In Washington, waters of the state belong to the public and are never permanently owned by any one individual or group. Water right holders do hold the legal right to use water, from a set source, for a particular purpose, in a specific location.
This “use right” usually stays with the property when it is bought and sold, but it is subject to legal limitations. Additionally, Tribes and the Federal Government may claim a senior right to water in some areas.
Adjudication is a legal process. The process does not involve any claims for damages, but instead affirms current water rights. It is the foundation for resolving conflicts and competition over water resources by establishing who has the right to use water, in what quantity, and in what order of seniority.
In adjudication, the local court will review all water uses in an area to ensure they are being used legally. The process begins by serving a summons to all property owners outside the service area of public water supply systems.
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.
Due to the changing climate, our region is experiencing warmer temperatures and drier summer conditions compared to historical norms. Snow that used to regularly build our mountain snowpack for spring melts now falls as rain in the winter. Much of the area's streams and rivers are dependent on melting snow in the late spring and summer months when the water demand is the highest. Unfortunately, the snow that used to provide natural water storage is no longer reliable.
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 has 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. As recommended in this report, 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. Additionally, the adjudication is expected to protect streamflows by clarifying legal stream protections and quantifying the legal quantity, place, and season of uses of valid water rights and vested claims. Right now, this information is very limited. Adjudication will create the first definitive inventory of WRIA 1 water rights for the future.
Ultimately, adjudication will enable reliable water management and provide predictability and consistency that will serve the local economy, communities and environment.
A water right is the legal authorization to use a quantity of water for beneficial uses, subject to the specific terms and conditions of the right. Water right documents can take many forms, such as registry claims, permits or certificates. Sources of water rights include Surface Water (diverting water directly from a river, stream, lake, or spring) and Groundwater (pumping water from a well).
There are three main kinds of water right documents:
- (Statement of) Claim – A form filed with Ecology between 1967 and 1998 claiming the use of water before the water code. This kind of claim may legalize continuous historic water use. In adjudication, the superior court will determine the validity of these old registry claims.
- Permit – Permits are permission from Ecology to develop a water right. Under a permit, the permit holder may construct the water system and may put the water to beneficial use. A permit can be a valid water right if the water listed has been legally used over time.
- Certificate – The water right certificate is the official legal record of the water right that shows past beneficial use of water. The water use shown on the certificate is valid if the water has been continuously used over time. Once issued, the water right is attached to the land on which the water is used unless and until it is intentionally severed from the property.
Do you have a water right?
Now’s a good time to check your records to see if you have any of these documents in order to prepare for filing. The fastest and easiest way to get your water right information is to call or email us.
Leave a message at 360-255-4406 or email WRadjudications@ecy.wa.gov.
Make sure to include your name, address of your water usage, and an email or phone number for us to contact you. You can also use the Water Rights Search database.
A water meter is the most accurate way to know how much water you use. Ecology requires meters for many water right holders, but not all of them. If you have a water right document, you should read it carefully to see whether you are required to meter your use. If you are not required to have a water meter, you do not need a meter to measure your use to complete the court claim form.
Metering information can be found by following this link:
Additional help with estimating use is available at:
New permit-exempt wells can be drilled in accordance with Ecology’s well drilling requirements and the existing permit-exempt well limitations. For specific requirements, refer to the following documents:
- Focus on: The Groundwater Permit Exemption
- WRIA 1 Nooksack Watershed Water Availability
- Well Drilling Requirements
For most larger uses or surface water uses, a water right permit is required. New permits may be difficult to obtain in most areas of WRIA 1.
Keep in mind that, when it comes to outdoor watering, currently legal does not mean guaranteed forever, especially in times of water shortage.
