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WAC 173-545-060	Agency filings affecting this section
Instream flows based on watershed planning.

  (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 resource management and ecosystem maintenance objectives of the Wenatchee watershed plan.

     (2) Instream flows established in this section protect stream flows from future appropriations, and preserve flow levels that are necessary to protect wildlife, fish, water quality, aesthetic and other environmental values, recreation, and navigational values.

     (3) Instream flows in subsection (7) of this section established at new locations or in larger amounts than the instream flows in WAC 173-545-050(1) are water rights with a priority date of November 2, 2001.

     (4) All water rights (surface and ground water) established after the effective date of this rule, and not covered under the reservation in WAC 173-545-090, are subject to these instream flows. Water rights junior to the instream flow may be exercised when flow or ground water conditions will provide enough water to satisfy senior rights, including the instream flows. New appropriations which would conflict with instream flows shall be authorized only in situations where it is clear that the overriding considerations of the public interest will be served.

     (5) Based upon the department's determination of overriding considerations of public interest, the reservation of water established in WAC 173-545-090 is not subject to the instream flows in subsection (7) of this section or WAC 173-545-050(1).

     (6) Instream flows are expressed in cubic feet per second (cfs). Instream flows are measured at the control stations identified in WAC 173-545-040.

     (7) Instream flows are established for the stream management units in WAC 173-545-040, as follows:

Month	Day	12-4570.00 Wenatchee R. at Plain		12-4585.00 Icicle Cr. near Leavenworth		12-4590.00 Wenatchee R. at Peshastin		ECY 45J070 Nason Cr. near Mouth
Jan	1	550		267		1933		120
	15	550		267		1933		120
Feb	1	550		267		1933		120
	15	550		566		2800		160
Mar	1	550		518		2800		160
	15	700		518		2800		160
Apr	1	910		650		2800		160
	15	1150		650		2800		160
May	1	1500		650		2800		160
	15	2000		650		2800		160
Jun	1	2500		650		2800		160
	15	2000		550		1933		210
Jul	1	1500		550		1933		210
	15	1200		550		1933		210
Aug	1	880		400		1933		180
	15	700		343		1400		180
Sep	1	660		275		1311		165
	15	620		275		1311		165
Oct	1	580		267		1932		120
	15	520		267		2672		120
Nov	1	550		267		2900		120
	15	550		267		2900		120
Dec	1	550		267		1933		120
	15	550		267		1933		120

Month	Day	12-4625.00 Wenatchee R. at Monitor		ECY 45F070 Peshastin Cr. at Green Bridge Rd.		Chumstick Cr. at North Road
Jan	1	1867		53		To be determined (tbd)
	15	1867		53
Feb	1	1867		53		tbd
	15	2400		120
Mar	1	2400		120		tbd
	15	2400		120
Apr	1	2400		120		tbd
	15	2400		120
May	1	2400		120		tbd
	15	2400		120
Jun	1	2400		120		tbd
	15	1600		110
Jul	1	1600		110		tbd
	15	1600		110
Aug	1	1600		80		tbd
	15	900		80
Sep	1	900		80		tbd
	15	1338		80
Oct	1	1723		53		tbd
	15	2427		53
Nov	1	2800		53		tbd
	15	2800		53
Dec	1	1867		53		tbd
	15	1867		53

     (8) Instream flow hydrographs, WAC 173-545-170, Appendix 1 to this rule, shall be used for identification of instream flows on those days not specifically identified in WAC 173-545-060(7).

     (9) Future consumptive water right permits issued hereafter for the withdrawal of surface and ground water from the mainstem Wenatchee River and tributaries shall be subject to instream flows established in subsection (7) of this subsection, except for those withdrawals eligible for the reservation under WAC 173-545-090.

     (10) Projects that would reduce the flow in a portion of a stream's length (e.g.: Hydroelectric diversion projects) are consumptive with respect to the bypassed portion of the stream and are subject to specific instream flow requirements for the bypassed reach. The department may require detailed, project-specific instream flow studies to determine a specific instream flow for the bypassed reach. The flows established in subsection (7) of this section shall apply to the bypassed stream reach unless the department, by order, determines that different flows may be maintained in the bypassed reach.



[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. 08-01-045 (Order 07-06), § 173-545-060, filed 12/12/07, effective 1/12/08. Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-060, filed 6/3/83.]