A group of Sumas residents, organizing as Sumas Out, are advocating to be exempted from the water rights lawsuit for Water Resource Inventory Area 1 (WRIA-1) filed by the Department of Ecology on May 1.
The adjudication lawsuit, which covers the entire Nooksack Basin, as well as Sumas, Lake Whatcom, TenMile Creek, 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.
“Our water all flows to the Fraser River in Canada,” said Jerry DeBruin, local farmer and member of Sumas Out. “We should not be required to go through the significant legal expenses of an adjudication for an issue that has nothing to do with us.”
The process is expected to impact more than 30,000 people as the court reviews all water rights, including those held by farmers, local governments, private well owners and tribes, as well as federal and state agencies.
Water rights attorney Tom Pors, who is working with Sumas Out, said he is waiting to file the group’s motion until after Whatcom County Superior Court approves the Department of Ecology’s summons and claim form.
“It’ll probably be a couple of months from now before the court will allow motions like this to be filed,” Pors said.
He explained that he understood the need for the adjudication of the Nooksack River in response to calls from the Lummi Nation and Nooksack Indian Tribe to clarify tribal rights with regard to water resources. However, he said that the issue did not extend to the Sumas basin, which drains into the Sumas River, ultimately crossing the border into Canada to join the Fraser River.
“Tributaries to the Fraser River like the Sumas basin should not be dragged into this lawsuit just for the convenience of the state,” Pors said. “It raises complications with transborder treaties and the court will have no jurisdiction over Canadian claimants to the Sumas River.”
A map of the adjudication area filed by Ecology lists the Sumas area as one of 10 sub-basins within WRIA-1. These include certain parts of Skagit County, but not the southernmost areas of Whatcom County that are not connected to the drainages.
“Even though not all areas of WRIA 1 are connected to the Nooksack River system, this area makes up the lands identified by Lummi Nation and Nooksack Tribe as subject to their water claims,” Robin McPherson, Ecology’s adjudication manager, told Cascadia Daily News.
“Resolving all tribal water claims is crucial to fair and secure water management for future generations,” she added.
Sumas Out voiced its concerns about the burden water users will face to prove they have a water right, as well as usage.
“Many of these water rights date back 70-100 years, creating a significant challenge for water rights holders to find the original documents and prove said usage,” a news release from the group states.
Whatcom County Public Works is set to host an adjudication presentation to help residential well users prepare for the process. The event at Pioneer Pavilion in Ferndale starts at 5:30 p.m. Monday, Sept. 23. Residents are encouraged to register ahead of time for the event.
Isaac Stone Simonelli is CDN’s enterprise/investigations reporter; reach him at isaacsimonelli@cascadiadaily.com; 360-922-3090 ext. 127.
