Section 173-501-040. Surface water source limitations to further consumptive appropriation.

(1) The following table indicates the status of streams, tributaries and lakes affected by this chapter.

For streams listed as "natural flow," insufficient data are available to develop instream flows outside the closure period. Water right applications for consumptive use will be considered on a case by case basis in consultation with the departments of fisheries and game; tribes will also be notified.

Streams which are not specifically listed in this regulation are affected by the regulation if they are tributary to streams or lakes listed herein; otherwise such streams are not affected.

*	No exemptions. See WAC 173-501-070(2).

**	Lake Whatcom and its tributaries are closed to all further consumptive appropriation; however, any water right applications for consumptive use which were on file with the department of ecology on August 7, 1985 shall be exempt from the closure through the period extending one year from the effective date of this chapter.

(2) When a project (as described in WAC 173-501-030(5)) is proposed on a stream that is closed to further appropriations, the department shall deny the water right application unless the project proponent can adequately demonstrate that the project does not conflict with the intent of the closure.

[Statutory Authority: RCW 90.54.020 (3)(a) and 90.54.040 (1) and (2). WSR 85-24-073 (Order 85-19), § 173-501-040, filed 12/4/85.]

RCW 90.54.020 (3)(a) and 90.54.040 (1) and (2). WSR 85-24-073 (Order 85-19), § 173-501-040, filed 12/4/85.

Rules

173-501-070,173-501-030,