The Washington State Department of Ecology has initiated a costly process in Whatcom County called a water rights adjudication.  Ecology openly calls this “the Nooksack Basin adjudication”.  Yet, those who live in the Sumas River basin know this simple fact: all of their water runs north into Canada, NOT to the Nooksack River.  Tom Pors is assisting this group with a motion to the Whatcom County Superior Court to remove the Sumas River basin from the boundaries of this costly and lengthy legal action.  

SUMAS-OUT is a group of water right holders in the Sumas Watershed who are asking to be removed from the legal process of adjudication.  They are 11 farming and dairy businesses, along with the City of Sumas, supporting a joint legal effort to file a motion with the Superior Court to exclude the Sumas River and associated groundwater from the adjudication.

Why exclude the Sumas River?   Adjudications are long (the Yakima River adjudication took over 40 years) and expensive (you may need to hire a qualified lawyer to defend your water rights).  The Nooksack adjudication includes groundwater, which creates considerable uncertainty about future regulation to protect instream flows.  But the Sumas River is not tributary to the Nooksack and 70% of the Sumas basin is in Canada.  It isn’t necessary to include the Sumas River in the adjudication boundary.  

When will the motion be filed?  After Ecology serves a summons in the adjudication, probably in early 2025. 

If the motion is successful, what happens?  If the Sumas River and associated groundwater is excluded from the boundary of the adjudication, water right holders in the Sumas Exclusion Area will not have to file a claim or defend their water rights in the Nooksack Adjudication. 

Do I have to join SUMAS-OUT to benefit?  This is a voluntary effort. If successful, this effort will benefit all property within the proposed excluded area.

How can I help?  Right now, we are raising money for attorney and consulting fees to file and win the motion.  Contributions can be made to Sumas Out c/o DAWG c/o Foothills Bookkeeping 410 W 3^rd St, Nooksack, WA 98276. You can also contact Thomas Pors if you want to join the motion as a supporting party after it is filed.

Law Office of Thomas M. Pors, 1700 7^th Ave., Suite 2100, Seattle, WA 98101