Whatcom County Superior Court has approved the claim forms for a water rights lawsuit expected to impact up to 30,000 people in the region.
Judge David Freeman authorized the state Department of Ecology, which filed the lawsuit in May, to mail summons with the court claim forms to all affected water users.
“We’re estimating this will happen sometime in February,” said Jimmy Norris, a communications specialist at the Washington State Department of Ecology.
Freeman is giving water users until May 1, 2026, to fill out and return the claim form.
Residential well users who use less than 500 gallons of water a day and irrigate less than half an acre of land will be able to fill out a truncated section of the form. Those with higher water use will be required to provide additional documentation.
“It’s important that court claims forms are submitted accurately so that we do not have large unaccounted impacts to the aquifers and streams,” said Robin McPherson, Ecology’s adjudication manager. “If water users fill out a form inaccurately, Ecology or the court might follow up for more information.”
The adjudication lawsuit of Water Resource Inventory Area 1 — which covers the entire Nooksack Basin, as well as Lake Whatcom, TenMile Creek, Sumas, Point Roberts, Lummi Island and other watersheds — will determine whether each water right is legal, how much water can be used and what its priority will be during shortages.
The complex litigation process will establish priority for each individual water right, including those held by farmers, local governments, private well owners and tribes, as well as federal and state agencies. This will include groundwater, surface water and instream flow rights, which are seen as essential for salmon habitat.
“If users fill out no form at all, they risk being left out entirely in the future,” McPherson explained.
Whatcom County and Department of Ecology Resources
Those wanting more information about the process can reach out to the department at:
- Website: ecology.wa.gov/nooksack-adjudication
- Phone: 360-255-4406
- Email: WRadjudications@ecy.wa.gov
Whatcom County is also providing resources to community members navigating the complicated process:
- Website: whatcomcounty.us/4282/WRIA-1-Water-Rights-Adjudication-Resourc
- Phone: 360-778-6314
- Email: WRA-PublicWorks@whatcomcounty.us
Isaac Stone Simonelli is CDN’s enterprise/investigations reporter; reach him at isaacsimonelli@cascadiadaily.com; 360-922-3090 ext. 127.
