What Homeowners & Property Owners Need to Know: Water Rights Adjudication in Whatcom County

by Tresie Wiersma Real Estate

Water rights adjudication in Whatcom County has raised important questions for homeowners, farmers, and landowners—especially those who rely on private wells. Below is a clear overview of what this process means and why filing matters.

A Note From the Department of Ecology: For Homeowners

If you have a private well, you are required to file a water rights claim, even if your well is used solely for household purposes.

Filing does not mean you will lose your well. Instead, it formally establishes your legal right to use water and assigns a priority date, which determines access during times of shortage.

Most single-family domestic wells are considered permit-exempt, but they must still be documented through the adjudication process. Once adjudicated, your water right becomes clearer, stronger, and more defensible, which is especially important during property sales, refinancing, or future development.

Important: Choosing not to file could place your water use at risk in the future.

What This Means for Farm & Agricultural Property Owners

For those using water for livestock, irrigation, barns, or multiple dwellings, filing is particularly critical.

You will need to document:

How much water you use
What the water is used for (irrigation, stock water, domestic use, etc.)
When the water use began (priority date)

Older water uses often carry stronger priority, which can be extremely valuable long-term—especially during drought conditions or regulatory changes.

Why Filing Matters (For Everyone)

Participating in the adjudication process helps:

Establish legal certainty for your water rights
Protect property value during sales, refinancing, or development
Reduce the risk of future disputes or restrictions

This is about protecting what you already use, not taking water away.

Key Takeaway

If you receive a notice—don’t ignore it. Filing is a proactive step that safeguards your property and your water access for the future.

Helpful Resources

All information provided by the Washington State Department of Ecology.