Whatcom farmers watching closely as water rights court case still not off the ground
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.