Washington Administrative Code

Ecology hereby establishes the following stream management control points shown in Table I. Management point locations are shown in WAC 173-528-030.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 173-528-070, Table III or instr…

(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 …

(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 173-528-110 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 …

This chapter is adopted in accordance with the water resources management regulation, chapter 173-500 WAC, which was promulgated under the authority of the Water Resources Act of 1971, chapter 90.54 RCW. This chapter applies to the surface waters of the John Day and McNary Pools …

For the purposes of this chapter, the following definitions shall be used.(1) "Department" means the Washington state department of ecology.(2) "Reservation" means the designation of specific amounts of the water resources for specific future beneficial uses.(3) "John Day/McNary …

Nothing in the chapter shall be construed to lessen, enlarge, or modify existing rights acquired by appropriation or by other means, including federal reserved rights.[Statutory Authority: Chapter 90.54 RCW. WSR 80-08-022 (Order DE 80-19), § 173-531A-030, filed 6/24/80. Formerly …

(1) One million three hundred twenty thousand acre-feet per year are hereby reserved from the John Day/McNary Pools reach to provide a water supply for the 330,000 acres of irrigation projected to be developed by the year 2020. The 330,000 acres includes lands under existing wate…

(1) Twenty-six thousand acre-feet of water per year is reserved from the John Day/McNary Pools reach to provide for future municipal supply to the year 2020.(2) The reservation for municipal use does not guarantee any existing or future supply entity a specific quantity of water.…

All permits issued for waters reserved under WAC 173-531A-040 or 173-531A-050 after the effective date of this chapter and prior to July 27, 1997, shall be subject to the provisions of chapter 173-563 WAC - instream resources protection program for the main stem Columbia River in…

(1) The department, in accordance with applicable statutory provisions, shall review the reservations for future irrigation use and future municipal use at least every five years after adoption of this management regulation.(2) In reviewing the reservations, the department will e…

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…

(1) This chapter is adopted in accordance with 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), Regulation of public groundwaters (chapter 90.44 RCW), Water code (chapter 90.03…

For purposes of this chapter, 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 publ…

The department hereby establishes the following stream management units (Table I). The boundaries of the management units are shown in WAC 173-532-120.Table IStream Management Unit InformationStream Management Unit Name; Management Point (MP) No.; Control Station Gage No.Control …

(1) The instream flows established in this chapter are based on the recommendations of the planning unit; consultation with the departments of fish and wildlife, agriculture, and community, trade, and economic development; the Confederated Tribes of the Umatilla Indian Reservatio…

(1) Based on historical and current low flows and water withdrawals by existing water right holders, the department has determined that no waters are available for new consumptive uses during periods of low surface water flows. Therefore, all rivers and streams in the basin are s…

Surface and groundwater permits may be issued only if consistent with the requirements of the surface and groundwater statutes and other applicable requirements of law and if any one of the following conditions apply:(1) The proposed water use is nonconsumptive.(2) The proposed g…

Where connection to an existing municipal water supply cannot be provided in a timely and reasonable manner, the following exceptions to the gravel aquifer closures in WAC 173-532-040 shall apply:(1) Permit exempt withdrawals for purposes other than stockwatering may occur in the…

The department finds there may be water available above existing water rights and instream flows that could be captured for environmental enhancement projects. This water is only available at specific locations where instream flows are established and during the nonclosure period…

(1) 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 …

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…

For the purpose of administering this chapter, the boundaries of the Walla Walla River basin identified in the figure below are presumed to accurately reflect the basin located within Washington state. [Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR …

The purpose of this rule is to withdraw from appropriation all unappropriated groundwater within upper Kittitas County pending completion of a groundwater study. New groundwater withdrawals will be limited to those that are water budget neutral, as defined in this rule.[Statutory…

RCW 90.54.050 provides that when lacking enough information to support sound decisions, ecology may withdraw waters of the state from new appropriations until sufficient information is available. Before withdrawing waters of the state, ecology must consult with standing committee…

This rule applies to new uses of groundwater relying on the authority of the exemption from permitting found at RCW 90.44.050, as defined in WAC 173-539A-030, and to any new permit authorizing the withdrawal of public groundwater within the upper Kittitas area boundaries issued o…

All unmitigated withdrawals that began after May 10, 1905, may be subject to future curtailment due to conflicts with senior water rights. All unmitigated users are advised to obtain mitigation through senior trust water rights to avoid such curtailment.[Statutory Authority: RCW …

The definitions provided below apply only to this chapter."Applicant" includes the owner(s) of parcels that are the subject of a land use application, a person making a request for water budget neutral determination, or a person requesting a permit to appropriate public groundwat…

(1) Beginning on the effective date of this rule, all public groundwaters within the upper Kittitas County are withdrawn from appropriation. No new appropriation or withdrawal of groundwater may occur, including those exempt from permitting, except:(a) Uses of groundwater for a s…

(1) Persons proposing a new use of groundwater shall apply to ecology for a permit to appropriate public groundwater or, if seeking to rely on the groundwater permit-exemption, shall submit to ecology a request for determination that the proposed permit-exempt use would be water …

(1) RCW 90.42.100 authorizes ecology to use the trust water right program for water banking purposes within the Yakima River Basin.(2) Ecology may expedite the processing of an application for a new water right or a request for a determination of water budget neutrality under Wat…

(1) For residential uses (domestic use and irrigation of not more than 1/2 acre of noncommercial lawn and garden) of groundwater within upper Kittitas County that begin after July 8, 2008, a meter must be installed for each residential connection or each source well that serves m…

(1) To help the public comply with this chapter, ecology may prepare and distribute technical and educational information on the scope and requirements of this chapter.(2) When ecology finds that a violation of this rule has occurred, we shall first attempt to achieve voluntary c…

All of ecology's final written decisions pertaining to permits, regulatory orders, and other related decisions made under this chapter are subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.[Statutory Authority: RCW 90.54.050 and chapt…

[Statutory Authority: RCW 90.54.050 and chapter 43.27A RCW. WSR 11-01-163 (Order 08-12), § 173-539A-990, filed 12/22/10, effective 1/22/11.]

These rules apply to waters within the Wenatchee River basin, WRIA 45, as defined in WAC 173-500-040. This chapter is adopted under chapter 90.54 RCW (Water Resources Act of 1971), chapter 90.22 RCW (minimum water flows and levels), chapter 77.57 RCW (state fisheries code), chapt…

The purposes of this chapter are to retain perennial rivers, streams, and lakes in the Wenatchee River basin with instream flows and levels necessary to protect water quality, wildlife, fish, and other environmental values, as well as aesthetics, recreation, navigation; and to me…

For the purposes of this chapter, the following definitions shall be used:(1) "Allocation" means the designation of specific amounts of water for specific beneficial uses.(2) "Appropriation" means the process of legally acquiring the right to specific amounts of water for benefic…

Stream management units and associated control stations are established as follows:Stream Management Unit InformationControl Station No. Stream Management Unit NameControl Station by River Mile and Section, Township, and RangeAffected Stream Reach(es) including Tributaries12-4570…

(1) The following instream flows were established June 3, 1983. Water rights established after that date and prior to the effective date of this rule are subject to these instream flows. The June 3, 1983, instream flows for the following stream management units in WAC 173-545-040…

(1) The instream flows established in this section are based on the recommendations of the Wenatchee watershed planning unit and public input received during the rule-making process. These instream flows are established under RCW 90.82.080, and are necessary to meet the water res…

In accordance with RCW 90.54.020(3), lakes and ponds in the Wenatchee watershed shall be retained substantially in their natural condition, including those in the Wenatchee National Forest. Water withdrawals from lakes and ponds for purposes eligible under the reservation in WAC …

The Chumstick Creek subbasin shall be closed to all future appropriations other than those provided by the interim reservation in WAC 173-545-090 (1)(d)(vi) until the department adopts a rule establishing instream flows, closes Chumstick Creek permanently, or determines that inst…