WAC 173-527-060. Instream flows

(1) The instream flows established in this chapter are based on the recommendations of the planning unit; consultation with the department of fish and wildlife, department of agriculture, and department of community, trade, and economic development; and public input received during the rule-making process. The planning unit recommended these instream flow levels by unanimous vote. (2) Instream flows established in this chapter are water rights, which protect instream values and functions from future appropriations. The priority date of the instream flows is the effective date of this chapter. In accordance with RCW 90.82.080 , this priority date received unanimous approval from the planning unit. (3) Instream flow rights shall be protected from impairment by any new water rights commenced after the effective date of this chapter and by all future changes and transfers of senior and junior water rights, including both surface and groundwater rights. The following water rights are not subject to the instream flows: (a) A water right put to beneficial use before the effective date of this chapter, unless otherwise stated in the conditions of the water right or change authorization. (b) Water rights appropriated from the reservation of water established in WAC 173-527-110 . (c) Future withdrawals for environmental restoration purposes under WAC 173-527-140 unless included as a permit condition. (4) Instream flows, expressed in cubic feet per second (cfs), are measured at the stream management control points in WAC 173-527-050 . Instream flows apply to all stream reaches that contribute to flow at stream management control points, as shown in Table II of this section. For reaches that are downstream of all management points, the flows set for the nearest upstream management control point shall apply to those reaches. However, if a point of withdrawal is downstream of the confluence of two or more branches, each having a designated management point, the combined flows of the management points shall apply to that withdrawal. Table II Instream Flows in the Lewis Basin (cubic feet per second) Month Stream Management Control Point Kalama River, RM 2.8 Cedar Creek, RM 0.02 Lower Lewis River, RM 19.0 Canyon Creek, RM 2.9 Gee Creek, RM 4.9 January 950 125 2000 66 23 February 950 156 2000 66 42 March 950 156 2000 for Mar. 1, 2200 from Mar. 2 to Mar. 15, 2500 from Mar. 16 to Mar. 30, 2700 for Mar. 31 208 42 April 950 156 2700 208 42 May 950 156 2700 208 42 June 900 104 2700 139 28 July 616 104 2300 from July 1 to July 10, 1900 from July 11 to July 20, 1500 from July 21 to July 30, 1200 for July 31 139 28 August 434 from Aug. 1 to Aug. 15, 400 from Aug. 16 to Aug. 31 46 1200 66 9 September 589 188 1200 66 9 October 1050 188 1200 from Oct. 1 to Oct. 15, 2500 from Oct. 16 to Oct. 31 66 23 November 1050 188 4200 66 23 December 1050 125 4200 from Dec. 1 to Dec. 15, 2000 from Dec. 16 to Dec. 31 66 23 Month Stream Management Control Point Kalama River, RM 2.8 Cedar Creek, RM 0.02 Lower Lewis River, RM 19.0 Canyon Creek, RM 2.9 Gee Creek, RM 4.9 January 950 125 2000 66 23 February 950 156 2000 66 42 March 950 156 2000 for Mar. 1, 2200 from Mar. 2 to Mar. 15, 2500 from Mar. 16 to Mar. 30, 2700 for Mar. 31 208 42 April 950 156 2700 208 42 May 950 156 2700 208 42 June 900 104 2700 139 28 July 616 104 2300 from July 1 to July 10, 1900 from July 11 to July 20, 1500 from July 21 to July 30, 1200 for July 31 139 28 August 434 from Aug. 1 to Aug. 15, 400 from Aug. 16 to Aug. 31 46 1200 66 9 September 589 188 1200 66 9 October 1050 188 1200 from Oct. 1 to Oct. 15, 2500 from Oct. 16 to Oct. 31 66 23 November 1050 188 4200 66 23 December 1050 125 4200 from Dec. 1 to Dec. 15, 2000 from Dec. 16 to Dec. 31 66 23 Month Stream Management Control Point Jenny Creek, RM 0.3 McCormick Creek, RM 2.0 Brezee Creek, RM 0.4 Lockwood Creek, RM 1.2 Mason Creek, RM 1.2 East Fork Lewis River, RM 10.1 Rock Creek #2, RM 1.8 Yacolt Creek, RM 0.02 Rock Creek #1, RM 1.8 January 19 15 31 30 23 500 23 59 75 February 36 28 39 54 42 500 43 97 121 March 36 28 39 54 42 460 43 97 121 April 36 28 39 54 42 460 43 97 121 May 36 28 39 54 42 460 43 97 121 June 24 28 39 36 28 420 29 66 80 July 24 28 39 36 28 233 29 66 80 August 8 6 8 13 9 122 10 26 34 September 8 6 8 13 9 175 from Sep. 1 to Sep. 15, 295 from Sep. 16 to Sep. 30 10 26 34 October 19 15 21 30 23 500 23 59 75 November 19 15 21 30 23 500 23 59 75 December 19 15 21 30 23 500 23 59 75 Month Stream Management Control Point Jenny Creek, RM 0.3 McCormick Creek, RM 2.0 Brezee Creek, RM 0.4 Lockwood Creek, RM 1.2 Mason Creek, RM 1.2 East Fork Lewis River, RM 10.1 Rock Creek #2, RM 1.8 Yacolt Creek, RM 0.02 Rock Creek #1, RM 1.8 January 19 15 31 30 23 500 23 59 75 February 36 28 39 54 42 500 43 97 121 March 36 28 39 54 42 460 43 97 121 April 36 28 39 54 42 460 43 97 121 May 36 28 39 54 42 460 43 97 121 June 24 28 39 36 28 420 29 66 80 July 24 28 39 36 28 233 29 66 80 August 8 6 8 13 9 122 10 26 34 September 8 6 8 13 9 175 from Sep. 1 to Sep. 15, 295 from Sep. 16 to Sep. 30 10 26 34 October 19 15 21 30 23 500 23 59 75 November 19 15 21 30 23 500 23 59 75 December 19 15 21 30 23 500 23 59 75