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:

Meter Installations on the Lummi Peninsula

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.

The settlement requires water users report their use and annual chloride sampling analysis.

Small wells

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

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.

Annual reports

Chloride sampling

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.

Settlement agreement regarding uses of groundwater on Lummi Peninsula
Exhibit A — Legal description and map of case area
Exhibit B — List of signatory parties
Exhibit C — Parties currently withdrawing water from state allocation
Exhibit D — Well registrations from state allocation
Exhibit E — Groundwater applications pending before Department of Ecology
Exhibit F — Applications for groundwater use pending before Lummi Nation
Exhibit G — Uniform joint technical requirements with attachments
Exhibit H — Title 16 of Lummi code of laws: sewer and water district code
Exhibit I - Supplemental agreement

Nov. 20, 2007, signed order and judgment

Order conditionally approving settlement agreement
- Draft order and judgment - Exhibit A to order conditionally approving settlement agreement

Notice of filing final settlement agreement

Order denying petition for rehearing — An order from the 9th Circuit Court of Appeals denying the petition for a rehearing filed by the objectors to the settlement in U.S. and Lummi v. Ecology.
Circuit Court of Appeals’ unpublished memorandum decision — 9th Circuit Court of Appeals’ unpublished memorandum decision, affirming the District Court’s judgment approving the settlement agreement.

Contact information

Kelly Hamilton
Bellingham Field Office
Water Resources Specialist
kelly.hamilton@ecy.wa.gov
360-255-4385

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