Washington Administrative Code

(1) Base flows are established for stream management units with monitoring to take place at certain control points as follows:Stream Management Unit InformationControl StationNumber, StreamManagementUnit NameControl StationLocation by RiverMile and Section,Township RangeAffectedS…

(1) The department determines that these 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) Surface water available from the east branch of the L…

(1) As between rights established in the future pertaining to waters allocated in WAC 173-555-040 (2)(a) and (b), all rights established in (a) shall be superior to those pertaining to (b) regardless of the date of the priority of right.(2) As between rights established in the fu…

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 except for domestic and normal stockwatering purposes exclud…

Nothing in this chapter shall be construed to lessen, enlarge or modify the existing rights acquired by appropriation or otherwise.[Order DE 75-24, § 173-555-070, filed 1/6/76.]

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 (…

(1) The department of ecology (ecology) adopts this rule under the authority of the Watershed Planning Act (chapter 90.82 RCW), Water Resources Act of 1971 (chapter 90.54 RCW), Water code (chapter 90.03 RCW), Regulation of public groundwaters (chapter 90.44 RCW), Minimum Water Fl…

(1) This rule applies to the mainstem of the Spokane River and all surface water and groundwater within the boundary of the SVRP aquifer, as identified in U.S. Geological Survey Scientific Investigations Report 2007-5041. The map provided in WAC 173-557-110 is for informational p…

"Appropriation" means the process of legally acquiring the right to use specific amounts of water for beneficial uses, consistent with the ground and surface water codes and other applicable water resource statutes."Consumptive use" means use of water that diminishes the volume o…

Stream management units, control stations, and their application to surface water and groundwater withdrawals are established as shown in Table 1. Control stations are shown in the map in WAC 173-557-110.Table 1Stream Management Unit InformationStream Management Unit Name and Con…

(1) The priority date of the instream flows established in this chapter is the effective date of this chapter.(2) Instream flows, expressed in cubic feet per second (cfs), are shown in Table 2 of this section. Instream flows are monitored at the stream management control stations…

(1) Instream flows established in this rule are water rights and shall be protected from impairment by:(a) New water right permits approved by ecology after the effective date of this chapter; or(b) Permit-exempt withdrawals established within the area regulated under this chapte…

No changes to, or transfers of, existing surface water and groundwater rights in the area covered under this rule shall hereafter be granted if they conflict with the protection of the instream flow levels established in this chapter. Any change or transfer proposal can be approv…

Ecology shall enforce this rule in accordance with chapters 90.03 and 90.44 RCW, and any other applicable laws and rules.[Statutory Authority: Chapters 90.54, 90.22, 90.82, 90.03, 90.44, 18.104, and 43.27A RCW. WSR 15-04-033 (Order 13-11), § 173-557-080, filed 1/27/15, effective …

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

Ecology, after consultation with local, tribal, and state governments, may initiate a review, and if necessary amend this chapter, following the procedures of chapter 34.05 RCW, if: Significant new scientific information becomes available; a significant change in conditions occur…

In administering this chapter, hydrologic evidence of the SVRP aquifer as defined in WAC 173-557-020(1) determines applicability. The map in Figure 1 of this section, generally reflects the boundary of the SVRP aquifer and is provided for informational purposes only.Figure 1 - Sp…

This regulation 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, including any amendments, applies to all waters that lie wi…

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) "Base flow" means a level of stream flow established in accordance with provisions of chapter 90…

RCW 90.54.020 requires that perennial rivers and streams shall be retained with base flows necessary to provide for preservation of wildlife, fish, scenic, aesthetic, and other environmental values and navigational values. Under this provision, base flows for stream management un…

(1) The department determines that surface water is available for appropriation from the Upper Colville River stream management unit and the Lower Colville River stream management unit except as provided in WAC 173-559-050(2). Tables 3 and 4 show the available amounts in cubic fe…

(1) The department has determined that no water is available for further consumptive appropriation in streams tributary to the Colville River. Therefore, these tributary streams are closed to further consumptive appropriation except for reservoir storage from November 1 through M…

If it is determined that a future development of groundwater affects surface waters subject to the provisions of WAC 173-559-030 through 173-559-050, then rights to said groundwater shall be subject to the same conditions as affects the surface water.[Order DE 77-6, § 173-559-060…

Nothing in this chapter shall be construed to lessen, enlarge, or modify existing rights acquired by appropriation or by other means.[Order DE 77-6, § 173-559-070, filed 7/22/77.]

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-…

The Columbia River is an international as well as an interstate river with its waters subject to laws of seven western states, the Province of British Columbia, Canada and the federal governments of the United States and Canada. The flows and levels of the river are in a state of…

(1) This chapter applies to public surface waters of the main stem Columbia River in Washington state and to any groundwater the withdrawal of which is determined by the department of ecology to have a significant and direct impact on the surface waters of the main stem Columbia …

These rules are adopted under the authority of chapters 90.54, 90.22, and 90.03 RCW, and in relation to chapter 173-500 WAC.[Statutory Authority: RCW 90.54.040, 90.54.050, chapters 90.03 and 90.22 RCW. WSR 80-08-021 (Order DE 80-2), § 173-563-030, filed 6/24/80.]

(1) In order to protect the quality of the natural environment and provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values, minimum instantaneous flows and minimum average weekly flows are established for instream uses…

(1) The director of the department of ecology, when he deems it to be an overriding public interest requirement, may reduce the minimum instantaneous and/or average weekly flows for the Columbia River established in this chapter up to twenty-five percent during low flow years, ex…

In order to protect the quality of the natural environment and provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values, and navigational values, the minimum average weekly flows listed in WAC 173-563-040(3) are established for out-of-stream us…

(1) For the first 4,500 cfs of water rights issued subject to this program, the following conditions shall apply:(a) When the March 1 forecast of April-September runoff at The Dalles, Oregon (as published by the National Weather Service in Water Supply Outlook for the Western Uni…

(1) The department, having determined that public water is available from the main stem of the Columbia River in Washington and that continued issuance of water right permits and certificates therefrom is in the public interest, does acknowledge and is concerned that, cumulativel…

In enforcement of this chapter, the department of ecology may impose such sanctions as appropriate under the 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:…

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-…

Future authorizations for the use of water which would conflict with the provisions of this chapter shall be authorized by the director only in those situations when it is clear that overriding considerations of the public interest will be served. Such decisions shall be made in …

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) All water right permits and certificates subject to this chapter or issued subject to chapter 173-531A WAC shall be issued subject to the department's minimum flow requirements. (The minimum average weekly flows established in WAC 173-563-040 and 173-563-052 are equivalent to…

FIGURE 1CRITICAL FLOW ADJUSTMENT MINIMUM INSTANTANEOUSAND WEEKLY AVERAGE FLOWS COLUMBIA RIVER [Statutory Authority: RCW 90.54.040, 90.54.050, chapters 90.03 and 90.22 RCW. WSR 82-21-001 and 82-21-007 (Orders DE 82-35 and DE 82-35A), § 173-563-900, filed 10/7/82 and 10/8/82; WSR 8…

The Snake River is an interstate river with waters subject to laws of five states and the federal government. The flows and levels of the river in Washington state are heavily influenced by the operation of federally owned and federally licensed dams located upstream from Washing…

These rules are adopted under the authority of chapters 34.05, 43.21A, 43.27A, 90.03, 90.44, and 90.54 RCW, and in relation to chapter 173-500 WAC.[Statutory Authority: Chapters 34.05, 43.21A, 43.27A, 90.03, 90.44 and 90.54 RCW and chapter 173-500 WAC. WSR 93-01-010 (Order 92-21)…

(1) This chapter applies to public surface waters of the main stem of the Snake River in Washington and to any groundwater where the groundwater is determined by the department of ecology to be part of or tributary to the surface waters of the main stem of the Snake River. For pu…

(1) The National Marine Fisheries Service (NMFS) listed Snake River sockeye salmon as endangered under the federal Endangered Species Act on December 20, 1991. NMFS listed Snake River spring/summer and fall chinook salmon as threatened under the act on May 17, 1992. Since then, n…

(1) In the adoption of the Streamflow Restoration Act, the legislature stated the intent to appropriate three hundred million dollars for projects to achieve the goals of the act until June 30, 2033. They further directed ecology to implement a program to restore and enhance stre…

(1) This chapter only applies to grants issued by ecology that are funded under chapter 90.94 RCW, Streamflow restoration.(2) All grants shall be subject to existing accounting and auditing requirements of state laws and regulations applicable to the issuance of grants.(3) State …

Definitions provided only apply to this chapter. "Agreement effective date" means the date on which the grant or loan agreement becomes effective, as specified in the grant agreement."Agreement expiration date" means the latest date eligible costs can be incurred, as specified in…