Section 173-528-070. Surface and groundwater closed to further consumptive appropriations.

(1) Based on historical and current low flows and the water withdrawals by existing water right holders, ecology has determined that no waters are reliably available for new consumptive uses from certain surface water sources in the basin. Therefore, all surface waters listed in Table III are closed to any further consumptive appropriation, except as provided in WAC 173-528-080.

Table III

Surface Water Closures

*Subbasin boundaries are shown in WAC 173-528-030, and are consistent with the boundary descriptions used in the watershed plan.

(2) Based on the hydrogeology of the basin, and the location and depth where groundwater withdrawals generally occur, there is a high likelihood that future groundwater withdrawals would capture water that affects closed surface waters. Therefore, the basin is closed to new withdrawals of groundwater (including any new permit-exempt withdrawals) that would affect closed surface waters, except as provided in WAC 173-528-080.

(3) Applications for a withdrawal that would not affect the closed reaches, listed in Table III, shall be evaluated on a case-by-case basis under applicable law.

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 09-01-127 (Order 08-03), § 173-528-070, filed 12/19/08, effective 1/19/09.]

Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 09-01-127 (Order 08-03), § 173-528-070, filed 12/19/08, effective 1/19/09.

Rules

173-528-080,173-528-030,173-528-080,