Whatcom County Water Rights: Essential Guide for Property Owners (Spring 2025 Update)
The modern conveniences we are blessed to live with in 2025 America.
You flip a switch: Light!
You lift your phone: Internet!
You turn a handle: WATER!
We have it so good!
And yet, depending on your address in Whatcom County, and where your household water comes from, you and I may be about to get a packet in our mailbox that requries us to make a claim to continue using that water we've (probably) been taking for granted.
It's the WRIA 1 Nooksack Basin Water Adjudication -- and the official 30+ page packets requiring your action, if you live in the Nooksack Basin and use well or surface water -- were mailed out by the Dept. of Ecology on March 17, 2025.
In today's post, I'm going to share the basics you'll need to know -- or perhaps that you can forward to a friend who's on well / surface water -- to stay legal, file the claim on time, and help the powers that be navigate this 10-20 year (estimated) process.
Alright already, let's get wet!
Q: What's this adjudication thing?
A: Water rights adjudication is basically a massive legal audit of who actually owns the rights to use water in the Nooksack watershed (WRIA 1).
Right now, there is no official record of the tens of thousands of water users, and therefore no formal way of knowing who legally gets how much water, in what order, and under what conditions.
It wouldn't be a problem if water was an infinite resource, but it's not.
Farmers, cities, surface water users and well owners are all using water, but tribal rights, salmon habitat, and legal seniority haven’t been fully enforced.
Without adjudication, there’s no clear structure to manage shortages fairly.
The adjudication process will be complex and take years (actually decades), but in the end, it protects legal water rights, creates stability for property owners, and ensures there’s enough water left in the rivers for fish and future generations.
It’s long overdue, and whether we like it or not, it’s happening.
Q: Wait, isn't my water... mine?
A: In Washington State, surface and ground water is considered a public resource and is managed by the Department of Ecology.
By owning land, you are eligible to have a right to use the water (within limits), but you don't own it.
You can, however, own a water right.
Water rights are granted only for beneficial uses, like drinking water, irrigation, or industrial purposes.
If you don’t use the water beneficially, you can lose the right to use it.
Washington follows the "first in time, first in right" rule, meaning whoever got their water rights first has priority, especially in times of scarcity.
Q: How do I know if I'm involved?
A: There are two general requirements: First, if you own property with a well, use surface water, or hold a water right, you’ll be required to file a claim, prove your water usage, and follow the court’s final ruling.
Even if your well is “permit-exempt,” it still falls under this process.
There's no opting out -- it's a legal summons to participate in a judicial process.
The second requirement is based on where you live, which I'll address in the next question.
Q: Am I in or out of the Basin?
A: Not all of Whatcom County is in the Nooksack Basin.
This interactive map makes it really easy to enter your address in the upper left corner, to see if you're in or outside of the Basin.
If you're in the Nooksack Basin, and you're drawing from a well or using surface water, you're automatically part of the adjudication.
Q: What is meant by "surface water?"
A: Surface water is any water you can see and touch above ground:
Rivers, streams, lakes, ponds, and even seasonal runoff.
In WRIA 1, that mostly means the Nooksack River and its tributaries, plus lakes like Lake Whatcom.
If you’re pulling water from a river, creek, or lake -- whether by pump, irrigation, or any other setup -- you’re using surface water and legally need a water right.
Surfac water is tightly regulated because it affects fish, habitat, and everyone else downstream.
Q: What should I do when I get the packet?
A: When you get the packet, don't ignore it.
Remember, it’s a legal summons, which means you must respond.
Inside, you’ll find a summons from Whatcom County Superior Court, and instructions on how to file the claim.
There are lots of resources online to help guide you through it if you're confused.
This water use calculator will make it easy to closely-ish estimate your usage.
The filing deadline is over a year off: May 1, 2026 -- but why not just get it done this spring / summer?
Q: What information will I need to file my claim?
A: There will be clear instructions in the packet, but as a primer:
The basics like address and parcel number, of course.
You’ll then need to prove your water use with clear documentation.
That means showing what or where your water comes from, how much you use, and when you started using it.
If you have a well, well logs / reports, existing water right documents (certificates, permits, claims), or photos of records, and photos of water use infrastructure.
If you pull from a river or lake, you’ll need to describe how you draw or divert the water.
Usage history matters, so if you have any meter readings or statements confirming long-term use, those will be valuable too
Q: What happens if I don't file a claim?
A: If you don’t file a claim, the court will assume you don’t have a valid water right.
That means you could lose your ability to legally use water from your well or surface source.
It doesn’t matter if you’ve been using it for years -- if you don’t claim it, you risk forfeiting it.
The adjudication process will legally establish water rights, and only those who participate will have their rights recognized.
This isn’t optional.
If you get a summons, you must respond.
Q: Does the adjudication process mean I have to start paying for water?
A: No.
If you have a well, adjudication does not mean you suddenly start getting a water bill.
What it does mean is that your right to use that well will be officially documented and ranked in priority compared to others.
If you already pay for water through a public utility, you don’t need to file a claim because your provider holds the water rights.
Adjudication won’t change your cost, but it will determine whether your water use is protected or restricted in the future.
Q: How long will adjudication take?
A: A long time.
The Yakima Basin adjudication -- the only one completed in WA State -- took 40+ years.
The process for WRIA 1 is expected to take 10 to 20 years before a final ruling is issued.
That said, the deadline for filing your claim is much sooner: May 1, 2026.
Even though the process itself will take years, your participation happens early on.
The sooner you handle your filing, the less chance you’ll be scrambling at the last minute.
Q: How will adjudication affect property values?
A: It depends.
If your water use is properly documented and confirmed, adjudication could increase your property value by giving future buyers confidence that the home has a legally secure water source.
If your property relies on an unpermitted or junior water right, adjudication could make it harder to sell, especially if your water access is restricted in the future.
For buyers, knowing a property’s adjudicated water right status will be just as important as knowing its zoning, septic system, or flood risk.
Q: How will adjudication affect property values?
A: If your water use is legal and properly documented, no -- adjudication protects your right to keep using it.
If your use isn’t documented or if you’re using more than you have a legal right to, then you could face restrictions.
The whole point of adjudication is to determine who has the legal right to use water, in what order, and under what conditions.
If you want to keep using your water, file your claim and prove your use.
Q: What if my property is connected to shared well?
A: If you share a well with neighbors, you’ll need to coordinate with them to file a claim.
The adjudication process will determine the legal water right for the well, not for each individual household.
That means you and your well-sharing neighbors will need to file together or risk one person claiming the entire right.
If you don’t already have a recorded well-share agreement, now is the time to get one in writing.
Q: What if my well is "permit exempt?"
A: Even permit-exempt wells are included in adjudication.
A permit-exempt well just means you didn’t need a permit to drill it, not that it’s exempt from the law.
The adjudication process will determine whether your use is valid and how it ranks in priority compared to other water users.
If your well was drilled after 1985, it is considered a junior water right and could be more vulnerable to restrictions in the future.
That’s why it’s critical to file your claim -- without one, your well could be left unprotected.
Q: Where should I get more info?
A: The most comprehensive list of answers and info is probably on this Whatcom County web page.
It's got useful Q&A's, video links, class calendars and registration links (coming soon), plus additional resources.
As of this writing, the Dept. of Ecology's web pages dedicated to the adjudication were not working for me, but I trust they'll get up and running soon.
You can go as deep as you want, as there is a LOT of info out there and certainly more to come.
The main thing: Watch you mailbox these next few days and rip open that packet when you get it.
Don't be intimidated by the process.
If you get totally stuck, reach out to me and I'll help you out.
There's always something
I mean, right???
If we're not adjudicating our water usage...
Or protesting property tax assessments...
Or watching new zoning laws sweeping over the City limits....
Then we must be out doing something like training for Ski to Sea...
Or riding the world-class single track of Galbraith Mountain...
Or boating out to the San Juans!
Ahhh, the complexities of living in paradise.
It's not all sunshine and rainbows here in the fourth corner we call home.
But life sure is SWEET!
Reach out if I can help in any way, and I'll see you in a couple weeks or so.
:)
Brandon Nelson
360-319-0696 | Brandon@BrandonNelson.com
