Section 173-515-030. Establishment of instream flows.

(1) The following instream flows are established for each stream listed, from the point of influence of mean high tide at low flow to the stream's headwaters including tributaries except where indicated otherwise. Monitoring will take place at the control locations indicated.

INSTREAM FLOWS IN THE KITSAP WATER RESOURCE INVENTORY AREA (WRIA) 15

*WAC 173-515-040(2) closes certain streams to additional consumptive appropriations during specific time periods. These closures are indicated by asterisks in the following table. Such closures supersede the indicated instream flow. The Union River closure extends upstream to McKenna Falls (RM 6.7).

**Stream numbers correlate with Plate I, instream resources protection program, Kitsap water resource inventory area (WRIA) 15.

a/	Relating to the waters of Coulter Creek, the department is cognizant of a settlement agreement resulting from Cause No. 14262, in the superior court of the state of Washington for Mason County, "Peter E. Overton, et al., v. Washington Department of Fisheries, et al."

	Although the department of ecology was not a party in this litigation, the department will, to the extent possible, give full consideration to the intent of the settlement agreement in any future water right actions involving said parties: Provided, That, said actions must be consistent with the requirements of chapters 90.03 and 90.44 RCW, and satisfy the general intent of chapter 173-515 WAC.

(2) Instream flow hydrographs, as represented in the document entitled "instream resources protection program," shall be used for definition of instream flows on those days not specifically identified in WAC 173-515-030(1).

(3) All consumptive water rights hereafter established shall be expressly subject to instream flows and closures established in WAC 173-515-030(1) and 173-515-040 (1) through (3). Closures override the instream flows where both are shown except as provided in WAC 173-515-070.

[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 81-16-003 (Order DE 80-45), § 173-515-030, filed 7/24/81.]

Chapters 90.22 and 90.54 RCW. WSR 81-16-003 (Order DE 80-45), § 173-515-030, filed 7/24/81.

Rules

173-515-040,173-515,173-515-040,173-515-070,