This site will serve as an information hub for Nooksack realtors throughout the adjudication process. Stay tuned - information will be posted here as updates become available.
For media inquiries please email Water Resources Communications Manager, Scarlet Tang, at scarlet.tang@ecy.wa.gov or contact her directly at (c) 206-920-2600.
Water Resources Adjudication manager Robin McPherson explains the Nooksack water right adjudication to a group of Whatcom County realtors.
When it comes to water rights, buyers of homes and farmland can find out whether the current use appears to be legal under a permit-exemption or water right document. If the current use does not appear to be legally supported, it may not be able to continue in the future. Even where current use is legal, currently legal does not mean guaranteed forever – especially in times of drought or other water shortage.
We recommend that buyers carefully review available permit exemptions Focus on: The Groundwater Permit Exemption and Nooksack Watershed Water Availability to see whether water is available for a new use on that land. New residential development is generally allowed on individual wells up to 500 gpd indoors and with a 1/12-acre outdoor watering restriction.
After the court claim process begins later this year, buyers can find out whether a court claim has yet been filed on the property in question. If no claim has yet been filed, they may be able to work with the seller to assure that a court claim will be filed, or that the buyer has necessary information to file a court claim themselves after purchase.
Real estate professionals should be mindful of all applicable legal and professional requirements when advising property buyers.
Frequently Asked Questions
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.
Adjudication will begin this spring and 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
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.
