(1)
(a) The department determines that there are
certain times when there are surface waters above the instream flows, referred
to as "high flows." These high flows provide critical ecological functions such
as channel and riparian zone maintenance, flushing of sediments, and fish
migration. In order to protect the frequency and duration of these higher
flows, the department hereby establishes maximum amounts of water/flow that can
be withdrawn from specific streams at specific times above the instream flow
levels.
(b) A maximum allocation
shall be used to review future applications for beneficial uses from the
mainstem Entiat and Mad rivers for the periods and in the amounts specified
below:
(i) The maximum allocation from May 1
- June 30 is 100 cfs. Of that 100 cfs, 25 cfs may be allocated from the Mad
River.
(ii) For the period of July
1-15, the maximum allocation is 67 cfs from the mainstem Entiat only.
(iii) For the period of April 16-30, the
maximum allocation is 25 cfs from the Mad River only.
(iv) For the periods during which it is clear
that no water is likely to be available above the instream flows, no maximum
allocation amount is indicated.
Maximum Future Allocation, Entiat River
Basin
|
Month
|
Days
|
Total Maximum Allocation, Mainstem Entiat (in
cfs). Measured at USGS Gauge #12452990, Entiat River nr. Entiat, RM
1.4
|
Portion of Maximum Allocation Available From
Mad River (in cfs). Measured at USGS Gauge #12452890, Mad River at Ardenvoir,
RM 0.35
|
|
January
|
|
1-31
|
|
|
|
|
|
February
|
|
1-29
|
|
|
|
|
|
March
|
|
1-31
|
|
|
|
|
|
April
|
|
1-15
|
|
|
|
|
|
|
16-30
|
|
|
25
|
|
|
May
|
|
1-15
|
100
|
|
25
|
|
|
|
16-31
|
100
|
|
25
|
|
|
June
|
|
1-15
|
100
|
|
25
|
|
|
|
16-30
|
100
|
|
25
|
|
|
July
|
|
1-15
|
67
|
|
|
|
|
|
16-31
|
|
|
|
|
|
August
|
|
1-31
|
|
|
|
|
|
September
|
|
1-30
|
|
|
|
|
|
October
|
|
1-31
|
|
|
|
|
|
November
|
|
1-30
|
|
|
|
|
|
December
|
|
1-31
|
|
|
|
|
(2) The designation of a maximum allocation
does not constitute a determination that water is available, as defined in
RCW
90.03.290. A determination of water
availability requires the application of four tests: Water is available; the
use will not impair senior rights; water will be put to beneficial use; and the
use is not detrimental to the public interest. Establishment of a water right
from the allocation occurs after proper authorization from the department and
after the water is first put to beneficial use. The water rights are subject to
the instream flows established in WAC
173-546-050, and other provisions
established in statutory, administrative and case law.
(3) The department shall require the metering
and reporting of all permitted surface and groundwater withdrawals from the
maximum allocation.
(4) The
department will maintain a record of the amount of water allocated from the
Entiat and Mad Rivers. If the maximum amounts are fully appropriated, the
department shall notify Chelan County and the planning unit or its successor,
in writing. The department shall also issue a public notice in a newspaper of
general circulation for the region.
