Water Right Adjudications in Washington State

Water right adjudications in Washington State, managed by Robin McPherson of the Department of Ecology, aim to regulate water ownership through legal processes. The adjudication recognizes various water users' rights, including federal and tribal, and involves a thorough review of claims by Ecology and the Superior Court. Challenges and solutions in specific water resource inventory areas like the Nooksack River basin are highlighted.

• Water rights
• Adjudication
• Washington State
• Ecology
• Legal processes

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Presentation Transcript

1. WRIA 1 Water Right Adjudications Robin McPherson, Adjudication Manager Department of Ecology South Fork Update October 20, 2022

2. Who owns the water? Public resource, legally regulated Prior appropriation Date of first use Sources of law Water in Washington State Statutes (RCWs) Rules (WACs) Court rulings Treaties Federal law Department of Ecology role Rulemaking Permitting system Adjudication

3. Recognizes all legal water use, including Federal and Tribal rights Ecology joins all water users and claimants in Superior Court Users submit claim form and supporting evidence Ecology reviews claims and reports to Court with recommendations Court issues priority schedule What is an Adjudication? 3

4. Adjudication requests after Acquavella Where does water face the most uncertainty, conflict, and risk? Adjudication Assessment 2019 Legislative request 2019 Legislative request 2020 Report 2020 Report Where are current tools insufficient? Where will adjudication help with solutions? 4

5. WRIA 1 (Nooksack) Solutions Challenges Prioritized inventory in decree Records do not reflect legal or actual use Disagreements about instream flow Clarity on instream flow Certificated rights for water markets Hard to mitigate, buy or lease water All rights vulnerable to impairment Final determination of Tribal water Infrastructure solutions needed Federal support for infrastructure 5

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7. Ecology defines source, identifies users Surface and ground water Permits, certificates, claims Permit-exempt by rural parcel Ecology files in Superior Court Notify all parties Propose process Court sets deadlines, pathways Adjudication Process 7

8. Water users respond with a claim Legal or technical consultants not required Online and phone support E-filing available Adjudication Process 8

9. CLAIMANTS CLAIMANTS: : Do you use water from a pipe or well? Do you use water from a pipe or well? (Not including water system customers) (Not including water system customers) Small residential Wells over 500 gpd Documented Rights Up to 500 gpd Non-commercial, residence Simplified Process: Date of first use and place of use Up to 5,000 gpd (Stockwater wells not limited) Date of first use Highest use / current use Full claim explaining use Find in WRTS Permits, certificates, claims Priority date from document Quantity and place of use *Current concept, needs approval by Court

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11. Claims submitted to Court and Ecology Evidence submitted Ecology prepares Report of Findings Objections, cross-exams Court makes final rulings Adjudication Process Final Schedule Court issues schedule(s) in order of priority 11

12. WRIA 1 Water Right Adjudications Robin McPherson, Adjudication Manager Department of Ecology South Fork Update October 20, 2022