Whatcom and Skagit County Water Adjudication Information

Whatcom and Skagit County Water Adjudication Information

1. What Is a Water Rights Adjudication?

A water rights adjudication is a legal process through which courts determine who has the legal right to use water from a particular source (like a river, lake, or groundwater basin). It helps clarify who owns which water rights, how much they can use, for what purpose, and in what priority. This is critical in areas facing water shortages, competing claims, or ecological concerns (e.g., endangered salmon).

Skagit County has been involved in ongoing water rights issues, especially related to protecting salmon and tribal treaty rights, but has not yet started a full adjudication like Whatcom.

2. Whatcom County (Nooksack Basin) Water Rights Adjudication

Background

• Nooksack River Basin (WRIA 1): Covers most of Whatcom County.

• Longstanding disputes over water usage, especially between farmers (irrigation), municipalities, domestic wells, and tribal nations.

• Lummi Nation and Nooksack Indian Tribe have senior, federally reserved water rights that were never formally adjudicated under state law.

• Over the years, there’s been increasing conflict during summer months due to declining streamflows, affecting salmon recovery efforts and tribal fishing rights.

Why Adjudication Was Filed

• In 2022, the Washington State Department of Ecology officially filed a general adjudication in Whatcom County Superior Court to determine all legal claims to water rights in the Nooksack River basin.

• Purpose: Determine who has water rights, how much, and in what order of priority.

• Goals include:

  • Protecting tribal treaty rights

  • Ensuring adequate streamflow for fish habitat

  • Resolving long-term uncertainty for farmers, residents, and cities

  • Managing increasing water shortages tied to climate change

Current Status (as of 2024)

• Early legal proceedings underway in Whatcom County Superior Court.

• Thousands of potential claimants need to file their claims to be part of the process.

• Likely to be a multi-decade process given the number of competing interests.

• Ecology is providing outreach and education to help landowners understand how and when to file claims.

• Controversy exists, particularly among agricultural users fearing loss or reduction of their irrigation rights.

3. Skagit County Water Rights (Skagit River Basin)

Background

• Skagit River Basin (WRIA 3 & 4): Much of Skagit County, vital for salmon habitat and used by municipalities, farms, and tribes.

• Skagit Instream Flow Rule (2001): Ecology set minimum stream flows to protect fish populations. This meant that new water uses couldn’t impair those flows.

• Legal Conflict:

  • Skagit County, cities, and rural property owners challenged these restrictions, arguing they prevented rural landowners from drilling new wells.

  • Tribal Nations (Swinomish, Upper Skagit, Sauk-Suiattle, others) fought to uphold the instream flows to protect fish and their treaty rights.

• In 2013, the Washington Supreme Court ruled in Swinomish Indian Tribal Community v. Department of Ecology that Ecology could not make certain rule changes that allowed more water use at the expense of instream flows.

Why Skagit Was NOT (Yet) Fully Adjudicated

• Unlike Whatcom’s Nooksack Basin, the Skagit Basin has not yet gone through a full water rights adjudication.

• Instead, piecemeal legal battles over the years, with emphasis on protecting instream flows and tribal rights.

• Some experts and stakeholders have called for a future adjudication in Skagit to resolve all water claims clearly and comprehensively.

4. Key Stakeholders in Both Counties

• Tribal Nations: Assert senior federal water rights tied to treaty fishing rights.

• Farmers/Irrigators: Need certainty about their irrigation water, especially for dairy and berry farming.

• Rural Landowners: Concerned about well drilling restrictions for household use.

• Cities & Municipalities: Need stable water supplies for growth and development.

• Environmental Groups: Advocating for healthy salmon runs and climate resilience.

5. Why Does It Matter?

• Water scarcity is growing. Summers are getting hotter and drier.

• The legal priority system (prior appropriation) means older (senior) rights take precedence over newer (junior) rights.

• Many of us rely on wells, irrigation, or streams for our homes, farms, or businesses.

• Tribal rights are typically the oldest and often supersede non-tribal claims.

• Salmon and fish populations are struggling because rivers don’t have enough water during key parts of the year.

• This process will likely influence:

  • Water availability for farming and rural development

  • Land use planning

  • Economic impacts on agriculture

  • Salmon recovery and ecosystem health

6. Resources for Residents and Landowners

• Washington State Department of Ecology - WRIA 1 Adjudication Page: ecology.wa.gov

• Whatcom County Superior Court: Filing requirements and deadlines for claims.

• Local Conservation Districts & Resource Centers: Providing assistance to farmers and homeowners in navigating the process.

• Legal Aid and Tribal Resources: For those involved in or impacted by adjudication decisions.

7. What Do I Need to Do?

• If you own property in Whatcom County and use surface water or wells, you may need to file a claim in the adjudication process to protect your water use.
• The Department of Ecology will provide notice and instructions on how to file a water rights claim.
• Skagit County residents: No adjudication has been started yet, but it may happen in the future. Current legal efforts are mostly focused on protecting stream flows and salmon habitat.

For current updates on the adjutication process, you can access it here: Water Adjudication updates