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 ground water hydraulically connected with these surface waters to further consumptive appropriation[.] This includes rights to use water consumptively established through permit procedures and ground water withdrawals otherwise exempted from permit under RCW
90.44.050. Specific situations in which well construction may be approved are identified.
No wells shall be constructed for any purposes, including those exempt from permitting under RCW
90.44.050, unless one or more of the following conditions have been met and construction of the well has been approved in writing by the department prior to the beginning of well construction:
(1) The proponent has a valid water right permit recognized by the department. For an existing community domestic use, a water right permit must be held by a purveyor of an approved system. (For the purposes of this chapter, an approved water system is one in compliance with the state drinking water regulations, chapter
246-290 WAC and the state surface and ground water codes, chapters
90.03 and
90.44 RCW); or
(2) The proponent has obtained a valid state surface or ground water right through a transfer approved by the department under the statutory authority of chapter
90.03 or
90.44 RCW; or
(3) The proponent is replacing or modifying an existing well developed under the exemption from permit clause of RCW
90.44.050 and this has been approved in writing by the department; or,
(4) If the ground water being sought for withdrawal has been determined by the department not to be hydraulically connected with surface waters listed as closed, the department may approve a withdrawal. When insufficient evidence is available to the department to make a determination that ground and surface waters are not hydraulically connected, the department shall not approve the withdrawal of ground water unless the person proposing to withdraw the ground water provides additional information sufficient for the department to determine that hydraulic continuity does not exist and that water is available.
(a)
STREAM CLOSURES The following streams are closed all year, including all ground waters hydraulically connected to these streams.
| | Stream Name
(Includes Tributaries) |
| | Wolf Creek |
| | Bear Creek |
| | (Davis Lake) |
| | Thompson Creek |
| | Beaver Creek |
| | Alder Creek |
| | Benson Creek |
| | Texas Creek |
| | Libby Creek |
| | Cow Creek |
| | Gold Creek |
| | McFarland Creek |
| | Squaw Creek |
| | Black Canyon Creek |
| | French Creek |
(b)
LAKE CLOSURES The following lakes are closed all year, including all ground waters hydraulically connected to these lakes:
| Name |
Location |
| Alta Lake | 3 mi. SW of Pateros |
| Black Lake | 25 mi. N of Winthrop |
| Black Pine Lake | 9 mi. SW of Twisp |
| Crater Lake | 10 mi. W of Carlton |
| Davis Lake | Bear Creek Drainage |
| Eagle Lake | 11 mi. SW of Carlton |
| French Creek | Sec.28, T.31N., R.23E. |
| Libby Lake | 10 mi. W of Carlton |
| Louis Lake | 20 mi. W of Winthrop |
| Middle Oval Lake | 16 mi. W of Carlton |
| North Lake | 20 mi. W of Winthrop |
| Patterson Lake | Sec.8, T.34N., R.21E. |
| Pearrygin Lake | Sec.36, T.35N., R.21E. |
| Slate Lake | 14 mi. W of Winthrop |
| Sunrise Lake | 16 mi. W of Methow |
| Upper Eagle Lake | 12 mi. W of Carlton |
| West Oval Lake | 16 mi. W of Carlton |
[Statutory Authority: Chapters 34.05, 90.54, 18.104, 90.03 and 90.44 RCW. 91-23-093 (Order 91-27), § 173-548-050, filed 11/19/91, effective 12/20/91; Order DE 76-37, § 173-548-050, filed 12/28/76.]