Bills to bolster Whatcom Co. courts ahead of water-rights proceedings sent to Inslee
Whatcom County Superior Court appears set to get additional judges.
Two bills, House Bill 1992 and Senate Bill 5828, passed by the Washington State Legislature just prior to adjournment of the 2024 legislative session would increase the number of Superior Court judges and commissioners in Whatcom County.
The bills are now headed to Gov. Jay Inslee’s desk to await his signature. Because the bills are being delivered to the governor just prior to Thursday, which marks the end of this year’s short, 60-day legislative session, Inslee will have 20 days to sign them into law.
HB 1992, which was delivered to Inslee on March 5, will increase the number of Superior Court judges in Whatcom County from four to five. It passed the House on Feb. 9 with only one no vote, and passed the Senate unanimously Feb. 29.
If Inslee signs the bill, he will then appoint a fifth Whatcom County Superior Court judge.
Whatcom County Superior Court currently has four judges and four commissioners. It serves as the county’s highest court. It handles various matters, such as felony, civil, divorce, child custody, guardianship, paternity, adoption, juvenile and mental illness cases, among others.
SB 5828, which was signed by the House speaker March 7 and is expected to be sent to Inslee soon, will allow Whatcom County’s Superior Court judges to appoint water rights commissioners and referees to help handle the expected caseload increase stemming from the upcoming Nooksack River water rights adjudication. The bill passed both legislative chambers unanimously Feb. 27 and March 6.
If Inslee signs the bill, Whatcom County’s Superior Court judges will appoint the water rights commissioner and referees.
When appointing a water rights commissioner, the judges are to consider a potential commissioner’s experience with water law and water use. If a person is appointed as a water rights commissioner, the bill requires them to receive training from the state’s administrative office of the courts on water law; Indigenous law, including executive orders and treaties; on the subjects of water science, including groundwater hydrology, hydrogeology and irrigation management; and cultural awareness, including state and tribal history, among other topics.
The judges can authorize the water rights commissioners to be able to perform the necessary duties required to handle water rights adjudication.
All acts and proceedings of a water rights commissioner are subject to revision by the Superior Court, according to the bill.
The adjudication process will see a judge, or now a water rights commissioner, decide whose water rights have seniority for fishing, farming, agricultural, residential and commercial uses in Water Resource Inventory Area 1, which is the Nooksack River Basin and includes lakes, groundwater or aquifers, the river and its tributaries.
The Washington State Department of Ecology is in the process of identifying water users within the Nooksack River Basin. Ecology is expected to begin the adjudication process in the spring.
“We need to make sure that the water adjudication process runs as quickly and smoothly as possible. To do that, our court needs another judge. Whatcom County Superior Court expects that water adjudication may quadruple their caseload. This extra judge is an indispensable resource for the court to ensure people get resolution on their water rights in a timely fashion,” Sen. Sharon Shewmake, D-Bellingham, said in a Feb. 29 prepared press release statement.
Both bills were born out of a need for additional resources for the county’s court system.
“The pandemic exacerbated the backlog of civil and criminal cases that the Whatcom County Superior Court handles and it was evident that we need another judge on this court to work through cases more efficiently and to process the Department of Ecology’s impending water rights adjudication,” Rep. Joe Timmons, D-Bellingham, said in the press release.
This story was originally published March 8, 2024 at 5:00 AM.
