Whatcom County Council held its most recent meeting on June 24 where, among a slate of actions, it voted on hiring legal representation for the ongoing Nooksack River adjudication court battle, and approved millions in funding for homeless services.
County lawyers up for Nooksack adjudication
In preparation for the adjudication of the Nooksack River, officially known as the Water Resource Inventory Area 1, council put forth an amended $325,000 contract with law firm Cascadia Law Group to investigate, represent and defend the county’s water rights in state court.
According to the amended contract, the county is still in the process of identifying all of its water claims, and has so far identified 37 separate water rights documents associated with the county and Flood Control Zone District, and 73 county or district-owned facilities that “may have water usage either associated with a water right document or under the water rights permit exemption.”
The original contract was awarded in January 2025 for $25,000, and was increased by $300,000 by the council vote to account for what’s expected to be a complex defense of the county’s many water right claims, according to the amended contract.After being taken out of the consent agenda vote during the June 10 meeting via a request from District 5 councilmember Ben Elenbaas, council discussed the issue of using taxpayer dollars to represent the county in a lawsuit where taxpayers are also having to represent their own water right.
“We’re taking tax dollars to defend Whatcom County’s position in a court proceeding.” Elenbaas said. “I’m taking people’s tax dollars, to fund lawyers, to defend the county’s position, which is directly competing with every citizen involved in this lawsuit, because there’s a finite amount of water and each individual person involved in it is competing against each other.”
Elenbaas argued that since not everyone can afford a lawyer to represent their water right, the county shouldn’t use their tax dollars “to fight them in a lawsuit.”
District 4 councilmember Mark Stremler pushed back on Elenbaas’ thinking, arguing that the county has a duty to the taxpayer to fully protect the county’s water right. Elenbaas said he saw his vote as a protest against what he believes is an inequitable adjudication process.
“I’m bringing attention to the inequity that is the water rights adjudication, so my vote is obviously symbolic. This whole process is so wrong and so flawed on so many levels, and this is an excellent example of why it is,” Elenbaas said.
Stremler echoed Elenbaas’ frustrations with the adjudication process, calling it a “disaster,” but still voted to approve the contract.
The contract was approved in a 5-2 vote, with Elenbaas and District 3 councilmember Tyler Byrd voting against.
County approves rental, housing assistance through Opportunity Council
During the June 24 meeting, council voted on approving multiple contracts with Opportunity Council (OC), a homeless outreach and service provider, to continue its work battling the homeless crisis in Whatcom County.
According to a January 2024 “point in time” count of the county’s homeless population, 846 people were experiencing homelessness, with 31 percent of those living without any shelter.
The first contract was between the county and OC to administer the county’s coordinated entry system through the Whatcom Homeless Service Center (WHSC) in the amount of $544,578. The contract was approved 6-1 with Byrd voting against.
Council voted 5-2 to approve a $7.2 million contract with OC to distribute rental assistance through WHSC. The funding would go toward rent subsidies, motel room rentals and other direct housing assistance.
Stremler voted no, saying the contract does not have enough parameters for those receiving the funding to be “successful in their journey.” Stremler joined Byrd as the two “nay” votes.
Council then approved a $2 million increase in a case management services contract with OC, bringing that contract to $2.9 million. Byrd again voted no, with the contract passing 6-1.
In the last homelessness-related contract on the docket, council approved a $3.4 million contract with OC to administer the Housing and Essential Needs Program, which provides emergency rehousing and low-barrier housing options. Stremler and Byrd voted against, and the contract was approved by 5-2 vote.
The next county council meeting will be at 6 p.m. Tuesday, July 8.
