Section 173-505-050. Establishment of instream flows.

(1) Instream flows established in this section protect stream flows from future withdrawals, and preserve flow levels that are necessary to protect wildlife, fish, water quality, scenic, aesthetic and other environmental values, navigational values, and stock watering requirements.

(2) Instream flows established in this section are water rights with a priority date the same as the effective date of this chapter.

(3) Instream flows are expressed in cubic feet per second (cfs). These flows are measured at the control points identified in WAC 173-505-040 and apply to the stream management reach. The instream flow provisions for any water right located in a stream management unit shall specifically describe the instream flow levels for the control station in that unit and shall refer generally to other downstream instream flow requirements that may also become controlling and critical to the use of water under such right.

(4) Instream flows are to be protected from impairment by junior water rights. Except as provided in WAC 173-505-080, 173-505-090, and 173-505-110, junior water rights shall be exercised only when flow conditions provide enough water to satisfy senior rights, including the instream flows set in this chapter. Withdrawals of water that would conflict with the established instream flows shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.

(5) Stream flow requirements on existing water rights are not modified by this chapter. Existing water rights that include a provision that water use will be subject to future instream flows are now subject to the instream flows established in WAC 173-505-050.

(6) Instream flows are established for the stream management units in WAC 173-505-040, as follows:

Table 2

Instream Flows for the Mainstem and North and South Forks, Stillaguamish River

(in cubic feet per second) (RM = River Mile)

Table 3

Instream Flows for Tributaries of

the Mainstem and North and South Forks Stillaguamish River Basin

(in cubic feet per second) (RM = River Mile)

Table 4

Instream Flows for Tributaries of

the Mainstem and North and South Forks Stillaguamish River Basin

(in cubic feet per second) (RM = River Mile)

Table 5

Instream

Flows for Tributaries of

the Mainstem and North and South Forks Stillaguamish River Basin

(in cubic feet per second) (RM = River Mile)

Table 6

Instream Flows for Tributaries of

the Mainstem and North and South Forks Stillaguamish River Basin

(in cubic feet per second) (RM = River Mile)

[Statutory Authority: Chapters 43.27A, 90.54, 90.22, and 90.82 RCW. WSR 05-18-016 (Order 02-17), § 173-505-050, filed 8/26/05, effective 9/26/05.]

Chapters 43.27A, 90.54, 90.22, and 90.82 RCW. WSR 05-18-016 (Order 02-17), § 173-505-050, filed 8/26/05, effective 9/26/05.

Rules

173-505-040,173-505-080,173-505-090,173-505-110,173-505-040,