WAC 173-546-050. Establishment of instream flows

(1) The instream flows established in this chapter are based on the recommendations of the Entiat planning unit and public input received during the rule-making process. These instream flows are established in accordance with RCW 90.82.080 , and are necessary to meet the water resource management and ecosystem maintenance objectives of the Entiat watershed plan. Instream flows can serve to protect senior water rights. (2) Instream flows established in this chapter protect stream flows from future withdrawals, and preserve flow levels that are necessary to protect wildlife, fish, water quality, scenic, aesthetic and other environmental values, navigational values, and stock watering requirements. In addition to protecting instream resources, instream flows serve to protect senior water rights. (3) Instream flows established here are water rights. In accordance with RCW 90.82.080 (2)(a), the planning unit determined by unanimous vote that the priority date of the instream flows is the effective date of this chapter. (4) All water rights established after the priority date of the instream flows, and not covered under the reservation, are expressly subject to these instream flows. Water rights junior to the instream flow may be exercised when flow or groundwater conditions will provide enough water to satisfy senior rights, including the instream flows. Withdrawals of water which would conflict with instream flows shall be authorized only in situations where it is clear that the overriding considerations of the public interest will be served. (5) The reservation of water established in WAC 173-546-070 will have a priority date senior to the instream flows. Full use of the reservation will not diminish the protective levels established by the instream flows in WAC 173-546-050, and is necessary to meet the water resource management and ecosystem maintenance objectives under chapters 90.82 and 90.54 RCW. (6) Instream flows are expressed in cubic feet per second (cfs). Instream flows are measured at the control stations identified in WAC 173-546-040 . (7) Instream flows are established for the stream management units in WAC 173-546-040 , as follows: Instream Flows in the Entiat River Basin (cubic feet per second) Month Days USGS Gauge #12452990 USGS Gauge #12452800 USGS Gauge #12452890 Lower Entiat nr. Entiat, RM 1.4 Upper Entiat nr. Ardenvoir, RM 18 Mad River at Ardenvoir RM 0.35 January 1-31 185 175 32 February 1-29 185 175 32 March 1-15 185 175 32 16-31 250 285 68 April 1-15 250 325 100 16-30 350 375 100 May 1-15 474 375 100 16-31 720 375 100 June 1-15 898 325 100 16-30 617 325 100 July 1-15 359 275 68 16-31 268 275 68 August 1-15 185 275 68 16-31 185 275 51 September 1-30 185 175 32 October 1-31 185 175 32 November 1-30 185 175 32 December 1-31 185 175 32 Month Days USGS Gauge #12452990 USGS Gauge #12452800 USGS Gauge #12452890 Lower Entiat nr. Entiat, RM 1.4 Upper Entiat nr. Ardenvoir, RM 18 Mad River at Ardenvoir RM 0.35 January 1-31 185 175 32 February 1-29 185 175 32 March 1-15 185 175 32 16-31 250 285 68 April 1-15 250 325 100 16-30 350 375 100 May 1-15 474 375 100 16-31 720 375 100 June 1-15 898 325 100 16-30 617 325 100 July 1-15 359 275 68 16-31 268 275 68 August 1-15 185 275 68 16-31 185 275 51 September 1-30 185 175 32 October 1-31 185 175 32 November 1-30 185 175 32 December 1-31 185 175 32