The Department of Ecology filed a water rights lawsuit in Whatcom County Superior Court Wednesday, May 1, that will impact thousands of individuals, tribal nations and nearly every industry in the region.
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.
“This legal process is a necessary step to resolve water management issues so that we can plan for future water supply needs of this growing region,” said Robin McPherson, Ecology’s adjudication manager.
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.
For Lummi Nation, this also means securing water rights for salmon habitat.
“The water adjudication is a key component to make sure we will have salmon for our future generations,” said Lisa Wilson, secretary of the Lummi Indian Business Council.
At this time, no action is required by water users, according to a statement from the Department of Ecology. In the coming months, people will receive a summons by certified mail with instructions for filing their claims.
Water users will then have a year to file their claim with the court and will have an additional three years to make any necessary amendments.
“Those who do not file their claims with the court risk losing their ability to legally use water,” according to the statement.
People and businesses that get their water from a utility, which includes most residents in Bellingham and other cities in the region, will not need to file a claim.
Judge David Freeman was assigned last week to oversee the process on an interim basis. After Gov. Jay Inslee appoints a new judge to the county later this year, Whatcom County Superior Court judges will make a permanent appointment of a water law judge.
“Judge Freeman has dedicated himself to developing an expertise in the area of water law,” Whatcom County Superior Court judges said in an April 26 statement.
“Whatcom County Superior Court recognizes the unprecedented size and complexity of the anticipated adjudication and is committed to ensuring a timely and orderly process,” the judges stated, noting that Freeman’s experience and skills are well-suited to accomplishing these goals.
The Department of Ecology mailed 30,000 postcards to water users in and around Whatcom County in April as part of their ongoing effort to prepare the public for the process.
“We don’t want anyone to be surprised or confused when they get a legal summons in the mail later this year,” McPherson said last month. “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.”
Whatcom Family Farmers, an agriculture advocacy group opposed to the adjudication process, has also been working to connect farmers and other concerned members of the public with water rights experts.
The group held a two-hour “Protecting Your Water: Understanding The Water Rights Lawsuit” event at the Northwest Washington Fairgrounds on March 27.
Water rights experts speaking at the event warned the audience of about 400 people that some of the information they were presenting was based on preliminary documents from the Department of Ecology and that more would be known in the days and weeks after the department filed the lawsuit.
Those wanting more information about the process can reach out to the department at:
• Website: ecology.wa.gov/nooksack-adjudication
• Phone line: 360-255-4406
• Email: WRadjudications@ecy.wa.gov
The department said that 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.
