reglab/statecodes huggingface dataset:
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 173-549-060 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
If department investigations determine that there is
				significant hydraulic continuity between surface water and the proposed
				groundwater source, any water right permit or certificate issued shall be
				subject to the same conditions as affected surface waters. If department
				investigations determine that withdrawal of groundwater from the source
				aquifers would not interfere with stream flow during the period of stream
				closure or with maintenance of minimum instream flows, then applications to
				appropriate public groundwaters may be approved.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-060, filed 6/20/84; Order DE 76-25,
				  § 173-549-060, 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 173-549-070 - Effect on prior rights and exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this chapter shall affect any
			 existing water rights including, among others, riparian, appropriative, and
			 federal Indian and non-Indian reserved rights, 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) Single domestic use
			 and stockwatering use shall be exempt from the provisions established in this
			 chapter except that, when the cumulative impacts of numerous domestic
			 diversions begins to significantly affect the quantity of water available for
			 instream uses or the maintenance of lake levels, then any water rights issued
			 after that time shall be issued only for in-house use if no alternative supply
			 is available.
(3) Nonconsumptive
			 uses which are compatible with the intent of the chapter may be
			 approved.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-070, filed 6/20/84; Order DE 76-25,
				  § 173-549-070, 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 173-549-080 - Future rights

Current through Register Vol. 24-14, July 15, 2024
No rights to divert or store public surface or groundwaters of
				the Okanogan River Basin, WRIA 49, shall hereafter be granted which shall
				conflict with the purpose of this chapter except as provided in
				RCW
				   90.54.020(3)(a).
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-080, 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 173-549-090 - 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),
				  § 173-549-090, filed 6/9/88. Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-090, 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 173-549-095 - 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),
				  § 173-549-095, 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 173-549-100 - 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),
				  § 173-549-100, filed 6/9/88. Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-100, 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 173-549-900 - Minimum instream flow hydrographs

Current through Register Vol. 24-14, July 15, 2024
Click to view
							 image
Click to view
							 image
Click to view
							 image
Click to view
							 image
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW.
				  84-13-076 (Order DE 84-15), § 173-549-900, filed
				  6/20/84.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-010 - 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 Little Spokane River
				basin, WRIA-55 (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 173-555 WAC.
				In the area where this rule and chapter 173-557 WAC overlap, the application of
				each rule shall be determined as follows:
(1) New water use from the Little Spokane
			 River, its tributaries, and the shallow aquifer associated with the Little
			 Spokane River and its tributaries that is not part of the SVRP aquifer shall be
			 regulated under this rule (chapter 173-555 WAC).
(2) New water use from the Spokane Valley
			 Rathdrum Prairie aquifer shall be regulated under chapter 173-557 WAC, Water
			 resource management program for the Spokane River and Spokane Valley Rathdrum
			 Prairie (SVRP) aquifer.
Order DE 75-24, § 173-555-010, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-020 - Definition

Current through Register Vol. 24-14, July 15, 2024
"NONCOMMERCIAL AGRICULTURAL IRRIGATION" means beneficial use of
				water upon not more than three acres for the purpose of crops and livestock for
				domestic use.
Order DE 75-24, § 173-555-020, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-030 - Establishment of base flows

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Base flows are established for stream management units with monitoring to take
			 place at certain control points as follows:
Stream Management Unit
				Information
Control Station
Number, Stream
Management
Unit Name
Control Station
Location by River
Mile and Section,
Township Range
Affected
Stream
Reach
No. 12-4270.00
Little Spokane River
Elk
34.6
Sec. 8, T.29N.,
R.43 E.W.M.
From confluence
with Dry Creek to
the headwaters
including tribu-
taries except Dry
Creek.
No. 12-4295.00
Little Spokane River
Chattaroy
23.05
Sec. 34, T.28N.,
R.43 E.W.M.
From confluence
with Deer Creek
to confluence
with Dry Creek
including tribu-
taries except
Deer Creek.
No. 12-4310.00
Little Spokane River
Dartford
10.8
Sec. 6, T.26N.,
R.43 E.W.M.
From confluence
with Little Creek
to confluence
with Deer Creek
including tribu-
taries except
Little Creek.
No. 12-4315.00
Little Spokane River
Confluence
3.9
Sec. 3, T.26N.,
R.42 E.W.M.
From mouth to
confluence with
Little Creek
including tribu-
taries.
(2)
			 Base flows established for the stream management units in WAC
			 173-555-030(1) are as follows:
Base Flows in the Little Spokane River
				Basin
(in Cubic Feet Per Second)
Month
Day
12-4270.00
Elk
12-4295.00
Chattaroy
12-4310.00
Dartford
12-4315.00
Confluence
Jan.
1
40
86
150
400
15
40
86
150
400
Feb.
1
40
86
150
400
15
43
104
170
420
Mar.
1
46
122
190
435
15
50
143
218
460
Apr.
1
54
165
250
490
15
52
143
218
460
May
1
49
124
192
440
15
47
104
170
420
Jun.
1
45
83
148
395
15
43
69
130
385
Jul.
1
41.5
57
115
375
15
39.5
57
115
375
Aug.
1
38
57
115
375
15
38
57
115
375
Sept.
1
38
57
115
375
15
38
63
123
380
Oct.
1
38
70
130
385
15
39
77
140
390
Nov.
1
40
86
150
400
15
40
86
150
400
Dec.
1
40
86
150
400
15
40
86
150
400
(3)
			 Base Flow hydrographs, Figure II-1 in the document entitled "water resources
			 management program in the Little Spokane River Basin" dated August, 1975 shall
			 be used for definition of base flows on those days not specifically identified
			 in WAC 173-555-030(2).
(4) All rights hereafter established shall be
			 expressly subject to the base flows established in sections WAC
			 173-555-030(1) through
			 (3).
Order DE 75-24, § 173-555-030, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-040 - Future allocations - Reservation of surface water for beneficial uses

Current through Register Vol. 24-14, July 15, 2024
(1) The department
			 determines that these 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) Surface water available from the east
			 branch of the Little Spokane River, confluence with Dry Creek to headwaters,
			 based on measurement at control station number 12-4270.00 at Elk are:
Month
May
June
July
Aug.
Sept.
Oct.
Date
1
15
1
15
1
15
1
15
1
15
1
15
Amount
26
22
17
14
11
9
5
5
5
5
5
5
(b)
			 Surface water available from the Little Spokane River from confluence with
			 Little Creek at Dartford to Eloika Lake outlet, and to confluence with Dry
			 Creek based on measurement at control station number 12-4310 at Dartford are:
Month
May
June
July
Aug.
Sept.
Oct.
Date
1
15
1
15
1
15
1
15
1
15
1
15
Amount
340
236
152
103
62
34
11
11
11
11
20
20
(c)
			 Available surface waters for those days not specified in (a) and (b) shall be
			 defined from Figures II-3 and II-4 in the document entitled "water resources
			 management program in the Little Spokane River basin" dated August,
			 1975.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-050 - 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
			 173-555-040(2)(a) and
			 (b), all rights established in (a) shall be
			 superior to those pertaining to (b) 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
			 173-555-040, the date of priority
			 shall control with an earlier dated right being superior to those rights with
			 later dates.
Order DE 75-24, § 173-555-050, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-060 - Streams and lakes closed to further consumptive appropriations

Current through Register Vol. 24-14, July 15, 2024
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 except for domestic and normal stockwatering purposes excluding
				feedlot operation:
SURFACE WATER CLOSURES
Stream*
Name
Affected
Reach
Date of
Closure
Period of
Closure
Dry Creek
Mouth to
headwaters
5-26-1952
1 June-31 Oct.
Otter Creek
Mouth to
headwaters
2-23-1971
"
Bear Creek
Mouth to
headwaters
4-13-1953
"
Deer Creek
Mouth to
headwaters
2-29-1968
"
Dragoon Creek
Mouth to
headwaters
7-02-1951
"
Deep Creek
Mouth to
headwaters
6-14-1961
"
Deadman
Creek1/
Mouth to
headwaters
11-28-1961
"
Little Creek
Mouth to
headwaters
4-13-1953
"
W. Branch
Little Spokane River
Outlet of Eloika Lake to headwaters
Date of adoption
"
All natural lakes in the basin
"
"
*
Includes all tributaries in the contributing drainage
							 area unless specifically excluded.
1/
An unnamed tributary flowing through Sec. 20, T26N.,
							 R.44E. is exempted from closure.
Order DE 75-24, § 173-555-060, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-070 - 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 the existing rights acquired by appropriation or
				otherwise.
Order DE 75-24, § 173-555-070, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-080 - 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),
				  § 173-555-080, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-090 - 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),
				  § 173-555-090, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-555 - Water resources program in the Little Spokane River basin, WRIA-55 › Section 173-555-100 - 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),
				  § 173-555-100, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department of ecology (ecology) adopts this rule under the authority of the
			 Watershed Planning Act (chapter 90.82 RCW), Water Resources Act of 1971
			 (chapter
			 90.54 RCW), Water code
			 (chapter
			 90.03 RCW), Regulation of
			 public groundwaters (chapter 90.44
			 RCW), Minimum Water Flows and Levels Act (chapter 90.22 RCW), Water well
			 construction (chapter 18.104 RCW);
			 RCW
			    43.21A.064(9) and
			 43.21A.080; and in accordance with
			 the water resources management program regulation (chapter 173-500
			 WAC).
(2) The purposes of this rule
			 are to:
(a) Establish instream flow levels
			 necessary to protect wildlife, fish, scenic, aesthetic, recreation, water
			 quality and other environmental values, navigational values, and stock watering
			 requirements;
(b) Meet water
			 resource management objectives of the Spokane area watershed plans adopted
			 under chapter 90.82 RCW;
(c)
			 Protect existing water rights; and
(d) Establish and protect Washington state
			 interests in the water resources of the Spokane River.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This rule
			 applies to the mainstem of the Spokane River and all surface water and
			 groundwater within the boundary of the SVRP aquifer, as identified in
U.S. Geological Survey Scientific Investigations Report
			 2007-5041
. The map provided in WAC
			 173-557-110 is for informational
			 purposes only. Hydrologic evidence of the SVRP aquifer determines applicability
			 of this rule.
(2) This rule does
			 not supersede the instream flow rule of the Little Spokane River (chapter
			 173-555 WAC), except where a proposed withdrawal is from waters in hydraulic
			 continuity with the SVRP aquifer as determined by ecology. In the area where
			 this rule and chapter 173-555 WAC overlap, the application of each rule shall
			 be determined as follows:
(a) New water use
			 from the Little Spokane River, its tributaries, and the shallow aquifer
			 associated with the Little Spokane River and its tributaries that is not part
			 of the SVRP aquifer shall be regulated under chapter 173-555 WAC; and
(b) New water use from the SVRP aquifer shall
			 be regulated under chapter 173-557 WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
"Appropriation"
means the process of legally
				acquiring the right to use specific amounts of water for beneficial uses,
				consistent with the ground and surface water codes and other applicable water
				resource statutes.
"Consumptive use"
means use of water that
				diminishes the volume or quality of the water source.
"Ecology"
or
"department"
means the
				Washington state department of ecology.
"Hydraulically connected"
means saturated
				conditions exist that allow water to move between surface water and
				groundwater, or between groundwater sources.
"Instream flow"
means a stream flow level set in
				rule to protect and preserve fish, wildlife, scenic, aesthetic, recreational,
				water quality, and other environmental values; navigational values; and stock
				watering requirements. The term "instream flow" means "base flow" under
				chapter
				90.54 RCW, "minimum flow"
				under chapters 90.03
				and 90.22 RCW, and "minimum instream flow" under chapter 90.82 RCW.
"Mitigate"
or
"mitigated"
means
				actions taken to offset adverse impacts by new water appropriations on senior
				water rights, including the instream flow levels set in WAC
				173-557-050.
"Municipal water supplier"
means an entity that
				supplies water for municipal water supply purposes as defined in
				RCW
				   90.03.015.
"Permit-exempt groundwater withdrawal"
means a
				groundwater withdrawal exempted from ecology water right permitting
				requirements under
				RCW
				   90.44.050, but which is otherwise subject to
				the groundwater code and other applicable regulations.
"Stream management unit"
means a stream segment,
				reach, or tributary used to describe the area to which a particular use,
				action, or instream flow level applies. Each of these units contains a control
				station. A map of the control stations is included in WAC
				173-557-110.
"SVRP aquifer"
means the Spokane Valley Rathdrum
				Prairie aquifer.
"
U.S. Geologic Survey Scientific Investigations
				Report 2007-5041
"
refers to the hydrogeologic framework and
				groundwater budget of the Spokane Valley Rathdrum Prairie aquifer, Spokane
				County, Washington, and Bonner and Koo-tenai counties, Idaho;
U.S.
				Geologic Survey Scientific Investigations Report 2007-5041
by Kahle,
				S.C., and Bartolino, J.R., 2007.
"Water resource inventory area (WRIA) "
means one
				of the sixty-two areas designated by the state of Washington through chapter
				173-500 WAC to delineate area boundaries within the state for water management
				purposes.
"Withdrawal"
means the extraction and beneficial
				use of groundwater, or the diversion and beneficial use of surface
				water.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-040 - Stream management units

Current through Register Vol. 24-14, July 15, 2024
Stream management units, control stations, and their
				application to surface water and groundwater withdrawals are established as
				shown in Table 1. Control stations are shown in the map in WAC
				173-557-110.
Table 1 Stream Management Unit Information
Stream Management Unit Name and Control Station
						Gauge #
Control Station by River Mile (RM); Latitude (Lat.),
						Longitude (Long.)
Application to Surface Water and Groundwater
						Withdrawals
Spokane River at Spokane USGS gauge #12422500
RM 72.9; 47.65983N, 117.44911W (NAD 83)
Year-round instream flows for regulating surface water
						withdrawals from Sullivan Road bridge to Seven Mile bridge, and for regulating
						groundwater withdrawals within the boundary of the SVRP aquifer in Washington
						state
Spokane River at Greenacres (Barker Road) USGS gauge
						#12420500
RM 90.5; 47.67740N, 117.15215W (NAD 83)
June 16 - September 30 instream flows for regulating
						surface water withdrawals between the Idaho state line and Sullivan Road bridge
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-050 - Instream flows

Current through Register Vol. 24-14, July 15, 2024
(1) The priority
			 date of the instream flows established in this chapter is the effective date of
			 this chapter.
(2) Instream flows,
			 expressed in cubic feet per second (cfs), are shown in Table 2 of this section.
			 Instream flows are monitored at the stream management control stations and
			 apply to the stream management units described in WAC
			 173-557-040, Table 1.
Table 2 Instream Flows for the Spokane
				River
Spokane River at Spokane
October 1 - March 31
1,700 cfs
April 1 - June 15
6,500 cfs
June 16 - September 30
850 cfs
Spokane River at Greenacres (Barker
						Road)
June 16 - September 30
500 cfs
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-060 - Future new uses of water

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Instream flows established in this rule are water rights and shall be protected
			 from impairment by:
(a) New water right
			 permits approved by ecology after the effective date of this chapter;
			 or
(b) Permit-exempt withdrawals
			 established within the area regulated under this chapter after the effective
			 date of this chapter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-070 - Changes and transfers of existing water rights

Current through Register Vol. 24-14, July 15, 2024
No changes to, or transfers of, existing surface water and
				groundwater rights in the area covered under this rule shall hereafter be
				granted if they conflict with the protection of the instream flow levels
				established in 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 this chapter, will not be impaired.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-080 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
Ecology shall enforce this rule in accordance with
				chapters
				90.03 and
				90.44 RCW, and any other applicable
				laws and rules.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-090 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of ecology pertaining to water
				right permits, regulatory orders, and related water right decisions made
				pursuant to this rule are subject to appeal to the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-100 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
Ecology, after consultation with local, tribal, and state
				governments, may initiate a review, and if necessary amend this chapter,
				following the procedures of
				chapter
				34.05 RCW, if: Significant
				new scientific information becomes available; a significant change in
				conditions occurs; anadromous fish are reintroduced; a large storage project is
				proposed in the area affected by this rule; or statutory changes are enacted,
				that are determined by the department to require review of this
				rule.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-557 - WATER RESOURCES MANAGEMENT PROGRAM FOR THE SPOKANE RIVER AND SPOKANE VALLEY RATHDRUM PRAIRIE (SVRP) AQUIFER › Section 173-557-110 - Map of the rule area with control points

Current through Register Vol. 24-14, July 15, 2024
In administering this chapter, hydrologic evidence of the SVRP
				aquifer as defined in WAC
				173-557-020(1) determines applicability. The map in Figure 1 of this section, generally
				reflects the boundary of the SVRP aquifer and is provided for informational
				purposes only.
Figure 1 - Spokane River and Spokane Valley Rathdrum
				Prairie Aquifer-Rule Area and Control Stations
Click Here
				To View Image
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This regulation is adopted in accordance with the water
				resources management regulation, chapter 173-500 WAC, which was promulgated
				under the authority of the Water Resources Act of 1971,
				chapter
				90.54 RCW. This chapter,
				including any amendments, applies to all waters that lie within or contribute
				to the Colville River drainage basin. This chapter sets forth the department's
				policies to manage the basin's water resources.
Order DE 77-6, § 173-559-010, filed
				  7/22/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following definitions shall
				be used.
(1) "Allocation" means the
			 designating of specific amounts of the water resource for specific beneficial
			 uses.
(2) "Base flow" means a level
			 of stream flow established in accordance with provisions of
			 chapter
			 90.54 RCW required in
			 perennial streams to preserve wildlife, fish, scenic, aesthetic, and other
			 environmental and navigational values.
(3) "Consumptive use" means use of water,
			 whereby there is diminishment of the water resources.
(4) "Department" means the Washington state
			 department of ecology.
(5)
			 "Director" means the director of the department of ecology.
(6) "Domestic use" means use of water
			 associated with human health and welfare requirements, including water used for
			 drinking, bathing, sanitary purposes, cooking, laundering, irrigation of not
			 over one-half acre of lawn and garden per dwelling, and other incidental
			 household uses.
(7) "Hydrograph" is
			 a graph showing the variation of streamflow (or stream discharge) with respect
			 to time during a year as determined at a specific cross-sectional location on
			 the stream.
(8) "In-house domestic
			 use" means use of water for drinking, cleaning, sanitation, and other uses in a
			 residence, excluding irrigation of lawn and garden.
(9) "Nonconsumptive use" means a type of
			 water use where either there is no diversion from a source body, or where there
			 is no diminishment of the source.
(10) "Perennial stream" means a stream with a
			 natural flow which is normally continuous at any given location.
(11) "Reservoir permit" means a water right
			 permit which authorizes construction of an impoundment structure, storage of
			 water and generally the use of water in the amount of one filling
			 annually.
(12) "Secondary permit"
			 means a water right permit which allows diversion of water for beneficial use
			 from a storage reservoir. A secondary permit is necessary only for use in
			 excess of one filling annually, or for diversion and use by a party other than
			 the reservoir owner.
(13) "Stream
			 management unit" means a stream segment, reach, or tributary, containing a
			 control station, that is identified on a stream reach map in an adopted water
			 resource management program document as a unit for defining base flow
			 levels.
(14) "Water right" means a
			 right to make beneficial use of public waters of the state.
Order DE 77-6, § 173-559-020, filed
				  7/22/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-030 - Establishment of base flows

Current through Register Vol. 24-14, July 15, 2024
RCW    90.54.020 requires that
				perennial rivers and streams shall be retained with base flows necessary to
				provide for preservation of wildlife, fish, scenic, aesthetic, and other
				environmental values and navigational values. Under this provision, base flows
				for stream management units of a basin are established which describe discharge
				rates at stream measurement stations in each unit. The following subsections,
				WAC 173-559-030(1) through
				(4), establish these requirements for WRIA
				59:
(1) In the Colville River basin,
			 monitoring of base flows will take place at the following control points:
Table 1 Stream Management Units
Stream Management
Unit and Control
Station Number
Control Station Location
by River-Mile, and Sec-
tion Township and Range
Stream
Management
Reach
Upper Colville River
32.1
Colville River
No. 12.4080.00
Sec. 31, T. 33 N.,
from confluence
R. 40 E.W.M.
with Stensgar
Creek to
confluence of
Sheep Creek
and Deer Creek.
Lower Colville River
5.0
Colville River
No. 12.4090.00
Sec. 29, T. 36 N.,
from confluence
R. 38 E.W.M.
with Lake
Roosevelt to
confluence with
Stensgar Creek.
(2) In
			 the Colville River basin, base flows for the stream management units in WAC
			 173-559-030(1) are set in Table 2 as follows:
Table 2 Base Flows in the Colville River
				basin
(in Cubic Feet Per Second)
Month
Day
Upper
Colville
(12.4080.00)
Lower
Colville
(12.4090.00)
Jan.
1
30
80
15
30
80
Feb.
1
30
80
15
38
100
Mar.
1
47
124
15
59
157
Apr.
1
76
200
15
76
200
May
1
49
200
15
32
135
Jun.
1
20
90
15
17
70
Jul.
1
15
55
15
13
43
Aug.
1
11
33
15
11
33
Sep.
1
14
40
15
18
49
Oct.
1
22
60
15
27
70
Nov.
1
35
84
15
43
100
Dec.
1
43
100
15
36
90
(3)
			 Figure 1, base flow hydrographs for selected stations, shall be used to define
			 base flows on those days not identified in WAC
			 173-559-030(2).
(4) All surface water rights, established by
			 appropriation in the Upper Colville and Lower Colville stream management units
			 after adoption of this regulation, shall be subject to the base flows set in
			 WAC 173-559-030(1) through
			 (3). However, these base flows will not apply
			 to in-house domestic use and stock watering use, if an alternate source is not
			 available to satisfy these uses. If the cumulative impact of numerous single
			 in-house domestic use diversions is determined to substantially affect a
			 stream's base flow or existing rights, then new permits for this use may be
			 denied.
Figure 1 BASE FLOW HYDROGRAPH FOR SELECTED
				STATIONS
Click to view
							 image
Order DE 77-6, § 173-559-030, filed
				  7/22/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-040 - Allocation for future surface water appropriations

Current through Register Vol. 24-14, July 15, 2024
(1) The department determines that surface
			 water is available for appropriation from the Upper Colville River stream
			 management unit and the Lower Colville River stream management unit except as
			 provided in WAC
			 173-559-050(2).
			 Tables 3 and 4 show the available amounts in cubic feet per second during
			 specified periods, as follows:
Table 3
Allocation of Public Surface Water from the
Upper Colville River Stream Management Unit
(Units in Cubic Feet Per Second)
Month
Base
Flow
Future
Consumptive
Uses
Jan.
30
47
Feb.
41
68
Mar.
61
129
April
44
256
May
20
192
June
13
93
July
1-15
12
18
16-31
12
0
Aug.
11
0
Sept.
17
0
Oct.
27
16
Nov.
43
21
Dec.
36
37
Table 4
Allocation of Public Surface Water from the
Lower Colville River Management Unit
(Units in Cubic Feet Per Second)
Month
Base
Flow
Future
Consumptive
Uses
Jan.
80
47
Feb.
100
68
Mar.
157
129
April
200
256
May
135
256
June
70
94
July
1-15
43
18
16-31
43
0
Aug.
33
0
Sept.
49
0
Oct.
70
17
Nov.
100
21
Dec.
90
37
(2)
			 Total appropriations for nonconsumptive uses may exceed the allocation limits
			 specified in Tables 3 and 4.
(3)
			 Monthly allocations in Tables 3 and 4 do not apply to the use of stored water.
			 Specific provision will be included in all reservoir permits regarding period
			 of filling, use and release of water.
Order DE 77-6, § 173-559-040, filed
				  7/22/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-050 - Certain streams and lakes are closed to further consumptive appropriations

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department has determined that no water is available for further consumptive
			 appropriation in streams tributary to the Colville River. Therefore, these
			 tributary streams are closed to further consumptive appropriation except for
			 reservoir storage from November 1 through May 31. Applications for single
			 in-house domestic use, or stockwatering may be approved if no alternate source
			 of water supply is available and the proposed use will not impair existing
			 water rights.
(2) The Upper
			 Colville River and Lower Colville River will be closed to further consumptive
			 appropriation from July 16 through September 30, except for in-house domestic
			 use and normal stockwatering if no alternate source of water supply is
			 available.
(3) If the cumulative
			 impact of numerous single in-house domestic use diversions is determined to
			 substantially affect a closed stream's base flow, then new permits for this use
			 may be denied. Base flow levels for closed streams are specified in the
			 department's publication, "water resources management program, Colville River
			 basin."
(4) Appropriation of water
			 from streams tributary to the Colville River for out of stream storage and
			 on-stream storage shall be subject to the base flows recommended in the
			 department's publication, "water resources management program, Colville River
			 basin."
(5)
(a) Lakes included in table 5 are closed to
			 further consumptive appropriation for specified periods of the year, except for
			 in-house domestic and stockwatering uses. The department may deny applications
			 for domestic use if the cumulative effect of such diversions would be
			 detrimental to retaining a lake substantially in its natural condition.
Table 5 Lake Closures
Lake
Tributary to
Location
Period of Closure
Deer Lake
Sheep Creek
T. 30 N., R.
41 E. Secs. 1,
11,12,14
June 1-Oct. 31
Loon Lake
Sheep Creek
T. 30 N., R.
41, E. Secs. 33,
34., T.29 N., R.
41 E. Secs. 2,
3,4,10,11
June 1-Oct. 31
Waitts Lake
Waitts Creek
T. 31 N., R.
40 E. Secs.
17-20
June 1-Oct. 31
Jumpoff Joe
Lake
Colville River
T. 31 N., R.
40 E. Sec. 19
June 1-Oct. 31
White Mud Lake
T. 35 N., R.
40 E. Sec. 19.
June 1-Oct. 31
Heritage and
Thomas Lakes
Little Pend
Oreille River
T. 36 N., R.
42 E. Secs. 8,9,
17,18
June 1-Oct. 31
(b)
			 Appropriation of water from lakes not specified in table 5 will be permitted if
			 prior water rights will not be adversely affected and if the appropriation will
			 not conflict with the intent of
			 RCW
			    90.54.020(3)(a) which
			 stipulates, in part, that "lakes and ponds shall be retained substantially in
			 their natural condition."
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-060 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
If it is determined that a future development of groundwater
				affects surface waters subject to the provisions of WAC
				173-559-030 through
				173-559-050, then rights to said
				groundwater shall be subject to the same conditions as affects the surface
				water.
Order DE 77-6, § 173-559-060, filed
				  7/22/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-070 - Effects 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 by other
				means.
Order DE 77-6, § 173-559-070, filed
				  7/22/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-080 - 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 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-559-080, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-090 - 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 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-559-090, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-559 - Water resources program for the Colville River basin, WRIA-59 › Section 173-559-100 - 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),
				  § 173-559-100, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-010 - Background and purpose

Current through Register Vol. 24-14, July 15, 2024
The Columbia River is an international as well as an interstate
				river with its waters subject to laws of seven western states, the Province of
				British Columbia, Canada and the federal governments of the United States and
				Canada. The flows and levels of the river are in a state of continuous change
				through the operation of numerous federally owned or federally licensed dams
				located within the river. The waters of the Columbia River are operated to
				support extensive irrigation development, inland navigation, municipal and
				industrial uses, and hydroelectric power development. Among all these uses, the
				anadromous fisheries of the Columbia River, which are dependent on clean
				flowing water, require for their survival the establishment of minimum flows of
				water and special actions by all agencies sharing in the management of the
				Columbia River.
The provisions of this chapter apply, as a matter of state law,
				to water right permits issued pursuant to the state's water rights code. The
				provisions hereof shall provide the department of ecology the basic state
				policy relating to minimum flows and levels for the Columbia River, for
				submission to various federal, interstate and state agencies having
				jurisdiction over the river. Further, the department of ecology of the state of
				Washington recognizes that, under our federal constitutional system, regulatory
				powers over the river are shared powers between the United States and the state
				of Washington and that by various federal actions the state's powers may, and
				in some cases have been superseded through the mandates of the Supremacy Clause
				of the United States Constitution.
This chapter is adopted under state legislation, to promote the
				proper utilization of the water resources of the Columbia River and to protect
				and insure the viability of the instream resource values associated with the
				main stem of the Columbia River in the future through (1) the establishment of
				minimum flows on the main stem Columbia River in Washington state, and (2) the
				establishment of conservation and efficiency fundamentals relating to
				out-of-stream and instream uses and values.
Statutory Authority:
				  RCW
				  90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  80-08-021 (Order DE 80-2), § 173-563-010, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-030 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are adopted under the authority of
				chapters
				90.54, 90.22, and
				90.03 RCW, and in relation to
				chapter 173-500 WAC.
Statutory Authority:
				  RCW
				  90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  80-08-021 (Order DE 80-2), § 173-563-030, filed
				  6/24/80.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-052 - Establishment of instream flows for out-of-stream uses

Current through Register Vol. 24-14, July 15, 2024
In order to protect the quality of the natural environment and
				provide for preservation of wildlife, fish, scenic, aesthetic and other
				environmental values, and navigational values, the minimum average weekly flows
				listed in WAC
				173-563-040(3) are established for out-of-stream uses.
Statutory Authority:
				  RCW
				  90.54.040,
				  90.54.050,
				  chapters
				  90.03 and 90.22 RCW.
				  82-21-001 and 82-21-007 (Orders DE 82-35 and DE 82-35A), § 173-563-052,
				  filed 10/7/82 and 10/8/82.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-563 - Instream resources protection program for the main stem Columbia River in Washington state › Section 173-563-056 - Application of minimum average weekly flows to out-of-stream uses

Current through Register Vol. 24-14, July 15, 2024
(1) For the first
			 4,500 cfs of water rights issued subject to this program, the following
			 conditions shall apply:
(a) When the March 1
			 forecast of April-September runoff at The Dalles, Oregon (as published by the
			 National Weather Service in Water Supply Outlook for the Western United States)
			 is equal to or greater than 88 million acre-feet (MAF), no regulation of
			 out-of-stream diverters shall occur, regardless of the gaged flow of the
			 Columbia River.
(b) When the flow
			 forecast is less than 88 MAF but greater than 60 MAF, the department shall
			 encourage voluntary water conservation through appropriate notification of
			 water users in an attempt to foster efficient resource use.
(c) When the flow forecast is 60 MAF or less,
			 the department shall regulate out-of-stream diverters on the basis of
			 first-in-time is first-in-right whenever it is predicted that gaged flows will
			 fall below the minimum average weekly flows as established by this
			 chapter.