WASHINGTON SUES FARMERS EN MASS | Up to 40% Reduction in Farm Produce “It’s really devastating.”
The State of Washington has launched a sweeping legal move that should alarm every American who cares about farming, food security, and property rights. Over 30,000 rural residents, farmers, and landowners have received certified letters demanding proof of their water rights. If they can’t prove them, they risk losing access to the very water that has sustained their land—sometimes for generations.
This effort stems from the Watershed Adjudication filed in Whatcom Superior Court under the Water Resource Inventory Area 1 (WRIA 1), located in the Nooksack Basin. While rooted in a 2016 Washington Supreme Court decision, Hirst v. Whatcom County, the implications of this move extend far beyond legal precedent. It’s a reminder that water no longer belongs to those who use and rely on it most—it belongs to the state, and access must now be proven or lost. (Hirst v. Whatcom County)
Farmers Are the Real Targets
Those being asked to submit documentation include everyone except those on public utilities. That means small towns, tribal governments, and especially family farms are in the crosshairs. They are being asked to tell the court how much water they use, when they started using it, and whether they are on a permit-exempt well. This isn’t just bureaucracy—it’s an existential threat.
Perry Eskridge and Fred Likkel, in an op-ed for the Cascadia Daily News, warned that this process could backfire disastrously. Farms that lose access to water won’t simply go dry—they’ll be swallowed by housing developments that have far easier access to new water allocations (source).
According to water rights attorney Joseph Brogan, agricultural users who cannot fully validate historical usage will be disadvantaged under this process (source).
A Produce Powerhouse at Risk
Why does this matter? Because Washington is a cornerstone of American agriculture. The state ranks #1 in the country for the production of:
- Raspberries (92.3% of all U.S. production)
- Hops
- Spearmint oil
- Cherries, apples, pears, grapes, carrots, green peas
It ranks #2 for asparagus, dry peas, potatoes, lentils, and onions, and is a top producer of nectarines, wheat, and blueberries (source).
If adjudication leads to a 25–40% drop in raspberry farms alone—as predicted by Henry Bierlink of the Washington Red Raspberry Commission—the entire country’s food supply could feel the impact (source).
A Broken Promise and Bureaucratic Trap
In the 1990s, over 300 farmers in Whatcom County submitted water rights applications. They were promised support and cooperation from the state. That support never came. Now, those same applications remain unresolved. In the meantime, farmers made good-faith adjustments, like using drip irrigation and attempting to transfer saved water to nearby fields. Now, the state says that unused water can no longer be claimed—“use it or lose it” is the law (RCW 90.14.160).
This betrayal could devastate not only the raspberry industry but also apples, grapes, and other crops for which Washington is a national leader. Once farms lose access to water, there’s little chance of recovery.
Urban Sprawl and a Slow-Motion Land Grab
Here’s the bigger picture: water rights are based on seniority, but unchecked urban sprawl is rapidly pushing farmers to the bottom of the priority list. Developers are buying up land at $100,000 per acre in some areas, outbidding local farmers and converting arable land into subdivisions (source). Cities are literally drying up rural water associations just by sinking deeper wells.
So, when we hear about data centers, tech campuses, and suburban mega-developments sucking up water that once sustained orchards and vegetable fields, we must ask—who is this system built to serve?
This Fight Could Last a Lifetime
This isn’t the first time Washington has pursued water adjudication. In Yakima County, a similar process took 42 years to resolve just 4,000 claims. Today’s case involves over 30,000 (source). By the time it’s finished, who will still be farming?
Food production is a national security issue. We are already importing more of our produce due to labor shortages, border chaos impacting H2A farmworker programs, and now—water insecurity. If the top-producing agricultural states are pushed into decline, the ripple effect will hit grocery stores, school lunches, and family tables everywhere.
Conclusion: Prioritize Farmers, Protect Food
This adjudication may be legal, but that doesn’t make it just. It’s being weaponized against the very people we depend on to feed our nation. The Pacific Northwest—like California and Oregon—is on the front lines of a growing war between agriculture and urbanization.
We must protect farms, preserve water rights for food production, and stop treating rural communities as collateral damage in the name of conservation or development.
Because if the farms go dry, so does the future.
Defend the right to farm. Defend the right to water. Defend the right to feed a nation.
