Washington Administrative Code

(1) Ecology shall maintain a record of all appropriations from the reserves.(2) For an appropriation under a permit, ecology will account for water use under the reserve based on authorized quantities under water right permits or certificates, and metering data.(3) For permit-exe…

RCW 90.54.020 (3)(a) requires, in part, that the quality of the natural environment shall be protected, and where possible, enhanced, and that lakes and ponds shall be retained substantially in their natural condition.Any withdrawal from a lake or pond in WRIA 17 requires a water…

Each future new appropriation of groundwater or surface water, including permit-exempt well use, is required to install and maintain a measuring device (water meter) meeting specifications provided by ecology. The user must report to ecology, by December 31 of each year, meter re…

Ecology finds that the public interest advanced by future withdrawals for environmental restoration projects (ERPs), as defined and conditioned in this section, clearly overrides the minimal negative impacts on instream flows.(1) Ecology may approve a future withdrawal for an ERP…

(1) Ecology recognizes that rainfall patterns, and the rain shadow effect of the Olympic Mountains, affect water availability in WRIA 17. In addition, population growth patterns in WRIA 17 have historically shown highest growth in areas with less rainfall. For these reasons, ecol…

(1) This chapter applies to all surface and groundwaters within the Dungeness River watershed of water resource inventory area (WRIA) 18, as defined in WAC 173-500-040, excluding the Elwha-Morse watershed basin. The rule covers the area from the Morse-Bagley watershed divide in t…

The purpose of this chapter is to manage water to better satisfy both present and future human needs; to retain natural surface water bodies in the Dungeness River watershed planning area with stream flows at levels necessary to protect instream values and resources; and to imple…

The definitions provided in this section apply only to this chapter."Allocation" means the designation of specific amounts of water for beneficial uses."Appropriation" means the process of legally acquiring the right to use specific amounts of water for beneficial uses, consisten…

(1) The instream flows established in this section are based on recommendations in the 2005 Elwha-Dungeness watershed plan, consultation with the Jamestown S'Klallam Tribe, the departments of fish and wildlife, agriculture, and commerce; and public input received during the rule-…

Surface water: Ecology determines that, based on recommendations in the watershed plan, historical and current low stream flows, and the need to protect existing water rights, water is not reliably available for new consumptive uses from the streams and tributaries in the Dungene…

All future new surface and groundwater appropriations, other than rainwater collection, shall measure withdrawals.(1) Water meters must meet specifications available through ecology.(2) Water meters must be read and reported in accordance with chapter 173-173 WAC or as directed b…

All new groundwater appropriations must comply with the provisions of this chapter.(1) Based on the hydrogeology of the basin, ecology determines that surface water and groundwater sources within the Dungeness watershed are hydraulically connected.(2) If connection to a public wa…

The Dungeness water exchange and new water users choosing to mitigate must submit a mitigation plan to ecology to demonstrate how they will offset the impacts of their proposed consumptive use (see WAC 173-518-070 (3)(a)). The mitigation plan must receive ecology approval and be …

Ecology may give priority to the processing of an application for a change or transfer of an existing water right, a water budget neutral determination, or issuance of a water right permit if the application or request is expected to:(1) Fully offset impacts to surface water;(2) …

(1) Ecology has weighed the public interest supported by providing a limited amount of water for domestic water supply against the potential for negative impact to instream resources. Ecology finds that the public interest advanced by these limited reserves clearly overrides the …

(1) All unmitigated impacts from the consumptive use of water from the reserves and impacts from implementation of ecology approved mitigation plans shall be debited against the maximum depletion amount for each affected subbasin. (2) The maximum depletion amounts shall not be ex…

(1)(a) Ecology determines that there are certain times of the year when there are stream flows in the Dungeness River mainstem above the instream flows, which provide critical ecological functions such as channel and riparian zone maintenance, sediment flushing, and fish migratio…

(1) Notwithstanding other provisions of this chapter, ecology, after consultation with Tribes, Clallam County, Washington department of fish and wildlife, and NOAA fisheries may, on a case-by-case basis, authorize storage projects for environmental enhancement and other beneficia…

RCW 90.54.020 (3)(a) requires, in part, that the quality of the natural environment shall be protected, and where possible, enhanced; and lakes, ponds, and other small bodies of water shall be retained substantially in their natural condition. Future withdrawals must be consisten…

(1) In accordance with RCW 90.03.605, in order to obtain compliance with this chapter, ecology shall prepare and make available to the public technical and educational information, including the implementation plan, regarding the scope and requirements of this chapter. This is in…

(1) Ecology, after consultation with local, tribal, and state governments, may initiate a review, and if necessary amend this rule under chapter 34.05 RCW, if significant new information becomes available.(2) If flow in the Dungeness River, calculated at river mile 4.2, attains a…

All final written decisions of ecology pertaining to water right permits, regulatory orders, and related water right decisions made pursuant to this chapter are subject to appeal to the pollution control hearings board in accordance with chapter 43.21B RCW.[Statutory Authority: C…

[Statutory Authority: Chapters 90.54, 90.22, 90.82, 90.03, 90.42, and 90.44 RCW. WSR 12-23-054 (Order 07-17), § 173-518-140, filed 11/16/12, effective 1/2/13.]

These rules, including any subsequent additions and amendments, apply to waters within and contributing to the Chehalis River basin, WRIA 22 and 23 (see WAC 173-500-040). Chapter 173-500 WAC, the general rules of the department of ecology for the implementation of the comprehensi…

(1) Base flows are established for stream management units with monitoring to take place at certain control stations as follows:STREAM MANAGEMENT UNIT INFORMATIONControl Station No.Stream ManagementUnit NameControl Station byRiver Mile and Section,Township and RangeAffected Strea…

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…

(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 fee…

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 …

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.]

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:…

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: Ch…

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. WSR 88-…

(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 groundwa…

For purposes of this chapter, the following definitions shall be used:"Allocation" means the designation of specific amounts of water for specific beneficial uses."Appropriation" means a beneficial use of waters of the state, authorized by and consistent with all applicable laws …

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 09-01-126 (Order 08-02), § 173-527-030, filed 12/19/08, effective 1/19/09.]

(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 rul…

Ecology hereby establishes the following stream management control points shown in Table I. Management point locations are shown in WAC 173-527-030.Table IStream Management Control Point InformationStream Management Point NameControl Station by River Mile (RM); Latitude (Lat.), L…

(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 duri…

(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 …

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)…

(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 instr…

(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 …

(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 ove…

(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…

(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 …

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 …

(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 groundwa…

For purposes of this chapter, the following definitions shall be used:"Allocation" means the designation of specific amounts of water for specific beneficial uses."Appropriation" means a beneficial use of waters of the state, authorized by and consistent with all applicable laws …

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 09-01-127 (Order 08-03), § 173-528-030, filed 12/19/08, effective 1/19/09.]

(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 rul…