Saturday Morning Live Covers some of the Questions involved in being served by the Department of Ecology concerning water rights…
The Fourth Corner Version of Saturday Morning Live covers the issue with Perry Eskridge who works with the Building Industry Association and the  Realtors in Whatcom County.

The Podcast of the show is here…

Over 40,000 households have been “served” and will have to go to court for a state mandated adjudication as to how much water they have a right to…

From Be Brave:
What in the world is Water Adjudication and how do we know what to do with the papers served to us? A lot of people in Whatcom County are concerned about the Water Adjudication process and rightfully so. Many of us were served papers requiring us to document how much water we have used and currently use on our land. What is a Water Right and how do we navigate this process?
There have been some important conversations around this including the concerns on how this will impact local food farmers. The Cost of Food is already increasing. How much will this water adjudication destabilize local food farmers? And can Whatcom County withstand ANOTHER hit on our resources at a time when so many families are still struggling to recover from the financial problems caused during lockdowns?
Water Rights really aren’t about ownership. It operates more like a lease with lots of terms that could disqualify you from having access to water. The Water Talk below will help shed some light on Water Rights.  Bob Carmichael shares helpful information and feedback on how you can move forward. He encourages anyone needing legal counsel to seek it out, especially if you have issues tracking how much water your property has used over the years.
Some of the points mentioned:
  • Who gets first priority to the water?
  • What are the limitations on water use including place of use, purpose of use, etc.
  • Maximum allowable use
  • Priority date based on first initial use
  • Prior appropriation of water takes precedence
  • Exempt Wells (Priority Date influences)
  • Tribal Rights, based on 1855 Treaty
  • Court Adjudication was filed May 2024
Here is another video that discusses more points of view on Water Adjudication. This conversation points to concerns about the affects of Water Adjudication on Farmers.
https://m.youtube.com/watch?v=PzJtfRiq-Bk As you can see, the more you know, the better you can navigate your own personal situation.
The deadline to file the paperwork is May 1st, 2026. The Department of Ecology has served several thousand people so far. It is recommended that you fill it out so you don’t lose all water rights. But its also important to take the time to discover and document your personal water use and the water used on your property, including dates of land transfer, etc. You have until May 1, 2026 to submit your findings.  This is a complicated issue and one that will take years to resolve. Once you file, you have three years to prove Water usage. The Department of Ecology then evaluates claims and presents them to the court.
The more information we have for Whatcom residents, the better. Please let us know if you have more to share that can help folks navigate this challenging situation. And thank you to all who are shedding light on this issue so we know how to proceed wisely. As a long-time plant propagator and small-farm enthusiast, the ability or limitation to access water will change the landscape of my family’s food security. What are your thoughts? How will this process affect you and your family? Let us know!
~ Misty Flowers,
Be Brave WA