Fact or fiction

Access to water is a big deal. When water is in the news - whether it's for drinking water in the home, irrigation, or some other purpose - people have questions. And sometimes they make up their own answers. This can cause stress and anxiety for water users who are doing their best to understand a complex process. Rumors fly. Misinformation spreads.

Many water users in Water Resources Inventory Area 1, also known as the Nooksack Watershed or WRIA1, are experiencing this right now as they try to make decisions about their role in the adjudication process.

We've heard the rumors: "They're going to turn off the water in my house," "Ecology is going to make everyone install meters on their wells," and (perhaps the most dangerous rumor of all) "Don't file your adjudication court claim form, even if Ecology says you should."

What is adjudication?

Adjudication is a legal process that requires water users to self-report their water use to the superior court. The court will make a decision that lists water uses by seniority. It does not involve criminal proceedings or penalties.

In 2019, the Washington state legislature funded an assessment of the statewide need for adjudication and identified Water Resources Inventory Area 1 as a top priority. As recommended in this report, the legislature provided funding for Ecology to file the adjudication. The legislature also provided funding for Whatcom County to assist water users in filing, and to the court for the extra court costs involved in adjudication.

In March of 2025, we sent summons via certified mail to all property owners in WRIA 1 who are within the area of a recorded water right or outside a public water system service area. Those who want to keep their legal access to water need to fill out a court claim form and send it to the Whatcom County Superior Court by May 1, 2026.

Eventually, the court will review the forms and inventory all legal water rights. The adjudication process will determine the nature and seniority of each water right. Then we will issue adjudicated certificates for these uses. The adjudication process is expected to take 10 to 20 years.

Myth #1: The water in my home will be shut off

While water scarcity and drought are challenges that affect everyone, the adjudication process will not shut off water in existing homes. Our agency is dedicated to ensuring no one loses the drinking water in their homes due to adjudication.

Myth #2: Ecology will require I meter my water use

Some people worry that Ecology is going to require them to install meters on their household wells. We hear this a lot, but we do not know where the rumor started or why it persists. We have no intention of requiring meters on permit-exempt domestic wells. Large uses, such as farms, are already required to have water meters installed. Otherwise, water users do not need a meter to complete their court claim forms. We have released an official publication, Adjudication and Your Home, to get the correct information out there.

Myth #3: I have a permit-exempt well, so I don't need to file a court claim form

It might be tempting to think your "small" household water use doesn't need to be part of this big, complicated process. But the law requires all water users within the mapped WRIA 1 area to self-report their water use so we can understand where current and past water use is occurring and how much is used.

Myth #4: I have livestock, but since it's a permit-exempt use, I don't need to file a court claim form or participate in the adjudication

If you use water for livestock in WRIA 1, you must include that use in your court claim form. The WRIA 1 adjudication process aims to inventory all types of water use including withdrawals or diversions for livestock. Please use Part C of the court claim form to describe the amount of drinking water for your stock animals. To assist with this, Whatcom County Public Works offers Water Use Calculators that can help you estimate livestock water use. If you grow crops for livestock consumption, Ecology will consider that water use under "irrigation".

Myth #5: It is better to wait and file later (or not file at all)

We've heard people wonder whether, if they just wait a little while, the adjudication might go away. It will not. Adjudication is funded and underway now. The map has been submitted, and court deadlines are in place. The deadline cannot move unless the court moves it. While you have one year from receipt to submit your court claim form, everything you need to file - including telephone and in-person assistance is available right now. As the deadline draws near, we expect more people to reach out for help and wait times will increase. We want you to have enough time to find resources and get your questions answered.