Water users affect by the Nooksack adjudication have recieved post cards like this one, informing their claim form packets will be on the way soon.
In the latest step on the road to water rights adjudication in the Nooksack area, affected individuals have started receiving postcards in the mail telling them about a summons they’ll receive in the next few weeks.
On March 17, Ecology will send the summons packet as certified mail via the U.S. Postal Service to all affected water users in the Nooksack Water Resources Inventory Area (WRIA 1). Inside the 12” x 9” envelope, recipients will find more than 30 pages of essential documents including the summons, a court claim form and detailed instructions for filling it out.
- Because the packages are being sent using certified mail, they cannot be left in a mailbox or on a doorstep. An adult must sign for it upon delivery.
- The U.S. Postal Service will make one attempt to deliver to each addressee. If delivery cannot be completed, recipients should go to their local post office to pick up their packet. The post office wlll have the packets for about three weeks, and then return any unclaimed packets to Ecology.
- After about three weeks, recipients will need to pick up their packet at Ecology’s field office in Bellingham.
- Ecology will publish a list of people who didn’t sign for their certified mail in a local newspaper.
Water users can fill out the claim forms and submit them online. Or they can fill out the paper forms and either mail them or hand deliver them to the Whatcom County Superior Court. The deadline for submission is May 1, 2026.
What is adjudication
Adjudication is a legal process in Whatcom County Superior Court between the Department of Ecology and all local water users. This includes about 30,000 water users in Water Resources Inventory Area 1. WRIA 1 includes land surrounding the Nooksack River system. The Nooksack River mainstem is fed by the North, Middle, and South forks of the Nooksack River. WRIA 1 includes various other water bodies such as the Sumas River, Lake Whatcom and Dakota, Bertrand, and Chuckanut creeks.
This adjudication will include all areas of WRIA 1, regardless of whether they are directly connected to the Nooksack River system. The adjudication process requires water users to self-report their water use. The court will make a decision that lists water uses by priority date including where and how much water is legal on each parcel of land.
Why adjudication?
Ecology is responsible for managing the water resources of the state. This includes issuing permits for the right to use water and protecting instream resources for the benefit of the public. WRIA 1 provides critical habitat for endangered and threatened species, but it faces growing pressure from water users and uncertainty about legal water use.
Over the years, state and local leaders have worked hard to resolve disputes over WRIA 1 water. This has involved rulemaking, county growth management planning and enforcement. But years of work have failed to reach a full solution. In 2019, the Legislature funded an Ecology assessment of the statewide need for adjudication, and Ecology identified WRIA 1 as a top priority area. The Legislature has since provided funding for the adjudication to be filed.
Over time, the adjudication will make it easier for farmers and others to identify legal water rights to buy, sell, or lease through water banks. Once there is a court decree determining all the legal rights to use water, negotiating changes or mitigation will be easier. Right now, this information is very limited. Adjudication will create the first definitive inventory of WRIA 1 water rights for the future.
Help is available
Anyone who needs assistance with their claim forms can call 360-255-4406. After leaving a message, someone will return your call.
You can also e-mail our adjudications staff at WRadjudications@ecy.wa.gov.
More information is available on our Nooksack adjudication webpage.