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 173-545-060 - Instream flows based on watershed planning

Current through Register Vol. 24-14, July 15, 2024
(1) The instream flows established in this
			 section are based on the recommendations of the Wenatchee watershed planning
			 unit and public input received during the rule-making process. These instream
			 flows are established under
			 RCW
			    90.82.080, and are necessary to meet the
			 water resource management and ecosystem maintenance objectives of the Wenatchee
			 watershed plan.
(2) Instream flows
			 established in this section protect stream flows from future appropriations,
			 and preserve flow levels that are necessary to protect wildlife, fish, water
			 quality, aesthetic and other environmental values, recreation, and navigational
			 values.
(3) Instream flows in
			 subsection (7) of this section established at new locations or in larger
			 amounts than the instream flows in WAC
			 173-545-050(1) are water rights with a priority date of November 2, 2001.
(4) All water rights (surface and
			 groundwater) established after the effective date of this rule, and not covered
			 under the reservation in WAC
			 173-545-090, are subject to these
			 instream flows. Water rights junior to the instream flow may be exercised when
			 flow or groundwater conditions will provide enough water to satisfy senior
			 rights, including the instream flows. New appropriations which would conflict
			 with instream flows shall be authorized only in situations where it is clear
			 that the overriding considerations of the public interest will be
			 served.
(5) Based upon the
			 department's determination of overriding considerations of public interest, the
			 reservation of water established in WAC
			 173-545-090 is not subject to the
			 instream flows in subsection (7) of this section or WAC
			 173-545-050(1).
(6) Instream flows are expressed in cubic
			 feet per second (cfs). Instream flows are measured at the control stations
			 identified in WAC
			 173-545-040.
(7) Instream flows are established for the
			 stream management units in WAC
			 173-545-040, as follows:
Instream Flows in the Wenatchee River
				Basin
Based on Watershed Planning
(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
ECY 45J070 Nason Cr. near Mouth
Jan
1
550
267
1933
120
15
550
267
1933
120
Feb
1
550
267
1933
120
15
550
566
2800
160
Mar
1
550
518
2800
160
15
700
518
2800
160
Apr
1
910
650
2800
160
15
1150
650
2800
160
May
1
1500
650
2800
160
15
2000
650
2800
160
Jun
1
2500
650
2800
160
15
2000
550
1933
210
Jul
1
1500
550
1933
210
15
1200
550
1933
210
Aug
1
880
400
1933
180
15
700
343
1400
180
Sep
1
660
275
1311
165
15
620
275
1311
165
Oct
1
580
267
1932
120
15
520
267
2672
120
Nov
1
550
267
2900
120
15
550
267
2900
120
Dec
1
550
267
1933
120
15
550
267
1933
120
Instream Flows in the Wenatchee River
				Basin
(cont'd)
(instantaneous cubic feet per second)
Month
Day
12-4625.00 Wenatchee R. at Monitor
ECY 45F070 Peshastin Cr. at Green Bridge Rd.
Chumstick Cr. at North Road
Jan
1
1867
53
To be determined (tbd)
15
1867
53
Feb
1
1867
53
tbd
15
2400
120
Mar
1
2400
120
tbd
15
2400
120
Apr
1
2400
120
tbd
15
2400
120
May
1
2400
120
tbd
15
2400
120
Jun
1
2400
120
tbd
15
1600
110
Jul
1
1600
110
tbd
15
1600
110
Aug
1
1600
80
tbd
15
900
80
Sep
1
900
80
tbd
15
1338
80
Oct
1
1723
53
tbd
15
2427
53
Nov
1
2800
53
tbd
15
2800
53
Dec
1
1867
53
tbd
15
1867
53
(8)
			 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
			 173-545-060(7).
(9) Future consumptive water right permits
			 issued hereafter for the withdrawal of surface and groundwater from the
			 mainstem Wenatchee River and tributaries shall be subject to instream flows
			 established in subsection (7) of this subsection, except for those withdrawals
			 eligible for the reservation under WAC
			 173-545-090.
(10) Projects that would reduce the flow in a
			 portion of a stream's length (e.g.: Hydroelectric diversion projects) are
			 consumptive with respect to the bypassed portion of the stream and are subject
			 to specific instream flow requirements for the bypassed reach. The department
			 may require detailed, project-specific instream flow studies to determine a
			 specific instream flow for the bypassed reach. The flows established in
			 subsection (7) of this section shall apply to the bypassed stream reach unless
			 the department, by order, determines that different flows may be maintained in
			 the bypassed reach.
Statutory Authority: Chapters 90.82,
				  90.54, 90.22,
				  90.03, and
				  90.44 RCW. 08-01-045 (Order 07-06),
				  § 173-545-060, 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), § 173-545-060, filed
				  6/3/83.