Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-528 - Water resources management program for the Salmon-Washougal basin, WRIA 28 › Part A - GENERAL › Section 173-528-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter, the following definitions shall
				  be used:
"Allocation" means the designation of specific amounts of
				  water for specific beneficial uses.
"Appropriation" means a beneficial use of waters of the
				  state, authorized by and consistent with all applicable laws and
				  regulations.
"Community water supplier" means an entity that supplies
				  water for fifteen or more residential service connections or for providing
				  residential use of water for a nonresidential population that is, on average,
				  at least twenty-five people for at least sixty days a year.
"Consumptive use" means a use of water whereby there is
				  diminishment of the amount or quality of the water source.
"Ecology" means the Washington state department of
				  ecology.
"Environmental restoration project" or "ERP" means a project
				  with a primary purpose of restoring salmonids, requiring a temporary use of
				  water.
"Habitat-forming function" means a physical, chemical, or
				  biological function that is necessary to create and maintain natural or desired
				  habitat conditions that benefit fish and other aquatic life. Habitat forming
				  functions include but are not limited to creating and maintaining the
				  following: Channel migration, gravel and sediment transport, water quality,
				  nutrients, large woody material recruitment, flood plain flows, and riparian
				  habitat.
"Habitat-related action" means enhancing desirable riparian,
				  stream, wetland, or flood plain functions and related biological, chemical, and
				  physical processes.
"Instream flow" means a level of stream flow, established
				  under chapters 90.03,
				  90.22, 90.54 and 90.82
				  RCW, necessary in perennial streams to preserve wildlife, fish, scenic,
				  aesthetic, and other environmental and navigational values. The term instream
				  flow is synonymous with "minimum flow" as used in
				  chapters
				  90.03 and 90.22 RCW, "base
				  flow" as used in
				  chapter
				  90.54 RCW, and "minimum
				  instream flow" as used in chapter 90.82 RCW.
"Interruptible use" means a type of water use that relies
				  upon withdrawals on a periodic or seasonal basis that if interrupted would not
				  cause substantial hardship or health or safety concerns, or that is highly
				  unlikely to be interrupted during the expected period of use. For the purposes
				  of this chapter, interruptible uses are subject to the instream flows set in
				  WAC 173-528-060.
"Net stream flow depletion" means the total depletion of
				  water from a subbasin that may be available for future use under the
				  reservation set in this chapter. The net stream flow depletion equals the flow
				  depletion that remains after performance of offsetting actions, and is
				  available for use only after applicable conditions in WAC
				  173-528-110 have been met.
"Nonconsumptive use" means a type of water use where either
				  there is no diversion or withdrawal from a source or where there is no
				  diminishment of the amount or quality of the water source.
"Permit-exempt withdrawal" or "permit exemption" means a
				  groundwater withdrawal exempted from permit requirements under
				  RCW
				     90.44.050, but otherwise subject to surface
				  and groundwater statutes and other applicable laws. For the purpose of this
				  chapter, stockwater use does not include feedlots or other activities not
				  related to normal grazing land uses.
"Planning unit" means the Salmon-Washougal and Lewis
				  watershed planning unit, established under chapter 90.82 RCW, and all
				  successors, formally designated by the Salmon-Washougal and Lewis watershed
				  planning initiating governments.
"Public water system" means any system, excluding a system
				  serving only one single-family residence and a system with four or fewer
				  connections all of which serve residences on the same farm, providing piped
				  water for human consumption, including any collection, treatment, storage, or
				  distribution facilities under control of the purveyor and used primarily in
				  connection with the system; and collection or pretreatment storage facilities
				  not under control of the purveyor but primarily used in connection with the
				  system.
"Regional supply area" means a defined area where ecology
				  finds water to be available for future groundwater withdrawal. Regional supply
				  areas are designated by WAC
				  173-528-090 or by order of
				  ecology.
"Reservation" means a one time, finite allocation of water
				  for future beneficial uses. For the purposes of this chapter, the reservation
				  is not subject to instream flows set in WAC
				  173-528-060, nor to closures set
				  in WAC 173-528-070. The reservation is
				  senior to the instream flow water rights set in WAC
				  173-528-060.
"Water-related action" means an offsetting activity that
				  provides a quantity of water during certain times and at certain places that
				  essentially replaces water at or upstream of where a proposed water right would
				  impact surface flow. Water-related actions include but are not limited to
				  acquiring an active water right or donation of a water right to the trust water
				  right program under chapter 90.42 WAC.
"Water right" means a right to make beneficial use of public
				  waters of the state, including any water right established for instream flow
				  purposes or a permit-exempt groundwater withdrawal.
"Watershed plan" means the Salmon-Washougal and Lewis
				  watershed management plan, adopted on July 21, 2006, by the Clark, Cowlitz, and
				  Skamania county commissioners.
"Withdrawal" means the extraction of groundwater, or the
				  diversion of surface water for a beneficial use.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-020, filed 12/19/08, effective
					 1/19/09.