes.
  4. WRIA (Water Resource Inventory Area): A region defined for the management of its water resources. Washington State is divided into several WRIAs, each with its unique water management needs.
  5. Permit-Exempt Wells: Small wells for private use, like household or small farming, that don't usually need a permit under certain conditions, although they are still regulated in other ways.
  6. Claim Forms: Documents that stakeholders must fill out and submit to legally claim their water rights during the adjudication process.
  7. Certified Mail Notifications: Official notices sent through mail services that provide the sender with a legal record of delivery. Used in the adjudication process to ensure all affected parties are formally notified.
  8. Stakeholders: Individuals or groups affected by or interested in the adjudication process, including homeowners, farmers, business owners, and government entities.
  9. Tribal Rights: Legal rights granted to indigenous groups, often including specific rights to use water for their communities, which must be respected during the adjudication process.
  10. Water Use Calculators: Tools provided to help estimate how much water a household or business typically uses, important for preparing water right claims and understanding water usage.
  11. Sustainable Management: Managing resources in a way that meets current needs without compromising the ability of future generations to meet their own needs, particularly concerning water use.
  12. Hydraulic Connectivity: The connection between surface water and groundwater, which influences how the extraction of one can affect the availability of the other. Understanding this is crucial for managing water rights sustainably.
  13. Instream Flow: A water right for the water to remain in a river or stream to support the ecosystem and recreational needs, which competes with consumptive water use rights.
  14. Water Banking: A system that allows users to store their water rights in a 'bank' for future use or to lease or sell to others, helping to manage water resources more flexibly and sustainably.
  15. Consumptive Use: Water use where water is not returned to its source and is consumed by evaporation, incorporation into products or crops, or other processes.
  16. Non-consumptive Use: Water use that does not significantly diminish the source or alter the water permanently, typically used for hydroelectric power generation, recreational purposes, and ecological protection.

Who Needs to File

Common Myths (And the Facts)

  1. “My well is permit-exempt, so I don’t need to file.”
    • You do—exempt doesn’t mean exempt from adjudication.
  2. “I didn’t get a summons, so I’m not involved.”
    • You may still need to file if you use water in WRIA 1.
  3. “It’s just a government formality.”
    • It’s a legal process that could impact your right to water.

How to File Guide

Received Your Court Claim Form? What To Do Next:

  1. Understand Your Role: You've been identified as someone who uses water directly from sources like wells, streams, or lakes in the Water Resources Inventory Area (WRIA) 1. It's crucial to file a court claim form to legally secure your water use rights.
  2. Review Your Packet: You should have received a packet containing important documents including a summons, instructions, a court claim form, and more. These documents are essential for completing your claim.
  3. Fill Out the Form: Follow the step-by-step instructions included in your packet to accurately fill out your court claim form. Pay attention to details like:
    • Your unique six-digit adjudication identification number.
    • The names of all property owners where the water is used (all must sign the form).
    • Estimate the time needed; it might take 30 minutes to two hours to complete.
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The form is broken into four main sections:

Part A: Claimant Names (Everyone Fills This Out) This is where you write the names of all people or entities who own the property where the water is used. If more than one person owns the property, list them all—every owner must be included here.

Part B: Signatures (Everyone Fills This Out) At the end of the form, every property owner listed in Part A needs to sign. Signatures are your way of officially confirming that the information you provided is correct.

Part C: For Small Household Well Use - Use Part B if:

  • You use 500 gallons per day or less for indoor household needs (drinking, cooking, showers, laundry, pets, etc.).
  • You water a lawn or garden up to ½ acre (non-commercial).
  • You’re not using your water for farming, business, or large-scale irrigation. This is common for most single-family homes with a private well.

Part D: For Larger, Commercial, or Surface Water Use - This section is for more complex or bigger water uses, including:

  • Any water from a stream, river, or lake
  • Water for farming, business, or other non-household purposes
  • Households using more than 500 gallons/day
  • Irrigation over ½ acre, or situations that require a water right document If you’re unsure, it’s better to start with Part C or check with Ecology.
Utilize Resources:
  • Use the water use calculators provided by Whatcom County Public Works to estimate your water usage.
  • Check the WRIA 1 map tool to see if you have water rights documents already on file.
  • Retrieve your well report for details like well depth and tag number if your well is registered.
File Your Form:
  • Online: The easiest method is online through Whatcom County Superior Court’s Guide and File system, where you can either submit electronically or download and print a filled form.
  • In-Person: Deliver a signed original form to Whatcom County Superior Court at the address provided.
  • By Mail: If you need to mail your form, ensure it’s single-sided and include the $25 filing fee (plus a $1 service fee if filing online).
Pay the Filing Fee: The fee can be paid online, in person, or by mail (check specific instructions for mail). If you can't afford the fee, you may request a waiver at the court.
*Guide and File* *E-File* *Paper Filings*
If you would like guidance through the process of filling out the claim form click here. If you've filled out your forms and would like to file them digitally click here. If you would like to file physical copies of your forms you can visit us at the Clerks Office during regular business hours. Please note all filings must follow Local Court Rules.

**Important Reminders:** Be sure to keep a copy of your receipt for your records. Don’t delay in submitting your claim form. Although you have until May 1, 2026, early submission helps ensure your rights are protected without last-minute pressures.

View Case Filings

Click here for more documents and docket on this case

Document Center Date Filed
Resolution Approving Whatcom County Superior Court to Hold Hearings outside of Bellingham, WA 2/18/2024
Statement of Facts 5/01/2024
Declaration of Leigh Bedell 5/01/2024
Note for Hearing 5/01/2024
Order Setting Hearing -- Judge Freeman 6/03/2024
Letter to Whatcom County Council Re: Resolution to Hold Court Hearings outside of Bellingham, WA 6/04/2024
Response to Court's June 3rd Order 6/14/2024
Order on Pre-Commencement Motion Practice -- Judge Freeman 6/26/2024
Order Establishing Steering Committee -- Judge Freeman 6/26/2024
Order Granting County Clerk's Application to Reject Filing -- Judge Grochmal 6/28/2024
Order Re: The Temporary Authorization for Water Adjudication Proceedings of the Whatcom County Superior Court Outside of Bellingham, Washington -- Judge Freeman 2/26/2025
Order of Stay Re: Stay of Motions and Similar Actions Pending Adoption of Rules and Procedure -- Judge Freeman 3/2/2025
Scheduling Order -- Judge Freeman 4/03/2025
Administrative Order for July 14, 2025 Hearing -- Judge Freeman 6/13/2025
Amended Steering Committee Order (DRAFT) -- Judge Freeman 7/31/2025
Administrative Order Extending Stay and Scheduling Orders -- Judge Freeman 7/31/2025

Farmers & Businesses

FOR FARMERS:

Submit logs, crop records, and irrigation maps

Use Water Use Calculator for estimates

Attend ag-focused workshops (Farm Bureau, WSU)


FOR BUSINESS OWNERS:

File if you use water for operations or landscape

Document daily/seasonal usage

Provide invoices, utility records, or permit info



What Happens After You File/FAQ

  • You’ll get confirmation of your submission
  • Court may request more details later
  • Your claim will be reviewed over several years
  • You may be invited to mediation if there’s a conflict

Frequently Asked Questions

WRIA 1 Nooksack Watershed Water Availability

What if I just bought my property? Do I still need to file?

Yes. If the property relies on a private water source (like a well), you’re likely required to file a claim, even if the water use started before your ownership.

No. If your home or business is connected to a public water utility, you're not required to participate in this adjudication.

Yes. Amendments may be allowed, but corrections after the deadline could be limited. It’s best to file early and seek help if needed.

Not necessarily. Filing a claim helps protect your use. Failure to file, however, could risk losing legal recognition of your water right.

Ignoring the summons could lead to a default judgment, meaning your right to use water may not be legally acknowledged in the future.

No. Many people file without legal help using the online Guide and File system. However, legal advice may be helpful for complex or shared water uses.

No. Adjudication is about confirming existing water rights. It doesn't replace or grant new permits.

Yes. Even seasonal or infrequent use should be documented to protect your access.

WRIA 1 is the water resource area for the Nooksack Basin. Use the interactive map on the DOE’s website to check if your property falls within it.

Possibly. Properties with documented and confirmed water rights may retain more value, especially in agricultural zones or areas with tight water availability.

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