Section 173-518-040. Establishment of instream flows.

(1) The instream flows established in this section are based on recommendations in the 2005 Elwha-Dungeness watershed plan, consultation with the Jamestown S'Klallam Tribe, the departments of fish and wildlife, agriculture, and commerce; and public input received during the rule-making process.

(2) Instream flows established in this rule are necessary to meet the water resource management objectives of the Elwha-Dungeness watershed plan.

(3) Instream flows established in this rule are water rights and will be protected from impairment by any new water rights commenced after the effective date of this chapter and by future water right changes and transfers.

(4) Instream flows are expressed in cubic feet per second (cfs), and are measured at the control stations identified in Table I. Tables II A and B identify instream flows set by this rule.

(5) Exceptions to the instream flow requirements are provided in WAC 173-518-070, 173-518-080, and 173-518-085. Any other new water appropriation established after the effective date of this rule will be subject to interruption when stream flows drop below the instream flow levels set in Table II.

Table I

Subbasin Management Unit Information

Table II A

Instream Flows in the Dungeness River Basin

(cubic feet per second)

Table II B

Instream Flows in the Dungeness River Basin

(cubic feet per second)

[Statutory Authority: Chapters 90.54, 90.22, 90.82, 90.03, 90.42, and 90.44 RCW. WSR 12-23-054 (Order 07-17), § 173-518-040, filed 11/16/12, effective 1/2/13.]

Chapters 90.54, 90.22, 90.82, 90.03, 90.42, and 90.44 RCW. WSR 12-23-054 (Order 07-17), § 173-518-040, filed 11/16/12, effective 1/2/13.

Rules

173-518-070,173-518-080,173-518-085,