Adjudication is a Superior Court process that legally determines whether a water right is valid, how much water can be used, and its priority during shortages. It prioritizes each individual water right according to Washington water law's “first-in-time, first-in-right” prior appropriation rule.
As the agency responsible for managing the state’s water resources, we have an important role in supporting the Superior Court’s process and decision-making in a water right adjudication.
Benefits of adjudication
Determining the validity, extent, and priority of water rights within a subbasin can be vital for:
- Community planning
- Protecting the water resource
- Protecting legal water users
- Supporting the transfer of water to new uses
- Preventing and resolving water conflicts
State adjudications may:
- Be as small as two water right holders (a limited adjudication).
- Be as large as all water rights in a large river basin (a general adjudication).
- Address surface water use, groundwater use, or both.
Currently, there is one active water right adjudication in Washington, and a second area where we are ready to begin when sufficient resources are available. Another 82 areas of the state have a completed adjudication. We have received petitions to adjudicate several other areas.
The Yakima River Basin surface water adjudication
The Yakima County Superior Court is currently finalizing the adjudication of surface water rights in the Yakima River Basin to resolve the rights of thousands of water users in an area with frequent water shortages. The basin includes large portions of Benton, Kittitas, and Yakima counties and a small piece of Klickitat County.
In the Yakima River Basin, the Yakama Nation holds the earliest water rights -— dating back to time immemorial. Most water rights in the basin were first established before 1905. Read more about the Ecology v Acquavella adjudication.
Preparing for the Spokane-area adjudication
The Spokane River and the Spokane Valley — Rathdrum Prairie Aquifer is shared between water users in Idaho and Washington. Adjudication of Spokane-area water rights is a high priority for the state. To streamline the process, we have completed significant preliminary work preparing for the formal adjudication process to begin.
After an adjudication
In Washington, the oldest water rights from a water source have priority over more recent rights to the same source. The transfer of older water rights to new uses through water banking provides reliable water supplies for future development in some areas where new water rights are no longer available.