We are property owners with water rights that we have historically enjoyed on our land. We have been sued. The subpoenas (35,000) were initiated by Lummi and Nooksack who are claiming superior and preferential rights over each of us, landowners. These tribal governments petitioned the DOE to sue us at law for water quantification and allocation.
It has been determined that our existing rights to water will be “adjudicated” in a court proceeding. Although, we have water rights of 5,000 gallons per day, they could be reduced to 350 gallons per day. If it goes to adjudication, our water allocation will be reduced by the court because the Lummi and Nooksack are requesting an increase of all surface and ground water allocation, up to 50%.
We are not lawyers, nor legal experts. The information we have received is from people who have studied and analyzed treaties, court cases and settlement documents for the past 20-30 years. Based on this information, we object to:
Giving up our water rights on our property.
The assumption that the Indian Tribes have superior rights.
The process of adjudication.
These claims disturb our enjoyment of our legally owned private property.
We can say no! We can stand up and fight for our Constitutional rights. We can join together to engage an attorney to advocate for us as a group. Adjudication requires us to appear individually before a judge to argue our own case.
Our choice is to hire an attorney with national and expert experience in these matters, to determine:
What are our individual legal water rights?
What authority does the WA State Department of Ecology have?
Do the Tribal Governments have preferential or legal authority over well property owners?
Residents of other States that succeeded in their lawsuit had many similarities to us. The main catalyst for the victories was a handful of tenacious people who were determined to stand and fight. They pooled their skills, talents and money for the “David & Goliath” battle in which they found themselves. All the players were the same: the State, Indian Tribal Government, Federal Government and land owners whose water rights were being removed. They all used attorneys along with “expert” input from people knowledgeable about water and Tribal issues.
We do have a strong argument against the adjudication process being undertaken by the DOE and WA State. With the help of a Federal attorney, we can petition the court to recognize truthful, historic, legal records, Constitutional jurisdiction and equal standing under the law.
Please join our group of well property owners, willing to contribute to our cause!