Wash. Admin. Code § 173-505-100

Current through Register Vol. 24-20, October 15, 2024

Section 173-505-100 - Maximum allocations

(1) High flows provide critical ecological functions such as channel and riparian zone maintenance, flushing of sediments, and in and out migration of fish. The protection of the frequency and duration of higher ecological flows can be accomplished by establishing a maximum amount of water/flow that can be withdrawn from the stream above the instream flow levels.

(2) Therefore, the department determines that the total consumptive withdrawals from existing and future water rights in the Stillaguamish River basin during open periods shall not exceed a total of 300 cubic feet per second (cfs) as measured at ecology station #05A070, river mile 11.2. Of that 300 cfs, the maximum allocation is further defined by limits on the amount of water that can be withdrawn from specified stream reaches, at specific times. Refer to the table and map, below.

Table 9 Maximum Allocation

Water Source*	Open Period
Stillaguamish River from its multiple mouths at Port Susan to the confluence of N.F. Stillaguamish River and S.F. Stillaguamish River (RM 0 to 17.8).	October 16-June 30
	Maximum Allocation 300 cfs
Of that 300 cfs, the following maximums may be taken from the specified stream reaches at the specified times:
N.F. Stillaguamish, from RM 0 (its confluence with the S.F. Stillaguamish) to river mile 17.6.	October 16-June 30
	Maximum Allocation 150 cfs
N.F. Stillaguamish River, from RM 17.6 to its headwaters.	November 1-June 30
	Maximum Allocation 120 cfs
S.F. Stillaguamish River from its confluence with the N.F. Stillaguamish River (RM 17.9) to RM 34.9.	November 1-June 15
	Maximum Allocation 150 cfs
Pilchuck Creek from mouth to RM 16.4 (confluence of Bear Creek).	October 16-May 31
	Maximum Allocation 50 cfs
Squire Creek from mouth to its headwaters.	November 1-February 15, and May 1-June 30
	Maximum Allocation 20 cfs
Canyon Creek from mouth to RM 11.8 (confluence of N.F. Canyon Creek and S.F. Canyon Creek).	December 1-May 31
	Maximum Allocation 40 cfs
N.F. is North Fork	S.F. is South Fork	RM is river mile

*	Tributaries to the water sources are excluded from the open period unless specifically listed.

N.F. is North Fork; S.F. is South Fork; cfs is cubic feet per second; confluence = the juncture of two or more flowing streams

Figure 1 Maximum allocations for specific stream reaches (listed above) in the Stillaguamish River basin, measured at designated control points

Click to view image

(3) All water rights issued after the effective date of this chapter are subject to the maximum allocation limits, the instream flows established in WAC 173-505-050 and other applicable provisions in this chapter. Use of the water must be consistent with the requirements of the surface water code (chapter 90.03 RCW) and other applicable statutory, administrative and case laws.

(4) The department will maintain a record of the amount of water allocated from all water rights in the Stillaguamish River basin, including those existing prior to the effective date of this chapter. When the maximum allocation is fully appropriated for any river, river reach, or stream, the department shall notify the appropriate county, in writing. The department shall also issue a public notice in a newspaper of general circulation for the region stating the maximum allocation is fully allocated.

Wash. Admin. Code § 173-505-100

Statutory Authority: Chapters 43.27A, 90.54, 90.22, and 90.82 RCW. 05-18-016 (Order 02-17), § 173-505-100, filed 8/26/05, effective 9/26/05.