The WRIA 1 (Nooksack) Water Adjudication
The Nooksack River Basin (Water Resource Inventory Area 1) encompasses much of Whatcom County. It supports a diverse range of users, including farmers, municipalities, tribes, businesses, individuals, and fish and wildlife, all of whom rely on the basin’s resources.
The water in Washington is owned by the public. Groups or individuals may have the right to use certain amounts of water through a certificate, permit, claim, or exemption. However, existing records in the Nooksack Basin do not reflect actual water use. Many water uses are not quantified.
Accordingly, the Washington State Department of Ecology has received funding for an adjudication of the water rights in the Nooksack Basin, which will take the form of a lawsuit filed in Whatcom County Superior Court in 2023. The objective of the adjudication is to determine and quantify existing water rights, resolve conflicts, and develop a sustainable water management plan. The process aims to provide a mechanism for allocating water resources among various stakeholders.
Toward that end, all water users will receive notice of the adjudication and be required to submit a claim documenting their historic water use. People who use water only as customers of a city or PUD will not need to file a claim. However, virtually everyone else will need to participate in the process, including permit-exempt well users, although the claim process for such users will likely be expedited.
Additional information on the process is available on the Department of Ecology’s website.
Nooksak Watershed (WRIA 1)
If you have any further questions, a land use attorney at Faber Fairchild McCurdy may be able to help.
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