Water Rights Adjudication
What is a water rights adjudication?
A water rights adjudication is a legal process that is initiated by the Department of Ecology and processed in Superior Court. General water adjudications are complex, civil legal proceedings that can span a long period of time. The adjudication is the process under existing law to prioritize water rights and result in a final, comprehensive inventory rights to use water in the adjudicated area.
Are there any active general water adjudications
in Washington State?
Yes, the Department of Ecology filed a Statement of Facts, a plan, and a map of the locality under investigation in support of a water adjudication of the Water Resources Inventory Area (Nooksack) on May 1, 2024. This is the first step in starting a water adjudication under RCW 90.03.110.
You can find a copy of the Statement of Facts and exhibits that were filed at Whatcom County Superior Court on May 1, 2024 at the Ecology website: Department of Ecology - Committees, Boards, and Workgroups (wa.gov)
What happens after the Department of Ecology's filing of the Statement of Facts?
Whatcom County Superior Court will review the Statement of Facts, the proposed order directing summons, and the proposed summons. The court will reject or direct the summons. A hearing may be set for this or other issues that are filed. Once the summons of approve, the Department of Ecology will mail summons to all potential claimants and claimants will be required to file a claim with the Superior Court clerk within 1 year of the issuance of summons.
What are the courts doing to prepare?
The Administrative Office of the Courts (AOC) has been working with Whatcom Superior Court to prepare for the anticipated Nooksack Basin water adjudication. Funding for eFiling, water adjudication staff, and additional facilities have been requested on behalf of the court. Some budget requests have been funded by the legislature and some are still pending. The court is currently studying pretrial orders from the Acquavella pursuant to RCW 90.03.160(3), is participating in work related to establish an eFiling system, and has adopted an emergency local court rule to accept such claims electronically once the eFiling system is operational per RCW 90.03.140(2). The court has also asked AOC to assist them in gathering feedback related to procedural and administrative processes of the Nooksack WRIA 1 water adjudication.
How is AOC gathering feedback on water adjudication
procedures for Whatcom County Superior Court?
First, AOC is co-sponsoring a Whatcom County Water Adjudication Advisory Committee with the Whatcom County Bar Association, Meeting materials and meeting summaries can be found below.
Second, in lieu of a statewide forum, AOC is supporting Whatcom County Superior Court by suggesting viable case management committee options for the court's consideration.
How can I submit feedback on the court's water adjudication procedures to the court prior to the case being filed?
Send your feedback and comments on procedural and administrative processes to WaterinWACourts@courts.wa.gov. Information will be compiled and transmitted to the court as appropriate or, the commenter will be re-directed to another department or agency if appropriate. Do not send court documents related to the water adjudication or any other court case to this address.
Whatcom County Bar Association Adjudication
Advisory Committee Meeting Summaries
