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 173-563-050 - Critical flow adjustment to, and waivers of, minimum instantaneous and average weekly flows

Current through Register Vol. 24-14, July 15, 2024
(1) The director of
			 the department of ecology, when he deems it to be an overriding public interest
			 requirement, may reduce the minimum instantaneous and/or average weekly flows
			 for the Columbia River established in this chapter up to twenty-five percent
			 during low flow years, except that in no case shall the outflow from Priest
			 Rapids be less than 36,000 cfs. The amount of the reduction (from zero to
			 twenty-five percent) shall be: (a) Based on the March 1 forecast for April
			 through September runoff at The Dalles, Oregon, as published by the National
			 Weather Service in Water Supply Outlook for the Western United States, and (b)
			 determined from Figure 1 in WAC
			 173-563-900.
(2) Prior to implementing the critical flow
			 adjustment to minimum flows in a low water year, the department of ecology
			 shall conduct a public hearing to announce its intentions and to solicit public
			 and agency comment on the proposed action.
(3) The department has determined that some
			 damage to instream values may be incurred at flow values equivalent to
			 eighty-eight million acre-feet or less. Therefore, the reduced flows shall be
			 referred to as critical flows and shall be authorized by the director of the
			 department of ecology under the critical flow adjustment only when the March 1
			 forecast of April through September flow at The Dalles is below eighty-eight
			 million acre-feet (MAF). The critical flows shall, in no case, provide less
			 than 39.4 MAF (seventy-five percent of 52.5 MAF for the April through September
			 period).
(4) The director of the
			 department of ecology may waive the state's minimum flow requirements
			 delineated in this chapter for a defined period of time for the purpose of
			 studying the impacts of various flow levels on the river system and its
			 operation when such studies are to be conducted in consultation with the
			 Washington departments of fisheries and/or wildlife and when said exemption is
			 requested by the departments of fisheries and/or wildlife. Such a request shall
			 be made by letter to the director of the department of ecology. This waiver may
			 include the Federal Energy Regulatory Commission studies to be conducted under
			 Docket No. E-9569 and any operational change which does not allow the flows
			 under this chapter to be met, but which, in the opinion of the director, still
			 provides a commensurate level of protection for instream resources.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-563-050, filed 6/9/88. 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), § 173-563-050,
				  filed 10/7/82 and 10/8/82; 80-08-021 (Order DE 80-2), § 173-563-050, filed
				  6/24/80.