What’s the Problem?

The Nooksack River Basin is facing a serious and growing challenge: most people and businesses who use water have not yet filed paperwork to participate in a court process meant to legally confirm their water rights. This process, called “water rights adjudication,” is required under Washington law and will be used to determine who can legally use water in the Nooksack Basin, how much they can use, and whose rights come first when water is scarce. 

Because only a small fraction of the estimated 15,000–20,000 water users have filed so far, many families, farmers, and businesses risk losing their ability to legally guarantee their water use in the future. This creates not only uncertainty and fear, but also potential conflict across the basin, especially during droughts or disputes.

What's Causing the Problem

The low participation rate is not due to bad faith or opposition. The process is complex, unfamiliar, and intimidating for many people who have never dealt with either courts or water law. The paperwork is technical, deadlines are strict, and legal help can be costly and/or hard to find. Outreach and assistance programs exist, but they are underfunded and overwhelmed by demand. As a result, many water users are confused about whether the process applies to them. Or, they assume they can deal with it later, not realizing that failing to file may weaken or even eliminate the ability to claim their legal water right.

Recommended Solutions

The solution is not to stop adjudication, which is legally required and ultimately protects valid water rights. The solution is to improve the way it is carried out. Clearer communication, more funding for local assistance, expanded legal and technical help, and realistic timelines would allow people to participate without confusion or panic. Completing adjudication now will reduce future lawsuits, protect senior rights, and prevent false expectations about the availability of water. Further, it will make long-term decisions about water supply, flooding, and salmon recovery legally possible and fair for everyone.

For further information on how to sign up to be part of the adjudication process, click on the Related File below.  (Document is in Spanish and English and is fillable)