Wash. Admin. Code § 173-514-040

Current through Register Vol. 24-20, October 15, 2024

Section 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).

Wash. Admin. Code § 173-514-040

Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 84-04-014 (Order DE 83-34), § 173-514-040, filed 1/23/84.