Frequently asked questions (FAQs)

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:

1. (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.
2. 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.
3. 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.

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.

The answer is, yes. All water users who use groundwater (by pumping water from a well) are required to participate in adjudication. If you have a permit-exempt well, you must file a court claim to secure a legal right to use that water.

Permit-exempt wells are entitled to a water right “equal to that established by permit.” Most water use, whether permitted, permit-exempt or otherwise, is subject to relinquishment for more than five years of continuous nonuse after 1967 (See Water Right Relinquishment.)

For any well use, it is important to participate in the adjudication process to avoid any legal issues. To protect your water right or source, you need to file a court claim to be on the adjudication decree and receive an adjudicated certificate.

To protect your water use from future relinquishment, consider Ecology’s Temporary Trust Donation Program (link).

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.

To verify and retain their legal right to use water in the future, water users must file a court claim. Without a court claim, a water use will not be listed on the adjudication decree or receive an adjudicated water right certificates.

Adjudicated certificates will be recorded on property title, to confirm the legal use of water. If water users fail to register by submitting a court claim, they could eventually be at risk of enforcement for unlawful water use.

If your clients are interested in purchasing a home on a well or shared well in the WRIA 1 (Nooksack) watershed, we recommend that they be aware of the adjudication process. The adjudication process will determine the legality of water rights for all water rights in the watershed, including permit-exempt wells.

When adjudication begins, all water users not connected to a public or water system with a water right will be served a summons. The summons requires them to fill out a court claim form about their water use.

If your client’s own property on a well or with a water right associated with the property, they will be served a summons and should file a court claim. If they buy property after the summons has been served, they will need to know whether the seller has filed a court claim. 

Permit-exempt wells are entitled to a water right “equal to that established by permit.” Most water use, whether permitted, permit-exempt or otherwise, is subject to relinquishment for more than five years of continuous nonuse after 1967. See Water Right Relinquishment.  

For any well use, it is important to participate in the adjudication process to avoid any legal issues. To protect your water right or source, you need to file a court claim to be on the adjudication decree and receive an adjudicated certificate 

New permit-exempt wells may be drilled according to the current permit-exempt well limitations Sheet Focus on: The Groundwater Permit Exemption which has specific requirements in WRIA 1 described in the Nooksack Watershed Water Availability focus sheet. 

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. 

New wells must be drilled according to Ecology’s well drilling requirements.  

Keep in mind that, when it comes to outdoor watering, currently legal does not mean guaranteed forever, especially in times of water shortage. 

Group A and Group B water associations, including cities, special purpose districts and private systems, need to participate in the adjudication by filing a court claim.

• If the Group has documented water right(s), they will need to list these on their court claim form(s).
• Where multiple homes operate under a single water right such as Group A or B group water system, a representative of the water system should receive a summons by certified mail.  A representative of the water system may complete the form on behalf of the group. In smaller groups, it may be possible for all members to sign a form together as co-claimants.  
• Where single homes share a well, each home may be able to file a separate claim form listing the shared well as the water source. More information will be available in the filing instructions. 

Like all court claims in adjudication, Ecology will review the historic legal water use and the court will make a final decision. The Group system will then be entitled to an adjudicated certificate. 

To verify and retain their legal right to use water in the future, water users must file a court claim. Without a court claim, a water use will not be listed on the adjudication decree or receive an adjudicated water right certificates.

Adjudicated certificates will be recorded on property title, to confirm the legal use of water. If water users fail to register by submitting a court claim, they could eventually be at risk of enforcement for unlawful water use. 

The adjudication process will be designed to allow water users to file their claims without the assistance of attorneys. However, if your client has a large operation or complex legal questions, they may benefit from legal advice. No legal action is required before the claims filing deadline, which will be at least a year after summons by certified mail. 

Ecology will not file a lis pendens when the adjudication lawsuit is filed in the Spring.

Everyone who isn’t connected to a public water supply system needs to file an adjudication court claim form for their water use. That includes water users with homes on a well.