Section 173-532-030. Establishment of instream flows.

(1) The instream flows established in this chapter are based on the recommendations of the planning unit; consultation with the departments of fish and wildlife, agriculture, and community, trade, and economic development; the Confederated Tribes of the Umatilla Indian Reservation; and public input received during the rule-making process.

(2) Instream flows established here are water rights, which protect stream flows from future consumptive appropriations. The instream flow recommendations submitted by the planning unit received the unanimous vote of the planning unit. In accordance with RCW 90.82.080 (2)(a), and unanimous vote of the planning unit, the priority date of the instream flows is the effective date of this chapter.

(3) Instream flow rights shall be protected from impairment by junior water rights and by all future changes and transfers of senior and junior water rights.

(4) Instream flows, expressed in cubic feet per second (cfs), are measured at the management points identified in WAC 173-532-025. For reaches that do not have management points, the flows established for the nearest management point or points (where a tributary with a management point contributes to such flow) apply to those reaches.

(5) Instream flows are established for the stream management units in WAC 173-532-025, as indicated in Table II.

Table II

Instream Flows in the Walla Walla River Basin

(cubic feet per second)

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 07-17-007 (Order 04-08), § 173-532-030, filed 8/2/07, effective 9/5/07; Order DE 77-30, § 173-532-030, filed 12/14/77.]

Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 07-17-007 (Order 04-08), § 173-532-030, filed 8/2/07, effective 9/5/07; Order DE 77-30, § 173-532-030, filed 12/14/77.

Rules

173-532-025,173-532-025,