Wash. Admin. Code § 173-559-050

Current through Register Vol. 24-20, October 15, 2024
Section 173-559-050 - Certain streams and lakes are closed to further consumptive appropriations
(1) The department has determined that no water is available for further consumptive appropriation in streams tributary to the Colville River. Therefore, these tributary streams are closed to further consumptive appropriation except for reservoir storage from November 1 through May 31. Applications for single in-house domestic use, or stockwatering may be approved if no alternate source of water supply is available and the proposed use will not impair existing water rights.
(2) The Upper Colville River and Lower Colville River will be closed to further consumptive appropriation from July 16 through September 30, except for in-house domestic use and normal stockwatering if no alternate source of water supply is available.
(3) If the cumulative impact of numerous single in-house domestic use diversions is determined to substantially affect a closed stream's base flow, then new permits for this use may be denied. Base flow levels for closed streams are specified in the department's publication, "water resources management program, Colville River basin."
(4) Appropriation of water from streams tributary to the Colville River for out of stream storage and on-stream storage shall be subject to the base flows recommended in the department's publication, "water resources management program, Colville River basin."
(5)
(a) Lakes included in table 5 are closed to further consumptive appropriation for specified periods of the year, except for in-house domestic and stockwatering uses. The department may deny applications for domestic use if the cumulative effect of such diversions would be detrimental to retaining a lake substantially in its natural condition.

Table 5 Lake Closures

Lake

Tributary to

Location

Period of Closure

Deer Lake

Sheep Creek

T. 30 N., R.

41 E. Secs. 1,

11,12,14

June 1-Oct. 31

Loon Lake

Sheep Creek

T. 30 N., R.

41, E. Secs. 33,

34., T.29 N., R.

41 E. Secs. 2,

3,4,10,11

June 1-Oct. 31

Waitts Lake

Waitts Creek

T. 31 N., R.

40 E. Secs.

17-20

June 1-Oct. 31

Jumpoff Joe

Lake

Colville River

T. 31 N., R.

40 E. Sec. 19

June 1-Oct. 31

White Mud Lake

T. 35 N., R.

40 E. Sec. 19.

June 1-Oct. 31

Heritage and

Thomas Lakes

Little Pend

Oreille River

T. 36 N., R.

42 E. Secs. 8,9,

17,18

June 1-Oct. 31

(b) Appropriation of water from lakes not specified in table 5 will be permitted if prior water rights will not be adversely affected and if the appropriation will not conflict with the intent of RCW 90.54.020(3)(a) which stipulates, in part, that "lakes and ponds shall be retained substantially in their natural condition."

Wash. Admin. Code § 173-559-050

Order DE 77-6, § 173-559-050, filed 7/22/77.