reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-495 - Weather modification › Section 173-495-080 - Permittee's report of operations - Requirement

Current through Register Vol. 24-14, July 15, 2024
The permittee is required to maintain reports on all operations
				on a daily basis, and submit them twice a month (1st day and 15th day) to
				ecology. The semi-monthly reports must include the following
				information:
(1) Number of days under
			 contract;
(2) Number of days of
			 operation and number of hours of each day, for all stations operated;
(3) The consumption rate and name of seeding
			 agent used;
(4) A brief summary
			 statement evaluating the past fifteen day period in regard to the seeding
			 potential and experience;
(5)
			 Location of operations;
(6) Name
			 and mailing address of each individual, other than the licensee, participating
			 or assisting in the operation;
(7)
			 A brief statement of projected plans for the upcoming fifteen-day
			 period;
(8) The permittee shall, in
			 the event operations are unexpectedly terminated, submit a special report
			 covering the portion of the half-month period of operation. All reports must be
			 post-marked not later than one day after due date;
(9) All semi-monthly reports are public
			 records, which are open to public inspection.
Statutory Authority: RCW 79.94.331,
				  chapters
				  70.94 and 43.37 RCW.
				  00-01-009 (Order 99-14), § 173-495-080, filed 12/3/99, effective 1/3/00.
				  Statutory Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-495-080, filed 9/17/90, effective 10/18/90; Order DE 77-29, §
				  173-495-080, filed 12/29/77. Formerly chapter 508-20
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-495 - Weather modification › Section 173-495-100 - Revocation, suspension, modification

Current through Register Vol. 24-14, July 15, 2024
(1) All permits authorized by
			 RCW
			    43.37.110 must contain the following
			 provisions: "Ecology may, if it appears that continuing operation under this
			 permit will cause immediate injury to persons or property, terminate or
			 otherwise modify the terms of this permit in order to alleviate an emergency
			 situation by giving notice to the permittee by telegram or other
			 writing."
(2) All permits
			 authorized by
			 RCW
			    43.37.110 may be revoked, suspended, or
			 modified when ecology has reason to believe that good cause exists and that the
			 revocation, suspension, or modification is required for the general welfare and
			 public good. A written notice must be sent by certified mail to the permittee
			 before any revocation, suspension, or modification of the permit is executed.
			 Opportunity for comment by the permittee must be allowed. Any final ecology
			 decision must be in writing.
(3) In
			 the event the applicant desires to appeal any permit revocation, modification,
			 or suspension action by ecology the appeal must be filed with the pollution
			 control hearings board in Olympia within thirty days of ecology's action. An
			 appeal does not constitute a stay.
Statutory Authority: RCW 79.94.331,
				  chapters
				  70.94 and 43.37 RCW.
				  00-01-009 (Order 99-14), § 173-495-100, filed 12/3/99, effective 1/3/00.
				  Statutory Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-495-100, filed 9/17/90, effective 10/18/90; Order DE 77-29, §
				  173-495-100, filed 12/29/77. Formerly chapter 508-20
				  WAC.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-495 - Weather modification › Section 173-495-120 - Proof of financial responsibility

Current through Register Vol. 24-14, July 15, 2024
A permit applicant shall furnish proof of financial
				responsibility to ecology by one of the following:
(1) Copy of insurance policy or binder for
			 the operator;
(2) A current balance
			 sheet showing sufficient assets to demonstrate financial
			 responsibility;
(3) A bond for safe
			 performance; or
(4) Other
			 information the applicant may provide to ecology, in writing, if the alternate
			 documents contained in subsections (1) through (3) of this section, are not
			 feasible or available. If other information is provided, the applicants must
			 explain the reason the documents listed in subsections (1) through (3) of this
			 section are not provided.
Statutory Authority: RCW 79.94.331,
				  chapters
				  70.94 and 43.37 RCW.
				  00-01-009 (Order 99-14), § 173-495-120, filed 12/3/99, effective 1/3/00.
				  Statutory Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-495-120, filed 9/17/90, effective 10/18/90; Order DE 77-29, §
				  173-495-120, filed 12/29/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-010 - Background

Current through Register Vol. 24-14, July 15, 2024
(1) The Water
			 Resources Act of 1971 (chapter 90.54 RCW) sets forth fundamentals
			 of water resource policy to insure that the waters of the state will be
			 protected and fully utilized for the greatest benefit to the people of the
			 state of Washington and, in relation thereto, to provide direction to the
			 department of ecology and other state agencies and officials in carrying out
			 water and related resource programs.
(2) The department was directed, through the
			 adoption of appropriate rules, to develop and implement a comprehensive state
			 water program which would provide a process for making decisions on future
			 water resource allocations and uses.
(3) The act provides that the department of
			 ecology may develop a water program in regional segments so that immediate
			 attention may be given to waters of a give physio-economic region of the state
			 or to specific critical problems of water allocation and use.
(4) The act further directed the department
			 of ecology to modify existing regulations and adopt new regulations to insure
			 that existing regulatory programs are in accord with the water resource
			 policies of the act.
Statutory Authority: Chapters 43.27A and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-500-010, filed 6/9/88; Order DE 75-23, § 173-500-010, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth a program which
				will provide guidelines to facilitate the further development of the water
				resources to the extent of their availability for further appropriation and
				implement the legislative intent as contained in
				RCW
				   90.54.040(1). The program
				shall, where appropriate:
(1) Identify
			 and foster development of water resource projects;
(2) Declare preferences or priorities of use
			 by categories;
(3) Set forth
			 streams closed to future appropriation;
(4) Establish flows on perennial streams of
			 the state in amounts necessary to provide for preservation of wildlife, fish,
			 scenic, aesthetic, and other environmental values, and navigational
			 values;
(5) Allocate quantities for
			 beneficial uses;
(6) Reserve water
			 for future beneficial use;
(7)
			 Withdraw waters from additional appropriation when sufficient information or
			 data are lacking for the making of sound decisions;
(8) Establish criteria for limit beyond which
			 further appropriation will not be made;
(9) Designate areas within the state to be
			 used for management purposes; and
(10) Be guided by the declaration of
			 fundamentals contained in
			 RCW
			    90.54.020.
Order DE 75-23, § 173-500-020, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-030 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation is promulgated by the department of ecology
				under the authority of
				chapter
				90.54
				RCW.
Statutory Authority: Chapters 43.27A and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-500-030, filed 6/9/88; Order DE 75-23, § 173-500-030, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-040 - Water resource inventory areas

Current through Register Vol. 24-14, July 15, 2024
For the purposes of this chapter, the state is divided into 62
				areas known as water resource inventory areas (WRIAs). The names and numbers of
				these areas are as follows and are shown on the attached map:
WATER RESOURCES INVENTORY AREAS
WRIA Number, Name
01.
Nooksack
02.
San Juan
03.
Lower Skagit-Samish
04.
Upper Skagit
05.
Stillaguamish
06.
Island
07.
Snohomish
08.
Cedar-Sammamish
09.
Duwamish-Green
10.
Puyallup-White
11.
Nisqually
12.
Chambers-Clover
13.
Deschutes
14.
Kennedy-Goldsborough
15.
Kitsap
16.
Skokomish-Dosewallips
17.
Quilcene-Snow
18.
Elwah-Dungeness
19.
Lyre-Hoko
20.
Soleduck-Hoh
21.
Queets-Quinault
22.
Lower Chehalis
23.
Upper Chehalis
24.
Willapa
25.
Grays-Elokoman
26.
Cowlitz
27.
Lewis
28.
Salmon-Washougal
29.
Wind-White Salmon
30.
Klickitat
31.
Rock-Glade
32.
Walla Walla
33.
Lower Snake
34.
Palouse
35.
Middle Snake
36.
Esquatzel Coulee
37.
Lower Yakima
38.
Naches
39.
Upper Yakima
40.
Alkali-Squilchuck
41.
Lower Crab
42.
Grand Coulee
43.
Upper Crab-Wilson
44.
Moses Coulee
45.
Wenatchee
46.
Entiat
47.
Chelan
48.
Methow
49.
Okanogan
50.
Foster
51.
Nespelem
52.
Sanpoil
53.
Lower Lake Roosevelt
54.
Lower Spokane
55.
Little Spokane
56.
Hangman
57.
Middle Spokane
58.
Middle Lake Roosevelt
59.
Colville
60.
Kettle
61.
Upper Lake Roosevelt
62.
Pend Oreille
Order DE 75-23, § 173-500-040, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-050 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For purposes of this chapter and subsequent regulations
				formulated for planning and management within individual water resource
				inventory areas, the following definitions shall be used:
(1) "
Allocation
" means the
			 designating of specific amounts of the water resource for specific beneficial
			 uses.
(2)
			 "
Appropriation
" means the process of legally acquiring the right
			 to specific amounts of the public water resource for application to beneficial
			 uses.
(3) "
Base flow
"
			 means a level of streamflow established in accordance with provisions of
			 chapter
			 90.54 RCW required in
			 perennial streams to preserve wildlife, fish, scenic, aesthetic, and other
			 environmental and navigational values.
(4) "
Beneficial uses
" are uses
			 of water for domestic, stock watering, industrial, commercial, agricultural,
			 irrigation, hydroelectric power production, mining, fish and wildlife
			 maintenance and enhancement, recreational, and thermal power production
			 purposes, and preservation of environmental and aesthetic values, and all other
			 uses compatible with the enjoyment of the public waters of the state.
(5) "
Consumptive use
" means use
			 of water whereby there is a diminishment of the water source.
(6) "
Department
" means the
			 Washington state department of ecology.
(7) "
Hydrograph
" is a graph
			 showing the variations of streamflow (or stream discharge) with respect to time
			 during a year as determined at a specific cross-sectional location on the
			 stream.
(8) "
Low flow
"
			 means those flow level limitations appearing as provisions on permits and
			 certificates issued by the department, or its predecessors, prior to the
			 effective dates of chapters 173-501 through 173-599 WAC.
(9) "
Nonconsumptive use
" is a
			 type of water use where either there is no diversion from a source body, or
			 where there is no diminishment of the source.
(10) "
Perennial stream
" means a
			 stream the natural flow of which is normally continuous at any given
			 location.
(11) "
Stream
			 management unit
" means stream segments, reaches, or tributaries, each
			 containing a control station, that are identified on stream reach maps in
			 adopted water resource management program documents as units for defining base
			 flow levels.
(12) "
Water
			 right
" means a right to make beneficial use of public waters of the
			 state.
Order DE 75-23, § 173-500-050, filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-060 - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 provisions of this chapter shall apply to chapters 173-501 through 173-599 WAC
			 unless the language of said chapters is clearly to the contrary.
(2) As sufficient data are obtained for each
			 WRIA and/or grouping thereof in the state to enable the department to formulate
			 a water resource planning and management program for such area, the department
			 shall by regulation establish policies for the beneficial use of public waters
			 pursuant to
			 RCW
			    90.54.040.
(3) Water rights established prior to the
			 effective date of rules adopted under chapters 173-500 and 173-501 through
			 173-599 WAC shall not be affected by such rules.
(4)
Low flow limitations to
			 prevail
(1) Notwithstanding the establishment of base flows established
			 hereunder, existing low flow limitations shall remain in effect.
(5)
Base flow provisions for water
			 rights.
(a) Surface water and/or
			 groundwater appropriation permits, issued subsequent to the effective dates of
			 chapters 173-501 through 173-599 WAC, that will allow either direct diversion
			 from or have a measurable effect on streams where base flow limitations of this
			 chapter, and any such permits or certificates shall be appropriately
			 conditioned to assure maintenance of said base flows.
(b) The base flow provisions for any water
			 right located in a stream management unit shall specifically describe the base
			 flow levels for the control station in that unit and shall refer generally to
			 other downstream base flow requirements that may also become controlling and
			 critical to the use of water under such right.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-070 - 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 43.27A and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-500-070, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-080 - Critical water resource situation response process

Current through Register Vol. 24-14, July 15, 2024
In areas subject to the department of ecology's jurisdiction,
				where there may be current or anticipated critical water resource or related
				water quality concerns, the local government(s), the state or the affected
				federally recognized tribe(s) may request that representatives from all three
				governmental entities and, as needed, appropriate federal agencies agree to the
				designation of the area as a critical water resource situation. All represented
				parties must agree to the designation. Upon designation, an intergovernmental
				group will be convened.
The purpose of the intergovernmental group is to cooperatively
				design a consultation strategy to address the problem(s) which triggered this
				critical situation response process.
The legal rights and remedies available to the three
				governmental entities shall not be compromised or abridged by participation in
				the critical situation response process. However, all of the parties agree to
				undertake a good faith effort to resolve the critical water resource situation
				without first resorting to legal action.
When the intergovernmental group determines that a critical
				water resource situation exists or requires further evaluation or data
				collection, the parties will consider applying those tools necessary to protect
				the resources. These tools must be exercised within 12 months or as otherwise
				agreed to by the parties, and include, but are not limited to: Targeted
				conservation, efficiency, reuse; compliance and enforcement; dispute resolution
				assistance, memoranda of understanding and other agreements; local government
				restrictions on permit issuance or moratoria; basin withdrawal by adoption of
				administrative regulations under
				RCW
				   90.54.050 or limited state permit
				issuance.
Statutory Authority:
				  Chapters
				  34.05 and
				  90.54 RCW. 91-18-011 (Order 91-25),
				  § 173-500-080, filed 8/23/91, effective
				  9/23/91.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-500 - Water resources management program established pursuant to the Water Resources Act of 1971 › Section 173-500-990 - Map - Water resources inventory areas sub-basins

Current through Register Vol. 24-14, July 15, 2024
WATER RESOURCES INVENTORY AREAS SUB-BASINS.
Click to view
							 image
Order DE 75-23, Map (codified as WAC
				  173-500-990), filed
				  1/6/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules apply to waters within the Nooksack water resource
				inventory area (WRIA 1), as defined in WAC
				173-500-040. This chapter is
				promulgated pursuant to
				chapter
				90.54 RCW (Water Resources
				Act of 1971), chapter 90.22 RCW (Minimum water flows and levels), and in
				accordance with chapter 173-500 WAC (Water resources management
				program).
Statutory Authority:
				  RCW
				  90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-010, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
Chapter 90.54
				RCW (Water Resources Act of 1971) requires that utilization and management of
				waters of the state be guided by a number of fundamentals, including:
Uses of water for domestic, stock watering, industrial,
				commercial, agricultural, irrigation, hydroelectric power production, mining,
				fish and wildlife maintenance and enhancement, recreational, and thermal power
				production purposes, and preservation of environmental and aesthetic values,
				and all other uses compatible with the enjoyment of the public waters of the
				state, are declared to be beneficial. (RCW
				   90.54.020(1))
The quality of the natural environment shall be protected and,
				where possible, enhanced as follows:
Perennial rivers and streams of the state shall be retained
				with base flows necessary to provide for preservation of wildlife, fish,
				scenic, aesthetic and other environmental values, and navigational values.
				Lakes and ponds shall be retained substantially in their natural condition.
				Withdrawals of water which would conflict therewith shall be authorized only in
				those situations where it is clear that overriding considerations of the public
				interest will be served. (RCW
				   90.54.020(3)(a))
Waters of the state shall be of high quality. Regardless of the
				quality of the waters of the state, all wastes and other materials and
				substances proposed for entry into said waters shall be provided with all
				known, available, and reasonable methods of treatment prior to entry.
				Notwithstanding that standards of quality established for the waters of the
				state would not be violated, wastes and other materials and substances shall
				not be allowed to enter such waters which will reduce the existing quality
				thereof, except in those situations where it is clear that overriding
				considerations of the public interest will be served. (RCW
				   90.54.020(3)(b))
The purpose of this chapter is to retain perennial rivers,
				streams, and lakes in the Nooksack water resource inventory area with instream
				flows and levels necessary to provide for preservation of wildlife, fish,
				scenic, aesthetic, and other environmental values, and navigational values, as
				well as recreation and water quality.
In administering and enforcing this regulation, the
				department's actions shall be consistent with the provisions of
				chapter
				90.54
				RCW.
Statutory Authority:
				  RCW
				  90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-020, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-050 - Lakes

Current through Register Vol. 24-14, July 15, 2024
In future permitting actions relating to withdrawal of lake
				waters, lakes and ponds shall be retained substantially in their natural
				condition. Withdrawals of water which would conflict therewith shall be
				authorized only in those situations where it is clear that overriding
				considerations of the public interest will be served.
Statutory Authority:
				  RCW
				  90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-050, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-060 - Groundwater

Current through Register Vol. 24-14, July 15, 2024
If department investigations determine that there is
				significant hydraulic continuity between surface water and the proposed
				groundwater source, any water right permit or certificate issued shall be
				subject to the same conditions as affected surface waters. If department
				investigations determine that withdrawal of groundwater from the source
				aquifers would not interfere with stream flow during the period of stream
				closure or with maintenance of minimum instream flows, then applications to
				appropriate public groundwaters may be approved.
Statutory Authority:
				  RCW
				  90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-060, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-065 - Permit-exempt groundwater for future domestic uses

Current through Register Vol. 24-14, July 15, 2024
(1) For the purposes of this section:
(a) "New permit-exempt domestic wells" are
			 wells for groundwater withdrawals exempt from permitting under
			 RCW
			    90.44.050 for the purposes of indoor domestic
			 water use and outdoor domestic water use.
(b)"Indoor domestic water use" means potable
			 water to satisfy the domestic needs of a household, including water used for
			 drinking, bathing, sanitary purposes, cooking, laundering, and other incidental
			 uses.
(c)"Outdoor domestic water
			 use" means water used for noncommercial lawns and gardens.
(d)"Subsistence gardening" means food
			 cultivation for personal use by residents of the home.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this
			 chapter shall affect existing water rights, perfected riparian rights, federal
			 Indian and non-Indian reserved rights, appropriative or otherwise existing on
			 the effective date of this chapter, nor shall it affect existing rights
			 relating to the operation of any navigation, hydroelectric, or water storage
			 reservoir or related facilities.
(2) Single domestic surface water use,
			 (including up to one-half acre lawn and garden irrigation and associated
			 noncommercial stock watering) shall be exempt from the provisions established
			 in this chapter, except that What com Creek is closed to any further
			 appropriation, including otherwise exempted single domestic use. For all other
			 streams, when the cumulative impact of single domestic diversions begins to
			 significantly affect the quantity of water available for instream uses, then
			 any water rights issued after that time shall be issued for in-house use only,
			 if no alternative source is available.
(3) Nonconsumptive uses which are compatible
			 with the intent of this chapter may be approved.
(4) New interruptible uses may be approved
			 from streams regulated under WAC
			 173-501-040
			 if the department determines through the water right appropriation procedure
			 under chapter 90.03 RCW that the proposed use is consistent with:
(a)The intent of chapter 90.94 RCW to offset
			 potential impacts to instream flows associated with permit-exempt domestic
			 water use; or
(b) Applicable laws
			 and restores and enhances stream-flows.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-080 - Policy statement for future permitting actions

Current through Register Vol. 24-14, July 15, 2024
(1) No rights to divert or store public
			 surface waters of WRIA 1 shall hereafter be granted which shall conflict with
			 the purpose of this chapter except as provided in
			 RCW
			    90.54.020(3)(a).
(2) Consistent with the provisions of
			 chapter
			 90.54 RCW, it is the
			 policy of the department to preserve an appropriate minimum instream flow in
			 all perennial streams and rivers as well as the water levels in all lakes in
			 the Nooksack WRIA by encouraging the use of alternate sources of water which
			 include (a) groundwater, (b) storage water, or (c) acquisition of existing
			 water rights.
Statutory Authority:
				  RCW
				  90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-080, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-090 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
In enforcement of this chapter, the department of ecology may
				impose such sanctions as 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),
				  § 173-501-090, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-090, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-095 - 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),
				  § 173-501-095, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-501 - Instream resources protection program Nooksack water resource inventory area (WRIA) 1 › Section 173-501-100 - 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),
				  § 173-501-100, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.020(3)(a) and
				  90.54.040(1) and
				  (2). 85-24-073 (Order 85-19), §
				  173-501-100, filed 12/4/85.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-010 - General provision

Current through Register Vol. 24-14, July 15, 2024
These rules apply to waters within the Lower and Upper Skagit
				water resources inventory area (WRIA 3 and 4), as defined in WAC
				173-500-040, excluding the Samish
				River subbasin, and any islands surrounded by saltwater including Fidalgo,
				Guemes, Cypress, Hope and Goat islands. This chapter is promulgated pursuant to
				chapter
				90.54 RCW (Water Resources
				Act of 1971), chapter 90.22 RCW (Minimum water flows and levels), and chapter
				173-500 WAC (Water resources management program).
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  06-11-070 (Order 05-15), § 173-503-010, filed 5/15/06, effective 6/15/06.
				  Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW, and
				  chapter 173-500 WAC. 01-07-027 (Order 99-05), § 173-503-010, filed
				  3/14/01, effective 4/14/01.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-030 - Findings

Current through Register Vol. 24-14, July 15, 2024
Ecology finds that:
(1) The magnitude or variability of flows are
			 important in maintaining the aquatic ecosystem that sustains both fish and
			 other valuable resources. Criteria to limit total withdrawals of water from the
			 Lower Skagit River were developed to protect the aquatic ecosystem in the
			 region covered by this rule.
(2) To
			 protect the estuary area below river mile 8.1 the duration of flow inundation
			 of at least one foot of depth, in selected estuary habitat, can be reduced no
			 more than ten percent from existing conditions from the date of enactment of
			 this regulation. This criterion applies to the period of February through
			 August to withdrawals from the Skagit River. Total withdrawals greater than
			 eight hundred thirty-six cubic feet per second during that period will result
			 in a greater than ten percent deviation from existing conditions and therefore
			 would result in harm to the fisheries resources and aquatic ecosystem in the
			 region covered by this rule.
(3)
			 Protection of the aquatic ecosystem of the estuary in the months of September
			 through January requires that the total withdrawals of water from the Skagit
			 River not exceed 1/10 of the fifty percent exceedance flow for each month,
			 based on the period of record (1/1/41 - 12/31/95) for the U.S. Geological
			 Survey (USGS) stream gage on the Skagit River near Mt. Vernon, WA (Sta.
			 #12-2005-00) in order to maintain channel morphology and other estuarine and
			 riverine functions. This equates to a low point of eight hundred thirty cubic
			 feet per second during the month of September. Total withdrawals greater than
			 eight hundred thirty cubic feet per second during the month of September will
			 not protect and preserve fish, wildlife and other environmental values and
			 therefore would be harmful to fisheries resources and the aquatic ecosystem in
			 the region covered by this rule in violation of
			 chapter
			 90.54 RCW.
(4) The rules setting minimum flows in the
			 Lower and Upper Skagit River (WRIA 3 and 4) (WAC
			 173-503-040)  and finding certain
			 waters available (WAC
			 173-503-050)  are necessary to
			 protect and preserve wildlife, fish, scenic, aesthetic and other environmental
			 values.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW, and
				  chapter 173-500 WAC. 01-07-027 (Order 99-05), § 173-503-030, filed
				  3/14/01, effective 4/14/01.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-050 - Water availability determination

Current through Register Vol. 24-14, July 15, 2024
(1) The department has made a determination
			 that two hundred cubic feet per second is available to be appropriated through
			 groundwater withdrawal or surface water diversion for further instantaneous
			 consumptive appropriation in the Lower and Upper Skagit watershed (WRIA 3 and
			 4). These waters are available for appropriation, subject to existing rights,
			 exemptions in WAC
			 173-503-070, and instream flows
			 in WAC 173-503-040(2).
			 This determination was based upon review of existing water right records and
			 existing water use, and is consistent with the findings section (WAC
			 173-503-030)  of this
			 regulation.
(2) The department
			 advises that water rights issued to appropriate these waters determined to be
			 available by this rule will be interruptible rights.
(3) After these instantaneous diversion or
			 withdrawal of the 200 cfs quantities identified in subsection (1) of this
			 section have been allocated by ecology, the Lower and Upper Skagit Watershed
			 (WRIA 3 and 4) shall be withdrawn from further consumptive appropriations. This
			 rule may be reopened to further consumptive appropriation only if further
			 information demonstrates that such appropriations can be made consistent with
			 the finding section (WAC
			 173-503-030)  and the instream
			 flow section (WAC
			 173-503-040). If further
			 information demonstrates that the amount in the availability determination set
			 forth in subsection (1) of this section should have been less than two hundred
			 cubic feet per second, ecology will not be bound by the two hundred cubic feet
			 per second number when processing individual water right
			 applications.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW, and
				  chapter 173-500 WAC. 01-07-027 (Order 99-05), § 173-503-050, filed
				  3/14/01, effective 4/14/01.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-070 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) Nothing in this
			 chapter shall affect existing water rights, including perfected riparian
			 rights, federal Indian and non-Indian reserved rights, or other appropriative
			 rights existing on the effective date of this chapter, nor shall it affect
			 existing rights relating to the operation of any hydroelectric or water storage
			 reservoir or related facilities.
(2) Nonconsumptive uses which are compatible
			 with the intent of this chapter may be approved.
Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW, and
				  chapter 173-500 WAC. 01-07-027 (Order 99-05), § 173-503-070, filed
				  3/14/01, effective 4/14/01.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-080 - Policy statement for future permitting actions

Current through Register Vol. 24-14, July 15, 2024
(1) No rights to divert or store public
			 surface waters of WRIA 3 and 4 which would conflict with the provisions of this
			 chapter shall hereafter be granted, except as provided in
			 RCW
			    90.54.020(3)(a).
(2) Consistent with the provisions of chapter
			 90.54 RCW, it is the policy of the department to preserve an appropriate
			 minimum instream flow in all perennial streams and rivers as well as the water
			 levels in all lakes in the Lower and Upper Skagit watershed (WRIA 3 and 4) by
			 encouraging the use of alternative sources of water which include:
(a) Reuse;
(b) Artificial recharge and
			 recovery;
(c) Conservation;
			 and
(d) Acquisition of existing
			 water rights.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-090 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) In accordance
			 with RCW
			    90.03.605, in order to obtain compliance with
			 this chapter, the department 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.
(2) When the department determines that a
			 violation has occurred, it shall:
(a) First
			 attempt to achieve voluntary compliance, except in egregious cases involving
			 potential harm to other water rights or to the environment. An approach to
			 achieving this is to offer information and technical assistance to the person,
			 in writing, identifying 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, the department shall issue a notice of violation, a
			 formal administrative order under
			 RCW
			    43.27A.190, or assess penalties under
			 RCW
			    43.83B.336,
			 90.03.400,
			 90.03.410,
			 90.03.600,
			 90.44.120 and
			 90.44.130.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-503 - Instream resources protection program - Lower and Upper Skagit water resources inventory area (WRIA 3 and 4) › Section 173-503-100 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 legislature has long acknowledged that water supply and availability around the
			 state are becoming increasingly limited, particularly during summer and fall
			 months and dry years when demand is greatest. Growth and prosperity have
			 significantly increased the competition for this limited resource
			 (RCW
			    90.54.090(1)(a)). This
			 chapter provides limited exceptions for new uses in the Skagit River
			 basin.
(2) However, there is a
			 continuing need for ongoing and reliable sources for new water uses. The need
			 dictates the continued development and use of alternative sources of water.
			 Alternative sources of water of equal or better quality than the proposed
			 source have the potential to be used, where appropriate to improve stream flows
			 for fish, to offset impacts of withdrawals on stream flows and provide sources
			 of water for future out-of-stream uses. Alternative sources include, but are
			 not limited to:
Reuse of reclaimed water;
Artificial recharge and recovery;
Multipurpose water storage facilities;
Conservation and efficiency measures applied to existing uses
				and the transfer of saved water;
Acquisition of existing water rights; and
Establishment of a trust water rights program.
Statutory Authority: Chapters 43.27A,
				  90.54, 90.22, and 90.82 RCW.
				  06-11-070 (Order 05-15), § 173-503-100, filed 5/15/06, effective 6/15/06.
				  Statutory Authority:
				  Chapters
				  90.54 and 90.22 RCW, and
				  chapter 173-500 WAC. 01-07-027 (Order 99-05), § 173-503-100, filed
				  3/14/01, effective 4/14/01.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-010 - General provisions - Authority and applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter is adopted under the
				authority of the Water Resources Act of 1971 (chapter 90.54 RCW), Minimum Water Flows and
				Levels Act (chapter 90.22 RCW), Water Well Construction Act (chapter 18.104
				RCW), Water resource management (chapter 90.42 RCW), Regulation of public
				groundwaters (chapter 90.44
				RCW), and Water resources management program (chapter 173-500 WAC).
(2) This chapter applies to the use and
				appropriation of:
(a) All surface waters that
				drain within the Stillaguamish River basin, also known as water resources
				inventory area (WRIA) 5, including its tributaries and areas adjacent to the
				mouth of the Stillaguamish River that drain to salt water; and
(b) All groundwater hydraulically connected
				with surface waters of the Stillaguamish River basin. Existing studies indicate
				a substantial likelihood that all waters within WRIA 5 are in hydraulic
				continuity with the surface waters covered herein.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				this chapter is to retain perennial rivers, streams, and lakes in the
				Stillaguamish River basin with instream flows and levels necessary to protect
				and preserve wildlife, fish, scenic, aesthetic, recreation, water quality and
				other environmental values, navigational values, and stock water
				requirements.
(2) The chapter
				creates a reservation of adequate and safe supplies of potable water to satisfy
				human domestic needs, and reservations for stock watering.
(3) This chapter sets forth the department's
				policies to guide the protection, utilization and management of Stillaguamish
				River basin surface water and interrelated groundwater resources. It
				establishes instream flows and closures, and sets forth a program for
				administration of future water allocation and use. This chapter does not
				relieve anyone from compliance with relevant statutory requirements.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-020, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-060 - Lakes and ponds

Current through Register Vol. 24-14, July 15, 2024
RCW    90.54.020(3) provides, in part, that the quality of the natural environment shall be
				  protected, and where possible, enhanced, and lakes and ponds shall be retained
				  substantially in their natural condition. The department has determined that
				  further consumptive withdrawals would impact the lakes and ponds of the
				  Stillaguamish River basin. Therefore, surface withdrawals from all lakes and
				  ponds shall be limited to single in-house domestic uses not to exceed one
				  hundred fifty gallons per day per residence.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-060, filed 8/26/05, effective
					 9/26/05.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-505 - Instream resources protection and water resources program › STILLAGUAMISH RIVER BASIN WATER RESOURCES INVENTORY AREA (WRIA) 5 › Section 173-505-070 - Stream closures

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department determines that, based on historical and current low flows and uses,
				no water is available for additional year-round appropriation from the streams
				and tributaries in the Stillaguamish River basin. All unappropriated water from
				the streams and rivers is hereby appropriated for purposes of protecting and
				preserving fish and wildlife and other instream values, as of the date of this
				chapter. Therefore, the department closes all the rivers and streams in the
				Stillaguamish River basin to any further appropriations. This includes all
				groundwater hydraulically connected to those surface waters, the withdrawal of
				which will have an effect on the flow or level of the rivers and
				streams.
(2) Exceptions to the
				closures and instream flow requirements are provided in WAC
				173-505-060,
				173-505-070(3),
				173-505-080,
				173-505-090 and
				173-505-110.
(3) The department finds that there is some
				water above the instream flows at specific locations and times of year that
				could be captured for storage or other projects that do not require year-round,
				uninterruptible water supplies. Therefore, the water sources described in the
				table below have water available for the time periods specified. These
				withdrawals are subject to the instream flows established in WAC
				173-505-050 and the maximum
				allocations defined in WAC
				173-505-100(2).
Table 7 Water Source and Open Periods*
Water Source
Open Period
Stillaguamish River from its multiple mouths at
								Port Susan to the confluence of N.F. Stillaguamish River and S.F. Stillaguamish
								River (RM 0 to 17.8).
October 16-June 30
N.F. Stillaguamish, from RM 0 (its confluence with
								the S.F. Stillaguamish) to river mile 17.6.
October 16-June 30
N.F. Stillaguamish River, from RM 17.6 to its
								headwaters.
November 1-June 30
S.F. Stillaguamish River from its confluence with
								the N.F. Stillaguamish River (RM 17.8) to RM 34.9.
November 1-June 15
Pilchuck Creek from mouth to RM 16.4 (confluence of
								Bear Creek).
October 16-May 31
Squire Creek from mouth to its headwaters.
November 1-February 15, and
May 1-June 30
Canyon Creek from mouth to RM 11.8 (confluence of
								N.F. Canyon Creek and S.F. Canyon Creek).
December 1-May 31
N.F.
is North Fork
S.F.
is South Fork
RM
is river mile
*Tributaries to the water sources are excluded from
								the open period unless specifically listed.
Statutory Authority: Chapters 43.27A,
					 90.54, 90.22, and 90.82 RCW.
					 05-18-016 (Order 02-17), § 173-505-070, filed 8/26/05, effective
					 9/26/05.