Washington Administrative Code
Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508)
Chapter 173-532 - Water resources program for the Walla Walla River basin, WRIA-32
Section 173-532-055 - Future surface water withdrawals for environmental enhancement projects
Current through Register Vol. 24-06, March 15, 2024
The department finds there may be water available above existing water rights and instream flows that could be captured for environmental enhancement projects. This water is only available at specific locations where instream flows are established and during the nonclosure periods, as specified in Table III. A surface water withdrawal for an environmental enhancement project ("EEP") may be approved if it meets all of the following:
(1) EEP may be sponsored only by:
(2) A proposed project may only qualify as an EEP after the project has received a consensus recommendation from the Confederated Tribes of the Umatilla Indian Reservation, the Planning Unit, Washington department of fish and wildlife, and planning unit initiating governments.
(3) An application for EEP must include a monitoring and adaptive management program and show ability to implement such a program. Applicants will define how they will measure and evaluate the project's effectiveness in achieving environmental enhancement goals. The technical advisory group may assist in developing the criteria for evaluating project effectiveness.
(4) Initial water use authorization for EEP will be for short-term. No appropriative right shall develop out of this authorization. The department may only issue a permanent water right if the project's intended benefits are being realized, on the advice of the technical group and if consistent with the requirements for new appropriations under RCW 90.03.290.
(5) All other applicable permits must be obtained from the department, Washington department of fish and wildlife, and other agencies, prior to construction or water use.
(6) Water right permits for EEP shall be subject to existing water rights and instream flows as established under this chapter.
(7) In consideration of the recommendations of the technical advisory group, the withdrawals shall be managed consistent with salmonid migration needs and with the protection of high flow functions.
(8) Monitoring and sampling shall be consistent with the monitoring plan developed and approved for the project. Daily records shall be kept of the quantity of water diverted to the project. Such records shall be made available to the department upon request.
(9) The department will maintain a record of all diversion for EEP approved in each stream management unit.
(10) The maximum allocation for EEP within a stream management unit shall not exceed the values indicated in Table III.
Table III
Maximum Allocation for Environmental Enhancement Projects
(cubic feet per second)
Stream Location |
EEP Diversion Period |
Maximum Allocation* |
Mill Creek at confluence with Walla Walla River (Walla Walla River, RM 33) to headwaters. |
Dec. 1 to May 31 |
125 |
Walla Walla River below confluence of Walla Walla River and Mill Creek (RM 32.4) to state line. |
Dec. 1 to May 31 |
300 |
North Fork Touchet at mouth of North Fork Touchet River to headwaters. |
Dec. 1 to April 30 |
110 |
Touchet River at Bolles to headwaters, excluding North Fork Touchet. |
Dec. 1 to April 30 |
175 |
*The total allocation on the Touchet River and North Fork Touchet River shall not exceed 175 cfs. The total maximum allocation on the Walla Walla River and Mill Creek shall not exceed 300 cfs. Due to concerns over potential impacts on inward and outward migration of salmonids and ecological function of high flows the maximum allocation may be considerably less.
Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. 07-17-007 (Order 04-08), § 173-532-055, filed 8/2/07, effective 9/5/07.