Chapter 173-514 WAC

Last Update: 6/9/88

INSTREAM RESOURCES PROTECTION PROGRAM—KENNEDY-GOLDSBOROUGH WATER RESOURCE INVENTORY AREA (WRIA) 14

WAC Sections

173-514-010General provision.
173-514-020Purpose.
173-514-030Establishment of instream flows.
173-514-040Surface water source limitations to further consumptive appropriation.
173-514-050Lakes.
173-514-060Exemptions.
173-514-070Future rights.
173-514-080Enforcement.
173-514-085Appeals.
173-514-090Regulation review.


173-514-010
General provision.

These rules apply to waters within the Kennedy-Goldsborough water resource inventory area (WRIA 14), 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), chapter 75.20 RCW (State Fisheries Code) and in accordance with chapter 173-500 WAC (water resources management program).
[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-010, filed 1/23/84.]



173-514-020
Purpose.

The purpose of this chapter is to retain perennial rivers, streams, and lakes in the Kennedy-Goldsborough water resource inventory area with instream flows and levels necessary to provide protection for wildlife, fish, scenic, aesthetic, and environmental values, recreation, navigation, and water quality.
[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-020, filed 1/23/84.]



173-514-030
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 By
River Mile and Sec.
Township, & Range
Stream Management Reach
12-0740-00
Shumocher Creek
.02
Sec.7, T.21N.,
R.2WWM
From Mason Lake to headwaters including all tributaries.
WDOE-0745-50
Sherwood Creek
0.14
Sec.20, T.22N.,
R.1WWM
From influence of mean annual high tide at low instream flow levels to Mason Lake, including Mason Lake and all tributaries.
12-0750-00
Deer Creek
0.8
Sec.20, T.21N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including all tributaries.
12-0755-00
Cranberry Creek
0.5
Sec.36, T.21N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including Cranberry Lake, Lake Limerick and all tributaries.
12-0760-00
Johns Creek
2.5
Sec.3, T.20N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including all tributaries.
WDOE-0770-50
Goldsborough
Creek
0.23
Sec.20, T.20N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including all tributaries.
WDOE-0775-50
Mill Creek
3.1
Sec.25, T.20N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including Lake Isabella and all tributaries.
12-0780-00
Skookum Creek
3.0
Sec.19, T.19N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including all tributaries.
WDOE-0785-50
Kennedy Creek
0.06
Sec.32, T.19N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including Summit Lake and all tributaries.
WDOE-0787-00
Perry Creek
1.06
Sec.13, T.18N.,
R.3WWM
From influence of mean annual high tide at low instream flow levels to headwaters, including all tributaries.
(2) Instream flows are established for the stream management units in WAC 173-514-030(1) as follows:
Instream Flows in the Kennedy-Goldsborough WRIA
(Instantaneous cubic feet per second)
Month
Day
 
12-0740-00
Shumocher
Creek
WDOE 0745-50
Sherwood
Creek
12-0750-00
Deer
Creek
Jan
1
 
 
20
 
60
 
55
15
 
 
20
 
60
 
55
Feb
1
 
 
20
 
60
 
55
15
 
 
20
 
60
 
55
Mar
1
 
 
20
 
60
 
55
15
 
 
20
 
60
 
55
Apr
1
 
 
20
 
60
 
55
15
 
 
20
 
60
 
46
May
1
 
 
17
 
48
 
39
15
 
 
14
 
37
 
33
Jun
1
 
 
12
 
29
 
28
15
 
 
10
 
23
 
23.5
Jul
1
 
 
8.6
 
17.5
 
20
15
 
 
7.2
 
14
 
20
Aug
1
 
 
6
 
11
 
20
15
 
 
6
 
11
 
20
Sep
1
 
 
6
 
11
 
20
15
 
 
6
 
11
 
20
Oct
1
 
 
6
 
11
*
 
20
*
15
 
 
6
 
19
*
 
20
*
Nov
1
 
 
11
 
34
*
 
33
*
15
 
 
20
 
60
*
 
55
*
Dec
1
 
 
20
 
60
 
55
15
 
 
20
 
60
 
55
 
*Denotes closure period to all consumptive uses
Instream Flows in the Kennedy-Goldsborough WRIA
(Cont'd)
(Instantaneous cubic feet per second)
Month
Day
12-0755-00
Cranberry
Creek
12-0760-00
Johns
Creek
WDOE-0770-50
Goldsborough
Creek
Jan
1
 
50
 
45
 
50
15
 
50
 
45
 
50
Feb
1
 
50
 
45
 
50
15
 
50
 
45
 
85
Mar
1
 
50
 
45
 
85
15
 
50
 
45
 
85
Apr
1
 
50
 
45
 
85
15
 
40
 
45
 
85
May
1
 
31
 
34
 
85
*
15
 
23.5
 
26
 
85
*
Jun
1
 
18
 
20
 
85
*
15
 
14
 
15.5
 
69
*
Jul
1
 
10.5
 
12
 
55
*
15
 
8
 
9
 
52
*
Aug
1
 
8
 
7
 
48
*
15
 
8
 
7
 
45
*
Sept
1
 
8
 
7
 
45
*
15
 
8
 
7
 
45
*
Oct
1
 
8
*
 
7
*
 
45
*
15
 
15
*
 
7
*
 
50
*
Nov
1
 
28
*
 
18
*
 
50
15
 
50
*
 
45
*
 
50
Dec
1
 
50
 
45
 
50
15
 
50
 
45
 
50
 
*Denotes closure period to all consumptive uses
Instream Flows in the Kennedy-Goldsborough WRIA
(Cont'd)
(Instantaneous cubic feet per second)
Month
Day
WDOE
0775-50
Mill
Creek
12-0765-00
Skookum
Creek
WDOE-
0785-50
Kennedy
Creek
WDOE-
0787-00
Perry
Creek
Jan
1
65
 
40
 
60
 
30
15
65
 
40
 
60
 
30
Feb
1
65
 
40
 
60
 
30
15
65
 
40
 
60
 
30
Mar
1
65
 
40
 
60
 
30
15
65
 
40
 
60
 
30
Apr
1
65
 
40
 
60
 
21
15
65
 
40
 
46
 
14
May
1
55
 
26
*
 
35
*
 
10
*
15
46
 
16.5
*
 
27
*
 
6.8
*
Jun
1
40
 
11
*
 
20
*
 
4.6
*
15
33
 
7
*
 
16
*
 
3.2
*
Jul
1
28
 
4.6
*
 
12
*
 
2.2
*
15
24
 
3
*
 
9
*
 
1.5
*
Aug
1
20
 
3
*
 
7
*
 
1
*
15
20
 
3
*
 
7
*
 
1
*
Sep
1
20
 
3
*
 
7
*
 
1
*
15
20
 
3
*
 
7
*
 
1
*
Oct
1
20
 
3
*
 
7
*
 
1
*
15
20
 
5.6
*
 
14
*
 
2.5
*
Nov
1
35
 
15
 
29
*
 
5.4
15
65
 
40
 
60
*
 
13
Dec
1
65
 
40
 
60
 
30
15
65
 
40
 
60
 
30
 
*Denotes closure period to all consumptive uses
(3) Instream flow hydrographs, as represented in the document entitled "Kennedy-Goldsborough instream resources protection program, figs. 2-7, pgs. 26-28," shall be used for identification of instream flows on those days not specifically identified in WAC 173-514-030(2).
(4) Future consumptive water right permits issued hereafter for diversion of surface water in the Kennedy-Goldsborough WRIA and perennial tributaries shall be expressly subject to instream flows established in WAC 173-514-030 (1) through (3) as measured at the appropriate gage, preferably the nearest one downstream, except from those exempted uses described in WAC 173-514-060 (1) through (3).
(5) Projects that would reduce the flow in a portion of a stream's length (e.g.: Hydroelectric projects that bypass a portion of a stream) will be considered consumptive only with respect to the affected portion of the stream and will be subject to specific instream flow requirements as specified by the department for the bypassed reach notwithstanding WAC 173-514-030 (1) through (3) and 173-514-040 if detailed, project-specific instream flow studies for the bypassed reach, as may be required, demonstrate that a different flow requirement is appropriate. The department may require the project proponent to conduct such studies.
(6) If department investigations determine that withdrawal of groundwater from the source aquifers would not interfere significantly with stream flow during the period of stream closure or with maintenance of minimum flows, then applications to appropriate public groundwaters may be approved and permits or certificates issued.
[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-030, filed 1/23/84.]



173-514-040
Surface water source limitations to further consumptive appropriation.

(1) The department, having determined further consumptive appropriation for all uses would harmfully impact instream values, closes the following streams including tributaries for the period indicated:
(a) Stream Name
Tributary to
Closure Period
Alderbrook Creek
Hood Canal
May 1 - October 31
Campbell Creek
Oakland Bay
May 1 - October 31
Elson Creek
Skookum Inlet
May 1 - October 31
Fawn Lake Outlet
Skookum Inlet
May 1 - October 31
Jones Creek
Pickering Passage
May 1 - October 31
Jarrell Creek
Jarrell Cove
May 1 - October 31
Little Creek
Skookum Creek
May 1 - October 31
Melaney Creek
Oakland Bay
May 1 - October 31
Shelton Creek
Oakland Bay
May 1 - October 31
Twahnoh Creek
Hood Canal
May 1 - October 31
Uncle John Creek
Oakland Bay
May 1 - October 31
The minimum flow during the closure period on the streams listed above is the natural flow. Because insufficient flow data is available to develop instream flows outside the closure period, minimum flows for any water right application for consumptive use will be considered on a case by case basis in consultation with the departments of fisheries and game (RCW 75.20.050).
(b) Stream Name
Closure Period
Kennedy Creek
May 1 - November 15
Cranberry Creek
September 16 - November 15
Deer Creek
September 16 - November 15
Johns Creek
September 16 - November 15
Sherwood Creek
September 16 - November 15
Perry Creek
May 1 - October 31
Because sufficient hydrologic data is available for the above streams, a minimum flow is established during the closed and nonclosed period in WAC 173-514-030(2).
(2) Except as noted in the footnotes, the following existing surface water source limitations, previously established administratively under the authority of chapter 90.03 RCW and RCW 75.20.050 are hereby confirmed and adopted for the period indicated:
Stream*/Tributary to
Action
Period
Goldsborough Creek -
Oakland Bay
Closure+
May 1 - October 31
Gosnell Creek -
Isabella Lake
Low flow
(10 cfs)
All year
Jarrell Creek -
Jarrell Cove
Low flow@
(.30 cfs)
May 1 - October 31
Johns Creek -
Oakland Bay
Low flow@
(4 cfs)
Sept. 16 - November 15
Kennedy Creek -
Totten Inlet
Low flow@
(3 cfs)
May 1 - November 15
Schneider Creek -
Totten Inlet
Closure#
May 1 - October 31
Skookum Creek -
Skookum Inlet
Closure+
May 1 - October 31
Summit Lake -
Kennedy Creek
Lake level
All year
Unnamed Stream -
Mill Creek
Sec.34, T.20N
R.3 EWM
Low flow (2 cfs)
All year
 
*Closures and low flow limitations also apply to tributaries of these streams.
 
@Superseded by a new action in this section.
 
#The minimum flow during the closure period is the natural flow.
 
+Minimum flows are specified in WAC 173-514-030(2).
[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-040, filed 1/23/84.]



173-514-050
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 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-050, filed 1/23/84.]



173-514-060
Exemptions.

(1) Nothing in this chapter shall affect existing 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) Single domestic and stockwatering use, except that related to feedlots, shall be exempt from the provisions established in this chapter. If the cumulative impacts of numerous single domestic diversions would significantly affect the quantity of water available for instream uses, then only single domestic in-house use shall be exempt if no alternative source is available.
(3) Nonconsumptive uses which are compatible with the intent of the chapter may be approved.
[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-060, filed 1/23/84.]



173-514-070
Future rights.

No rights to divert or store public surface waters of the Kennedy-Goldsborough WRIA 14, shall hereafter be granted which shall conflict with the purpose of this chapter.
[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-070, filed 1/23/84.]



173-514-080
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), § 173-514-080, filed 6/9/88. Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-080, filed 1/23/84.]



173-514-085
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), § 173-514-085, filed 6/9/88.]



173-514-090
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), § 173-514-090, filed 6/9/88. Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. WSR 84-04-014 (Order DE 83-34), § 173-514-090, filed 1/23/84.]