Deadline extended in Ecology lawsuit over Whatcom County water rights
A deadline to file claims in a lawsuit brought by the state Department of Ecology that seeks to determine who owns water rights and the amount of water that they can use across Whatcom County has been extended for more than a year.
In a ruling Monday morning, Superior Court Judge David Freeman pushed the previous May 1, 2026, cutoff for water users to June 1, 2027.
In an emailed statement, Fred Likkel, executive director of Whatcom Family Farmers, said the extra filing time helps the estimated 30,000 people or entities that own property in the Nooksack River basin.
“Today’s ruling brings some certainty to the process of filing court claims for many farmers in Whatcom County, and thousands of other local residents, who risk losing their water access if they don’t file,” Likkel said in an emailed statement.
Whatcom County, which is one of several claimants in the lawsuit, sought the extension for all water users, including those who were notified by mail and those who could be considered legally notified by newspaper publication.
Ecology’s lawsuit affects the Nooksack River and its aquifer, a geographic area known as Water Resource Inventory Area 1. It generally includes western Whatcom County and parts of northwest Skagit County.
It’s expected to take a decade or more to sort out who owns senior water rights and how much water they can use — and could face further legal challenges for years.
The results of the lawsuit could have broad significance across Whatcom County, affecting tribal rights and environmental issues, including salmon populations, as well as agriculture, recreation, housing and industry.
