WAC 173-548-050. Streams and lakes closed to further consumptive appropriations

The department, having determined based on existing information that there are no waters available for further appropriation through the establishment of rights to use water consumptively, closes the streams and lakes listed in (a) and (b), and groundwater hydraulically connected with these surface waters to further consumptive appropriation[.] This includes rights to use water consumptively established through permit procedures and groundwater withdrawals otherwise exempted from permit under RCW 90.44.050 . Specific situations in which well construction may be approved are identified. No wells shall be constructed for any purposes, including those exempt from permitting under RCW 90.44.050 , unless one or more of the following conditions have been met and construction of the well has been approved in writing by the department prior to the beginning of well construction: (1) The proponent has a valid water right permit recognized by the department. For an existing community domestic use, a water right permit must be held by a purveyor of an approved system. (For the purposes of this chapter, an approved water system is one in compliance with the state drinking water regulations, chapter 246-290 WAC and the state surface and groundwater codes, chapters 90.03 and 90.44 RCW); or (2) The proponent has obtained a valid state surface or groundwater right through a transfer approved by the department under the statutory authority of chapter 90.03 or 90.44 RCW; or (3) The proponent is replacing or modifying an existing well developed under the exemption from permit clause of RCW 90.44.050 and this has been approved in writing by the department; or, (4) If the groundwater being sought for withdrawal has been determined by the department not to be hydraulically connected with surface waters listed as closed, the department may approve a withdrawal. When insufficient evidence is available to the department to make a determination that ground and surface waters are not hydraulically connected, the department shall not approve the withdrawal of groundwater unless the person proposing to withdraw the groundwater provides additional information sufficient for the department to determine that hydraulic continuity does not exist and that water is available. (a) stream closures The following streams are closed all year, including all groundwaters hydraulically connected to these streams. Stream Name (Includes Tributaries) Wolf Creek Bear Creek (Davis Lake) Thompson Creek Beaver Creek Alder Creek Benson Creek Texas Creek Libby Creek Cow Creek Gold Creek McFarland Creek Squaw Creek Black Canyon Creek French Creek Stream Name (Includes Tributaries) Wolf Creek Bear Creek (Davis Lake) Thompson Creek Beaver Creek Alder Creek Benson Creek Texas Creek Libby Creek Cow Creek Gold Creek McFarland Creek Squaw Creek Black Canyon Creek French Creek (b) lake closures The following lakes are closed all year, including all groundwaters hydraulically connected to these lakes: Name Location Alta Lake 3 mi. SW of Pateros Black Lake 25 mi. N of Winthrop Black Pine Lake 9 mi. SW of Twisp Crater Lake 10 mi. W of Carlton Davis Lake Bear Creek Drainage Eagle Lake 11 mi. SW of Carlton French Creek Sec.28, T.31N., R.23E. Libby Lake 10 mi. W of Carlton Louis Lake 20 mi. W of Winthrop Middle Oval Lake 16 mi. W of Carlton North Lake 20 mi. W of Winthrop Patterson Lake Sec.8, T.34N., R.21E. Pearrygin Lake Sec.36, T.35N., R.21E. Slate Lake 14 mi. W of Winthrop Sunrise Lake 16 mi. W of Methow Upper Eagle Lake 12 mi. W of Carlton West Oval Lake 16 mi. W of Carlton Name Location Alta Lake 3 mi. SW of Pateros Black Lake 25 mi. N of Winthrop Black Pine Lake 9 mi. SW of Twisp Crater Lake 10 mi. W of Carlton Davis Lake Bear Creek Drainage Eagle Lake 11 mi. SW of Carlton French Creek Sec.28, T.31N., R.23E. Libby Lake 10 mi. W of Carlton Louis Lake 20 mi. W of Winthrop Middle Oval Lake 16 mi. W of Carlton North Lake 20 mi. W of Winthrop Patterson Lake Sec.8, T.34N., R.21E. Pearrygin Lake Sec.36, T.35N., R.21E. Slate Lake 14 mi. W of Winthrop Sunrise Lake 16 mi. W of Methow Upper Eagle Lake 12 mi. W of Carlton West Oval Lake 16 mi. W of Carlton