Washington Administrative Code

(1) Using the watershed plan as a primary expression of public interest, and consistent with the authority under RCW 90.54.050(1) and 90.82.130(4), the department's director determines that it is an overriding consideration of the public interest to reserve an amount of surface a…

(1)(a) The department determines that there are certain times when there are surface waters above the instream flows, referred to as "high flows." These high flows provide critical ecological functions such as channel and riparian zone maintenance, flushing of sediments, and fish…

(1) Surface and groundwater permits not subject to the instream flows established in WAC 173-545-060 may be issued if:(a) The proposed use is nonconsumptive, and compatible with the intent of this chapter; or(b) The water use qualifies for the reservation established in WAC 173-5…

No changes to, or transfers of, existing surface and groundwater rights in the Wenatchee River basin shall hereafter be granted if they conflict with the purpose of this chapter. Any change or transfer proposal can be approved only if there is a finding that existing rights, incl…

(1) To obtain compliance with this chapter, the department, with assistance from Chelan County, the planning unit or its successor and partners, shall prepare and distribute technical and educational information regarding the scope and requirements of this chapter to the public. …

All final written decisions of the department pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter can be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.[Statutory Authority: Chapters 90.82,…

Review of this chapter may be initiated by the department whenever significant new information is available, a significant change in conditions occurs, statutory changes are enacted that are determined by the department to require review of the chapter, or if modifications are ne…

For the purposes of administering this chapter, the boundaries of the Wenatchee River basin identified in the figure below are presumed to accurately reflect the basin hydrology. [Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 08-01-045 (Order 07-06)…

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 08-01-045 (Order 07-06), § 173-545-170, filed 12/12/07, effective 1/12/08.]

(1) This chapter is adopted under the authority of 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 resource management (chapter 90.42 RCW), Regulation of public groundwa…

(1) In enacting this chapter, the department uses the Entiat watershed plan as the framework for making future water resource decisions for the Entiat watershed, per RCW 90.82.130. The plan recommendations were approved by the Entiat watershed planning unit, a group composed of a…

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…

The department hereby establishes the following stream management units. The boundaries of the management units are shown on the map in WAC 173-546-150.Stream Management Unit InformationStream Management Unit Name Control Station Gauge #Control Station by River Mile (RM); Section…

(1) The instream flows established in this chapter are based on the recommendations of the Entiat planning unit and public input received during the rule-making process. These instream flows are established in accordance with 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 Entiat watershed shall be retained substantially in their natural condition, including those in the Wenatchee National Forest.[Statutory Authority: Chapters 43.27A, 90.54, 90.22, and 90.82 RCW. WSR 05-16-114 (Order 04-11…

(1) Using the watershed plan as a primary expression of public interest, and consistent with the authority under RCW 90.54.050(1) and 90.82.130(4), the department determines that there is water available, and hereby reserves an amount of surface and groundwater, up to five cubic …

(1)(a) The department determines that there are certain times when there are surface waters above the instream flows, referred to as "high flows." These high flows provide critical ecological functions such as channel and riparian zone maintenance, flushing of sediments, and fish…

(1) Surface and groundwater permits not subject to the instream flows established in WAC 173-546-050 may be issued if:(a) The proposed use is nonconsumptive, and compatible with the intent of this chapter.(b) The water use qualifies for the reservation established in WAC 173-546-…

(1) The legislature, in enacting chapter 90.82 RCW, required that strategies for increasing water supplies must be developed as part of the watershed plans. Such strategies may also be implemented through the watershed planning process. WAC 173-546-070 provides a limited reservat…

No changes to, or transfers of, existing surface and groundwater rights in the Entiat River basin shall hereafter be granted if they conflict with the purpose of this chapter. Any change or transfer proposal can be approved only if there is a finding that existing rights, includi…

(1) To obtain compliance with this chapter the department, with assistance from Chelan County, the planning unit or its successor and partners, shall prepare and distribute technical and educational information regarding the scope and requirements of this chapter to the public. T…

All final written decisions of the department pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter can be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.[Statutory Authority: Chapters 43.27A…

Review of this chapter may be initiated by the department whenever significant new information is available, a significant change in conditions occurs, statutory changes are enacted that are determined by the department to require review of the chapter, or if modifications are ne…

For the purposes of administering this chapter, the boundaries of the Entiat River basin identified in the figure below are presumed to accurately reflect the basin hydrology. [Statutory Authority: Chapters 43.27A, 90.54, 90.22, and 90.82 RCW. WSR 05-16-114 (Order 04-11), § 173-5…

These rules, including any subsequent additions and amendments, apply to waters within and contributing to the Methow River basin, WRIA 48 (see WAC 173-500-040). Chapter 173-500 WAC, the general rules of the department of ecology for the implementation of the comprehensive water …

(1) Base flows are established for stream management units with monitoring to take place at certain control points as follows:STREAM MANAGEMENT UNIT INFORMATIONStream Management Unit Name, Control Station Name and Number Control Station Location by River Mile, Section, Township, …

(1) The department determines that there are surface waters available for appropriation from the stream management units specified in the amount specified in cubic feet per second (cfs) during the time specified as follows:(a) Maximum surface water available for future allocation…

(1) As between rights established in the future pertaining to waters allocated in WAC 173-548-030 (2)(a) and (b), all rights subject to this program shall be regulated in descending order of use category priority regardless of the date of the priority of right.(2) As between righ…

The department, having determined based on existing information that there are no waters available for further appropriation through the establishment of rights to use water consumptively, closes the streams and lakes listed in (a) and (b), and groundwater hydraulically connected…

If it is determined that a future development of groundwater measurably affects surface waters subject to the provisions of chapter 173-548 WAC, then rights to said groundwater shall be subject to the same conditions as affected surface waters.[Order DE 76-37, § 173-548-060, file…

Nothing in this chapter shall be construed to lessen, enlarge, or modify existing rights acquired by appropriation or otherwise, and legally vested prior to the effective date of this chapter.[Order DE 76-37, § 173-548-070, filed 12/28/76.]

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 43.27A, 90.22 and 90.54 RCW. WSR 88-13-037 (…

These rules apply to waters within the Okanogan River Basin (WRIA 49) as defined in WAC 173-500-040. This chapter is promulgated pursuant to chapter 90.54 RCW (the Water Resources Act of 1971) and chapter 90.22 RCW (Minimum water flows and levels) and in accordance with chapter 1…

Chapter 90.54 RCW (the Water Resources Act of 1971) requires that utilization and management of the waters of the state shall be guided by a number of fundamentals, including the following:"(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irri…

For the purposes of this chapter, the term minimum instream flow shall be synonymous with the term base flow as defined in chapter 90.54 RCW and the term minimum flow as defined in chapter 90.22 RCW.[Statutory Authority: Chapters 90.54 and 90.22 RCW. WSR 84-13-076 (Order DE 84-15…

(1) Minimum instream flows are established for stream management units with monitoring to take place at certain control points as follows:Stream Management Unit InformationStream ManagementUnit Name, ControlStation Name andNumberControl StationLocation by RiverMile, Section,Towns…

(1) 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 of the Okanogan River Basin for protection of instream values.(2) In keeping with this policy, a partia…

(1) 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 Okanogan River Basin by encouraging the use of alternat…

(1) In future permitting actions relating to withdrawal of lake waters, lakes and ponds shall be retained substantially in their natural condition. In considering future water right applications, the department shall deny any application for surface or groundwater which will resu…

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 investig…

(1) Nothing in this chapter shall affect any existing water rights including, among others, riparian, appropriative, and federal Indian and non-Indian reserved rights, existing on the effective date of this chapter, nor shall it affect existing rights relating to the operation of…

No rights to divert or store public surface or groundwaters of the Okanogan River Basin, WRIA 49, shall hereafter be granted which shall conflict with the purpose of this chapter except as provided in RCW 90.54.020 (3)(a).[Statutory Authority: Chapters 90.54 and 90.22 RCW. WSR 84…

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: Cha…

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-…

[Statutory Authority: Chapters 90.54 and 90.22 RCW. WSR 84-13-076 (Order DE 84-15), § 173-549-900, filed 6/20/84.]

These rules, including any subsequent additions and amendments, apply to waters within and contributing to the Little Spokane River basin, WRIA 55 (see WAC 173-500-040). Chapter 173-500 WAC, the general rules of the department of ecology for the implementation of the comprehensiv…

"noncommercial agricultural irrigation" means beneficial use of water upon not more than three acres for the purpose of crops and livestock for domestic use.[Order DE 75-24, § 173-555-020, filed 1/6/76.]