reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-040 - Stream management units

Current through Register Vol. 24-14, July 15, 2024
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) including
							 Tributaries
12-4570.00
Wenatchee River
at Plain
46.2
Sec. 12, T. 26N., R. 17E. W.M.
From Beaver Valley Hwy, R.M. 46.2, to
							 headwaters
12-4585.00
Icicle Cr. near
Leavenworth
2.6
Sec. 23, T. 24N., R. 17E. W.M.
Headwaters of Icicle Creek to its mouth
12-4590.00
Wenatchee River
at Peshastin
21.5
Sec. 8, T. 24N.,
R. 18E. W.M.
From confluence of Derby Creek to Beaver Valley Hwy,
							 R.M. 46.2 excluding Derby Creek and Icicle Creek
12-4625.00
Wenatchee River
at Monitor
7.0
Sec. 11, T. 23N., R. 19E. W.M.
From mouth to confluence of Derby Creek, including
							 Derby Creek and excluding Mission Creek
12-4620.001
Mission Creek near Cashmere
1.5
Sec. 9, T. 23N., R. 19E. W.M.
From mouth to headwaters
ECY 4530702
Mission Creek near Cashmere
0.2
Sec. 5, T. 23N., R. 19E. W.M.
From mouth to headwaters
12-4565.00
Chiwawa River near Plain
6.2
Sec. 13, T. 27N., R. 17E. W.M.
From the confluence of the Chiwawa River and the
							 Wenatchee River upstream to the headwaters of the Chiwawa River
ECY 45J070
Nason Creek near mouth
0.2
Sec. 33, T. 27N., R. 17E. W.M.
From the confluence of Nason Creek and the Wenatchee
							 River upstream to the Nason Creek headwaters
ECY 45F070
Peshastin Creek at Green Bridge Rd.
1.4
Sec. 28, T. 24N., R. 18E. W.M.
From the confluence of Peshastin Creek and the
							 Wenatchee River upstream to the Peshastin Creek headwaters
1This station is used for
							 regulation of permits issued subject to the minimum instream flows listed in
							 WAC 173-545-050.
2This station is to be
							 used for regulation of any permits issued subject to the minimum instream flows
							 in WAC 173-545-060.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-040, 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), § 173-545-040, filed
				  6/3/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-050 - Instream flows established on June 3, 1983

Current through Register Vol. 24-14, July 15, 2024
(1) The following instream flows were
			 established June 3, 1983. Water rights established after that date and prior to
			 the effective date of this rule are subject to these instream flows. The June
			 3, 1983, instream flows for the following stream management units in WAC
			 173-545-040 are as
			 follows:
1983 Instream Flows in the Wenatchee
				River
(instantaneous cubic feet per second)
Month
Day
12-4570.00
Wenatchee R.
at Plain
12-4580.00
Icicle Cr. near Leavenworth
12-4590.00
Wenatchee R.
at Peshastin
Jan
1
550
120
700
15
550
120
700
Feb
1
550
120
700
15
550
120
700
Mar
1
550
150
750
15
700
170
940
Apr
1
910
200
1300
15
1150
300
1750
May
1
1500
450
2200
15
2000
660
2800
Jun
1
2500
1000
3500
15
2000
660
2600
Jul
1
1500
450
1900
15
1200
300
1400
Aug
1
880
200
1000
15
700
170
840
Sep
1
660
130
820
15
620
130
780
Oct
1
580
130
750
15
520
130
700
Nov
1
550
150
750
15
550
150
750
Dec
1
550
150
750
15
550
150
750
1983 Instream Flows in the Wenatchee
				River
(instantaneous cubic feet per second)
Month
Day
12-4620.00
Mission Cr. near Cashmere
12-4625.00
Wenatchee R.
at Monitor
Jan
1
6
820
15
6
820
Feb
1
6
820
15
6
800
Mar
1
6
800
15
11
1040
Apr
1
22
1350
15
40
1750
May
1
40
2200
15
40
2800
Jun
1
28
3500
15
20
2400
Jul
1
14
1700
15
10
1200
Aug
1
7
800
15
5
700
Sep
1
4
700
15
4
700
Oct
1
4
700
15
5
700
Nov
1
6
800
15
6
800
Dec
1
6
800
15
6
800
(2) 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
			 173-545-050(1).
(3) The instream flows in subsection (1) of
			 this section shall retain their original priority date and quantities, except
			 where the flows in WAC
			 173-545-060(7) are lower than the flows in subsection (1) of this section. In those instances,
			 existing water rights subject to subsection (1) of this section will instead be
			 subject to the lower flow in WAC
			 173-545-060(7).
			 However, the priority date of the original right remains unchanged. If, at a
			 future date, it is determined that the higher flows in subsection (1) of this
			 section are required to retain flows necessary to preserve fish, wildlife,
			 scenic, aesthetic, or other environmental values, the department will issue an
			 order notifying the holders of the conditioned permits and certificates of such
			 a decision and the justification.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-050, 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), § 173-545-050, filed
				  6/3/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-070 - Lakes and ponds

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				RCW
				   90.54.020(3), lakes and
				ponds in the Wenatchee watershed shall be retained substantially in their
				natural condition, including those in the Wenatchee National Forest. Water
				withdrawals from lakes and ponds for purposes eligible under the reservation in
				WAC 173-545-090 are not subject to
				instream flows. All other water withdrawals from lakes and ponds or storage
				projects sited within or upon existing lakes or ponds are subject to instream
				flows and maximum future allocations.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-070, 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), § 173-545-070, filed
				  6/3/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-080 - Interim closure

Current through Register Vol. 24-14, July 15, 2024
The Chumstick Creek subbasin shall be closed to all future
				appropriations other than those provided by the interim reservation in WAC
				173-545-090(1)(d)(vi) until the department adopts a rule
				establishing instream flows, closes Chumstick Creek permanently, or determines
				that instream flows or a closure are not required.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-080, 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), § 173-545-080, filed
				  6/3/83.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-100 - Maximum future allocation

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The department determines that there are
			 certain times when there are surface waters above the instream flows, referred
			 to as "high flows." These high flows provide critical ecological functions such
			 as channel and riparian zone maintenance, flushing of sediments, and fish
			 migration. In order to protect the frequency and duration of these higher
			 flows, the department hereby establishes maximum amounts of water/flow that can
			 be withdrawn from specific streams at specific times, subject to the flows in
			 WAC 173-545-060.
(b) A maximum allocation shall be used to
			 review future applications for beneficial uses from the mainstem Wenatchee and
			 tributary rivers and creeks.
Maximum Allocations in the Wenatchee River
				Basin
(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
Jan
1
82
21
113
15
82
21
113
Feb
1
78
20
111
15
78
0
111
Mar
1
96
0
147
15
96
0
147
Apr
1
243
59
335
15
243
59
335
May
1
525
149
711
15
525
149
711
Jun
1
604
175
800
15
604
175
800
Jul
1
296
76
376
15
296
76
376
Aug
1
102
28
122
15
102
0
122
Sep
1
0
0
0
15
0
0
0
Oct
1
0
0
0
15
0
0
0
Nov
1
95
23
128
15
95
23
128
Dec
1
92
25
122
15
92
25
122
Maximum Allocations in the Wenatchee River
				Basin
(cont'd)
(instantaneous cubic feet per second)
Month
Day
ECY 45F070 Peshastin Cr. near Green Bridge
12-4625.00
Wenatchee R. at Monitor
ECY 45E070 Mission Cr. near Cashmere
Jan
1
6
132
0.6
15
6
132
0.6
Feb
1
6
148
1.2
15
6
148
1.2
Mar
1
7
192
1.4
15
7
192
1.4
Apr
1
16
360
2.7
15
16
360
2.7
May
1
38
710
3.1
15
38
710
3.1
Jun
1
44
813
1.9
15
44
813
1.9
Jul
1
20
373
0
15
20
373
0
Aug
1
0
117
0
15
0
117
0.3
Sep
1
0
72
0
15
0
0
0
Oct
1
0
0
0
15
0
0
0
Nov
1
7
139
0.4
15
7
139
0.4
Dec
1
7
130
0.4
15
7
130
0.4
Maximum Allocations in the Wenatchee River
				Basin
(cont'd)
(instantaneous cubic feet per second)
Month
Day
ECY 45J070
Nason Cr. near Mouth
12-4565.00
Chiwawa R. near Plain
Jan
1
13
12
15
13
12
Feb
1
12
12
15
12
0
Mar
1
15
0
15
15
16
Apr
1
44
58
15
44
58
May
1
99
139
15
99
139
Jun
1
114
147
15
114
147
Jul
1
54
71
15
54
71
Aug
1
17
24
15
17
0
Sep
1
0
0
15
0
0
Oct
1
0
0
15
0
0
Nov
1
15
16
15
15
16
Dec
1
15
16
15
15
16
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-110 - Permitting actions

Current through Register Vol. 24-14, July 15, 2024
(1) Surface and
			 groundwater permits not subject to the instream flows established in WAC
			 173-545-060 may be issued if:
(a) The proposed use is nonconsumptive, and
			 compatible with the intent of this chapter; or
(b) The water use qualifies for the
			 reservation established in WAC
			 173-545-090.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-120 - Changes and transfers

Current through Register Vol. 24-14, July 15, 2024
No changes to, or transfers of, existing surface and
				groundwater rights in the Wenatchee River basin shall hereafter be granted if
				they conflict with the purpose of this chapter. Any change or transfer proposal
				can be approved only if there is a finding that existing rights, including the
				instream flows established in WAC
				173-545-050 and
				173-545-060, will not be
				impaired.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-120, filed 12/12/07, effective
				  1/12/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-130 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) To
			 obtain compliance with this chapter, the department, with assistance from
			 Chelan County, the planning unit or its successor and partners, 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 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.
(3) To obtain compliance and enforce this
			 chapter, the department may impose such sanctions as appropriate under
			 authorities vested in it, including, but not limited to, issuing regulatory
			 orders under
			 RCW
			    43.27A.190; and imposing civil penalties
			 under RCW
			    43.83B.336,
			 90.03.400,
			 90.03.410,
			 90.03.600,
			 90.44.120 and
			 90.44.130.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-130, filed 12/12/07, effective
				  1/12/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-140 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department pertaining to
				permits, regulatory orders, and related decisions made pursuant to this chapter
				can be subject to review by the pollution control hearings board in accordance
				with chapter 43.21B RCW.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-140, filed 12/12/07, effective
				  1/12/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-150 - 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, statutory changes are enacted that are determined by the
				department to require review of the chapter, or if modifications are necessary
				based on the reviews described in WAC
				173-545-080 and
				173-545-090. Chelan County, the
				planning unit, or other interested citizens with standing may request that the
				department initiate a review at any time. If the department initiates a review,
				it will consult with Chelan County and the planning unit or its successor. If
				necessary, the department will modify the appropriate provisions of this
				chapter by rule.
The reservation will be evaluated by the department and the
				Wenatchee planning unit prior to 2010, 2015, 2020, and 2025. The allocated and
				unallocated amounts for each use will be reviewed, as well as the allocated and
				unallocated amounts for the entire reserve. Modifications to the program may
				therefore be implemented by rule, if needed.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-150, filed 12/12/07, effective
				  1/12/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-160 - Map

Current through Register Vol. 24-14, July 15, 2024
For the purposes of administering this chapter, the boundaries
				of the Wenatchee River basin identified in the figure below are presumed to
				accurately reflect the basin hydrology.
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Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-160, filed 12/12/07, effective
				  1/12/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-545 - Instream resources protection program - Wenatchee River basin, water resource inventory area (WRIA) 45 › Section 173-545-170 - Appendix 1: Hydrographs

Current through Register Vol. 24-14, July 15, 2024
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Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-170, filed 12/12/07, effective
				  1/12/08.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-010 - General provisions - Authority and applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter is adopted under the
			 authority of the Watershed Planning Act (chapter 90.82 RCW), Water Resources
			 Act of 1971 (chapter 90.54
			 RCW), Minimum Water Flows and Levels Act (chapter 90.22 RCW), Water resource
			 management (chapter 90.42 RCW), Regulation of public groundwaters
			 (chapter
			 90.44 RCW) and the Water
			 resources management program rule (chapter 173-500 WAC).
(2) This chapter, including any subsequent
			 additions and amendments, applies to all surface waters in the Entiat River
			 basin, and all groundwater hydraulically connected with those surface
			 waters.
(3) This chapter shall not
			 affect existing water rights, including perfected riparian rights, federal
			 Indian and non-Indian reserved rights, or other appropriative rights existing
			 on the effective date of this chapter, unless otherwise provided for in the
			 conditions of the water right in question.
(4) This chapter does not limit the
			 department's authority to establish flow requirements or conditions under other
			 laws, including hydropower licensing under
			 RCW
			    90.48.260.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-010, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) In enacting
			 this chapter, the department uses the Entiat watershed plan as the framework
			 for making future water resource decisions for the Entiat watershed, per
			 RCW
			    90.82.130. The plan recommendations were
			 approved by the Entiat watershed planning unit, a group composed of a broad
			 base of water use interests, and also by Chelan County officials. The plan
			 recommendations are therefore considered an expression of the public
			 interest.
(2) The chapter creates a
			 reservation for future uses that is senior to the instream flows set in WAC
			 173-546-050.
(3) This chapter sets forth the department's
			 policies to guide the protection, use and management of Entiat River basin
			 surface water and interrelated groundwater resources. It protects existing
			 water rights, establishes instream flows, and sets forth a program for the
			 administration of future water allocation and use.
(4) The purpose of this chapter is to retain
			 perennial rivers, streams, and lakes in the Entiat River basin with the
			 instream flows and levels necessary to protect and preserve wildlife, fish,
			 scenic, aesthetic, recreation, water quality and other environmental values,
			 navigational values, and stock watering requirements.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-020, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-040 - Establishment of stream management units

Current through Register Vol. 24-14, July 15, 2024
The department hereby establishes the following stream
				management units. The boundaries of the management units are shown on the map
				in WAC 173-546-150.
Stream Management Unit Information
Stream Management Unit Name Control Station
							 Gauge #
Control Station by River Mile (RM); Section,
							 Township and Range; Latitude (Lat.) and Longitude (Long.); Hydrologic Unit Code
							 (HUC)
Stream Management Reach
							 Description
USGS Gauge #12452990 Entiat River near Entiat, WA.
							 ("Keystone Gauge") (Lower Entiat)
River Mile 1.4
From the confluence of the Entiat and Columbia rivers
							 to the terminal glacial moraine at RM 16.2, including all tributaries except
							 the Mad River.
Sec. 18, T.25 N., R.21 E.W.M.
Lat. 47°39'48"
Long. 120°14'58" NAD 27
HUC 17020010
USGS Gauge #12452800 Entiat River near Ardenvoir, WA
							 (Upper Entiat)
River Mile 18
From the terminal glacial moraine at RM 16.2, to the
							 Entiat River headwaters, including all tributaries.
Sec. 27, T.27 N., R.19 E.W.M.
Lat. 47°49'07"
Long. 120°25'19" NAD 27
HUC 17020010
USGS Gauge #12452890, Mad River at Ardenvoir
River Mile 0.35
From the confluence of the Mad River with the Entiat
							 River to the Mad River headwaters, including all tributaries.
Sec.19, T.26, R.20 E.W.M.
Lat. 47°44'13"
Long. 120°22'03" NAD 27
HUC 17020010
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-040, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-060 - Lakes and ponds

Current through Register Vol. 24-14, July 15, 2024
In accordance with
				RCW
				   90.54.020(3), lakes and
				ponds in the Entiat watershed shall be retained substantially in their natural
				condition, including those in the Wenatchee National Forest.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-060, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-070 - Reservation of water for specific future uses

Current through Register Vol. 24-14, July 15, 2024
(1) Using the watershed plan as a primary
			 expression of public interest, and consistent with the authority under
			 RCW
			    90.54.050(1) and
			 90.82.130(4), the
			 department determines that there is water available, and hereby reserves an
			 amount of surface and groundwater, up to five cubic feet per second (5 cfs),
			 for specific future beneficial uses.
(a) The
			 priority date for uses under the reservation is the effective date of this
			 chapter.
(b) The reservation is not
			 subject to the instream flows established in WAC
			 173-546-050.
(c) Beneficial uses eligible for the
			 reservation include domestic, stock watering, commercial agriculture, and
			 commercial/light industrial uses, consistent with the recommendations of the
			 planning unit and the framework established by the Entiat watershed plan. The 5
			 cfs of reserved water use will be monitored at the USGS Gauge No. 12452990
			 (Entiat near Entiat, river mile 1.4), identified in the watershed plan as the
			 "Keystone" gauge. Allocation of water from the reservation will be made as
			 follows.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-080 - Maximum future allocation

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) The department determines that there are
			 certain times when there are surface waters above the instream flows, referred
			 to as "high flows." These high flows provide critical ecological functions such
			 as channel and riparian zone maintenance, flushing of sediments, and fish
			 migration. In order to protect the frequency and duration of these higher
			 flows, the department hereby establishes maximum amounts of water/flow that can
			 be withdrawn from specific streams at specific times above the instream flow
			 levels.
(b) A maximum allocation
			 shall be used to review future applications for beneficial uses from the
			 mainstem Entiat and Mad rivers for the periods and in the amounts specified
			 below:
(i) The maximum allocation from May 1
			 - June 30 is 100 cfs. Of that 100 cfs, 25 cfs may be allocated from the Mad
			 River.
(ii) For the period of July
			 1-15, the maximum allocation is 67 cfs from the mainstem Entiat only.
(iii) For the period of April 16-30, the
			 maximum allocation is 25 cfs from the Mad River only.
(iv) For the periods during which it is clear
			 that no water is likely to be available above the instream flows, no maximum
			 allocation amount is indicated.
Maximum Future Allocation, Entiat River
				Basin
Month
Days
Total Maximum Allocation, Mainstem Entiat (in
							 cfs). Measured at USGS Gauge #12452990, Entiat River nr. Entiat, RM
							 1.4
Portion of Maximum Allocation Available From
							 Mad River (in cfs). Measured at USGS Gauge #12452890, Mad River at Ardenvoir,
							 RM 0.35
January
1-31
February
1-29
March
1-31
April
1-15
16-30
25
May
1-15
100
25
16-31
100
25
June
1-15
100
25
16-30
100
25
July
1-15
67
16-31
August
1-31
September
1-30
October
1-31
November
1-30
December
1-31
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-090 - Future permitting actions

Current through Register Vol. 24-14, July 15, 2024
(1) Surface and groundwater permits not
			 subject to the instream flows established in WAC
			 173-546-050 may be issued if:
(a) The proposed use is nonconsumptive, and
			 compatible with the intent of this chapter.
(b) The water use qualifies for the
			 reservation established in WAC
			 173-546-070.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-100 - Alternative sources of water

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 legislature, in enacting chapter 90.82 RCW, required that strategies for
			 increasing water supplies must be developed as part of the watershed plans.
			 Such strategies may also be implemented through the watershed planning process.
			 WAC 173-546-070 provides a limited
			 reservation of water for specific new uses in the Entiat River basin. However,
			 the ongoing need for reliable sources of new water continues. This need
			 dictates the continued development and use of alternative sources of water,
			 such as:
Multipurpose water storage facilities;
Conservation and efficiency measures applied to existing uses
				and the transfer of saved water; and
Acquisition, leasing, establishment of a trust water rights
				program (including water banking).
(2) Alternative sources of water of equal or
			 better quality than the proposed 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.
				  05-16-114 (Order 04-11), § 173-546-100, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-110 - Future changes and transfers

Current through Register Vol. 24-14, July 15, 2024
No changes to, or transfers of, existing surface and
				groundwater rights in the Entiat River basin shall hereafter be granted if they
				conflict with the purpose of this chapter. Any change or transfer proposal can
				be approved only if there is a finding that existing rights, including the
				instream flows established in WAC
				173-546-050, will not be
				impaired.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-110, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-120 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) To
			 obtain compliance with this chapter the department, with assistance from Chelan
			 County, the planning unit or its successor and partners, 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 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.
(3) To obtain compliance and enforce this
			 chapter, the department may impose such sanctions as appropriate under
			 authorities vested in it, including, but not limited to, issuing regulatory
			 orders under
			 RCW
			    43.27A.190; and imposing civil penalties
			 under RCW
			    43.83B.336,
			 90.03.400,
			 90.03.410,
			 90.03.600,
			 90.44.120 and
			 90.44.130.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-120, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-130 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department pertaining to
				permits, regulatory orders, and related decisions made pursuant to this chapter
				can be subject to review by 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.
				  05-16-114 (Order 04-11), § 173-546-130, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-140 - 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, statutory changes are enacted that are determined by the
				department to require review of the chapter, or if modifications are necessary
				based on the review described in WAC
				173-546-070. Chelan County, the
				planning unit, or other interested citizens with standing may request that the
				department initiate a review at any time. If the department initiates a review,
				it will consult with Chelan County and the planning unit or its successor. If
				necessary, the department will modify the appropriate provisions of this
				chapter by rule.
The reservation will be evaluated by the department and the
				Entiat planning unit no less than every five years: 2010, 2015, and 2020. The
				allocated and unallocated amounts for each use will be reviewed, as well as the
				allocated and unallocated amounts for the entire reserve. Modifications to the
				program may therefore be implemented by rule, if needed.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-140, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-546 - Water resources management program - Entiat River basin water resource inventory area (WRIA) 46 › Section 173-546-150 - Map

Current through Register Vol. 24-14, July 15, 2024
For the purposes of administering this chapter, the boundaries
				of the Entiat River basin identified in the figure below are presumed to
				accurately reflect the basin hydrology.
Click to view
							 image
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  05-16-114 (Order 04-11), § 173-546-150, filed 8/3/05, effective
				  9/3/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules, including any subsequent additions and amendments,
				apply to waters within and contributing to the Methow River basin, WRIA 48 (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 173-548
				WAC.
Order DE 76-37, § 173-548-010, filed
				  12/28/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-030 - Future allocations - Reservation of surface water for beneficial uses

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 determines that there are surface waters available for appropriation from the
			 stream management units specified in the amount specified in cubic feet per
			 second (cfs) during the time specified as follows:
(a) Maximum surface water available for
			 future allocation from the indicated reach is as follows:
Month
Lower Methow
Middle Methow
Upper Methow
Methow
Head-
waters
Early Winters Creek
Chewack River
Twisp River
Oct.
95
50
44
15
29
09
14
Nov.
116
101
46
06
21
10
15
Dec.
112
99
44
17
26
10
15
Jan.
50
36
26
08
19
03
09
Feb.
51
37
29
09
19
04
10
Mar.
147
139
80
38
19
24
18
Apr.
565
590
273
336
35
118
148
May
2,922
2,927
784
412
403
809
703
Jun.
3,116
2,853
1,017
1,249
294
1,292
890
Jul.
965
877
583
608
189
308
298
Aug.
214
192
203
109
94
70
70
Sep.
62
55
76
33
47
23
26
All figures in cubic feet per second.
(b)
			 The control station for each reach is defined in WAC
			 173-548-020.
(c) The appropriation limit is set forth to
			 be an amount equal to the one in two year natural reach discharge on a monthly
			 basis for all management reaches except Early Winters Creek. The appropriation
			 limit for Early Winters Creek is set forth to be an amount equal to the
			 estimated natural mean monthly streamflow for that stream.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-040 - Priority of future water rights during times of water shortage

Current through Register Vol. 24-14, July 15, 2024
(1) As between
			 rights established in the future pertaining to waters allocated in WAC
			 173-548-030(2)(a) and
			 (b), all rights subject to this program shall
			 be regulated in descending order of use category priority regardless of the
			 date of the priority of right.
(2)
			 As between rights established in the future within a single use category
			 allocation of WAC
			 173-548-030, the date of priority
			 shall control with an earlier dated right being superior to those rights with
			 later dates.
Order DE 76-37, § 173-548-040, filed
				  12/28/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-060 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
If it is determined that a future development of groundwater
				measurably affects surface waters subject to the provisions of chapter 173-548
				WAC, then rights to said groundwater shall be subject to the same conditions as
				affected surface waters.
Order DE 76-37, § 173-548-060, filed
				  12/28/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-070 - Effect on prior rights

Current through Register Vol. 24-14, July 15, 2024
Nothing in this chapter shall be construed to lessen, enlarge,
				or modify existing rights acquired by appropriation or otherwise, and legally
				vested prior to the effective date of this chapter.
Order DE 76-37, § 173-548-070, filed
				  12/28/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-080 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as are 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 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-548-080, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-090 - 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 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-548-090, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-548 - Water resources program in the Methow River basin, WRIA-48 › Section 173-548-100 - 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 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-548-100, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-549 - Water resources program in the Okanogan River basin, WRIA-49 › Section 173-549-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules apply to waters within the Okanogan River Basin
				(WRIA 49) as defined in WAC
				173-500-040. This chapter is
				promulgated pursuant to
				chapter
				90.54 RCW (the Water
				Resources Act of 1971) and chapter 90.22 RCW (Minimum water flows and levels)
				and in accordance with chapter 173-500 WAC (Water resources management
				program).
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-010, filed 6/20/84; Order DE 76-25,
				  § 173-549-010, filed 7/14/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-549 - Water resources program in the Okanogan River basin, WRIA-49 › Section 173-549-015 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 90.54
				RCW (the Water Resources Act of 1971) requires that utilization and management
				of the waters of the state shall be guided by a number of fundamentals,
				including the following:
(1) Uses of
			 water for domestic, stock watering, industrial, commercial, agricultural,
			 irrigation, hydroelectric power production, mining, fish and wildlife
			 maintenance and enhancement, recreational, and thermal power production
			 purposes, and preservation of environmental and aesthetic values, and all other
			 uses compatible with the enjoyment of the public waters of the state, are
			 declared to be beneficial." (RCW
			    90.54.020(1).)
The act further specifies that "Perennial rivers and streams of
				the state shall be retained with base flows necessary to provide for
				preservation of wildlife, fish, scenic, aesthetic and other environmental
				values, and navigational values." (RCW
				   90.54.020(3)(a).)
The purpose of this chapter is to satisfy the requirements of
				RCW
				   90.54.020(3)(a) while, at
				the same time, allowing the continued use of water for other beneficial uses
				such as agriculture, which is acknowledged as a vital activity greatly
				benefiting the citizens of the Okanogan Basin and the state of
				Washington.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-015, filed
				  6/20/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-549 - Water resources program in the Okanogan River basin, WRIA-49 › Section 173-549-016 - Definition

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the term minimum instream
				flow shall be synonymous with the term base flow as defined in
				chapter
				90.54 RCW and the term
				minimum flow as defined in chapter 90.22 RCW.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-016, filed
				  6/20/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-549 - Water resources program in the Okanogan River basin, WRIA-49 › Section 173-549-025 - Stream closures

Current through Register Vol. 24-14, July 15, 2024
(1) Consistent
			 with the provisions of
			 chapter
			 90.54 RCW, it is the
			 policy of the department to preserve an appropriate minimum instream flow in
			 all perennial streams and rivers of the Okanogan River Basin for protection of
			 instream values.
(2) In keeping
			 with this policy, a partial year closure from May 1 to October 1 will be
			 established on all perennial streams in the basin except those with established
			 minimum instream flows as described in WAC
			 173-549-020.
(3) The upper Okanogan stream management unit
			 as established in WAC
			 173-549-020(1) is closed to further consumptive appropriation from June 15 through August 31
			 with the exception of single-domestic use and stockwatering use, provided that
			 no alternative source of supply is available.
(4) When a project (as described in WAC
			 173-549-020(5)) 
			 is proposed on a stream that is closed to further appropriations, the
			 department shall deny the water right application unless the project proponent
			 can adequately demonstrate that the project does not conflict with the intent
			 of the closure.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-025, filed
				  6/20/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-549 - Water resources program in the Okanogan River basin, WRIA-49 › Section 173-549-027 - Policy statement for future permitting actions

Current through Register Vol. 24-14, July 15, 2024
(1) Consistent with the provisions of
			 chapter
			 90.54 RCW, it is the
			 policy of the department to preserve an appropriate minimum instream flow in
			 all perennial streams and rivers as well as the water levels in all lakes in
			 the Okanogan River Basin by encouraging the use of alternate sources of water
			 which include (a) groundwater, (b) storage water, or (c) acquisition of
			 existing water rights.
(2) All
			 future permits to appropriate water from the Okanagan River, the Similkameen
			 River and perennial tributaries shall be subject to the required flows at all
			 downstream control stations as established in WAC
			 173-549-020.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-027, filed
				  6/20/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-549 - Water resources program in the Okanogan River basin, WRIA-49 › Section 173-549-035 - Lakes

Current through Register Vol. 24-14, July 15, 2024
(1) In future
			 permitting actions relating to withdrawal of lake waters, lakes and ponds shall
			 be retained substantially in their natural condition. In considering future
			 water right applications, the department shall deny any application for surface
			 or groundwater which will result in a significant decrease in lake level or in
			 the stream flow of any stream draining the lake, except that no decrease in
			 stream flow shall be allowed during the May 1 - October 1 stream closure
			 period.
(2) Notwithstanding the
			 above, nothing in this chapter shall limit the utilization of waters stored for
			 later release, provided such storage does not infringe upon existing rights or
			 instream flow and is duly permitted under
			 RCW
			    90.03.290 and
			 90.03.350.
(3) Any future water rights for waters from
			 Osoyoos Lake or from groundwaters determined to be in significant hydraulic
			 continuity with Osoyoos Lake, issued after the effective date of this chapter
			 and upon completion of the new Osoyoos Lake outlet control structure, shall be
			 subject to the maintenance of a water surface level of 910.5 feet USCGS in
			 Osoyoos Lake and said diversions shall be curtailed when the lake elevation
			 drops below elevation 910.5 feet USCGS.
(4) Notwithstanding the provisions of this
			 chapter, the construction and operation of the proposed new outlet control
			 structure for Osoyoos Lake shall be consistent with the terms and conditions of
			 the International Joint Commission Order of Approval signed on December 9,
			 1982, pursuant to the 1909 Boundary Waters Treaty.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-035, filed
				  6/20/84.