Lummi Peninsula groundwater settlement agreement
A 2009 settlement between the United States, Lummi Nation, Ecology and landowners guides groundwater use on the Lummi Peninsula.
The agreement resulted from a federal court case, United States, Lummi Nation v. Ecology, et. al. It includes a description of water user responsibilities, water use limitations, metering, and chloride sampling requirements.
Not all properties within the area are approved to drill a well or connect to an existing well. Please contact us if you have questions on the status of legal water availability on your property.
See Exhibit A for a legal description and a map of the case area.
All new wells or new connections to existing wells must have a meter installed prior to any beneficial use of water. Each homeowner must install their own meter on the water line serving only their residence.
There are specific requirements regarding the type of meter you install and how you need to install it:
The settlement agreement requires all state water users to sample their well water for chloride. This publication provides information on who, where, why, when, and how the chloride sampling is to occur:
- Frequently asked questions – chloride testing for wells under the Lummi Peninsula settlement agreement
Chloride monitoring visits
As a part of Section V.H.3 of the Lummi Peninsula settlement agreement, we and the Lummi Nation annually conduct monitoring visits (“spot checks”) of all state- and Lummi-regulated wells in the case area. At a minimum, all supply wells and 10 percent of all small wells are spot checked. Monitoring visits include either observing the state water user perform their chloride sampling or having us and/or the Lummi Nation collect a chloride sample.
Small wells includes all wells, regardless of size, developed or used to withdraw one to three allocations of 0.39 acre-feet per year from our allocation under the settlement agreement.
- Lummi Peninsula annual small well report form — Annual well reports are due to us each year by Nov. 1. Remember that chloride sampling is required each August. You must include a copy of your chloride analysis report with your annual well report.
Supply wells include all wells developed or used to withdraw four or more allocations of 0.39 acre-feet per year from our allocation under the settlement agreement.
- Supply well annual well report form — Annual well reports are due to us each year by Nov. 1. Remember that chloride sampling is required each August. You must include a copy of your chloride analysis report with your annual well report.
- Chloride sampling results for 2019
- Chloride sampling results for 2018
- Chloride sampling results for 2017
- Chloride sampling results for 2016
Federal water master's annual reports
The settlement agreement requires the federal water master to issue an annual report of the activities of the Federal Water Master’s Office. Each report summarizes requests for action, decisions or orders issued, and enforcement actions taken during the fiscal year.
Settlement and legal documents
All aspects of the agreement are now in effect. Below are key documents related to the settlement agreement:
On Nov. 20, 2007, Judge Zilly signed and filed the order and judgment in this case. The judge approved the settlement agreement as it was filed on Nov. 13, 2007, with amendments required by the court.