In Fall 2020, after decades of unresolved conflict, Washington State made a decision to initiate a “general adjudication” on a key Northwest Washington watershed – the Nooksack basin in Whatcom and Skagit Counties. This means that thousands of water right users will be formally evaluated. What does this mean? In a word certainty. Certainty for the State of Washington, Tribal governments, and the water users themselves. Why is this happening now? It’s the most common water story in the West – there’s just not enough water to go around.
The Nooksack watershed is one of two areas (WRIA 58, including Lake Roosevelt, was the other one) recommended for adjudication.
Adjudication – What is it?
An adjudication is a binding court Decree by the state whose end result is a comprehensive inventory of valid water rights. Put in simple terms it means that an Adjudication Court, with support from the Washington State Department of Ecology (Ecology), will methodically review all water uses in the watershed and confirm each water right has ‘valid’ water uses.
Why Now: What’s happening in Northwest Washington?
More rural development. Unquantified Tribal water rights. More water needs for agriculture in a growing part of the Pacific Northwest. Keeping water in the stream for fish. These competing demands often emerge as ‘whose water is this?’ battles in water rights. In Skagit and Whatcom counties, the adjudication is looking to bring certainty; however, there’s a lot of differing opinions on how to get there.
The Second Biggest Adjudication in Washington State History
Washington State is a ‘first in time first in right’ state for water law. Another way of saying it is if you were there first in using water, you are at the head of the line. That line can extend over a century in Washington state, and over generations if the water right passes on via property transfers. The Nooksack adjudication is potentially very big in scale.
The biggest one was in Yakima, and that took over 40 years to resolve including six Supreme Court cases. The schedule for the Nooksack will hopefully be more compressed, and Ecology plans to try out several time-saving shortcuts to make the process more streamlined.
Here to help as the State’s Preeminent Water Rights Firm
Aspect has consulted on literally thousands of water rights in Washington state in the last 10 years. We have also been involved in Nooksack water resources for more than a decade, including helping to lead the most recent watershed planning in 2021. We are looking forward to working with Nooksack water users.
Learn more here: www.nooksackadjudication.com