State Ecology says water adjudication will require some property owners to file forms but "won't affect most" Point Roberts water customers

Sheila Coughlin, an engagement planner with the Washington State Department of Ecology, and Robin McPherson, Ecology djudications manager, told the Point Roberts Community Advisory Committee on Nov. 21 that Ecology has filed a WRIA 1 general stream adjudication in Whatcom County Superior Court and will send certified mail to property owners identified as defendants.

"Adjudication will not affect most people in Point Roberts, and that is because it does not directly impact water service customers unless they have their own separate well or service water diversion," McPherson said, advising residents to watch for certified mail and to contact Ecology or Whatcom County for help. She said Ecology filed the adjudication on 05/01/2024 and is preparing to send court claim forms to affected rural property owners countywide.

Why the process matters: Ecology described adjudication as a court‑supervised inventory and determination of water rights under Washington's prior‑appropriation system ("first in time, first in right"). McPherson said adjudication clarifies who has a legal right to use surface and groundwater, helps resolve competing claims including tribal and federal claims, and creates a record the state and other parties can rely on for future planning.

Ecology emphasized who must act: property owners who hold private water rights or who withdraw water outside of a public water system are the primary recipients of claim forms. "If you are a customer of the water system," McPherson said, "the water system itself will need to fill out a form. Most people in Point Roberts are customers of your water system; they will not need to fill out a form." The form will ask for date of first use, highest past use and locations of diversion, and there is a court filing fee of $25; fee waivers will be available.

Ecology also discussed tribal and federal interests. McPherson said Lummi Nation and Nooksack tribe have asserted rights throughout WRIA 1 and that tribal claims can be senior under prior appropriation. She said including Point Roberts is tied to tribal petitions and the need to resolve competing rights across the entire WRIA.

Next steps and resources: Ecology said recipients should expect certified mail possibly in a mid‑February timeframe (printing timeline subject to change), that recipients will have about a year to file, and that Ecology and Whatcom County will provide assistance, online maps and a phone/email resource to help people find their document numbers and complete forms. For detailed parcel or map questions, Ecology suggested contacting the Bellingham field office or using the forthcoming online WRIA 1 adjudication map.

Community Q&A highlighted common concerns about parcels missing from the record map, whether standby or unused wells must be reported, and how permit exemptions (a commonly cited 5,000 gallons/day exemption) interact with the adjudication phases. Ecology's staff offered to follow up with individualized parcel checks and to provide the slide deck and links shared at the meeting.