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Whatcom County Council Committee of the Whole

WHA-CON-CTW-2026-02-24 February 24, 2026 Committee of the Whole Whatcom County
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The Whatcom County Council Committee of the Whole met for 2 hours and 29 minutes on February 24, 2026, covering five major items with significant decisions on urban growth planning, legislative priorities, and potential new revenue sources. The meeting began with an extensive presentation on the complex Water Resources Inventory Area 1 (WRIA 1) water rights adjudication process, which has already engaged approximately 1,200 landowners through county-led outreach efforts. The presentation sparked pointed questions from Council Member Ben Elenbaas about the unusual nature of the Department of Ecology both filing the lawsuit and helping defendants complete their paperwork. The centerpiece discussion involved the City of Nooksack's urban growth area (UGA) expansion proposal, ultimately resulting in preliminary council support for the city's supplemental proposal including controversial mitigative measures for flood-prone areas. After an initial motion to exclude areas 6, 7, and 8 failed by a 3-4 vote, a second motion to support the full proposal with stipulated elevation requirements and other safeguards passed 4-2 with one abstention. Council Member Jon Scanlon expressed frustration about making these decisions without final flood control infrastructure designs, while Council Member Elenbaas argued that local officials should have primary accountability for development decisions in their jurisdiction. The council also addressed legislative session updates, with positive news on crisis center funding flexibility and adjudication court staffing, but cuts to behavioral health programs. They unanimously added Senate Bill 6343 providing tax relief for flood victims to their legislative agenda. A proposed performance audits ordinance was deferred to a three-member workgroup rather than rushed introduction. The meeting concluded with extensive discussion of a potential public safety sales and use tax under RCW 82.14.450 that could generate approximately $7 million annually,

**AB2026-078 - Nooksack Urban Growth Area Proposal:** - Initial motion to support proposal minus areas 6, 7, and 8: FAILED 3-4 - Motion to preliminarily support full supplemental proposal with mitigative measures: PASSED 4-2 (1 abstention) - Includes elevation requirements and other flood-related safeguards - Affects approximately 9 acres of agricultural land conversion to UGA **AB2026-037 - Legislative Session Update:** - Motion to add SB 6343 (flood victim tax relief) to legislative agenda: PASSED 7-0 - Extends deadline to 2031 for property improvement tax relief applicat…

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**Water Rights Adjudication Complexity:** The lengthy presentation revealed the massive scope of WRIA 1 adjudication affecting 30,000-40,000 residents across most of western Whatcom County. Public Works has conducted 20 workshops and 6 drop-in events under Department of Ecology grants, but significant challenges remain in reaching affected landowners. The process involves determining legal water rights dating back over a century, with ecology ultimately issuing adjudicated certificates. Council Member Elenbaas raised pointed questions about the unusual circumstance of the plaintiff (DOE) actively helping defendants complete court paperwork, calling it "absolutely crazy and ridiculous." **Flood Risk and Development Tensions:** The Nooksack UGA discussion highlighted ongoing tensions between development needs and flood safety following recent atmospheric river events. Council Member Scanlon expressed deep frustration about making land use decisions without final flood control infrastructure designs, stating the council has no…
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**Council Member Ben Elenbaas** expressed strong skepticism about water rights adjudication process, questioning why tribal water rights cases are in county rather than federal court, and calling the DOE's dual role as plaintiff and helper "absolutely crazy." Supported Nooksack UGA expansion based on local accountability principle, drawing from personal experience living 267 yards from Nooksack River without flooding issues. **Council Member Jon Scanlon** demonstrated consistent caution on flood-related development, attempting to exclude Nooksack areas 6, 7, and 8 until flood infrastructure designs are finalized. Expressed frustration about receiving inadequate analysis from county staff on critical land use decisions. Successfully advocated for adding flood victim tax relief to legislative agenda and forming performance audit workgroup. **City of Nooksack (Mayor Kevin Hester and Roland Harper)**…
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**Ben Elenbaas, on the water rights adjudication process:** "Have you ever seen a lawsuit where the people that filed it are so heavily involved with communicating, educating and helping people fill out their paperwork that they're going against in court?" **Ben Elenbaas, on the unusual nature of the process:** "That'd be like me getting with the person that broke into my home while I was sleeping to go over our court case before we go into court together." **Jon Scanlon, on frustration wit…
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**Water Rights Adjudication:** May 1, 2026 deadline for most claimants to file court claims. Department of Ecology will publish newspaper notifications for unserved parties. Three-year evidence filing period follows claim deadline. County motion pending for uniform filing deadline to reduce confusion. **Nooksack UGA Implementation:** City can proceed with comprehensive plan completion incorporating approved UGA areas. Annexation processes can begin for areas 6, 7, and 8 with stipulated mitigative measures including elevation requirements. **Public Safety Sales Tax Decision:** Council…

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**Land Use Designation:** Nine acres in Nooksack areas 6, 7, and 8 received preliminary approval for UGA designation, converting from agricultural to urban growth area status with mitigative flood protections required. **Legislative Priorities:** SB 6343 officially added to county's active legislative agenda, providing formal support for extending flood victim tax relief deadlines. **Governance Process:** Performance audits ordinance moved from immediate introducti…
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# Whatcom County Council Committee of the Whole — February 24, 2026 A complex tapestry of water rights, development pressures, and government responsibilities unfolded in the council chambers as Whatcom County grappled with some of its most pressing challenges. The 2 hour and 29 minute session revealed the intricate dance between state law, local autonomy, and the practical realities of managing growth in a flood-prone region. ## Meeting Overview Council Chair Kaylee Galloway convened the Committee of the Whole at 2 PM in hybrid format on February 24, 2026. All seven council members were present: Elizabeth Boyle, Barry Buchanan, Ben Elenbaas, Kaylee Galloway, Jessica Rienstra, Jon Scanlon, and Mark Stremler. The afternoon's agenda centered on the ongoing water rights adjudication process, urban growth area proposals for Nooksack, legislative updates, and a potential public safety sales tax that could generate $7 million annually. What made this meeting particularly significant was the intersection of technical complexity with deeply human concerns — from farmers and residents facing water rights uncertainty to a small city's aspirations for economic growth in a flood-prone landscape. ## Water Rights Adjudication: Navigating an Unprecedented Legal Maze The afternoon began with a comprehensive presentation on the Water Resources Inventory Area 1 (WRIA 1) water rights adjudication — a legal process affecting tens of thousands of Whatcom County residents and property owners. Gary Stoyka, the county's natural resources manager, set the stage by explaining the scope of their outreach efforts since 2024. "We've been doing this under grants from the Department of Ecology," Stoyka explained. "Our current grant with ecology runs out at the end of June this year." The numbers were staggering: 10 virtual workshops, 10 in-person workshops, 6 drop-in events, and participation in numerous community festivals. Through these efforts, they estimated reaching approximately 1,200 people with assistance and resources. Kara Coleman from Geosynthetic Consultants walked the council through the technical aspects of adjudication. "It is a superior court process to review all of the water use in the case area," she explained, noting that WRIA 1 encompasses most of Western Whatcom County and includes the Nooksack basin and its tributaries, adjacent coastal watersheds, and areas from the Canadian border down to Bellingham Bay. The presentation revealed the long and tortuous p…
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A structured study guide helping readers understand the meeting's content and context. Written for a general civic audience — assume no prior knowledge of the issues. ### Meeting Overview The Whatcom County Council Committee of the Whole met on Tuesday, February 24, 2026, for 2 hours and 29 minutes in a hybrid format. The meeting focused primarily on two major issues: a comprehensive presentation about the ongoing water rights adjudication affecting thousands of county residents, and urban growth area proposals for the city of Nooksack's comprehensive plan update. ### Key Terms and Concepts **Water Rights Adjudication:** A superior court process to review all water use in a specific area and clarify who has legal rights to use water. In this case, it covers Water Resources Inventory Area 1 (WRIA 1), which includes most of western Whatcom County. **Urban Growth Area (UGA):** Areas designated under state Growth Management Act where urban development is encouraged and where cities can extend utilities and eventually annex land. These areas receive higher-density zoning and urban services. **UGA Reserve:** Areas set aside for potential future addition to urban growth areas but cannot currently be annexed by cities. They maintain agricultural zoning until potentially redesignated. **FEMA Flood Maps:** Federal Emergency Management Agency maps showing areas at risk of flooding, used for insurance and development regulations. The county is working with both current and draft updated maps. **Committee of the Whole:** A meeting format where all council members participate but operating procedures are more informal than regular council meetings, typically used for presentations and preliminary discussions. **Mitigative Measures:** Specific requirements or conditions designed to reduce potential negative impacts from development, such as building elevation requirements or infrastructure standards. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Kaylee Galloway | Council Chair, presiding | | Elizabeth Boyle | Council Member | | Barry Buchanan | Council Member | | Ben Elenbaas | Council Member | | Jessica Rienstra | Council Member | | Jon Scanlon | Council Member | | Mark Stremler | Council Member | | Gary Stoyka | Whatcom County Public Works, Natural Resources Manager | | Kara Coleman | Geosyntec Consultants | | Raylene King | Superior Court Clerk | | Jamie Baxter | Whatcom County Public Works Program Specialist | | Matt Aamo…
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