Anyone in the Nooksack River system and surrounding areas who does not exclusively rely on water from a utility (like a city or water district) may participate in the adjudication process, including those with permit-exempt wells and Group A and Group B water systems.
Any water rights claims not filed and processed during the Nooksack adjudication will be lost, so active participation in the adjudication process is critical for all water rights holders in WRIA.
A water rights adjudication is a legal process designed to resolve conflicts over water use by determining who currently holds legal rights to water, the quantity they can use, and the priority order of those rights.
In Washington, water is considered a public resource and cannot be owned by individuals or groups. Instead, a person or group may be granted a water right to use a certain volume of water, for a defined purpose, in a specific place.
On May 1, 2024, the Washington Department of Ecology initiated a basin-wide adjudication for surface and groundwater rights within WRIA 1, which encompasses the Nooksack River system and surrounding areas, by filing with the Whatcom County Superior Court.
This adjudication will impact all water users in WRIA 1 who withdraw water from wells or divert it from surface sources, such as rivers or lakes. Anyone in WRIA 1 who does not exclusively rely on water from a utility (like a city or water district) must participate in the adjudication process, including those with permit-exempt wells and Group A and Group B water systems.
Deadline for claim form submission is expected to be May 1, 2026 or 1 year after summons is received, whichever is later.
DOE anticipates sending the summons and claim forms by certified mail to water users beginning in February of 2025
Court approved DOE’s revised claims forms and summons
Court held a hearing and requested that DOE revise the proposed claim form
DOE filed General Stream Adjudication in Whatcom County Superior Court (“Court”)
Carmichael Clark has a significant core group of attorneys knowledgeable and experienced with water rights and water resources law.
The firm has a strong record of success in achieving creative water solutions to meet to our client’s objectives in a cost effective manner.
From ground water to surface water, permitted to exempt wells, wholesale water transfers to foreign water transfers, we have helped municipalities serve constituents, farmers grow crops, and landowners build houses.
This site, page, blogs, and articles 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.
