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 173-563-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to public surface waters of the main stem Columbia River in Washington
			 state and to any groundwater the withdrawal of which is determined by the
			 department of ecology to have a significant and direct impact on the surface
			 waters of the main stem Columbia River.
The extent of the "main stem" Columbia River shall be the
				Columbia River from the upstream extent of tidal influence (Bonneville
				Dam-River Mile 146.1) upstream to the United States-Canada border (River Mile
				745) and including those areas inundated by impounded waters at full pool
				elevations.
(2)Chapter
			 173-500 WAC, the general rules of the department of ecology for the
			 implementation of the comprehensive water resources program mandated by
			 RCW
			    90.54.040, applies to this chapter.
(3) Nothing in this chapter shall affect
			 existing water rights, riparian, appropriative, or otherwise, existing on the
			 effective date of this chapter, including existing rights relating to the
			 operation of any navigation, hydroelectric, or water storage reservoir, or
			 related facilities. This exemption includes rights embodied in all water right
			 permits and certificates existing on the effective date of this
			 chapter.
(4) The instream flows
			 established and implemented by this chapter for instream and out-of-stream
			 uses, and the average weekly flows applied by this chapter to out-of-stream
			 uses do not apply to any application for water from the main stem Columbia
			 River on which a decision is made by the department of ecology on or after July
			 27, 1997. Any water right application considered for approval or denial after
			 that date will be evaluated for possible impacts on fish and existing water
			 rights. The department will consult with appropriate local, state, and federal
			 agencies and Indian tribes in making this evaluation. Any permit which is then
			 approved for the use of such waters will be, if deemed necessary, subjected to
			 instream flow protection or mitigation conditions determined on a case-by-case
			 basis through the evaluation conducted with the agencies and tribes.
(5) Waters withdrawn by the United States
			 pursuant to
			 RCW
			    90.40.030 prior to the effective date of this
			 rule relating to the second half of the Columbia basin project, and water right
			 permits and certificates hereafter issued by the department of ecology
			 pertaining to such withdrawn waters, are not subject to the provisions of this
			 chapter.
(6) For the purposes of
			 this chapter, average weekly flows shall be the average of the daily average
			 flows reported in the Columbia River operational hydromet and management system
			 (CROHMS) for a seven-day period beginning at 12:01 a.m. Monday and ending at
			 midnight on Sunday. When the beginning of the seven-day period defined in this
			 section does not correspond to the dates on which flows are established in WAC
			 173-563-040, the flow
			 requirements for that week shall be the arithmetic average of the required
			 flows listed in WAC
			 173-563-040 for each of the seven
			 days, rounded to the nearest 1,000 cfs.
Statutory Authority:
				  Chapter
				  90.54 RCW, WAC
				  173-563-090 and ESHB 1110 (1997).
				  98-08-062 (Order 97-15), § 173-563-020, filed 3/30/98, effective 4/30/98.
				  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), § 173-563-020,
				  filed 10/7/82 and 10/8/82; 80-08-021 (Order DE 80-2), § 173-563-020, filed
				  6/24/80.