Wash. Admin. Code § 173-527-060

Current through Register Vol. 24-20, October 15, 2024
Section 173-527-060 - Instream flows
(1) The instream flows established in this chapter are based on the recommendations of the planning unit; consultation with the department of fish and wildlife, department of agriculture, and department of community, trade, and economic development; and public input received during the rule-making process. The planning unit recommended these instream flow levels by unanimous vote.
(2) Instream flows established in this chapter are water rights, which protect instream values and functions from future appropriations. The priority date of the instream flows is the effective date of this chapter. In accordance with RCW 90.82.080, this priority date received unanimous approval from the planning unit.
(3) Instream flow rights shall be protected from impairment by any new water rights commenced after the effective date of this chapter and by all future changes and transfers of senior and junior water rights, including both surface and groundwater rights. The following water rights are not subject to the instream flows:
(a) A water right put to beneficial use before the effective date of this chapter, unless otherwise stated in the conditions of the water right or change authorization.
(b) Water rights appropriated from the reservation of water established in WAC 173-527-110.
(c) Future withdrawals for environmental restoration purposes under WAC 173-527-140 unless included as a permit condition.
(4) Instream flows, expressed in cubic feet per second (cfs), are measured at the stream management control points in WAC 173-527-050. Instream flows apply to all stream reaches that contribute to flow at stream management control points, as shown in Table II of this section. For reaches that are downstream of all management points, the flows set for the nearest upstream management control point shall apply to those reaches. However, if a point of withdrawal is downstream of the confluence of two or more branches, each having a designated management point, the combined flows of the management points shall apply to that withdrawal.

Table II Instream Flows in the Lewis Basin (cubic feet per second)

Month

Stream Management Control Point

Kalama River, RM 2.8

Cedar Creek, RM 0.02

Lower Lewis River, RM 19.0

Canyon Creek, RM 2.9

Gee Creek, RM 4.9

January

950

125

2000

66

23

February

950

156

2000

66

42

March

950

156

2000 for Mar. 1, 2200 from Mar. 2 to Mar. 15, 2500 from Mar. 16 to Mar. 30, 2700 for Mar. 31

208

42

April

950

156

2700

208

42

May

950

156

2700

208

42

June

900

104

2700

139

28

July

616

104

2300 from July 1 to July 10, 1900 from July 11 to July 20, 1500 from July 21 to July 30, 1200 for July 31

139

28

August

434 from Aug. 1 to Aug. 15, 400 from Aug. 16 to Aug. 31

46

1200

66

9

September

589

188

1200

66

9

October

1050

188

1200 from Oct. 1 to Oct. 15, 2500 from Oct. 16 to Oct. 31

66

23

November

1050

188

4200

66

23

December

1050

125

4200 from Dec. 1 to Dec. 15, 2000 from Dec. 16 to Dec. 31

66

23

Month

Stream Management Control Point

Jenny Creek, RM 0.3

McCormick Creek, RM 2.0

Brezee Creek, RM 0.4

Lockwood Creek, RM 1.2

Mason Creek, RM 1.2

East Fork Lewis River, RM 10.1

Rock Creek #2, RM 1.8

Yacolt Creek, RM 0.02

Rock Creek #1, RM 1.8

January

19

15

31

30

23

500

23

59

75

February

36

28

39

54

42

500

43

97

121

March

36

28

39

54

42

460

43

97

121

April

36

28

39

54

42

460

43

97

121

May

36

28

39

54

42

460

43

97

121

June

24

28

39

36

28

420

29

66

80

July

24

28

39

36

28

233

29

66

80

August

8

6

8

13

9

122

10

26

34

September

8

6

8

13

9

175 from Sep. 1 to Sep. 15, 295 from Sep. 16 to Sep. 30

10

26

34

October

19

15

21

30

23

500

23

59

75

November

19

15

21

30

23

500

23

59

75

December

19

15

21

30

23

500

23

59

75

Wash. Admin. Code § 173-527-060

Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. 09-01-126 (Order 08-02), § 173-527-060, filed 12/19/08, effective 1/19/09.