Farmers in Whatcom County, Washington fear their water rights may be at stake if the Washington Department of Ecology decides to adjudicate. | Pixabay
Farmers in Whatcom County, Washington fear their water rights may be at stake if the Washington Department of Ecology decides to adjudicate. | Pixabay
Water-right holders in Whatcom County, Washington could face a suit from the Washington Department of Ecology regarding claims for water in the Nooksack River Basin.
The adjudication could take as long as 15 years and could have a negative impact on agriculture in the region.
“How do you expect farmers to plan for the future when they may or may not have water?” Fred Likkel, Whatcom Family Farmers executive director, asked according to Capital Press. “We have a lot of pressure on our land for development. This is going to drastically accelerate that pressure.”
A recently completed survey of surface water rights in the Yakima River Basin took 40 years to finish. WIth that case behind them, Ecology is focused on adjudicating surface and groundwater rights in Whatcom County. Their decisions could affect 14,000 landowners who draw from a household well.
The Lummi Nation and Nooksack Indian Tribe have the oldest water rights in the basin but they have not been quanitified. These are the two tribes that petitioned Ecology for the suit. Lummi Indian Business Council chairman Lawrence Solomon said court action is the most transparent way to settle the disputes.
Ecology agrees, citing that fish runs in the basin are declining and will be made worse by climate change. There are no resevoirs for water storage in the county. At the peak of irrigation season, stream flows often fall below the levels set in 1985 to protect fish. Enforcing those flows would affect senior water rights. It could also shut out farmers who have been irrigating with groundwater.
In the 1980s farmers were told by Ecology that they could continue to irrigate if they applied for permits. Nearly 40 years later, applications still sit on file. Some areas of the county have water rights while others don't. The Whatcom Ag Water Board estimates the court action could jeopardize at least half of the water now used for agriculture.
Environmental groups are on the side of the tribes while farm groups continue to advocate for negotiating out of court.
Whatcom County is the number one county in the value of farm goods produced in western Washington, covering 40,000 acres of irrigated farmland.
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