Water rights in Whatcom County are becoming increasingly important to understand and act on as the Department of Ecology issued a notice of a water adjudication May 1, 2024. Water Adjudication is a legal process to quantify and prioritize water use, giving highest priority to the oldest and continuous water user. And while it may take between 10 – 20 year for the final decree, this will have a potentially huge impact on developments and existing assets that rely on private water sources such as wells. The areas affected are the watersheds of the Nooksack River, Bellingham Bay, Birch Bay, Chuckanut, Drayton Harbor, Lake Whatcom, Lummi Bay, Point Roberts, and Sumas River.
The water adjudication affects anyone or any group who draws water from one of these aforementioned bodies of water. If there were a water shortage in the future, those property owners with junior water rights and are deemed less of a priority could be required to curtail their water usage. Therefore it will be imperative to establish historic and continuous reliance on water.
Beginning in early 2025, the Department of Ecology will notify water users that are affected by the adjudication via mail. All water users notified will then need to file an adjudication claim that explains their water use within one year. They will then have three years to submit evidence to support their claims.
More information and updates can be found on the Department of Ecology’s website: https://ecology.wa.gov/Water-Shorelines/Water-supply/Water-rights/Adjudications/Nooksack