Wash. Admin. Code § 173-545-060

Current through Register Vol. 24-20, October 15, 2024
Section 173-545-060 - Instream flows based on watershed planning
(1) The instream flows established in this section are based on the recommendations of the Wenatchee watershed planning unit and public input received during the rule-making process. These instream flows are established under RCW 90.82.080, and are necessary to meet the water resource management and ecosystem maintenance objectives of the Wenatchee watershed plan.
(2) Instream flows established in this section protect stream flows from future appropriations, and preserve flow levels that are necessary to protect wildlife, fish, water quality, aesthetic and other environmental values, recreation, and navigational values.
(3) Instream flows in subsection (7) of this section established at new locations or in larger amounts than the instream flows in WAC 173-545-050(1) are water rights with a priority date of November 2, 2001.
(4) All water rights (surface and groundwater) established after the effective date of this rule, and not covered under the reservation in WAC 173-545-090, are subject to these instream flows. Water rights junior to the instream flow may be exercised when flow or groundwater conditions will provide enough water to satisfy senior rights, including the instream flows. New appropriations which would conflict with instream flows shall be authorized only in situations where it is clear that the overriding considerations of the public interest will be served.
(5) Based upon the department's determination of overriding considerations of public interest, the reservation of water established in WAC 173-545-090 is not subject to the instream flows in subsection (7) of this section or WAC 173-545-050(1).
(6) Instream flows are expressed in cubic feet per second (cfs). Instream flows are measured at the control stations identified in WAC 173-545-040.
(7) Instream flows are established for the stream management units in WAC 173-545-040, as follows:

Instream Flows in the Wenatchee River Basin

Based on Watershed Planning

(instantaneous cubic feet per second)

Month

Day

12-4570.00

Wenatchee R.

at Plain

12-4585.00

Icicle Cr. near Leavenworth

12-4590.00

Wenatchee R.

at Peshastin

ECY 45J070 Nason Cr. near Mouth

Jan

1

550

267

1933

120

15

550

267

1933

120

Feb

1

550

267

1933

120

15

550

566

2800

160

Mar

1

550

518

2800

160

15

700

518

2800

160

Apr

1

910

650

2800

160

15

1150

650

2800

160

May

1

1500

650

2800

160

15

2000

650

2800

160

Jun

1

2500

650

2800

160

15

2000

550

1933

210

Jul

1

1500

550

1933

210

15

1200

550

1933

210

Aug

1

880

400

1933

180

15

700

343

1400

180

Sep

1

660

275

1311

165

15

620

275

1311

165

Oct

1

580

267

1932

120

15

520

267

2672

120

Nov

1

550

267

2900

120

15

550

267

2900

120

Dec

1

550

267

1933

120

15

550

267

1933

120

Instream Flows in the Wenatchee River Basin (cont'd)

(instantaneous cubic feet per second)

Month

Day

12-4625.00 Wenatchee R. at Monitor

ECY 45F070 Peshastin Cr. at Green Bridge Rd.

Chumstick Cr. at North Road

Jan

1

1867

53

To be determined (tbd)

15

1867

53

Feb

1

1867

53

tbd

15

2400

120

Mar

1

2400

120

tbd

15

2400

120

Apr

1

2400

120

tbd

15

2400

120

May

1

2400

120

tbd

15

2400

120

Jun

1

2400

120

tbd

15

1600

110

Jul

1

1600

110

tbd

15

1600

110

Aug

1

1600

80

tbd

15

900

80

Sep

1

900

80

tbd

15

1338

80

Oct

1

1723

53

tbd

15

2427

53

Nov

1

2800

53

tbd

15

2800

53

Dec

1

1867

53

tbd

15

1867

53

(8) Instream flow hydrographs, WAC 173-545-170, Appendix 1 to this rule, shall be used for identification of instream flows on those days not specifically identified in WAC 173-545-060(7).
(9) Future consumptive water right permits issued hereafter for the withdrawal of surface and groundwater from the mainstem Wenatchee River and tributaries shall be subject to instream flows established in subsection (7) of this subsection, except for those withdrawals eligible for the reservation under WAC 173-545-090.
(10) Projects that would reduce the flow in a portion of a stream's length (e.g.: Hydroelectric diversion projects) are consumptive with respect to the bypassed portion of the stream and are subject to specific instream flow requirements for the bypassed reach. The department may require detailed, project-specific instream flow studies to determine a specific instream flow for the bypassed reach. The flows established in subsection (7) of this section shall apply to the bypassed stream reach unless the department, by order, determines that different flows may be maintained in the bypassed reach.

Wash. Admin. Code § 173-545-060

Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. 08-01-045 (Order 07-06), § 173-545-060, filed 12/12/07, effective 1/12/08. Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-060, filed 6/3/83.