Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-040 - Surface water source limitations to further consumptive appropriation

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 table indicates the status of streams, tributaries and lakes affected by this
			 chapter.
Source
Name
Tributary
To
Former
Administrative
Status
Status
Under
Regulation
Period of
Closure
Flow
Established
Anderson Creek
Nooksack River
low flow
partial year closure
May 1-Oct. 31
WAC
							 173-501-030(2)
Bells Creek
North Fork Nooksack
open
closure
year round
WAC
							 173-501-030(2)
Bertrand Creek
Nooksack River
closure
closure
year round
WAC
							 173-501-030(2)
Black Slough
Nooksack - South Fork
low flow
low flow
California Creek
Drayton Harbor
closure
closure
year round
WAC
							 173-501-030(2)
Canyon Creek
North Fork Nooksack
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Canyon (Lake) Creek
Middle Fork Nooksack
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Chuckanut Creek
Chuckanut Bay
low flow
closure
year round
natural flow
Colony Creek (incl. Whitehall)
Samish Bay
open
closure
year round
natural flow
Cornell Creek
North Fork Nooksack
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Dakota Creek
Drayton Harbor
closure
closure
year round
WAC
							 173-501-030(2)
Deer Creek
Barrett Lake (Tenmile)
closure
closure
year round
WAC
							 173-501-030(2)
Fishtrap Creek (incl. Double
Ditch)
Nooksack River
closure
closure
year round
WAC
							 173-501-030(2)
Fourmile Creek
Tenmile Creek
closure
closure
year round
Gallop Creek
North Fork Nooksack
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Hutchinson Creek
South Fork Nooksack
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Johnson Creek
Sumas River
closure
closure
year round
WAC
							 173-501-030(2)
Kamm Ditch/Stickney Slough
Nooksack River
closure
closure
year round
natural flow
Kendall Creek
North Fork Nooksack
open
closure
year round
WAC
							 173-501-030(2)
Maple Creek
North Fork Nooksack
open
closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Nooksack River -
mainstem
Bellingham Bay
low flow
minimum flow
(new flow)
WAC
							 173-501-030(2)
Nooksack River -
Middle Fk.
Nooksack River
low flow
minimum flow
(new flow)
WAC
							 173-501-030(2)
Nooksack River -
North Fk.
Nooksack River
low flow
partial year closure
Sept. 1-Oct. 31
WAC
							 173-501-030(2)
Nooksack River -
South Fk.
Nooksack River
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Oyster Creek
Samish Bay
open
closure
year round
natural flow
Padden Creek
Bellingham Bay
open
closure
year round
natural flow
Porter Creek
Middle Fork Nooksack
open
partial year closure
July 1-Oct. 1
WAC
							 173-501-030(2)
Racehorse Creek
North Fork Nooksack
open
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Saar Creek
Vedder Canal-Canada
open
closure
year round
WAC
							 173-501-030(2)
Saxon Creek
South Fork Nooksack
open
closure
year round
natural flow
Silver Creek
Nooksack River
low flow
partial year closure
May 1-Oct. 31
WAC
							 173-501-030(2)
Skookum Creek
South Fork Nooksack
low flow
partial year closure
July 1-Oct. 31
WAC
							 173-501-030(2)
Smith Creek
Nooksack River
low flow
partial year closure
May 1-Oct. 31
WAC
							 173-501-030(2)
Squalicum Creek
Bellingham Bay
closure
closure
year round
Sumas River
Vedder Canal-Canada
closure
closure
year round
WAC
							 173-501-030(2)
Tenmile Creek
Nooksack River
closure
closure
year round
WAC
							 173-501-030(2)
Terrell Creek
Birch Bay
open
partial year closure
May 1-Oct. 31
WAC
							 173-501-030(2)
Thompson Creek
Glacier Cr./N. Fk.
open
partial year closure
July 1-Oct. 31
natural flow
Unnamed Stream -
Elder Ditch/Scott
Ditch
Nooksack River
low flow
low flow
Unnamed stream -
White Creek
Colony Creek
closure
closure
Whatcom Creek*
Bellingham Bay
open
closure
year round
natural flow
Wiser Lake Creek
Nooksack River
low flow
partial year closure
May 1-Oct. 31
WAC
							 173-501-030(2)
Lummi Indian Reservation
Streams
Tenmile Creek
closure
closure
Barrett Lake
closure
closure
NA
Green Lake
Fourmile Creek
closure
closure
NA
Lake Terrell
Terrell Creek
closure
closure
NA
Lake Whatcom**
Whatcom Creek
court-ordered
lake level
closure
year round
Wiser Lake
Wiser Lake Creek
closure
closure
NA
For streams listed as "natural flow," insufficient data are
				available to develop instream flows outside the closure period. Water right
				applications for consumptive use will be considered on a case by case basis in
				consultation with the departments of fisheries and game; tribes will also be
				notified.
Streams which are not specifically listed in this regulation
				are affected by the regulation if they are tributary to streams or lakes listed
				herein; otherwise such streams are not affected.
*
No exemptions. See WAC
							 173-501-070(2).
**
Lake Whatcom and its tributaries are closed to all
							 further consumptive appropriation; however, any water right applications for
							 consumptive use which were on file with the department of ecology on August 7,
							 1985 shall be exempt from the closure through the period extending one year
							 from the effective date of this chapter.
(2)
			 When a project (as described in WAC
			 173-501-030(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:
				  RCW
				  90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-040, filed 12/4/85.