From cities and tribes to farms and businesses, everyone’s water use in Whatcom County will be impacted
What will be the wide-reaching impacts and implications for us all in Washington’s largest lawsuit ever? Whether residents and municipalities use city water, well water, rent or own, run a business or farm, or belong to a tribe, the Water Adjudication process will impact everyone’s water availability. The resulting legal process of Water Adjudication will quantify and prioritize water use, with the highest priority given to the oldest, continuous water use. The process determines whether each water right on a source is legal, how much water can be used, and its priority during water shortages.
Some cities and water associations do not have enough water rights to service their current customer base, and it does not appear that there will be additional rights granted. Will some of us run out of water in drought years? How will this affect adding new housing and businesses? What about our farming community? How will it impact tribal entities? One can see why this legal process will be very complex, likely contentious, and take a lot of time – perhaps decades.
According to Fred Likkel, “This water rights case isn’t just a farming issue. All water users will be affected, including Whatcom cities and water associations, as well as private well owners. Everyone has a stake in the adjudication, including difficult questions about whether they have sufficient water rights for the future. It doesn’t appear any new water rights will be granted, so many water users are facing a very sticky situation.”
his topic is timely. The Washington Department of Ecology filed a water rights adjudication with the Whatcom County Superior Court on May 2024. The formal summons is anticipated to be sent by certified mail at the earliest in March 2025. January 22 is the 165th anniversary of the Lummi Treaty of Point Elliot – a fortuitous date to understand what tribal water rights include.
Panelists include:
- Robert (Bob) Carmichael, Principal, Carmichael Clark PS Attorneys at Law
- Perry Eskridge, Government Affairs Director, Whatcom County Association of Realtors
- Victor Johnson, Deputy Director, Lummi National Resources Department
- Fred Likkel, Executive Director Whatcom Family Farmers
- Ander Russell, Co-Executive Director, RE Sources
Biographies:
Robert Carmichael practices in land use planning and permitting, water law, municipal law, and real estate. He represents property owners, businesses, water and sewer districts, and municipalities on land use, water, real estate, and environmental issues. Bob is an experienced and creative problem solver, effective in litigation, and has a strong record of success in helping clients reach their objectives. He helps clients with transactions and in matters before city and county governments, hearing examiners, state boards, and in court. Bob joined the Whatcom County Prosecutor’s Office in 1984 where he served as a Senior Deputy Prosecuting Attorney in both the criminal and civil divisions, before joining Simonarson, Visser, Zender, & Thurston (a predecessor to Carmichael Clark) in 1992. He received his law degree from the University of Washington School of Law in 1983 and his B.A. from the University of California, Berkeley in Geography in 1980.
R. Perry Eskridge is a Montana native who moved to Whatcom County in 2000. Perry graduated the University of Montana with a Bachelor of Science degree in Business Administration – Finance (Economics minor) and Juris Doctorate from the University of Montana School of Law. Following a clerkship with the Montana Supreme Court and serving the citizens of Montana as a Special Assistant Attorney General, Perry became General Counsel for the Transport Airplane Directorate of the Federal Aviation Administration. Perry now serves as Government Affairs Director for the Whatcom County Association of REALTORS®, a position he has held since 2007, as well as Government Affairs Director for the Whatcom Building Industry Association. Perry lives in Ferndale with his wife, Krisann, and their corgi, Gunther. Perry is excited to build on his success with the REALTORS® and advocate for building interests in Whatcom County.
Victor Johnson is a Lummi tribal member, and is the Deputy Director for the Lummi Natural Resources. Victor graduated from Western Washington University with a BA in Environmental Policy. Victor has worked for Lummi Natural Resources department for 23 years. He has worked in various divisions of Lummi Natural Resources including, the Salmon Habitat Restoration and Water Resources Divisions. Victor also served one term on the Lummi Indian Business Council.
Fred Likkel is the Executive Director of Whatcom Family Farmers, a non-profit that represents the farming community through advocacy, outreach, and education. He is also the Interim Executive Director of Save Family Farming, a state non-profit organization that speaks out to project the Washington family farming community through advocacy, outreach, and public education. With over 30 years of experience in the local and state farming community, including partnership in a local environmental services company, Fred believes strongly that protecting our farming community is a vital part of protecting our valued natural resources in Whatcom County. Only by building trust between diverse communities can we save our threatened natural resources in Washington state.
Ander Russell, a 30 resident of NW Washington, is a Co-Executive Director at RE Sources*. They started with the organization in 2014 and launched RE Sources work on integration of climate, water and land use management. They have decades of experience working on land, water and wildlife management and climate adaptation. Ander over-sees RE Sources education and advocacy work to build a climate resilient northwest Washington that centers equity and includes a just transition for communities and workers.
*RE Sources is a NW WA nonprofit based in Bellingham. We mobilize people to create just and thriving communities and to protect the land, water and climate on which we all depend. We envision an ecologically restored region with socially and economically just systems that benefit all people.