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.
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 1.
Completing a water rights adjudication can take decades due to its complex legal proceedings and the number of parties involved, but if you do not participate you forfeit your rights.
If you have questions or concerns about your water right(s) or the adjudication process, a lawyer experienced in water law can help.
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