It’s now been over a year since the Whatcom water rights adjudication was officially filed, and yet the process of getting it off the ground is still winding its way very, very slowly through Whatcom Superior Court. The court has taken considerable time so far in working to lay out the ground rules of how this admittedly very complicated and far-reaching court case is going to operate. Recent discussions have centered around the court docket. This document is what the court will use to let the various parties know what cases the court will be working on next. At some point, a postcard will be mailed out, letting all the parties know about how this part of the process will work. Another key item has been the question of how to serve the remaining parties who haven’t been served yet. According to recent Ecology statements, they have 6,000 yet to serve out of the now 35,000 who will be served. Ecology plans on serving them via public notice in a newspaper of record. We in the local farming community are watching closely as the numbers in this case continue to evolve. Interestingly, at the beginning of the entire adjudication discussion Ecology noted that only 15-20,000 would be served, and now the number is up to 30,000 or more. We also heard that 12,000 notices had been returned, yet now we are told 6,000 have yet to be served. We also know of a group who weren’t served at all the first time around. Don’t forget that from the beginning, we were told the entire adjudication process would only take 10-15 years. Yet it’s been over a year, and we really haven’t even set the guidelines for the case, much less any of the issues surrounding the water rights of the at least 30,000 who have been served. We have heard there will be multiple pre-trial motions that will almost certainly cause more delays. Judge Freeman noted in the hearing that while over 30,000 people will be served in the adjudication, but in a typical year prior to the adjudication, all four Superior Court judges together have served an average of only about 6,000. We’ve also seen some ridiculously low quotes on how much Ecology has estimated this adjudication would cost. The State of Washington, through its Department of Ecology, is the plaintiff–the one suing us all over water rights. However, the process of the adjudication goes through Whatcom Superior Court, and therefore Whatcom County is responsible financially for running it. As you can imagine, this is a very expensive process, and because of this the state has promised to provide funds to the county to run the adjudication. However, the state is in a budget crisis and is looking for places to cut. The result: Whatcom County, which has to run an adjudication the state forced on it, asked for $4.7 million to support the process, but only received $1.4 million. What will the result be? Three things are most likely to occur: the first is an even further slowdown of the process, the second will be additional costs foisted on Whatcom County and its residents, and the third will be residents less prepared to manage their claims. We often get asked: Should I be filing this form right now? Ecology and Whatcom County are encouraging filing as soon as possible. We are not legal experts, but we do speak to many who are. The consensus opinion is to prepare now, but hold on filing until the date is much closer. There don’t appear to be any benefits to filing early. This does not mean that our hands are tied completely. We see collaboration and settlement as the only path forward for the community. Whatcom Family Farmers started a coalition called ‘Water For Whatcom’ along with the Whatcom County Association of Realtors and the Whatcom Farm Bureau. This group is trying to encourage the community toward collaborative discussions. You may have seen signs that say “It’s Time To Negotiate” or “It’s Time to Collaborate,” which are from this group. We’ve also been focusing our messaging recently on the collaborative process in Yakima, and how it ended the adjudication there. As the water rights adjudication continues to unfold, we are committed to following it very closely and speaking up for the Whatcom farming community regarding its impacts. We will continue to share information and educate the public about the process, as well as its huge significance not only for the future of local agriculture, but also for the community as a whole. Please subscribe to our newsletter updates, and follow us on social media to hear our latest updates. Also, you can sign up to show support and receive alerts on the Water For Whatcom campaign at waterforwhatcom.org. Fred Likkel is the executive director of Whatcom Family Farmers, which works to preserve the legacy and future of family farming in Whatcom County by unifying the farming community and building public support.

Members of the Whatcom Business Alliance and readers of Business Pulse will recall that in November, voters passed Initiative 2066. This statewide ballot measure, which was approved by nearly two million voters in last year’s General Election, requires that utilities continue to provide natural gas service to commercial and residential customers. I-2066 also repeals regulations passed by the Washington State Building Code Council that restrict the use of natural gas. The State Supreme Court just announced it will accept direct review of a lawsuit challenging the constitutionality of Initiative 2066. This means that it will go directly from the King County Superior Court where a judge earlier this year ruled that the initiative was unconstitutional to the State Supreme Court and not be heard by the Court of Appeals, which is the news that the Building Industry Association of Washington, the main sponsor of I-2066, as well as the State Attorney General’s office, was hoping for. “After fighting countless political efforts to ban natural gas, BIAW crafted I-2066 with a clear and singular goal—preserving natural gas as an energy choice for current and future homeowners in Washington—once and for all,” said BIAW’s Executive Vice President Greg Lane. “In just seven weeks, we collected more than a half a million signatures to bring the issue to the ballot. Then nearly two million people voted yes on I-2066. That’s because maintaining natural gas choice gives homeowners options, reduces stress on our energy grid and helps lower the cost of utilities and housing for everyone.” The Building Code Council has not implemented the changes required by I-2066 with the initiative tied up in the courts, so homeowners and businesses are stuck in the middle of this legal fight and cannot depend on the future of using natural gas. In addition, eight trade associations in our state, including BIAW, sent a letter to the US Attorney General in late May asking the Justice Department to act on President Trump’s executive order from April removing impediments to domestic energy production by enforcing federal law and preventing states from enacting harmful gas bans (source The Center Square, June 3, 2025). Some background on this issue from the Building Industry Association of Washington: After spending years fighting multiple efforts to ban or restrict natural gas as an energy choice in Washington, BIAW filed the initiative in May 2024. Shortly after filing, opponents unsuccessfully challenged the initiative’s title that delayed the ability to gather signatures. Both sides ultimately agreed to the title that appeared before voters last November which is important to note as this case heads to the State Supreme Court. Despite the legal delay, BIAW, Let’s Go Washington and natural gas proponents gathered more than a half a million signatures in just a few weeks. Opponents then filed an unsuccessful lawsuit challenging the certification process. “Opponents have fought us every step of the way,” BIAW’s Greg Lane said. “We’re confident the Washington State Supreme Court will reject this latest challenge as the frivolous claim it is.” Environmental groups, the City of Seattle, and King County challenged the constitutionality of the new initiative shortly after it passed in 2024. BIAW and the Washington Attorney General’s Office countered their arguments that I-2066 violates the single-subject requirements in the State Constitution. King County Superior Court Judge Sandra Widlan heard the constitutional challenge to I-2066 in March of this year with former Governor Jay Inslee in the courtroom. Inslee, who appointed Widlan, made banning natural gas a top priority during his time as governor. Shortly after hearing arguments, Judge Widlan issued an oral ruling in favor of the Plaintiffs claiming that it violated Washington’s “single subject rule” for initiatives saying it was too broad and combined multiple subjects “that could confuse voters.” She then waited nearly two more months before filing the final order, which is unusual, delaying the ability to appeal and keeping the implementation in limbo for thousands of homeowners and businesses. Now that the state’s highest court has accepted direct review of the I-2066 case, the case will be on the court’s calendar for a hearing later this fall or winter 2026. Stay tuned to WBA’s Advocacy page for further updates on this important issue to Whatcom County and homeowners and businesses across our state.  Dann Mead Smith is the co-founder and co-director of Project 42. He is the former president/CEO of Washington Policy Center and has been writing for Business Pulse for three years. Dann lives part time in Birch Bay and Seattle.

How Did They Vote? Future 42 recently completed its second annual scorecard highlighing key votes taken by county council members in 2024. Here are some of the key votes from this past year: Forestry/Land Use; Energy Choice; Agricultural Zoning/Propane Facilities; Housing for the homeless; Property Tax Increase; Establishing a Crisis Relief Center; Addressing the Fentanyl Crisis.

The 60-day 2024 legislative session adjourned on March 7. Legislators debated​ several important bills this year, even during this “short session” that lacked the biennial​ state budget present in odd-numbered years.​ Some of the key bills are listed below, along with the votes cast by our legislators in​ the 40th and 42nd districts. Download PDF here. The post 2024 legislative session recap appeared first on Whatcom Business Alliance.