Wash. Admin. Code § 173-501-040

Current through Register Vol. 24-21, November 1, 2024
Section 173-501-040 - Surface water source limitations to further consumptive appropriation
(1) The following table indicates the status of streams, tributaries and lakes affected by this chapter.

Source

Name

Tributary

To

Former

Administrative

Status

Status

Under

Regulation

Period of

Closure

Flow

Established

Anderson Creek

Nooksack River

low flow

partial year closure

May 1-Oct. 31

WAC 173-501-030(2)

Bells Creek

North Fork Nooksack

open

closure

year round

WAC 173-501-030(2)

Bertrand Creek

Nooksack River

closure

closure

year round

WAC 173-501-030(2)

Black Slough

Nooksack - South Fork

low flow

low flow

California Creek

Drayton Harbor

closure

closure

year round

WAC 173-501-030(2)

Canyon Creek

North Fork Nooksack

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Canyon (Lake) Creek

Middle Fork Nooksack

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Chuckanut Creek

Chuckanut Bay

low flow

closure

year round

natural flow

Colony Creek (incl. Whitehall)

Samish Bay

open

closure

year round

natural flow

Cornell Creek

North Fork Nooksack

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Dakota Creek

Drayton Harbor

closure

closure

year round

WAC 173-501-030(2)

Deer Creek

Barrett Lake (Tenmile)

closure

closure

year round

WAC 173-501-030(2)

Fishtrap Creek (incl. Double

Ditch)

Nooksack River

closure

closure

year round

WAC 173-501-030(2)

Fourmile Creek

Tenmile Creek

closure

closure

year round

Gallop Creek

North Fork Nooksack

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Hutchinson Creek

South Fork Nooksack

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Johnson Creek

Sumas River

closure

closure

year round

WAC 173-501-030(2)

Kamm Ditch/Stickney Slough

Nooksack River

closure

closure

year round

natural flow

Kendall Creek

North Fork Nooksack

open

closure

year round

WAC 173-501-030(2)

Maple Creek

North Fork Nooksack

open

closure

July 1-Oct. 31

WAC 173-501-030(2)

Nooksack River -

mainstem

Bellingham Bay

low flow

minimum flow

(new flow)

WAC 173-501-030(2)

Nooksack River -

Middle Fk.

Nooksack River

low flow

minimum flow

(new flow)

WAC 173-501-030(2)

Nooksack River -

North Fk.

Nooksack River

low flow

partial year closure

Sept. 1-Oct. 31

WAC 173-501-030(2)

Nooksack River -

South Fk.

Nooksack River

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Oyster Creek

Samish Bay

open

closure

year round

natural flow

Padden Creek

Bellingham Bay

open

closure

year round

natural flow

Porter Creek

Middle Fork Nooksack

open

partial year closure

July 1-Oct. 1

WAC 173-501-030(2)

Racehorse Creek

North Fork Nooksack

open

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Saar Creek

Vedder Canal-Canada

open

closure

year round

WAC 173-501-030(2)

Saxon Creek

South Fork Nooksack

open

closure

year round

natural flow

Silver Creek

Nooksack River

low flow

partial year closure

May 1-Oct. 31

WAC 173-501-030(2)

Skookum Creek

South Fork Nooksack

low flow

partial year closure

July 1-Oct. 31

WAC 173-501-030(2)

Smith Creek

Nooksack River

low flow

partial year closure

May 1-Oct. 31

WAC 173-501-030(2)

Squalicum Creek

Bellingham Bay

closure

closure

year round

Sumas River

Vedder Canal-Canada

closure

closure

year round

WAC 173-501-030(2)

Tenmile Creek

Nooksack River

closure

closure

year round

WAC 173-501-030(2)

Terrell Creek

Birch Bay

open

partial year closure

May 1-Oct. 31

WAC 173-501-030(2)

Thompson Creek

Glacier Cr./N. Fk.

open

partial year closure

July 1-Oct. 31

natural flow

Unnamed Stream -

Elder Ditch/Scott

Ditch

Nooksack River

low flow

low flow

Unnamed stream -

White Creek

Colony Creek

closure

closure

Whatcom Creek*

Bellingham Bay

open

closure

year round

natural flow

Wiser Lake Creek

Nooksack River

low flow

partial year closure

May 1-Oct. 31

WAC 173-501-030(2)

Lummi Indian Reservation

Streams

Tenmile Creek

closure

closure

Barrett Lake

closure

closure

NA

Green Lake

Fourmile Creek

closure

closure

NA

Lake Terrell

Terrell Creek

closure

closure

NA

Lake Whatcom**

Whatcom Creek

court-ordered

lake level

closure

year round

Wiser Lake

Wiser Lake Creek

closure

closure

NA

For streams listed as "natural flow," insufficient data are available to develop instream flows outside the closure period. Water right applications for consumptive use will be considered on a case by case basis in consultation with the departments of fisheries and game; tribes will also be notified.

Streams which are not specifically listed in this regulation are affected by the regulation if they are tributary to streams or lakes listed herein; otherwise such streams are not affected.

*

No exemptions. See WAC 173-501-070(2).

**

Lake Whatcom and its tributaries are closed to all further consumptive appropriation; however, any water right applications for consumptive use which were on file with the department of ecology on August 7, 1985 shall be exempt from the closure through the period extending one year from the effective date of this chapter.

(2) When a project (as described in WAC 173-501-030(5)) is proposed on a stream that is closed to further appropriations, the department shall deny the water right application unless the project proponent can adequately demonstrate that the project does not conflict with the intent of the closure.

Wash. Admin. Code § 173-501-040

Statutory Authority: RCW 90.54.020(3)(a) and 90.54.040(1) and (2). 85-24-073 (Order 85-19), § 173-501-040, filed 12/4/85.