Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-060 - Ground water

Current through Register Vol. 24-14, July 15, 2024
(1) Surface and
			 groundwater rights, including permit exempt uses under
			 RCW
			    90.44.050, may be obtained that are not
			 subject to the instream flows established in WAC
			 173-503-040 and closures
			 established in WAC 173-503-051 if all statutory requirements are met and if any
			 of the following situations apply:
(a) The
			 proposed use is nonconsumptive, and compatible with the intent of this
			 chapter.
(b) The water use
			 qualifies for the reservations established in this chapter. The proposed use
			 from the reservation must be consistent with all the conditions outlined in WAC
			 173-503-073, 173-503-074 and 173-503-075. The department shall deduct the water
			 use from its record of water available from the reservations as described in
			 WAC 173-503-073 and 173-503-075.
(c) The applicant or governmental agency
			 elects to submit a scientifically sound mitigation plan and it is approved by
			 the department. A mitigation plan can be submitted to mitigate for an
			 individual withdrawal or to mitigate for multiple withdrawals in a subbasin. A
			 mitigation plan may be approved if the proponent can demonstrate to the
			 department's satisfaction that when the mitigation is implemented the proposed
			 withdrawal(s) will not impair senior water rights, including instream flow
			 rights, adversely impact instream resources, or diminish water quality. An
			 approved mitigation plan shall include a monitoring and reporting plan,
			 including a quality assurance/quality control plan. It shall also include
			 conditions that the plan be implemented as long as the associated water right
			 is used and that any water provided for mitigation purposes be prohibited from
			 being applied to any other purpose. Except for closed basins, if monitoring of
			 a mitigation plan shows the mitigation is not effective, departmental approval
			 of the mitigation plan shall be suspended and the use of water under the water
			 right shall then be subject to the instream flows until the department finds
			 the mitigation plan is effective. In the case of a closed basin, if monitoring
			 of a mitigation plan shows the mitigation is not effective, departmental
			 approval of the mitigation plan shall be suspended and the water use shall
			 cease until the department approves a new or revised mitigation plan.
(d) A proposed groundwater use will not
			 impair senior water rights or withdraw water from a legally closed basin. Based
			 on the hydrogeology of the basin, and the location and depth where groundwater
			 withdrawals generally occur, future groundwater withdrawals may capture water
			 that would result in impacts to surface water flows and levels in the Skagit
			 River basin. A groundwater right that is not subject to the instream flows or
			 closures may only be approved if an applicant can demonstrate, through
			 scientifically sound 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 or withdraw
			 water from a legally closed source. The department acknowledges that additional
			 scientific investigations may identify areas where water may be used without
			 impairing the instream flows set in this chapter. If future scientifically
			 sound investigations sufficiently identify such areas, the department will
			 notify the public of these findings through publication of a
Skagit
			 River Water Supply Bulletin
, and will account for uses under the
			 reservations in WAC 173-503-073, 173-503-074 and 173-503-075 in accordance with
			 these findings.