Chapter 173-513 WAC

Last Update: 6/9/88

INSTREAM RESOURCES PROTECTION PROGRAM—DESCHUTES RIVER BASIN, WATER RESOURCE INVENTORY AREA (WRIA) 13

WAC Sections

173-513-010General provision.
173-513-020Purpose.
173-513-030Establishment of instream flows.
173-513-040Surface water source limitations to further consumptive appropriations.
173-513-050Groundwater.
173-513-060Lakes.
173-513-070Exemptions.
173-513-080Future rights.
173-513-090Enforcement.
173-513-095Appeals.
173-513-100Regulation review.


173-513-010
General provision.

These rules apply to waters within the Deschutes River basin, WRIA 13, as defined in WAC 173-500-040. This chapter is promulgated pursuant to chapter 90.54 RCW (Water Resources Act of 1971), chapter 90.22 RCW (minimum water flows and levels), and in accordance with chapter 173-500 WAC (water resources management program).
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-010, filed 6/24/80.]



173-513-020
Purpose.

The purpose of this chapter is to retain perennial rivers, streams, and lakes in the Deschutes River basin with instream flows and levels necessary to provide protection for wildlife, fish, scenic, aesthetic, environmental values, recreation, navigation, and water quality.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-020, filed 6/24/80.]



173-513-030
Establishment of instream flows.

(1) Stream management units and associated control stations are established as follows:
Stream Management Unit Information
Control Station No.
Stream Management
Unit Name
Control Station Location,
River Mile and Section,
Township and Range
Affected Stream
Reach
12.0800-00
Deschutes River
3.4
Sec. 35-18N-2W
From the confluence of the Deschutes River with Capitol Lake upstream to the Deschutes Falls at river mile 41.
(2) Instream flows established for the stream management unit described in WAC 173-513-030(1) are as follows:
instream flows in the deschutes river basin
(in Cubic Feet per Second)
Month
Day
 
USGS Gage
212-0800-00
Deschutes River
Jan.
1
 
400
15
 
400
Feb.
1
 
400
15
 
400
Mar.
1
 
400
15
 
400
Apr.
1
 
350
15
 
(Closed)
May
1
 
(Closed)
15
 
(Closed)
June
1
 
(Closed)
15
 
(Closed)
July
1
 
(Closed)
15
 
(Closed)
Aug.
1
 
(Closed)
15
 
(Closed)
Sept.
1
 
(Closed)
15
 
(Closed)
Oct.
1
 
(Closed)
15
 
(Closed)
Nov.
1
 
150
15
 
200
Dec.
1
 
300
15
 
400
(3) Instream flow hydrograph, as represented in the document entitled "Deschutes River basin instream resource protection program," shall be used for identification of instream flows on those days not specifically identified in WAC 173-513-030(2).
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-030, filed 6/24/80.]



173-513-040
Surface water source limitations to further consumptive appropriations.

(1) The department of ecology, having determined that further consumptive appropriations would harmfully impact instream values, closes the following streams and lakes to further consumptive appropriation for the periods indicated.
New Surface Water Closures
Stream or Lake
Section, Township and
Range of Mouth or Outlet
Tributary to
Period of Closure
Deschutes River below
Deschutes Falls (river
mile 41)NW1/4SW1/4
Sec. 26, T. 18N.,R. 2W.
Puget Sound
(Budd Inlet)
Apr. 15 to Nov. 1
Deschutes River above
Deschutes Falls (river
mile 41) and all tributaries
of Deschutes River
E1/2NE1/4 Sec. 10, T. 15N.,
R. 3E. (Deschutes Falls)
 
All year
McLane Creek and
all tributaries
SW1/4NW1/4 Sec. 33,
T. 18N., R. 2W.
Puget Sound
(Eld Inlet)
All year
Woodland Creek and
all tributaries
SW1/4NW1/4 Sec. 19,
T. 19N., R. 1W.
Puget Sound
(Henderson Inlet)
All year
Long Lake
SE1/4NE1/4 Sec. 22,
T. 18N., R. 1W.
Woodland Creek
All year
Patterson Lake
SE1/4SW1/4 Sec. 35,
T. 18N., R. 1W.
Woodland Creek
All year
Hicks Lake
NE1/4SW1/4 Sec. 27,
T. 18N., R. 1W.
Woodland Creek
All year
(2) The following stream and lake low flows and closures are adopted confirming surface water source limitations previously established administratively under the authority of chapter 90.03 RCW and RCW 75.20.050.
Existing Low Flow Limitations and Closures
Stream
Section, Township
and Range of Mouth
Tributary to
Action
Percival Creek
SW1/4NE1/4 Sec. 22,
T. 18N., R. 2W.
Capital Lake
Closure
Unnamed Stream
NW1/4NW1/4 Sec. 33,
T. 19N., R. 2W.
Puget Sound
(Eld Inlet)
Low Flow
(1.5 cfs)
Unnamed Stream
NW1/4NW1/4 Sec. 25,
T. 19N., R. 2W.
Gull Harbor
Low Flow
(1.0 cfs)
Woodward Creek
SW1/4NW1/4 Sec. 19,
T. 19N., R. 1W.
Woodward Bay
Closure
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-040, filed 6/24/80.]



173-513-050
Groundwater.

Future groundwater withdrawal proposals will not be affected by this chapter unless it is verified that such withdrawal would clearly have an adverse impact upon the surface water system contrary to the intent and objectives of this chapter.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-050, filed 6/24/80.]



173-513-060
Lakes.

In future permitting actions relating to withdrawal of lake waters, lakes and ponds shall be retained substantially in their natural condition. Withdrawals of water which would conflict therewith shall be authorized only in those situations where it is clear that overriding considerations of the public interest will be served.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-060, filed 6/24/80.]



173-513-070
Exemptions.

(1) Nothing in this chapter shall affect water rights, riparian, appropriative, or otherwise existing on the effective date of this chapter, nor shall it affect existing rights relating to the operation of any navigation, hydroelectric, or water storage reservoir or related facilities.
(2) Domestic use for a single residence and stock watering, except that use related to feedlots, shall be exempt from the provisions of this chapter if no alternative source is available. If the cumulative effects of numerous single domestic diversions would seriously affect the quantity of water available for instream uses, then only domestic in-house use shall be exempt.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-070, filed 6/24/80.]



173-513-080
Future rights.

No rights to divert or store public surface waters of the Deschutes River basin, WRIA 13, shall hereafter be granted which shall conflict with the purpose of this chapter as stated in WAC 173-513-020.
[Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-080, filed 6/24/80.]



173-513-090
Enforcement.

In enforcement of this chapter, the department of ecology may impose such sanctions as appropriate under authorities vested in it, including but not limited to the issuance of regulatory orders under RCW 43.27A.190 and civil penalties under RCW 90.03.600.
[Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. WSR 88-13-037 (Order 88-11), § 173-513-090, filed 6/9/88. Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-090, filed 6/24/80.]



173-513-095
Appeals.

All final written decisions of the department of ecology pertaining to permits, regulatory orders, and related decisions made pursuant to this chapter shall be subject to review by the pollution control hearings board in accordance with chapter 43.21B RCW.
[Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. WSR 88-13-037 (Order 88-11), § 173-513-095, filed 6/9/88.]



173-513-100
Regulation review.

The department of ecology shall initiate a review of the rules established in this chapter whenever new information, changing conditions, or statutory modifications make it necessary to consider revisions.
[Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. WSR 88-13-037 (Order 88-11), § 173-513-100, filed 6/9/88. Statutory Authority: Chapters 90.22 and 90.54 RCW. WSR 80-08-019 (Order DE 80-11), § 173-513-100, filed 6/24/80.]