reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-030 - Future allocation of surface water for beneficial uses

Current through Register Vol. 24-14, July 15, 2024
The department has determined that there are public waters
				available, subject to base flow, for allocation to beneficial uses from all
				streams within the Chehalis basin; except for those streams and times declared
				closed in WAC
				173-522-050. The department shall
				maintain a current tabulation of the amount of water that is available for
				appropriation at each stream management unit specified under WAC
				173-522-020(1).
Order 75-31, § 173-522-030, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-040 - Priority of future rights during times of water shortage

Current through Register Vol. 24-14, July 15, 2024
(1) Rights
			 established in the future pertaining to waters available for allocation in WAC
			 173-522-030 shall be subject to a
			 priority of use. Rights for domestic use, including irrigation of lawn and
			 noncommercial garden not to exceed one-half acre, and livestock use excluding
			 feedlot operation, shall be superior to all other consumptive and
			 nonconsumptive uses.
(2) As between
			 rights established in the future within a priority of use, the date of priority
			 shall control with an earlier-dated right being superior to those rights with
			 later dates.
(3) Additional water
			 use priorities may be promulgated, when required, in the future.
Order 75-31, § 173-522-040, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-050 - Streams 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. An exception is made for domestic and normal stockwatering where
				there is no alternative source of water supply.
Surface Water
				Closures
STREAM
DATE OF
CLOSURE
PERIOD OF
CLOSURE
Beaver Creek, tributary to S. Fk.,
Newaukum River
12-5-52
1 May-31 Oct.
Beaver Creek, tributary to Black River
10-28-52
"
"
Bunker Creek
1-17-50
"
"
Dempsey Creek
11-15-74
"
"
Dillenbaugh Creek
8-21-72
"
"
Hanaford Creek
5-7-52
"
"
Hope Creek & Garrard Creek
8-28-73
"
"
Kearney Creek
10-27-52
"
"
Lincoln Creek
11-5-48
"
"
Middle Fork, Newaukum R.
4-7-50
"
"
Mill Creek
3-21-52
"
"
Mox Chehalis
4-25-57
"
"
Salmon Creek
12-18-56
"
"
Rock Creek
4-11-73
"
"
Scatter Creek
7-20-50
"
"
Stearns Creek
4-28-53
"
"
Wildcat Creek
10-28-52
"
"
Williams Creek
5-6-52
"
"
Wynoochee River
3-9-62
"
"
Black River
Date of
Adoption
1 July-30 Sept.
Skookumchuck River
"
"
"
"
S. Fk. Chehalis river
"
"
"
"
Salzer Creek
"
"
1 June-30 Sept.
Note: Affected reach is from mouth to headwaters and includes
				all tributaries in the contributing drainage area unless specifically
				excluded.
Order 75-31, § 173-522-050, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-060 - 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 75-31, § 173-522-060, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-070 - 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),
				  § 173-522-070, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-080 - 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),
				  § 173-522-080, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-522 - Water resources program in the Chehalis River basin, WRIA-22 and 23 › Section 173-522-090 - 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),
				  § 173-522-090, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part A - GENERAL › Section 173-527-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department of ecology (ecology) adopts this chapter under the Watershed
				Planning Act (chapter 90.82 RCW), Water Resources Act of 1971 (chapter
				90.54 RCW), Minimum Water
				Flows and Levels Act (chapter 90.22 RCW), Water code (chapter
				90.03 RCW), Regulation of
				public groundwaters (chapter 90.44
				RCW), RCW
				   43.21A.064(9), and
				43.21A.080.
(2) This chapter shall not affect existing
				water rights, unless otherwise stated in the conditions of the water right in
				question. It shall also not affect federal Indian and non-Indian reserved
				rights.
(3) This chapter does not
				limit ecology's authority to establish flow requirements or conditions under
				other laws, including hydropower licensing under
				RCW
				   90.48.260.
(4) The Salmon-Washougal and Lewis watershed
				management plan (plan) recommendations were approved in 2006 by the
				Salmon-Washougal and Lewis planning unit (planning unit) in accord with
				RCW
				   90.82.130. The planning unit is a group made
				up of Clark, Skamania, and Cowlitz county commissioners and a broad range of
				water use interests. Ecology shall use the plan as the framework for making
				future water resource decisions in the Lewis watershed. Ecology shall rely upon
				the plan as a primary consideration in determining the public interest related
				to such decisions, including this rule adoption.
(5) Ecology shall initiate a review of this
				chapter whenever new information, changing conditions, or statutory
				modifications make it necessary to consider revisions. Ecology and the planning
				unit should periodically evaluate the effectiveness of this chapter.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-010, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part A - GENERAL › Section 173-527-030 - Map

Current through Register Vol. 24-14, July 15, 2024
Click to view
								image
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-030, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part A - GENERAL › Section 173-527-040 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
				Ecology shall prepare and make available to the public, technical and
				educational information regarding the scope and requirements of this chapter.
				This is intended to assist the public in complying with the requirements of
				their water rights and applicable water laws and rules.
(2) When ecology determines that a violation
				of this chapter has occurred, it shall:
(a)
				First attempt to achieve voluntary compliance, except in appropriate cases
				involving potential harm to other water rights or the environment. An approach
				to achieving voluntary compliance is to offer information and technical
				assistance to a violator. The information or technical assistance identifies,
				in writing, one or more means to accomplish the person's purposes within the
				framework of the law.
(b) If
				education and technical assistance do not achieve compliance, ecology has the
				authority to issue a notice of violation, a formal administrative order under
				RCW
				   43.27A.190, or assess penalties under
				RCW
				   43.83B.336 and
				90.03.600, or may seek criminal
				enforcement under
				RCW
				   90.03.400,
				90.03.410, and
				90.44.120.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part B - INSTREAM FLOWS AND CLOSURES › Section 173-527-050 - Stream management control points

Current through Register Vol. 24-14, July 15, 2024
Ecology hereby establishes the following stream management
				  control points shown in Table I. Management point locations are shown in WAC
				  173-527-030.
Table I
Stream Management Control Point
				  Information
Stream Management Point Name
Control Station by River Mile (RM); Latitude
								(Lat.), Longitude (Long.)
Kalama River (at USGS gage #14223500)
RM 2.8; 46°02'51"N, 122°50'10"W
Cedar Creek (near Lewis River Hatchery)
RM 0.02; 45°56'09"N, 122°37'09"W
North Fork Lewis River (at USGS gage
								#14220500)
RM 19.0; 45°57'07"N,122°33'46"W
Canyon Creek (at NE Healy Road)
RM 2.9; 45°56'24"N, 122°18'58"W
Jenny Creek (at Pacific Highway/Clark Co.
								Road)
RM 0.3; 45°52'22"N, 122°41'53"W
McCormick Creek (at 11th Ave. crossing)
RM 2.0; 45°50'34"N, 122°40'51"W
Brezee Creek (at La Center, Co. Rd. 42
								crossing)
RM 0.4; 45°51'45"N, 122°39'52"W
Lockwood Creek (at Co. Rd. 42)
RM 1.2; 45°51'17"N, 122°38'14"W
Mason Creek (at J.A. Moore Rd. crossing)
RM 1.2; 45°50'00"N, 122°37'30"W
East Fork Lewis River (at Ecology gage
								27D090)
RM 10.1; 45°48'51"N, 122°35'30"W
Rock Creek #2 (at 319th St. Bridge off Highway
								503)
RM 1.8; 45°51'13"N, 122°31'14"W
Yacolt Creek (at confluence at Moulton
								Falls)
RM 0.02; 45°49'56"N, 122°23'13"W
Rock Creek #1 (1/2 mile south of Dole)
RM 1.8; 45°46'31"N, 122°20'16"W
Gee Creek (at Ridgefield, Highway 501
								crossing)
RM 4.9; 45°48'55"N, 122°43'52"W
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-050, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part B - INSTREAM FLOWS AND CLOSURES › Section 173-527-060 - Instream flows

Current through Register Vol. 24-14, July 15, 2024
(1) The instream
				flows established in this chapter are based on the recommendations of the
				planning unit; consultation with the department of fish and wildlife,
				department of agriculture, and department of community, trade, and economic
				development; and public input received during the rule-making process. The
				planning unit recommended these instream flow levels by unanimous
				vote.
(2) Instream flows
				established in this chapter are water rights, which protect instream values and
				functions from future appropriations. The priority date of the instream flows
				is the effective date of this chapter. In accordance with
				RCW
				   90.82.080, this priority date received
				unanimous approval from the planning unit.
(3) Instream flow rights shall be protected
				from impairment by any new water rights commenced after the effective date of
				this chapter and by all future changes and transfers of senior and junior water
				rights, including both surface and groundwater rights. The following water
				rights are not subject to the instream flows:
(a) A water right put to beneficial use
				before the effective date of this chapter, unless otherwise stated in the
				conditions of the water right or change authorization.
(b) Water rights appropriated from the
				reservation of water established in WAC
				173-527-110.
(c) Future withdrawals for environmental
				restoration purposes under WAC
				173-527-140 unless included as a
				permit condition.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part B - INSTREAM FLOWS AND CLOSURES › Section 173-527-070 - Surface and groundwater closed to further consumptive appropriations

Current through Register Vol. 24-14, July 15, 2024
(1) Based on
				historical and current low flows and the water withdrawals by existing water
				right holders, ecology has determined that no waters are reliably available for
				new consumptive uses from certain surface water sources in the basin.
				Therefore, all surface waters listed in Table III are closed to any further
				consumptive appropriation, except as provided in WAC
				173-527-080.
Table III
Surface Water Closures
Subbasin
Name*
Affected Reach
Kalama River
Kalama River from mouth to headwaters, including
								tributaries.
Middle Lewis River
Lewis River from Forest Road 90 bridge
								(46°1'13"N, 122°1'13"W) to headwaters, including tributaries.
Upper Lewis River
All surface waters in the subbasin.
Lower Lewis River
Lewis River from RM 7.1 (45°54'53"N,
								122°44'12"W) to Merwin Dam outflow (45°33'21"N, 122°33'21"W),
								including tributaries.
East Fork Lewis River
East Fork Lewis River from Interstate Highway 5
								bridge crossing (45°52'23"N, 122°42'42"W) to headwaters, including
								tributaries.
Gee Creek from mouth at Columbia River to
								headwaters, including tributaries.
*Subbasin boundaries are shown in WAC
								173-527-030, and are consistent
								with the boundary descriptions used in the watershed plan.
(2)
				Based on the hydrogeology of the basin, and the location and depth where
				groundwater withdrawals generally occur, there is a high likelihood that future
				groundwater withdrawals would capture water that affects closed surface waters.
				Therefore, the basin is closed to new withdrawals of groundwater (including any
				new permit-exempt withdrawals) that would affect closed surface waters, except
				as provided in WAC
				173-527-080.
(3) Applications for a withdrawal that would
				not affect the closed reaches, listed in Table III, shall be evaluated on a
				case-by-case basis under applicable law.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-070, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-080 - Future water rights - Generally

Current through Register Vol. 24-14, July 15, 2024
A new surface or groundwater appropriation (including any
				  permit-exempt withdrawal) may be commenced only if consistent with the surface
				  and groundwater statutes and other applicable requirements of law and if any
				  one of the following seven conditions (subsections (1) through (7) of this
				  section) apply:
(1) The proposed water
				use is nonconsumptive.
(2) The
				proposed surface water diversion is not located on any of the surface waters
				closed in WAC
				173-527-070, Table III.
(3) The proposed groundwater withdrawal is
				located where it would not affect any of the surface waters closed in WAC
				173-527-070, Table III by either
				meeting condition (a) or (b) of this subsection:
(a) The person or entity seeking to commence
				a proposed groundwater use shows, through scientifically sound studies and
				technical analysis, that the groundwater use would not affect any of the closed
				surface waters identified in WAC
				173-527-070, Table III.
(b) The proposed groundwater withdrawal
				occurs in a regional supply area designated in WAC
				173-527-090 or by order of
				ecology.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-090 - Regional supply areas for future groundwater withdrawals

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology finds
				there to be certain locations where water is potentially available on a
				year-round basis for future groundwater withdrawals. Ecology further finds that
				withdrawals in these areas are unlikely to affect surface waters closed in WAC
				173-527-070, Table III or
				instream flow values protected under
				RCW
				   90.54.020(3). Such regional
				supply areas are recognized in the watershed plan and supported by the public
				interest as preferred locations for developing future water supply. Groundwater
				withdrawals (including permit-exempt withdrawals) may be commenced in the
				designated regional supply areas to the extent such withdrawals are consistent
				with chapters 90.03
				and 90.44 RCW, and
				any other applicable requirements of law.
(2) Based on local hydrology, ecology finds
				that groundwater withdrawals made in areas designated below meet the conditions
				for regional supply areas in subsection (1) of this section and are so
				designated:
(a) All lands west of Interstate
				Highway 5, north of the East Fork Lewis River, and east of the Lewis River
				mainstem;
(b) All lands west of
				Interstate Highway 5, north of Lewis River mainstem, and within the Lower Lewis
				subbasin.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-100 - Future appropriations for interruptible use

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology finds there may be water
				available above existing water rights and instream flows, which may be captured
				for interruptible use. This water is only available from November 16 to May 14
				and may only be withdrawn from the Kalama, North Fork Lewis (below Merwin Dam),
				and East Fork Lewis rivers.
(2)
				Prior to commencement, the person or entity seeking a new interruptible
				appropriation must demonstrate a seasonal need and provide assurances that any
				effects on surface water that may result from withdrawals will be limited to
				the above time period and locations.
(3) Ecology shall deny an appropriation for
				interruptible use if such use, or the cumulative effects of such uses, would
				compromise habitat-forming functions provided by high flows. In no case shall
				new individual or cumulative allocations exceed the values indicated in Table
				IV as specified for each river. However, these allocation limits may be lowered
				on a case-by-case basis whenever more protection of habitat-forming functions
				is needed.
(4) Interruptible uses
				are subject to existing water rights and instream flows set in WAC
				173-527-060.
Table IV
Limits on Future Allocation for Interruptible
				  Uses
River Name
Allocation Limit*
(cubic feet per second)
Kalama River
150
Lewis River (from river mile 7.1 to Merwin
								Dam)
200
East Fork Lewis
90
*The allocation limits in this table are based upon
								an allowance for ten percent of the average historic flow. Due to case-by-case
								determinations of flow for habitat-forming function needs, the maximum
								allocation may be less.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-100, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-110 - Reservation of surface and groundwater for future uses

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology has weighed the public interest
				that supports the reservation of a limited amount of water for future
				consumptive uses against the potential for negative impact to instream
				resources. Ecology finds that the public interest advanced by a limited
				reservation clearly overrides the small potential for negative impacts on
				instream resources.
Based on this finding, ecology hereby allocates an amount and
				  rate of use of water for specific water users and subbasins, as indicated under
				  the subtitle "Net streamflow depletion" in Table V. The reservations are a one
				  time, finite resource. When and if water is fully appropriated from the
				  reservation, all remaining waters in closed areas are hereby appropriated for
				  instream flow use.
This reservation is available to a user only if the
				  conditions set forth in subsection (2) or (6) of this section are met, as well
				  as any applicable requirements of law, including but not limited to all water
				  resource laws and regulations.
(2) Ecology may approve a water right
				application for water from the reservation if all of the following conditions
				in (a), (b), (c), and (d) of this subsection are met:
Alternatives analysis
(a) The applicant demonstrates that no
				practicable supply alternatives to the reservation are available. In order to
				satisfy this condition, an applicant must demonstrate consideration of other
				regional water sources to supply water for the same use now being proposed,
				including:
(i) Existing public water system
				supply;
(ii) Water from a ground or
				surface water source, which may be withdrawn without affecting any of the
				surface waters closed in WAC
				173-527-070, such as water from a
				hydraulically disconnected deep aquifer source;
(iii) Supply options from surface and
				groundwater storage;
(iv) Water
				savings from conservation techniques, such as reuse of waste water;
				and
(v) Mitigation and minimization
				considerations to the extent required in (d) of this subsection, impact
				analysis.
Water-related offset
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-120 - Priority dates of reservation and repeal of chapter 173-592 WAC

Current through Register Vol. 24-14, July 15, 2024
(1) The reservation
				created in WAC
				173-527-110 is not subject to the
				instream flows or closures set in this chapter, and the priority date of the
				reservation for all areas outside Clark County is the effective date of this
				chapter.
(2) Ecology hereby
				transfers unappropriated water from the existing reservation for Clark County
				in WAC 173-592-070 in such quantities and to the users and areas of use in
				Clark County as set forth in WAC
				173-527-110, Table V and WAC
				173-528-110, Table IV. Pursuant
				to this transfer, the priority date of withdrawals from all Clark County
				portions of the reservation in WAC
				173-527-110 is August 13, 1986.
				However, the designation of specific municipal suppliers in this reservation
				does not create a right for these entities to use such water. Such a right will
				arise only if a permit is applied for by such municipal suppliers to use water
				under the reservation and approved by ecology after applying the legal tests
				for a new appropriation. With respect to any water for which a permit has not
				been granted, ecology reserves the right to modify in all respects or rescind
				the reservation by future rule making.
(3) Based on new information made available
				through the local watershed planning process and hydrologic conditions as of
				the time of this rule making, ecology has determined that the remaining water
				reserved under WAC 173-592-070, which was not transferred in subsection (2) of
				this section or previously appropriated is no longer supported by available
				information and science. Therefore, chapter 173-592 WAC is hereby repealed in
				its entirety and all water reserved under that rule that has not been
				transferred or appropriated is hereby returned to the state. This repeal is not
				intended to affect any existing water rights issued under the
				reservation.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-120, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-130 - Accounting for use under the reservation

Current through Register Vol. 24-14, July 15, 2024
(1) A record of all appropriations from the
				reservation shall be maintained by ecology.
(2) For an appropriation under a permit,
				ecology will account for water use under the reservation based on authorized
				quantities under water right permits or certificates, and according to WAC
				173-527-110(5).
(3) For permit-exempt groundwater
				appropriations, ecology will deduct a standard amount of two hundred forty
				gallons per day for each well. For a group domestic water system under the
				permit-exemption, the standard amount will be applied for each domestic or
				residential service connection. The standard amount will be adjusted
				periodically to reflect actual use during low flow conditions. The standard
				amount assumes a rate of septic recharge from an on-site septic system. In the
				event that on-site septic recharge is known not to occur, ecology will deduct
				an additional five hundred and sixty gallons per day. Additionally, ecology
				reserves the right to account for water use based on the best available
				information contained in well logs, approvals issued by local jurisdictions, or
				other documents.
(4) If a water
				user under the reservation subsequently abandons or relinquishes the
				withdrawal, ecology will credit back to the reservation the actual amount of
				water used and/or debited from the reservation, upon demonstration to ecology
				that the well or surface water diversion has been decommissioned through
				written certification.
(5) Ecology
				shall notify either Clark, Skamania, or Cowlitz County and the planning unit;
				when it determines that fifty percent, seventy-five percent, and one hundred
				percent, respectively, of the reservation is appropriated for a water user in
				Table V.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-126 (Order 08-02),
					 § 173-527-130, filed 12/19/08, effective
					 1/19/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-527 - Water resources management program for the Lewis basin, WRIA 27 › Part C - FUTURE WATER RIGHTS › Section 173-527-140 - Future surface water withdrawals for environmental restoration

Current through Register Vol. 24-14, July 15, 2024
In keeping with the findings of the watershed plan, ecology
				  finds that the public interest advanced by future withdrawals for ERPs, as
				  defined and conditioned in this section, clearly overrides the minimal negative
				  impacts on instream flows.
(1) A
				future withdrawal for an ERP may be approved only if it meets all the
				following:
(a) The proposed water use is for
				a bypass flow for salmonid restoration or riparian planting project, and the
				primary purpose of the project is restoration of salmonids.
(b) The proposed project will result in
				aquatic habitat benefits, and such benefits will exceed any detriment to
				aquatic habitat that may be caused by reductions in flow at specific locations
				and times of withdrawal.
(c) The
				proposed use qualifies for a temporary permit.
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 173-528-010 - Authority and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department of ecology (ecology) adopts this chapter under the Watershed
				Planning Act (chapter 90.82 RCW), Water Resources Act of 1971 (chapter
				90.54 RCW), Minimum Water
				Flows and Levels Act (chapter 90.22 RCW), Water code (chapter
				90.03 RCW), Regulation of
				public groundwaters (chapter 90.44
				RCW), RCW
				   43.21A.064(9), and
				43.21A.080.
(2) This chapter shall not affect existing
				water rights, unless otherwise stated in the conditions of the water right in
				question. It shall also not affect federal Indian and non-Indian reserved
				rights.
(3) This chapter does not
				limit ecology's authority to establish flow requirements or conditions under
				other laws, including hydropower licensing under
				RCW
				   90.48.260.
(4) The Salmon-Washougal and Lewis watershed
				management plan (plan) recommendations were approved in 2006 by the
				Salmon-Washougal and Lewis planning unit (planning unit) in accord with
				RCW
				   90.82.130. The planning unit is a group made
				up of Clark, Skamania, and Cowlitz county commissioners and a broad range of
				water use interests. Ecology shall use the plan as the framework for making
				future water resource decisions in the Salmon-Washougal watershed. Ecology
				shall rely upon the plan as a primary consideration in determining the public
				interest related to such decisions, including this rule adoption.
(5) Ecology shall initiate a review of this
				chapter whenever new information, changing conditions, or statutory
				modifications make it necessary to consider revisions. Ecology and the planning
				unit should periodically evaluate the effectiveness of this chapter.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-010, filed 12/19/08, effective
					 1/19/09.
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 173-528-030 - Map

Current through Register Vol. 24-14, July 15, 2024
Click to view
								image
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-030, filed 12/19/08, effective
					 1/19/09.
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 173-528-040 - Compliance and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
				Ecology shall prepare and make available to the public, technical and
				educational information regarding the scope and requirements of this chapter.
				This is intended to assist the public in complying with the requirements of
				their water rights and applicable water laws and rules.
(2) When ecology determines that a violation
				of this chapter has occurred, it shall:
(a)
				First attempt to achieve voluntary compliance, except in appropriate cases
				involving potential harm to other water rights or the environment. An approach
				to achieving voluntary compliance is to offer information and technical
				assistance to a violator. The information or technical assistance identifies,
				in writing, one or more means to accomplish the person's purposes within the
				framework of the law.
(b) If
				education and technical assistance do not achieve compliance, ecology has the
				authority to issue a notice of violation, a formal administrative order under
				RCW
				   43.27A.190, assess penalties under
				RCW
				   43.83B.336 and
				90.03.600, or may seek criminal
				enforcement under
				RCW
				   90.03.400,
				90.03.410, and
				90.44.120.
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 B - INSTREAM FLOWS AND CLOSURES › Section 173-528-050 - Stream management control points

Current through Register Vol. 24-14, July 15, 2024
Ecology hereby establishes the following stream management
				  control points shown in Table I. Management point locations are shown in WAC
				  173-528-030.
Table I
Stream Management Control Point
				  Information
Stream Management Point Name
Control Station by River Mile (RM); Latitude
								(Lat.), Longitude (Long.)
Whipple Creek (at 179th St. crossing)
RM 2.7; 45°45'00"N, 122°42'52"W
Mill Creek (at North Salmon Creek Rd.)
RM 0.02; 45°43'50"N, 122°37'39"W
Weaver Creek (at 199th Rd. crossing)
RM 0.04; 45°44'33"N, 122°32'48"W
Morgan Creek (at 182nd St. crossing)
RM 1.8; 45°44'47"N, 122°29'13"W
Rock Creek (near 213th Rd.)
RM 0.3; 45°46'40"N, 122°26'47"W
Little Washougal River (at Highway 140
								crossing)
RM 0.02; 45°36'26"N, 122°20'37"W
Washougal River (at Hathaway Park, Ecology gage
								28B090)
RM 3.6; 45°35'02"N, 122°20'36"W
West Fork Washougal River (at Skamania
								Hatchery)
RM 0.8; 45°37'18"N, 122°13'07"W
Gibbons Creek (at Frontage Rd. crossing)
RM 1.6; 45°34'31"N, 122°18'53"W
Lawton Creek (at Highway 14 crossing)
RM 0.45; 45°33'39"N, 122°16'00"W
Duncan Creek (at Highway 14 crossing)
RM 0.3; 45°36'47"N, 122°03'16"W
Woodward Creek (at Beacon Rock State Park Rd.
								crossing)
RM 0.25; 45°37'17"N, 122°01'25"W
Hardy Creek (at Highway 14 crossing)
RM 1.6; 45°38'07"N, 122°00'13"W
Hamilton Creek (near North Bonneville)
RM 1.3; 45°38'28"N, 121°58'39"W
Greenleaf Creek (at Cascade Drive crossing)
RM 0.3; 45°39'15"N, 121°57'29"W
Upper Lacamas Creek (at NE Goodwin Rd.
								crossing)
RM 5.5; 45°38'20"N, 122°27'25"W
Lower Lacamas Creek (NE 3rd Ave. crossing)
RM 0.4; 45°35'26"N, 122°23'28"W
Burnt Bridge Creek (at Arnold Park)
RM 3.0; 45°39'05"N, 122°38'57"W
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-050, filed 12/19/08, effective
					 1/19/09.
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 B - INSTREAM FLOWS AND CLOSURES › Section 173-528-060 - Establishment of instream flows

Current through Register Vol. 24-14, July 15, 2024
(1) The
				instream flows established in this chapter are based on the recommendations of
				the planning unit; consultation with the department of fish and wildlife,
				department of agriculture, and department of community, trade, and economic
				development; and public input received during the rule-making process. The
				planning unit recommended these instream flow levels by unanimous
				vote.
(2) Instream flows
				established in this chapter are water rights, which protect instream values and
				functions from future appropriations. The priority date of the instream flows
				is the effective date of this chapter. In accordance with
				RCW
				   90.82.080, this priority date received
				unanimous approval from the planning unit.
(3) Instream flow rights shall be protected
				from impairment by any new water rights commenced after the effective date of
				this chapter and by all future changes and transfers of senior and junior water
				rights, including both surface and groundwater rights. The following water
				rights are not subject to the instream flows:
(a) A water right put to beneficial use
				before the effective date of this chapter, unless stated in the conditions of
				the water right or change authorization.
(b) Water rights appropriated from the
				reservation of water established in WAC
				173-528-110.
(c) Water rights for environmental
				restoration purposes under WAC
				173-528-140, unless included as a
				permit condition.
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 B - INSTREAM FLOWS AND CLOSURES › Section 173-528-070 - Surface and groundwater closed to further consumptive appropriations

Current through Register Vol. 24-14, July 15, 2024
(1) Based on
				historical and current low flows and the water withdrawals by existing water
				right holders, ecology has determined that no waters are reliably available for
				new consumptive uses from certain surface water sources in the basin.
				Therefore, all surface waters listed in Table III are closed to any further
				consumptive appropriation, except as provided in WAC
				173-528-080.
Table III
Surface Water Closures
Subbasin
Name*
Affected Reach
Salmon Creek
Salmon Creek from confluence with Lake River
								(45°43'32"N, 122°44'07"W) to headwaters, including tributaries.
Whipple Creek from confluence with Lake River
								(45°45'30"N, 122°44'57"W) to headwaters, including tributaries.
Burnt Bridge Creek
Burnt Bridge Creek from mouth at Vancouver Lake to
								headwaters, including tributaries.
Lacamas Creek
Lacamas Creek from confluence with Washougal River
								(45°35'13"N, 122°23'40"W) to headwaters, including tributaries.
Washougal River
Washougal River from mouth at Columbia River to
								headwaters, including tributaries.
Columbia River Tributaries
All surface waters in the Columbia River
								tributaries subbasin from mouth at Columbia River to headwaters, including
								tributaries.
*Subbasin boundaries are shown in WAC
								173-528-030, and are consistent
								with the boundary descriptions used in the watershed plan.
(2)
				Based on the hydrogeology of the basin, and the location and depth where
				groundwater withdrawals generally occur, there is a high likelihood that future
				groundwater withdrawals would capture water that affects closed surface waters.
				Therefore, the basin is closed to new withdrawals of groundwater (including any
				new permit-exempt withdrawals) that would affect closed surface waters, except
				as provided in WAC
				173-528-080.
(3) Applications for a withdrawal that would
				not affect the closed reaches, listed in Table III, shall be evaluated on a
				case-by-case basis under applicable law.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-070, filed 12/19/08, effective
					 1/19/09.
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 C - FUTURE WATER RIGHTS › Section 173-528-080 - Future water rights, generally

Current through Register Vol. 24-14, July 15, 2024
A new surface or groundwater appropriation (including any
				  permit-exempt withdrawal) may be commenced only if consistent with the surface
				  and groundwater statutes and other applicable requirements of law and if any
				  one of the following seven conditions (subsections (1) through (7) of this
				  section) apply:
(1) The proposed water
				use is nonconsumptive.
(2) The
				proposed surface water diversion is not located on any of the surface waters
				closed in WAC
				173-528-070, Table III.
(3) The proposed groundwater withdrawal is
				located where it would not affect any of the surface waters closed in WAC
				173-528-070, Table III by either
				meeting condition (a) or (b) of this subsection:
(a) The person or entity seeking to commence
				a proposed groundwater use shows, through scientifically sound studies and
				technical analysis, that the groundwater use would not affect any of the closed
				surface waters identified in WAC
				173-528-070, Table III.
(b) The proposed groundwater withdrawal
				occurs in a regional supply area designated in WAC
				173-528-090 or by order of
				ecology.
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 C - FUTURE WATER RIGHTS › Section 173-528-090 - Regional supply areas for future groundwater withdrawals

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology finds
				there to be certain locations where water is potentially available on a
				year-round basis for future groundwater withdrawals. Ecology further finds that
				withdrawals in these areas are unlikely to affect surface waters closed in WAC
				173-528-070, Table III or
				instream flow values protected under
				RCW
				   90.54.020(3). Such regional
				supply areas are recognized in the watershed plan and supported by the public
				interest as preferred locations for developing future water supply. Groundwater
				withdrawals (including permit-exempt withdrawals) may be commenced in the
				designated regional supply areas to the extent such withdrawals are consistent
				with chapters 90.03
				and 90.44 RCW, and
				any other applicable requirements of law.
(2) Based on local hydrology, ecology finds
				that groundwater withdrawals made in areas designated below meet the conditions
				for regional supply areas in subsection (1) of this section and are so
				designated:
(a) The Vancouver Lake Lowlands
				Area, defined as all lands located west of the Burlington Northern Santa Fe
				Railroad right of way that are within Water Resource Inventory Area 28;
				and
(b) The Steigerwald Wildlife
				Refuge Area, defined as all lands located east of 15th Street in the city of
				Washougal, south of Washington State Highway 14, and west of Lawton
				Creek.
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 C - FUTURE WATER RIGHTS › Section 173-528-100 - Future appropriations for interruptible use from the Washougal River

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology finds
				there may be water available in the Washougal River, above existing water
				rights and instream flows, which could be captured for interruptible use. This
				water is only available from November 16 to May 14.
(2) Prior to commencement, the person or
				entity seeking a new interruptible appropriation must demonstrate a seasonal
				need and provide assurances that any effects on surface waters that may result
				from withdrawals will be limited from November 16 to May 14 and only from the
				Washougal River.
(3) Ecology shall
				deny an appropriation for interruptible use if such use, or the cumulative
				effects of such uses, would compromise habitat-forming functions provided by
				high flows. In no case shall new individual or cumulative allocations exceed
				one hundred cubic feet per second. This allocation limit is based upon an
				allowance for ten percent of the average historic flow. The allocation limit
				may be lowered on a case-by-case basis whenever more protection of
				habitat-forming functions is needed.
(4) Interruptible uses are subject to
				existing water rights and instream flows set in WAC
				173-528-060.
Statutory Authority: Chapters 90.82,
					 90.54, 90.22,
					 90.03, and
					 90.44 RCW. 09-01-127 (Order 08-03),
					 § 173-528-100, filed 12/19/08, effective
					 1/19/09.
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 C - FUTURE WATER RIGHTS › Section 173-528-110 - Reservation of surface and groundwater for future uses

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology has weighed the public interest
				that supports the reservation of a limited amount of water for future
				consumptive uses against the potential for negative impact to instream
				resources. Ecology finds that the public interest advanced by a limited
				reservation clearly overrides the small potential for negative impacts on
				instream resources.
Based on this finding, ecology hereby allocates an amount and
				  rate of use of water for specific water users and subbasins, as indicated under
				  the subtitle "Net streamflow depletion" in Table IV. The reservations are a one
				  time, finite resource. When and if water is fully appropriated from the
				  reservation, all remaining waters in closed areas are hereby appropriated for
				  instream flow use.
This reservation is available to a user only if the
				  conditions set forth in subsection (2) or (6) of this section are met, as well
				  as any applicable requirements of law, including but not limited to all water
				  resource laws and regulations.
(2) Ecology may approve a water right
				application for water from the reservation if all of the following conditions
				in (a), (b), (c), and (d) of this subsection are met:
Alternatives analysis
(a) The applicant demonstrates that no
				practicable supply alternatives to the reservation are available. In order to
				satisfy this condition, an applicant must demonstrate consideration of other
				regional water sources to supply water for the same use now being proposed,
				including:
(i) Existing public water system
				supply;
(ii) Water from a ground or
				surface water source, which may be withdrawn without affecting any of the
				surface waters closed in WAC
				173-528-070, such as water from a
				hydraulically disconnected deep aquifer source or regional supply
				area;
(iii) Supply options from
				surface and groundwater storage;
(iv) Water savings from conservation
				techniques, such as reuse of waste water; and
(v) Mitigation and minimization
				considerations to the extent required in (d) of this subsection, impact
				analysis.
Water-related offset