Chapter 173-511 WAC

Last Update: 6/9/88

INSTREAM RESOURCES PROTECTION PROGRAM—NISQUALLY RIVER BASIN, WATER RESOURCE INVENTORY AREA (WRIA) 11

WAC Sections

173-511-010General provision.
173-511-020Purpose.
173-511-030Establishment of instream flows.
173-511-040Surface water source limitations to further consumptive appropriations.
173-511-050Groundwater.
173-511-060Lakes.
173-511-070Exemptions.
173-511-080Future rights.
173-511-090Enforcement.
173-511-095Appeals.
173-511-100Regulation review.


173-511-010
General provision.

These rules apply to waters within the Nisqually River basin, WRIA 11, as defined in WAC 173-500-040. This chapter is promulgated pursuant to chapter 90.54 RCW (Water Resources Act of 1971), chapter 90.22 RCW (minimum water flows and levels), and in accordance with chapter 173-500 WAC (water resources management program).
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-010, filed 2/2/81.]



173-511-020
Purpose.

The purpose of this chapter is to retain perennial rivers, streams, and lakes in the Nisqually River basin with instream flows and levels necessary to provide protection for wildlife, fish, scenic, aesthetic, environmental values, recreation, navigation, and to preserve water quality.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-020, filed 2/2/81.]



173-511-030
Establishment of instream flows.

(1) Stream management units and associated control stations are established as follows:
STREAM MANAGEMENT UNIT INFORMATION
Control Station
No. Stream
Management
Unit Name
Control Station
Location, River
Mile and Section,
Township and Range
Affected Stream
Reach
New gage
Nisqually River
4.3
9, 18N, 1E
From influence of mean annual high tide at low base flow levels to the outlet of the Centralia City Light Power Plant.
12-0895-00
Nisqually River
21.8
28, 17N, 2E
From outlet of the Centralia City Light Power Plant at river mile 12.6 to Centralia City Light Power canal diversion at river mile 26.2, including all tributaries.
12-0884-00
Nisqually River
32.6
21, 16N, 3E
From the Centralia City Light Power canal diversion at river mile 26.2 to gage 12-0865-00 near the La Grande Power Plant, including all tributaries except the Mashel River.
12-0825-00
Nisqually River
57.8
29, 15N, 6E
From gage 12-0865-00 near the La Grande Power Plant to the headwaters including all tributaries.
12-0870.00
Mashel River
3.25
11, 16N, 4E
From mouth upstream to the headwaters including all tributaries.
(2) Instream flows established for the stream management unit described in WAC 173-511-030(1) are as follows:
INSTREAM FLOWS IN THE NISQUALLY RIVER BASIN
(in Cubic Feet per Second)
Month
Day
Lower Reach
of the
Nisqually
River
USGS Gage
12-* RM 4.3
RM 4.3
Bypass Reach
of the
Nisqually
River
USGS Gage
12-0895-00
RM 21.8
Mid Reach
of the
Nisqually
River
USGS Gage
12-0884-00
RM 32.6-
January
1
900
600
900
15
900
600
900
February
1
900
600
900
15
900
600
900
March
1
900
600
900
15
900
600
900
April
1
900
600
900
15
900
600
900
May
1
900
600
900
15
900
600
900
June
1
900
500(closed)
800(closed)
15
850
450(closed)
800(closed)
July
1
800
400(closed)
800(closed)
15
800
400(closed)
800(closed)
August
1
800
370(closed)
800(closed)
15
800
370(closed)
650(closed)
September
1
600
370(closed)
600(closed)
15
600
370(closed)
600(closed)
October
1
700
550(closed)
700(closed)
15
700
550(closed)
700(closed)
November
1
700
600
700
15
700
600
700
December
1
800
600
800
15
900
600
900
 
*New gage to be established.
Month
Day
Upper Reach
of the
Nisqually River
USGS Gage
12-0825-00
RM 57.8
Mashel River
USGS Gage
12-0870-00
RM 3.25
January
1
450
100
15
450
100
February
1
450
100
15
450
100
March
1
450
100
15
450
100
April
1
450
100
15
450
100
May
1
450
100
15
450
80
June
1
600
80(closed)
15
650
70(closed)
July
1
550
50(closed)
15
500
40(closed)
August
1
450
30(closed)
15
400
30(closed)
September
1
350
20(closed)
15
300
20(closed)
October
1
300
20(closed)
15
300
20(closed)
November
1
350
40
15
400
70
December
1
450
100
15
450
100
(3) Instream flow hydrographs, as represented in the document entitled "Nisqually River basin instream resource protection program," shall be used for identification of instream flows on those days not specifically identified in WAC 173-511-030(2).
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-030, filed 2/2/81.]



173-511-040
Surface water source limitations to further consumptive appropriations.

(1) The department has determined that (a) certain streams exhibit low summer flows or have a potential for going dry thereby inhibiting anadromous fish passage during critical life stages, and (b) historic flow regimes and current uses of certain other streams indicate that no water is available for additional appropriation. Based upon these determinations the following streams and lakes are closed to further appropriation for the periods indicated:
NEW SURFACE WATER CLOSURES
Stream or Lake
Section, Township,
and Range of
Mouth or Outlet
Tributary to
Period of Closure
Mashel River
NE1/4SW1/4 Sec. 29,
T16N, R4E
and all tributaries
Nisqually River
June 1 - Oct. 31
Red Salmon Creek
(Mounts Creek)
NE1/4NW1/4 Sec. 33,
T19N, R1E
and all tributaries
Nisqually River
April 1 - Oct. 31
Clear Creek
NE1/4SE1/4 Sec. 21,
T18N, R1E
and all tributaries
Nisqually River
April 1 - Oct. 31
Tanwax Creek
NW1/4NE1/4 Sec.20,
T16N, R3E
and all tributaries
Nisqually River
April 1 - Oct. 31
McAllister Creek
(except Medicine Creek)
NW1/4N1/4 Sec. 6,
T18N, R1E
and all tributaries
Puget Sound
all year
Lake Saint Clair
SE1/4NW1/4 Sec. 6,
T17N, R1E
all year
Toboton Creek
(above Hopson Road)
SW1/4SW1/4 Sec. 19,
T16N, R3E
and all tributaries
Nisqually River
April 1 - Nov. 30
Lackamas Creek
SE1/4SE1/4 Sec. 13,
T16N, R2E
and all tributaries
Nisqually River
April 1 - Nov. 30
Murray Creek
NW1/4NW1/4 Sec. 16,
T17N, R2E
Nisqually River
April 1 - Nov. 30
Bypass Reach,
Nisqually River
NE1/4SE1/4 Sec. 11,
T17N, R1E
Puget Sound
June 1 - Oct. 31
Mid Reach,
Nisqually River
SE1/4NW1/4 Sec. 1,
T16N, R2E
Puget Sound
June 1 - Oct. 31
(2) The following stream and lake low flows and closures are adopted confirming surface water source limitations previously established administratively under the authority of chapter 90.03 RCW and RCW 75.20.050.
EXISTING SURFACE WATER SOURCE LIMITATIONS
CURRENT ADMINISTRATIVE STATUS OF STREAMS AND LAKES
NISQUALLY BASIN, WRIA 11
Stream
Tributary to
Action
Dates
Eaton Creek
SE1/4NW1/4 Sec. 6,
T17N, R1E
Lake St. Clair
Closure
12/1/53
Harts Lake and
outlet streams
SW1/4SE1/4 Sec. 1,
T16N, R2E
Nisqually River
Low Flow (0.5
cfs bypass)
10/7/44
Horn Creek
SW1/4NE1/4 Sec. 1,
T16N, R2E
Nisqually River
Closure
7/22/74
Muck Creek
and all tributaries
SW1/4SW1/4 Sec. 36,
T18N, R1E
Nisqually River
Closure
5/26/48
Ohop Creek
and all tributaries
SW1/4NE1/4 Sec. 25,
T16N, R3E
Nisqually River
Closure
2/15/52
Ohop Lake
NE1/4SE1/4 Sec. 10,
T16N, R1E
Ohop Creek
Lake Level
(523 ft)
3/25/66
Thompson Creek
and all tributaries
SE1/4NE1/4 Sec. 11,
T17N, R1E
Nisqually River
Low Flow (1.0
cfs bypass)
11/19/51
Unnamed Stream
and all tributaries
SW1/4NW1/4 Sec. 11,
T15N, R4E
Alder Lake
(Nisqually River)
Closure
4/28/64
Unnamed Stream
and all tributaries
SW1/4SE1/4 Sec. 17,
T17N, R2E
Centralia Canal
(Nisqually River)
Low Flow (0.75
cfs bypass)
11/19/51
Unnamed Stream
and all tributaries
SE1/4SE1/4 Sec. 27,
T17N, R2E
Nisqually River
Low Flow (0.50
cfs bypass)
12/6/50
Yelm Creek
and all tributaries
SW1/4SW1/4 Sec. 12,
T.17N, R1E
Nisqually River
Closure
8/7/51
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-040, filed 2/2/81.]



173-511-050
Groundwater.

Future groundwater withdrawal proposals will not be affected by this chapter unless it is verified that such withdrawal would clearly have an adverse impact upon the surface water system contrary to the intent and objectives of this chapter.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-050, filed 2/2/81.]



173-511-060
Lakes.

In future permitting actions relating to withdrawal of lake waters, lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in situations where it is clear that overriding considerations of the public interest will be served.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-060, filed 2/2/81.]



173-511-070
Exemptions.

(1) Nothing in this chapter shall affect existing water rights, riparian, appropriative, or otherwise existing on the effective date of this chapter, nor shall it affect existing rights relating to the operation of any navigation, hydroelectric or water storage reservoir or related facilities.
(2) If, upon detailed analysis, appropriate and environmentally sound proposed storage facilities are found to be compatible with this chapter, such facilities may be approved.
(3) Domestic use for a single residence shall be exempt from the provisions of this chapter; provided that, if the cumulative effects of numerous single domestic diversions and/or withdrawals would seriously affect the quantity of water available for instream uses, then only domestic in-house use shall be exempt if no alternative source is available.
(4) Stock-watering use, except that related to feedlots, shall be exempt from the provisions established in this chapter.
(5) Future rights for nonconsumptive uses may be granted.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-070, filed 2/2/81.]



173-511-080
Future rights.

No rights to divert or store public surface waters of the Nisqually River basin, WRIA 11, shall hereafter be granted, except as provided in WAC 173-511-070, which shall conflict with the purpose of this chapter as stated in WAC 173-511-020.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-080, filed 2/2/81.]



173-511-090
Enforcement.

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: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. WSR 88-13-037 (Order 88-11), § 173-511-090, filed 6/9/88. Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-090, filed 2/2/81.]



173-511-095
Appeals.

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: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. WSR 88-13-037 (Order 88-11), § 173-511-095, filed 6/9/88.]



173-511-100
Regulation review.

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 88-13-037 (Order 88-11), § 173-511-100, filed 6/9/88. Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-04-028 (Order DE 80-42), § 173-511-100, filed 2/2/81.]