The Whatcom County Superior Court ordered the creation of a steering committee to assist in managing the water rights lawsuit for the Nooksack Basin, which is expected to impact up to 30,000 people.
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 essential for salmon habitat.
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 — will determine whether each water right is legal, how much water can be used and what its priority will be during shortages.
The committee will consist of up to 12 people, including representatives from the Department of Ecology, cities, tribes, the federal government, agricultural interest and water districts, as well as attorneys representing individuals and unrepresented claimants. The committee is expected to serve two primary purposes: provide the court with recommendations for procedures, rules and forms, as well as facilitate efficient and orderly proceedings.
“There’s a wealth of information and knowledge within practitioners that have been doing this for a very long time,” said Judge David Freeman, the Superior Court judge who is presiding over the adjudication. “There is a desire to provide information to the court, and I do believe the sooner that we can provide an outlet for that, the better.”
Freeman signed the court order to create the steering committee on June 26 at the first court hearing on the adjudication since the lawsuit was filed by the Department of Ecology on May 1.
Anyone interested in being a member of the steering committee must submit a letter of interest to the court. The letters must be filed with the Superior Court Clerk and should establish the individual’s anticipated role in the litigation. Freeman told the court that he would like to establish the committee “as soon as practical.”
Those selected by the court as part of the committee will serve two-year, renewable terms and should anticipate six to eight hours of work per month.
During the proceedings, the Department of Ecology also agreed to file the summons, including the adjudication claim form, by Aug. 30, for the court’s approval. A date was not set for when the court would make a ruling on the summons and claim form.
While noting the importance of providing parties a road map of how the court will proceed, especially during the initial stages, Freeman declined to do so at the hearing. He explained that before doing so he wanted to ensure there was consistency between the language used by the court and that used by the Department of Ecology in its summons and claim form.
“I understand that a lot of people want to be heard right now,” Freeman said. “This affects essentially every member of our community in Whatcom County.”
Nonetheless, Freeman asked that all parties practice patience during the process.
“All good things arrive unto them that wait and don’t die in the meantime,” Freeman said, quoting Mark Twain. He noted that for the last two years, he has been preparing for the potential adjudication, unsure of when — or even if — the lawsuit would be filed.
Those wanting more information about the adjudication process can reach the Department of Ecology at: ecology.wa.gov/nooksack-adjudication, 360-255-4406, or WRadjudications@ecy.wa.gov.
The department said in-person assistance will be available later this year.
Isaac Stone Simonelli is CDN’s enterprise/investigations reporter; reach him at isaacsimonelli@cascadiadaily.com; 360-922-3090 ext. 127.
