Water Rights Adjudication Update

Water Rights Adjudication Update

On May 1, 2024, the Washington State Department of Ecology (Ecology) filed a general adjudication with the Whatcom County Superior Court to address all surface and ground water rights within Water Resources Inventory Area 1 (WRIA 1). The goal of this adjudication is to resolve conflicts and competition over water resources, given the uncertainty surrounding legal water use. The adjudication process will establish who holds the right to use water, in what quantity, and in what order. For more general information about adjudication, you can visit the Ecology website or check out our firm’s previous blog posts on water law and water rights.

Summons Packet Distribution 

On March 17, 2025, Ecology began sending summons packets via certified mail through the U.S. Postal Service to all property owners in WRIA 1 who are within the area of a recorded water right or outside a public water system service area. The mailing is expected to arrive within 1 to 5 days. The packet contains essential documents, including:

• Summons
• Court claim form
• Detailed instructions

One delivery attempt will be made. Since a signature from an adult is required upon delivery, the summons packet cannot be left in a mailbox or on your doorstep. If you miss the certified mail, the packet will remain available at your local post office for approximately three weeks before being returned to Ecology. After this window, you will need to retrieve the packet from Ecology’s field office in Bellingham. Ecology plans to publish the names of individuals who fail to sign for their certified mail in a local newspaper.

Submission and Deadline 

All direct water users within WRIA 1, meaning those who do not receive water from a city or other public water supply systems but instead use water directly from surface or ground water, should follow the provided instructions and complete the court claim form. This includes those with permit-exempt wells.

Completed claim forms can be submitted online, in person at the Whatcom County Superior Court, or by mail to the Whatcom County Superior Court. Regardless of your preferred submission method, it is important to carefully review the information provided and ensure that your claim form is accurately completed and submitted as instructed by no later than May 1, 2026.

Participating in this adjudication process is essential to protect your water rights. For any specific concerns regarding your water rights or the adjudication process, it is recommended to consult an attorney experienced in water law.