Defending Our Wells and Property Rights in WRIA 1

Property owners in Whatcom County's Nooksack Basin face an unprecedented threat to existing wells, farms, and land values. We believe Ecology's "tribal trust" water rights theory is legally and historically false.

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The Core Problem

Ecology Claims:

  • Tribal governments have senior federal water rights on "trust lands" that trump all other uses
  • These rights come from the Point Elliott Treaty of 1855
  • Property owners must prove their wells don't impair these tribal claims

Our Position:

  • Treaty-reserved water rights were created for individual Indian allottees, not corporate tribal governments
  • These individual allotments were later placed under state jurisdiction by federal law
  • Ecology's "tribal trust seniority" theory misreads the treaty, federal law, and Supreme Court precedent
  • We must challenge jurisdiction first before being forced into "collaboration"

CRITICAL IMPACT

Current Right
5,000
Gallons Per Day

Could be reduced to...

Potential Future
350
Gallons Per Day

If Ecology's theory stands, your existing domestic, farm, or business well could be deemed "junior" to tribal claims—forcing you to meter, curtail, or abandon wells you've used for decades.

What's At Stake

Well Restrictions

Your well may be forced to meter, curtail pumping, or shut down during dry periods

Property Value Loss

Reliable water access becomes uncertain, reducing your property value

Settlement Pressure

You may be pressured to accept limitations without testing legal claims in court

Farm Operations

Agricultural operations could be curtailed, threatening your livelihood

Our Strategy

01

Challenge Jurisdiction

File motions questioning whether Ecology and tribal governments have legal standing to assert these federal trust-based claims

02

Demand Proof

Require Ecology and tribes to prove trust boundaries, treaty basis, and actual water use—not just assert claims

03

Organize Landowners

Build a unified coalition to fund experienced water rights attorneys and expert witnesses

04

Preserve Rights

Help property owners file protective claims without waiving jurisdictional defenses

Support the Legal Defense Fund

Your contribution funds experienced attorneys, expert witnesses, and documentary research to challenge Ecology's water rights claims.

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POWWRA is a 501(c)(4) nonprofit and uses donated funds transparently for legal fees, expert witnesses, research, and outreach. Donations are not tax deductible.