reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-080 - Future stock watering

Current through Register Vol. 24-14, July 15, 2024
(1)
				Consistent with
				RCW
				   90.22.040, the department retains one cubic
				foot per second of surface water for future stock watering pursuant to the
				following requirements:
(a) This surface water
				flow is available to satisfy stock watering requirements for stock on riparian
				grazing lands which drink directly from streams, lakes or other public waters.
				Appropriation or use of water from the reservation for stock watering shall be
				limited to the land base and carrying capacity of the grazing lands next to the
				stream or water course. The reservation shall not be available for feedlots and
				other activities which are not related to normal grazing land uses.
(b) The department encourages existing
				riparian stock water right holders to remove livestock from streams for the
				purpose of protecting water quality and stream habitat. Uses that meet the
				following conditions shall be considered to qualify as direct stock watering
				from a stream:
(i) Small amounts of water are
				diverted (screened and piped) to nearby stock water tanks for consumption by
				livestock;
(ii) Stock water tanks
				shall be located close to the surface water source, and have as short a bypass
				reach as possible, while providing protection to the water body, stream bank
				and associated vegetative zone;
(iii) If a float or demand type valve is not
				used, the tank overflow must return to the same source, at or near the point of
				diversion;
(iv) The stock tank must
				serve stock, which normally range that parcel of property; and
(v) The quantity of water consumed from the
				stock tank should not exceed the quantity consumed if the stock drank directly
				from the stream.
(c) The
				decision by a person to divert stock water from the stream and into a tank does
				not constitute an adjudication of any claim to the right to the use of the
				water, as between the claimant and the state, or as between one or more water
				use claimants and another or others.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-110 - Future permitting actions

Current through Register Vol. 24-14, July 15, 2024
(1) Surface and groundwater permits not
				subject to the instream flows and closures established in WAC
				173-505-050 and
				173-505-070 may be issued if any
				of the following situations apply:
(a) The
				proposed use is nonconsumptive, and compatible with the intent of this
				chapter.
(b) The applicant elects
				to submit a scientifically sound mitigation plan, as defined in WAC
				173-505-030(7),
				and it is approved by the department. If monitoring of a mitigation plan shows
				the mitigation is not effective, use of water under the permit shall then be
				subject to the instream flows. In the case of a closed stream, the use shall
				cease until a more effective mitigation plan is put in place.
(c) The proposed groundwater use will not
				impair senior water rights. Based on the hydrogeology of the basin, and the
				location and depth where groundwater withdrawals generally occur, future
				groundwater withdrawals have a high likelihood of capturing water that would
				result in impacts to surface water flows and levels in the Stillaguamish River
				basin. Therefore, a groundwater permit that is not subject to the instream
				flows or closures may be approved only if an applicant can demonstrate, through
				studies and technical analysis, and to the satisfaction of the department, that
				the proposed use will not cause impairment to existing water rights, including
				the instream flows set in this chapter.
(d) Before the department can approve a water
				right application for a new public water supply under (b) or (c) of this
				subsection, the applicant must also demonstrate that there are no other
				municipal water suppliers in the same proposed retail service area that can
				provide water. If domestic potable water can be provided by another municipal
				supplier, the department shall reject the water right application.
(e) The proposed use is for a salmon recovery
				project recommended for approval by the department of fish and
				wildlife.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-120 - Alternative sources of water

Current through Register Vol. 24-14, July 15, 2024
(1) The
				legislature has long acknowledged that water supply and availability around the
				state are becoming increasingly limited, particularly during summer and fall
				months and dry years when demand is greatest. Growth and prosperity have
				significantly increased the competition for this limited resource
				(RCW
				   90.54.090(1)(a)). This
				chapter provides limited exceptions for new uses in the Stillaguamish River
				basin. However, there is a continuing need for ongoing and reliable sources for
				new water uses. This need dictates the continued development and use of
				alternative sources of water, such as:
Reuse of reclaimed water;
Artificial recharge and recovery;
Multipurpose water storage facilities;
Conservation and efficiency measures applied to existing uses
				  and the transfer of saved water;
Acquisition of existing water rights; and
Establishment of a trust water rights program.
(2) Alternative sources of water
				of equal or better quality than a new source can be used to improve stream
				flows for fish, offset impacts of withdrawals on stream flows and provide
				sources of water for future out-of-stream uses.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-120, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-130 - Establishment of trust water rights program

Current through Register Vol. 24-14, July 15, 2024
(1) The department will establish a trust
				water right program to facilitate the acquisition of existing water rights
				through purchases, long-term leases, donations and conserved water saved
				through state and federally funded conservation projects.
(2) The determination of how much water
				should be allocated between future out-of-stream uses and the restoration and
				enhancement of instream flows will be made at the time the water is acquired
				and deposited into the trust water rights program.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-130, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-140 - Future changes and transfers

Current through Register Vol. 24-14, July 15, 2024
No changes or transfers to existing surface or groundwater
				  rights in the Stillaguamish River basin shall hereafter be granted that
				  conflict with the purposes or provisions of this chapter. Any change or
				  transfer proposals can be approved only if there is a finding that existing
				  rights, including instream flows hereby established, will not be
				  impaired.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-140, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-150 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) In
				accordance with
				RCW
				   90.03.605, in order to obtain compliance with
				this chapter, the department shall prepare and distribute technical and
				educational information regarding the scope and requirements of this chapter to
				the public. This is intended to assist the public in complying with the
				requirements of their water rights and applicable water laws.
(2) When the department determines that a
				violation has occurred, it shall:
(a) First
				attempt to achieve voluntary compliance. An approach to achieving this is to
				offer information and technical assistance to the person, in writing,
				identifying one or more means to accomplish the person's purposes within the
				framework of the law.
(b) If
				education and technical assistance do not achieve compliance, the department
				shall issue a notice of violation, a formal administrative order under
				RCW
				   43.27A.190, or assess penalties under
				RCW
				   43.83B.336,
				90.03.400,
				90.03.410,
				90.03.600,
				90.44.120 and
				90.44.130.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-160 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				  pertaining to water right applications, permits, certificates, regulatory
				  orders and related decisions made pursuant to this chapter can be appealed to
				  the pollution control hearings board in accordance with chapter 43.21B
				  RCW.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-160, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-170 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
Review of this chapter may be initiated by the department
				  whenever significant new information is available, a significant change in
				  conditions occurs, or statutory changes are enacted that are determined by the
				  department to require review of the chapter.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-170, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-180 - Map

Current through Register Vol. 24-14, July 15, 2024
For the purposes of administering this chapter, the
				  boundaries of the Stillaguamish River basin contained in the figure below are
				  presumed to accurately reflect the basin hydrology unless demonstrated
				  otherwise.
Figure 2
Click to view
								image
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-180, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules apply to surface waters within the Snohomish River
				basin, WRIA-7 (see WAC
				173-500-040). Chapter 173-500
				WAC, the general rules of the department of ecology for the implementation of
				the comprehensive water resources program, applies to this chapter 173-507
				WAC.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-003 (Order DE
				  79-8), § 173-507-010, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-040 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
In future permitting actions relating to groundwater
				withdrawals, the natural interrelationship of surface and groundwaters shall be
				fully considered in water allocation decisions to assure compliance with the
				meaning and intent of this regulation.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-003 (Order DE
				  79-8), § 173-507-040, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-050 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this
			 chapter shall affect existing water rights, riparian, appropriative, or
			 otherwise, existing on the effective date of this chapter, nor shall it affect
			 existing rights relating to the operation of any navigation, hydroelectric or
			 water storage reservoir or related facilities.
(2) Domestic inhouse use for a single
			 residence and stock watering, except that related to feed lots, shall be
			 exempt.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-003 (Order DE
				  79-8), § 173-507-050, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-060 - Future rights

Current through Register Vol. 24-14, July 15, 2024
No right to divert or store public surface waters of the
				Snohomish WRIA 7 shall hereafter be granted which shall conflict with the
				instream flows and closures established in this chapter. Future rights for
				nonconsumptive uses, subject to the conditions herein established, may be
				granted.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-003 (Order DE
				  79-8), § 173-507-060, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-070 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as appropriate under authorities vested in it, including
				but not limited to the issuance of regulatory orders under
				RCW
				   43.27A.190 and civil penalties under
				RCW
				   90.03.600.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-507-070, filed 6/9/88. Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-003 (Order DE
				  79-8), § 173-507-070, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-075 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-507-075, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-507 - Instream resources protection program - Snohomish River basin, water resource inventory area (WRIA) 7 › Section 173-507-080 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-507-080, filed 6/9/88. Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-003 (Order DE
				  79-8), § 173-507-080, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to
				chapter
				90.54 RCW (Water Resources
				Act of 1971), chapter 90.22 RCW (minimum water flows and levels), and in
				accordance with chapter 173-500 WAC (water resource management
				program).
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-010, filed 9/6/79. Formerly chapter 173-30
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to retain perennial rivers,
				streams, and lakes in Lake Washington drainages with instream flows and levels
				necessary to provide for preservation of wildlife, fish, scenic, aesthetic and
				other environmental values, navigational values, and to preserve water
				quality.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-020, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-030 - Closures and instream flows

Current through Register Vol. 24-14, July 15, 2024
(1) The department of ecology has determined
			 that additional diversions of water from the Lake Washington drainage system
			 would deplete instream flows and lake levels required to support the uses
			 described in WAC
			 173-508-020. Therefore, lakes and
			 streams contributing to the Lake Washington drainage above the Hiram M.
			 Chittenden Locks, excluding the Cedar River drainage, shall be closed to
			 further consumptive appropriations. Regulation to protect instream flows in the
			 Cedar River and its tributaries shall be undertaken pursuant to WAC
			 173-508-060.
(2) WAC
			 173-508-040 -- Table 1, includes
			 specific named and unnamed surface water sources in water resource inventory
			 area 8 with restrictions indicated. All tributaries in the Lake Washington
			 drainage not specifically included in Table 1 are closed.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-030, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-040 - Table 1 - Cedar-Sammamish basin - WRIA 8

Current through Register Vol. 24-14, July 15, 2024
Stream or Lake
Tributary to
Restriction
(Little) Bear Creek
Sammamish River
Closure
Cedar River (including tributaries)
Lake Washington
Instream
Flow Levels
Coal Creek
Lake Washington
Closure
Cottage Lake Creek and tributaries,
Bear Creek
Evans Creek
Sammamish River
Closure
Closure
Closure
Haller Lake
Thornton Creek
Closure
Issaquah Creek
N. Fork Issaquah
E. Fork Issaquah
Unnamed Stream
Fifteen Mile Creek
Holder Creek
Carey Creek
Sammamish Lake
Closure
Closure
Closure
Closure
Closure
Closure
Closure
Lake Washington
Sammamish River
Puget Sound
Lake Washington
Closure
Closure
Lake Sammamish
Tibbetts Creek
Pine Lake and Unnamed Stream
(Pine Lake Creek)
Laughing Jacobs Creek
Sammamish River
Sammamish Lake
Sammamish Lake
Sammamish Lake
Closure
Closure
Closure
Closure
Larson Lake (including tributaries)
Lake Washington
Closure
Lyon Creek
Lake Washington
Closure
Martha Lake
Swamp Creek
Closure
May Creek
Lake Washington
Closure
McAleer Creek
Lake Ballinger (McAleer Lake)
Lake Washington
Closure
Closure
Mercer Slough
Lake Washington
Closure
Kelsey Creek
Kinsley Creek
Mercer Slough Creek
Closure
Closure
Closure
North Creek
Silver Lake
Sammamish River
Closure
Closure
Pipers Creek
Puget Sound
Closure
Rock Creek
Cedar River
Closure
Swamp Creek
Sammamish River
Closure
Unnamed Springs
Sammamish Lake
Closure
Unnamed Stream (11-26-3E)
Puget Sound
Closure
Unnamed Stream (12-24-5E)
Sammamish Lake
Closure
Unnamed Stream (Jones Creek)
Cedar River
Closure
Unnamed Stream (Juanita Creek)
Lake Washington
Closure
Unnamed Stream (Northrup Creek)
Lake Washington
Closure
Unnamed Stream (Wildcat Creek)
Sammamish River
Closure
Thornton Creek
Lake Washington
Closure
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-040, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-050 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
In future permitting actions relating to groundwater
				withdrawals, the natural interrelationship of surface and groundwaters shall be
				fully considered in water allocation decisions to assure compliance with the
				intent of this chapter.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-050, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-060 - Instream flows for the Cedar River

Current through Register Vol. 24-14, July 15, 2024
(1) The instream flows established in this
			 section apply to waters of the Cedar River and affect the entire watershed
			 drained by the Cedar River including all tributaries thereto.
(2) Instream flows established in this
			 section shall be measured at the existing U.S. Geological Survey gaging station
			 No. 12.1190.00 on the Cedar River at Renton, Washington.
(3) Except as provided herein (critical year
			 flows), water flows in the Cedar River and tributaries thereto shall, to the
			 extent depletion under existing rights and natural flow conditions permit, be
			 maintained throughout each year at levels which, during the time periods
			 designated, do not fall below the following measurements:
(a)
Normal Year Flow
January 1 to June 20:
370 cfs
June 20 to July 15:
Linear decrease from 370 cfs on
June 20 to 130 cfs on July 15
July 15 to September 10:
130 cfs
September 10 to September 20:
Linear increase from 130 cfs on September 10 to 200
							 cfs on September 20
September 20 to October 1:
200 cfs
October 1 to October 10:
Linear increase from 200 cfs on October 1 to 370 cfs
							 on October 10
October 10 to January 1:
370 cfs
Normal year flows must be maintained at all times unless a
				critical condition is declared by the director. If natural Cedar River flows
				fall below the 1 in 10 year Cedar River flow frequency, the director, or his
				designee, may authorize flows below the normal year flows, but not lower than
				the critical year flow except where a declaration of overriding considerations
				of public interest is made by the director. All requests to deplete below the
				established instream flow level will be considered on a case-by-case
				basis.
(b)
Critical
			 Year Flow
January 1 to June 15:
250 cfs
June 15 to July 1:
Linear decrease from 250 cfs on June 15 to 110 cfs on
							 July 1
July 1 to October 1:
110 cfs
October 1 to November 1:
Linear increase from 110 cfs on October 1 to 250 cfs
							 on November 1
November 1 to January 1:
250 cfs
Critical year flows represent flows below which the department
				believes substantial damage to instream values will occur. Critical year flows
				are expected to be met unless natural Cedar River flows fall below the one in
				fifty year Cedar River flow frequency.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-070 - Future rights

Current through Register Vol. 24-14, July 15, 2024
No water rights to divert or store public surface waters of the
				Cedar-Sammamish basin WRIA 8 shall hereafter be granted which shall conflict
				with the instream flows and closures established in this chapter. Future rights
				for nonconsumptive uses may be granted under the provisions of this
				chapter.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-508-070, filed 6/9/88. Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-070, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-080 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this
			 chapter shall affect any existing water rights, riparian, appropriative, or
			 otherwise, existing on the effective date of this chapter; nor shall it affect
			 existing rights relating to the operation of any navigation, hydroelectric or
			 water storage reservoir or related facilities.
(2) Domestic inhouse use for a single
			 residence and stock watering, except that related to feedlots, shall be exempt
			 from this chapter.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-080, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-090 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as appropriate under authorities vested in it, including
				but not limited to the issuance of regulatory orders under
				RCW
				   43.27A.190 and civil penalties under
				RCW
				   90.03.600.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-508-090, filed 6/9/88. Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-090, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-095 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-508-095, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-508 - Instream resources protection program - Cedar-Sammamish basin, water resource inventory area (WRIA) 8 › Section 173-508-100 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-508-100, filed 6/9/88. Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 79-10-002 (Order DE
				  79-9), § 173-508-100, filed
				  9/6/79.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to retain perennial rivers,
				streams, and lakes in the Green-Duwamish drainage basin with instream flows and
				levels necessary for preservation and protection of wildlife, fish, scenic,
				aesthetic and other environmental values, recreational and navigational values,
				and to preserve water quality. Nothing in this chapter shall preclude the
				future issuance of regulations and/or signing of intergovernmental agreements
				which attempt to optimize the total public use of the basin water resources,
				providing they are consistent with the intent of this chapter. The instream
				flow rules presented here are for preservation of the existing resources so
				that when future planning or development occurs on this river these resources
				will be available.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-010, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-015 - Background

Current through Register Vol. 24-14, July 15, 2024
The Green-Duwamish River basin has been modified significantly
				since settlement of the area. Urbanization in the lower basin has influenced
				water quality and diversions for municipal and industrial water supply have
				altered the stream flow of the Green-Duwamish River. Groundwater has been
				developed for consumptive use within the basin. The White River originally had
				a confluence with the Green River near Auburn but since 1906 it has been
				diverted into the Puyallup River. A dam on the Black River near Tukwila
				prevents water from the Green River from flowing into Lake Washington during
				periods of high flow. In 1913 the city of Tacoma commenced diversions for
				municipal and industrial uses. Since 1962 the Green-Duwamish River has been
				influenced by the operation of the Howard A. Hanson Dam, a Corps of Engineers
				flood control project with authorization to provide instream flow maintenance
				of at least 110 cfs for fisheries conservation purposes. The operation has also
				considered drinking water quality requirements of the city of Tacoma.
The Green-Duwamish River basin is a natural rearing and
				spawning area primarily for steelhead trout and chinook, coho and chum salmon.
				Fish hatcheries are located on tributary streams and these contribute to total
				numbers of fish produced by the river system. The river itself and the
				shoreline also offer easily accessible recreational
				opportunities.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-015, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-020 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules apply to all waters within the Green-Duwamish River
				basin, WRIA 9 (see WAC
				173-500-040). This chapter is
				promulgated pursuant to
				chapter
				90.54 RCW (Water Resources
				Act of 1971), chapter 90.22 RCW (minimum water flows and levels), and in
				accordance with chapter 173-500 WAC (water resources management program). The
				provisions of this chapter apply, as a matter of state law, to future water
				right authorizations issued pursuant to the state's water rights
				codes.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-020, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-040 - Surface water source limitations to further consumptive appropriations

Current through Register Vol. 24-14, July 15, 2024
(1) The department,
			 having determined there are no waters available for further appropriation
			 through the establishment of rights to use water consumptively, closes the
			 following streams to further consumptive appropriation for the periods
			 indicated. These closures confirm surface water source limitations previously
			 established administratively under authority of
			 chapter
			 90.03 RCW and RCW
			 75.20.050.
SURFACE WATER
							 CLOSURES
Stream
Date of
Administrative
Closure
Period of
Administrative
Closure
All tributaries of Green River SE1/4SE1/4 sec. 14,
							 T.32 N., R.4E.
8/19/53
All year
Deep Creek (including Hyde Lk.), tributary to Deep
							 Lake NW1/4SE1/4 sec. 18, T.21N., R.7E.
4/17/53
All year
Unnamed stream (Des Moines Creek, Tributary to Puget
							 Sound
SW1/4SW1/4 sec. 8, T.22N., R.4E.
8/22/52
All year
Unnamed stream (Garrison Creek), Tributary to Black
							 River (indirect)
NW1/4NW1/4NW1/4 sec. 6, T.22N., R.5E.
10/18/51
All year
Unnamed stream (Miller Creek) (Maybrook Creek),
							 Tributary to Puget Sound
NE1/4NE1/4 sec. 36, T.23N., R.3E.
1/7/46
All year
Unnamed stream (Springbrook Creek), Tributary to
							 Black River
NE1/4SE1/4SW1/4 sec. 13, T.23N., R.4E.
11/14/45
All year
(2)
			 The department, having determined that maximum lake levels have been
			 established by court decree for certain lakes in WRIA 9, adopts the following
			 lake levels. These maximum lake levels confirm lake levels previously
			 established by order of the superior court for King County.
MAXIMUM LAKE LEVELS
Lakes
Lake Level Established
Date of Order
Angle Lake
349.27 ft. at MSL
4/21/75
Star Lake
077
324.46 ft. at MSL
9/20/50
Lake Sawyer
(Tributary to
Covington Creek)
518.94 ft. at MSL
8/5/52
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-040, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-050 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
Future groundwater withdrawal permits will not be affected by
				this chapter unless such withdrawal would clearly have an adverse impact upon
				the surface water system contrary to the intent and objectives of this
				chapter.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-050, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-060 - Future rights

Current through Register Vol. 24-14, July 15, 2024
No right to divert or store public waters of the Green-Duwamish
				River basin, WRIA 9, shall be granted which shall conflict with the purposes of
				this chapter: Provided however, Withdrawals of water which would conflict with
				said purposes may be authorized in those situations where it is clear that
				overriding considerations of the public interest will be
				served.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-060, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this
			 chapter shall affect water rights, riparian, appropriative, or otherwise,
			 existing on the effective date of this chapter, nor shall it affect existing
			 rights relating to the operation of any navigation, hydroelectric or water
			 storage reservoir or related facilities, including but not limited to: (a)
			 Howard Hanson Dam storage and operation as authorized in the Flood Control Act
			 of May 17, 1950; (b) any existing right the city of Tacoma may have.
(2) Domestic inhouse use for a single
			 residence and stock watering, except that related to feed lots, shall be exempt
			 from the provisions of this chapter.
(3) Storage projects may be approved if they
			 are not in conflict with the purposes of this chapter.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-070, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-080 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In the enforcement of this chapter, the department of ecology
				may impose such sanctions as appropriate under authorities vested in it,
				including but not limited to the issuance of regulatory orders under
				RCW
				   43.27A.190 and civil penalties under
				RCW
				   90.03.600.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-509-080, filed 6/9/88. Statutory Authority:
				  RCW
				     90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-080, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-085 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-509-085, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-090 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider revisions. The director
				shall initiate a review of the rules by appointing a committee of major
				affected water right holders, basin resource management interests, and
				governmental agencies.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-509-090, filed 6/9/88. Statutory Authority:
				  RCW
				     90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-090, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-509 - Instream resources protection program - Green-Duwamish River basin, water resource inventory area (WRIA) 9 › Section 173-509-100 - Implementation

Current through Register Vol. 24-14, July 15, 2024
In the event the COE is authorized to change the operation of
				Howard Hanson Dam in order to meet the stream flows established in this chapter
				and so advises the director, these regulations shall be reviewed by the
				department within one hundred eighty days of the COE authorization to
				determine, what, if any, amendments are required to maintain the integrity and
				purpose of this chapter.
Statutory Authority:
				  RCW
				  90.22.020,
				  90.54.020 and
				  90.54.040. 80-07-005 (Order DE
				  79-32), § 173-509-100, filed
				  6/6/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-510 - Instream resources protection program - Puyallup River basin, water resource inventory area (WRIA) 10 › Section 173-510-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules apply to waters within the Puyallup River basin,
				WRIA 10, as defined in WAC
				173-500-040. This chapter is
				promulgated pursuant to
				chapter
				90.54 RCW (Water Resources
				Act of 1971), chapter 90.22 RCW (minimum water flows and levels), and in
				accordance with chapter 173-500 WAC (water resources management
				program).
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 80-04-047 (Order DE
				  79-31), § 173-510-010, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-510 - Instream resources protection program - Puyallup River basin, water resource inventory area (WRIA) 10 › Section 173-510-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to retain perennial rivers,
				streams, and lakes in the Puyallup River basin with instream flows and levels
				necessary to provide protection for wildlife, fish, scenic-aesthetic,
				environmental values, recreation, navigation, and to preserve high water
				quality standards.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 80-04-047 (Order DE
				  79-31), § 173-510-020, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-510 - Instream resources protection program - Puyallup River basin, water resource inventory area (WRIA) 10 › Section 173-510-030 - Establishment of instream flows

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Stream management units and associated control stations are established as
			 follows:
STREAM MANAGEMENT UNIT INFORMATION
Control Station No. Stream Management Unit
							 Name
Control Station by River Mile and Section, Township,
							 and Range
Affected Stream
Reach(es)
12-0965.00
Upper Puyallup River
12.2
25-20-4E
Confluence with Puyallup River to the headwaters
							 including all tributaries
12-0957.00
Carbon River
0.1
13-19-4E
From the confluence with the White River to the
							 headwaters including all tributaries, excluding the Carbon River.
12-1015.00 Lower Puyallup River
6.6
20-20N-R4E
From the influence of mean annual high tide at low
							 base flow levels to the confluence with the White River including all
							 tributaries and excluding the White River.
(2)
			 Instream flows are established for the stream management units in WAC
			 173-510-030(1) as follows:
INSTREAM FLOWS IN THE PUYALLUP RIVER BASIN
(cubic feet per second)
Month
Day
12-0965.00
Puyallup River
(At Alderton)
12-1015.00
Puyallup River
12-0957.00
Carbon River
Jan
1
700
1400
600
15
700
1400
550
Feb
1
750
1400
550
15
800
1500
550
Mar
1
800
1600
550
15
850
1700
550
Apr
1
900
1800
600
15
950
1900
700
May
1
950
2000
900
15
1000
2000
900
Jun
1
1050
2000
600
15
1050
2000
500
Jul
1
1050
2000
450
15
1050
1750
400
Aug
1
900
1500
350
15
800
1300
350
Sep
1
600
1150
350
15
500
1000
350
Oct
1
500
1000
350
15
500
1000
550
Nov
1
600
1000
550
15
700
1100
600
Dec
1
700
1200
700
15
700
1300
700
(3)
			 Instream flow hydrographs, as represented in the document entitled "Puyallup
			 River basin instream resource protection program," shall be used for definition
			 of instream flows on those days not specifically identified in WAC
			 173-510-030(2).
(4) All consumptive water rights hereafter
			 established shall be expressly, subject to instream flows established in WAC
			 173-510-030(1) through
			 (3).
(5) At such time as the department of
			 fisheries and/or department of wildlife and the department of ecology shall
			 agree that additional stream management units should be identified other than
			 those specified in WAC
			 173-510-030(1),
			 the department of ecology shall identify additional control stations and
			 management units on streams and tributaries within the basin and shall further
			 protect instream flows where possible for those stations as provided in
			 chapters 90.22 and
			 90.54 RCW.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-510-030, filed 6/9/88. Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 80-04-047 (Order DE
				  79-31), § 173-510-030, filed
				  3/21/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-510 - Instream resources protection program - Puyallup River basin, water resource inventory area (WRIA) 10 › Section 173-510-050 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
In future permitting actions relating to groundwater
				withdrawals, particularly from shallow aquifers, a determination shall be made
				as to whether the proposed withdrawal will have a direct, and measurable,
				impact on stream flows in streams for which closures and instream flows have
				been adopted (WAC
				173-510-040). If the
				determination affirms such interrelationship, the provisions of WAC
				173-510-040 shall
				apply.
Statutory Authority: Chapters 90.22 and
				  90.54 RCW. 80-04-047 (Order DE
				  79-31), § 173-510-050, filed
				  3/21/80.