The Washington Department of Ecology mailed 30,000 postcards to water users in and around Whatcom County ahead of a water rights lawsuit expected to be filed this year, according to a department news release.
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, such as Dakota Creek and Lake Whatcom — is a legal process to determine whether each water right is legal, how much water can be used and what its priority will be during shortages.
Ultimately, a judge will establish priority for each individual water right, including those held by farmers, municipalities, private well owners and tribes, as well as federal and state agencies. This will include groundwater and surface water, as well as instream flow rights.
“We don’t want anyone to be surprised or confused when they get a legal summons in the mail later this year,” said Robin McPherson, Ecology’s adjudications manager. “This is just one of the ways we are reaching out to get people information and resources to help them understand and engage in the adjudication process.”
The Department of Ecology is expected to file the lawsuit that kicks off the process with Whatcom County Superior Court possibly as early as this month. Users will then have a year to fill out and submit their claims form and an additional three years to provide supporting documentation.
The department stated that in addition to the cards, mailed on April 19, it is circulating monthly newsletters and hosting community meetings to ensure residents impacted by the process get the information they need.
“So far we’ve had more than 8,000 contacts in the community, but we’re still working to spread the word,” McPherson said. “We also have translation and accessibility options at every step. We have answered hundreds of inquiries through our phone and e-mail resource lines.”
Isaac Stone Simonelli is CDN’s enterprise/investigations reporter; reach him at isaacsimonelli@cascadiadaily.com; 360-922-3090 ext. 127.
