On May 1, 2024, the Washington State Department of Ecology, a department responsible for the protection of Washington’s environment, filed an adjudication in the Superior Court of Whatcom County to determine the quantity and priority of water users within the watershed of the Nooksack river. This area encompasses almost all of Whatcom County and portions of Skagit County.

With an increasing number of water users and a trend of decreasing snowpack and water supply, the government seeks to quantify and limit the number of water claimants.

On March 17, 2025, a formal summons was mailed to all individuals, entities, municipalities, and tribes who draw water from a well or divert water from a stream or lake within the area. You do not have to live near the Nooksack River or a lake for this to apply to you, whether you have been served or not with a summons.

If you do not fall into an exception, you are required to submit a claim by May 1, 2026.This claim will describe your water use currently, as well as historically, and will need to detail your rights to draw water. This might be for you personally or related to your business. After claims are submitted, claimants will need to gather and submit evidence to support their claims.

Failure to submit a claim will result in losing your ability to assert your claim to use water as you have done previously or impact the market value of your land with a diminished water usage right. You should not delay in dealing with this.

The Water Law Attorneys at Whatcom Law Group are available to meet with you and discuss your water use, your claim, and to provide professional advice. Contact us immediately at: https://whatcomlaw.com/contact/