In May 2024, the Washington Department of Ecology filed a general adjudication of water rights in the Nooksack River basin — the first comprehensive water rights adjudication in Washington State in decades. The case will determine who has the legal right to use water in Water Resource Inventory Area 1 (WRIA 1), how much, and in what order of priority. It involves more than 30,000 water users across Whatcom and Skagit counties and is expected to take 10 to 20 years.
Most claimants are landowners, farms, and water utilities asserting the right to divert water — to pump it from a well or pull it from a stream. We're preparing a claim that asserts a fundamentally different kind of right: the right of the Nooksack River, its species, its ecosystems, and the public to use water where it naturally occurs.
Why We're in This Case
Washington's water law is built on the prior appropriation system: "first in time, first in right." When water runs short, newer rights are curtailed first. The minimum flows set aside for fish and ecosystems were adopted in 1985 and are treated as relatively junior rights. The structural result is that rivers, salmon, and ecosystems bear the full burden of water scarcity — while senior diversions operate without constraint.
Climate change is making this worse. Flows in the Nooksack are projected to decline significantly by mid-century. The existing instream flow rules are already failing during critical periods for salmon survival. The legal system that decides who gets water has no voice in it for the river itself.
We believe that needs to change. A general adjudication is a rare, once-in-a-generation event — and it's the right forum to ask whether rivers, species, and ecosystems have legally recognizable rights to the water they depend on.
What We're Preparing
Standing for Nature is providing pro bono legal representation on behalf of Standing for Washington, a nonprofit membership organization, and preparing a claim for filing in Whatcom County Superior Court asserting water rights on behalf of:
- The Nooksack River and its tributaries
- Endangered and threatened species — including Chinook salmon, steelhead, and bull trout
- Aquatic, avian, and botanical species that reside within the waters of WRIA 1
- Legacy forests — old-growth and mature forests that store water, regulate streamflow, and sustain the watershed
- The receiving marine waters — Bellingham Bay, Birch Bay, Drayton Harbor, and the Salish Sea
- The public — residents who depend on the waters of WRIA 1 for drinking water, recreation, fishing, and the health of the watershed
Our legal theory is grounded in existing Washington water law — including provisions the legislature has already enacted recognizing that retaining water in streams is a beneficial use. We'll be sharing more about the legal arguments as the case progresses.
Get Involved
Standing for Washington's members include residents of Whatcom and Skagit counties who use and depend on the waters of WRIA 1. If you live in the watershed, you can be part of this effort.
We're planning a series of public information events in Bellingham and the greater Whatcom County area over the coming year. These events will cover:
- What the adjudication means for you and your community
- What our claim is about and how it fits into the bigger picture
- How to join Standing for Washington and support this work
- How to file your own adjudication claim — including guidance on language you can use to assert your own interest in instream values and the health of the watershed
The filing deadline for all claimants has been extended to June 1, 2027. There is still time to file — and we want to help you understand your options.
We will share event details and additional materials as they are ready.
Official adjudication resources
For official claim forms, deadlines, court materials, and public filing guidance, start with these sources:
- Washington Department of Ecology: Nooksack adjudication
- Whatcom County: Water Adjudication Case Documents and Docket
- Whatcom County: Water Adjudication Guidance
- Whatcom County: Guide and File
Stay connected
This project is still taking shape. For now, the best ways to stay connected are to follow updates, explore our related work, and support the broader movement for stronger watershed protection in Washington.
