(1) Surface and groundwater permits not subject to the instream flows established in WAC 173-545-060 may be issued if:

(a) The proposed use is nonconsumptive, and compatible with the intent of this chapter; or

(b) The water use qualifies for the reservation established in WAC 173-545-090.

(2)(a) Future applications for surface waters that are not part of the reservation established in WAC 173-545-090 may be approved subject to the instream flows established in WAC 173-545-060 and the maximum water allocation limits established in WAC 173-545-100, unless the source is closed to further appropriation.

(b) Future applications for groundwaters that are not part of the reservation established in WAC 173-545-090 may be approved subject to the instream flows established in WAC 173-545-060 and the maximum water allocation limits established in WAC 173-545-100 (except if there is a closure). Based upon existing data and the findings in the watershed plan, the department determines that there is a high likelihood of hydraulic continuity between surface water and groundwater sources within both the Wenatchee River management units and tributaries established in WAC 173-545-040. Therefore, water rights without instream flow limitations may be issued for groundwater only if the department determines that the withdrawal of groundwater with proposed mitigation in place would not adversely affect or impair the instream flows.

(3) No right to withdraw or store the public surface or groundwaters of the Wenatchee River basin that conflicts with the provisions of this chapter will hereafter be granted, except in cases where such rights will clearly serve overriding considerations of the public interest, as stated in RCW 90.54.020 (3)(a).

(4) All future surface and groundwater permit holders shall be required to install and maintain measuring devices and report the data to the department in accordance with permit requirements. In addition, the department may require the permit holder to monitor stream flows and groundwater levels.