Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-06-076.

     Title of Rule and Other Identifying Information: Chapter 173-545 WAC, Instream resources protection program -- Wenatchee River basin, water resource inventory area (WRIA) 45. The proposed rule amendment will address revised instream flows and tools for managing water in the Wenatchee basin.

     Hearing Location(s): Leavenworth City Hall, 700 Highway 2, Leavenworth, WA, on August 7, 2007, at 7:00 p.m.

     Date of Intended Adoption: October 1, 2007.

     Submit Written Comments to: Department of ecology water resources web page at

http://www.ecy.wa.gov/programs/wr/instream-flows/wenatchee.html, David Holland, 15 West Yakima Avenue, Suite 200, Yakima, WA 98902, e-mail dhol461@ecy.wa.gov, fax (509) 575-2809, by August 24, 2007.

     Assistance for Persons with Disabilities: Contact Judy Beitel by July 27, 2007, TTY (877) 833-6341 or (360) 407-6878.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In order to better manage water resources in WRIA 45, the Wenatchee watershed planning unit recommended that ecology adopt, in rule, a new water resource management strategy that includes:

•	Increased management flows (minimum instream flows) at existing control points.

•	Minimum instream flows set at new instream flow control points in the upper watershed.

•	A water reservation to provide a reliable water supply for the twenty-year projected population growth.

•	A maximum allocation for seasonal use and storage.

     Generally, the revised management flows are higher than previous management flows and more protective of habitat. This makes water unavailable for future uses during low flow portions of the year (August through October). To provide a reliable, year-round supply of water for future uses, it is necessary to reserve water that would not be subject to curtailment when the proposed minimum instream flows are not met. To do this, RCW 90.54.020 (3)(a) requires that ecology determine that the overriding consideration of the public interest (OCPI) would be served by the proposed reservation.

     Reasons Supporting Proposal: During the watershed planning process for WRIA 45, the current instream flows in the 1983 flow rule (current chapter 173-545 WAC) was assessed and it was determined that changes should be made to better meet the needs of aquatic species and humans. The recommend [recommended] instream flows were developed by the local planning unit, of which ecology is an active partner, as allowed by chapter 90.82 RCW. RCW 90.82.130(4) states when a watershed plan is approved by the planning unit and the county legislative authority, ecology, as a participating member of the planning unit, is obligated to use the plan for making future water resource decision[s] within WRIA 45.

     Statutory Authority for Adoption: Chapters 90.82, 90.54, 90.22, 90.03, 90.44 RCW.

     Statute Being Implemented: Chapters 90.03, 90.44, 90.54, and 90.82 RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of ecology, governmental.

     Name of Agency Personnel Responsible for Drafting: Robert Barwin, (509) 457-7140 and David Holland, (509) 457-7112, Central Regional Office, Department of Ecology; Implementation and Enforcement: Thomas Tebb, Central Regional Office, Department of Ecology, (509) 574-3989.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     This rule amendment proposes to:

•	Retain perennial rivers, streams, and lakes in the Wenatchee River Basin with instream flows and levels necessary to protect and preserve in-stream values.

•	Maintain stream functions by limiting the total maximum allocation of future surface waters and groundwater from the Wenatchee River Basin.

•	Provide water to reliably satisfy the following future needs by creating a reservation of water for:

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Domestic purposes.

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Irrigation associated with a residence.

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Potable domestic water associated with municipal, commercial, and industrial purposes.

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Stockwatering.

•	Set forth ecology's policies to guide the protection, utilization, and management of Wenatchee River basin surface water and interrelated groundwater resources for use in future water right decisions.

     Ecology is developing and issuing this SBEIS as part of its rule adoption process and to meet chapter 19.85 RCW. Ecology intends to use the information in the SBEIS to ensure that the proposed rule is consistent with legislative policy.

     Analysis of Compliance Costs for Washington Businesses: We have evaluated the impacts of the proposed rule by analyzing and comparing water right management before and after the effective date of the amendment. The current framework that forms the baseline includes administrative procedures for considering applications for both new water rights and changes to existing water rights, and for the use of water by permit-exempt wells (RCW 90.44.050). Implementation of chapters 90.22, 90.54, and 90.82 RCW are [is] also part of this legal baseline. In proposing a reservation of water, the proposed rule creates new conditions considered in future water right decisions.

     We provide a brief description of compliance requirements below. You can find a detailed description of water management under the existing and proposed rules in Appendix B and Appendix C.

     Water Rights Administration Under the Rule: The proposed amendment to chapter 173-545 WAC will create new or modify existing "instream flows." Instream flows are water rights for in-stream resources and are protected from impairment by "junior" water rights - those with a later priority date. This means junior water rights must stop use when stream flows do not meet the senior minimum instream flows.

     The amendment also reserves water for future out-of-stream uses not subject to the instream flows and clarifies other requirements that might affect future uses. Expected impacts to water management are described below.

     Surface Water: The decision process for surface water rights will be similar after the proposed rule amendment as before. Currently (baseline), except for single domestic and stockwatering purposes, ecology grants water rights subject to the instream flows set. Under the proposed rule, new surface water uses from the reservation may continue use despite low stream flow conditions.

     Uses that do not qualify for the reservation, up to the maximum allocation limits specified, may be permitted but will continue to be subject to the instream flows. Uses that do not qualify include new agricultural, commercial, or manufacturing uses. Under the amendment, these new uses must stop withdrawing water when minimum flows are not met. These businesses would also not be permitted to withdraw water during periods (typically August and September) when water is not available (a maximum allocation limit equal to zero). These uses may only continue during these periods if they are using water from storage or ecology determines their use is sufficiently mitigated under an approved plan.

     This amendment is not likely to represent a significant change from the current rule. In both cases, new out-of-stream uses would be subject to similar instream flow provisions, with the exception of water from the reservation provided in the amendment. Additionally, under both the baseline and the proposed amendment, ecology may approve applications for new consumptive surface water rights if the director determines it is "clear that overriding considerations of the public interest will be served."

     Groundwater Permits: Ecology will make decisions on new groundwater rights permits under the amended rule as under the baseline, with the notable exception of water made available from the proposed reservation. The reservation of water applies to groundwater as well as surface water. Applications for groundwater in hydraulic continuity with the Wenatchee River and its tributaries would be subject to the instream flows under the baseline or the proposed rule, unless they use water from the reservation. Under both the proposed amendment and the baseline, ecology may approve a use if it is "clear that overriding considerations of the public interest will be served."

     There is a high likelihood of well use within the basin impairing surface water levels and flows. The analysis and recommendations in the Wenatchee watershed management plan regarding hydrogeology of the basin, and the location and depth where groundwater withdrawals generally occur support this finding.

     Businesses that begin new agricultural, commercial, manufacturing projects or similar enterprises relying on wells for process water would be required to either:

•	Suspend water use during periods of low flows,

•	Develop storage mechanisms, or

•	Develop strategies, acceptable to ecology, to mitigate their impacts.

     The amendment does not create the need for, and does not change the standards for, the analysis regarding whether instream flows are impaired. This would be the case under the baseline and would not represent an impact of the proposed rule. Both the proposed rule and the baseline allow for an applicant for a new groundwater use:

•	To demonstrate that the proposed water use is not in hydraulic continuity with the surface waters of the Wenatchee River or its tributaries.

•	To mitigate for any impacts to instream flows, thus enabling continuous use of water out-of-stream if mitigation strategies acceptable to ecology are proposed.

     Permit-Exempt Groundwater: Under the proposed rule, the applicant would gain an uninterruptible permit-exempt water use if the use is eligible for the reservation. Those developing a permit-exempt use not eligible for the reservation would be required to curtail their water use during low flow periods and would have no right to water during periods when it is not available (a maximum allocation limit equal to zero), typically August and September.

     Under the baseline, water used for single domestic (including lawn and garden irrigation) and stockwatering purposes is exempt from the instream flows. All other permit-exempt uses are subject to curtailment during low flow periods.

     Changes or Transfers of Water Rights: Ecology will continue to process changes or transfers of existing water rights as permitted by chapters 90.03 and 90.44 RCW. The process is the same with the proposed amendment as with the baseline.

•	Ecology would evaluate transfers of surface water rights considering the instream flows as they would be under the baseline.

•

Requirements related to changes in the point of diversion from a surface point to a groundwater point, if it is from the same water source or from one groundwater source to another, are the same in the baseline and the proposed rule.      Reservation of Water: The reservation of water, the use of water under the reservation, and associated conditions for that use, are all part of the proposed amendment. The reservation will allow eligible prospective water users the benefit of having a continuous, reliable source of water during low flow periods, with a few restrictions. These restrictions include the finite quantity of the reservation. Domestic water use must also meet efficiency standards. Permitted surface water and groundwater withdrawals from the reservation will be required to meter and report their water use. Small businesses that locate outside the service area of municipal water suppliers are most likely to use permit-exempt wells. The amendment does not require permit-exempt uses to meter and report water use to ecology. However, local public water purveyors, the county, or a municipal government may require metering and reporting through ordinances adopted to implement the watershed plan. Ecology also has authority to require metering and reporting under RCW 90.03.360 in the future.

     Impacts to Businesses in WRIA 45: The primary impact to businesses of the proposed rule making will likely be the creation of a reservation for future allocations. Businesses that need water only for potable use for employees and customers will receive benefits from the reservation. Businesses that also need water for commercial or industrial manufacturing processes and landscape or commercial irrigation will see both costs and benefits.

     The amendment will not directly affect existing water right holders. In general, the economic costs and benefits to businesses are from the business impacts from having less water in the river, but more available for out-of-stream use. Having the reservation makes water predictably and reliably available for more out-of-stream uses than would have been the case under the baseline. Therefore, it is likely most businesses will be positively affected. An exception to this would be businesses that utilize water in the river. The possible impacts are described below.

     Impacts to businesses depending on instream flows: As mentioned above, the amendment creates a reservation. The reservation will provide water for domestic uses and associated residential irrigation, stockwatering, and potable water needs associated with commercial and industrial uses. These uses will be able to obtain reliable water in the future, up to the limits of the reservation.

     Accessing the reservation will allow entities to use water for various uses during low flow periods. This will slightly reduce the amount of water in the river and could potentially indirectly impact in-stream benefits such as ecosystem services, recreation, and so on. For businesses that provide guide services such as rafting, fishing, and bird watching; or those dependent on dilution for waste removal; there could be a very minor impact. However, discussions with local interests show that little, if any, impact from the proposed flow reductions will result from establishment of the reservation.

     Creation of the reservation: Under the baseline, groundwater withdrawals must curtail use during low flow periods. This includes permit-exempt groundwater withdrawals in continuity with the Wenatchee River or its tributaries, except single domestic and stockwatering uses. Under the amendment, some or all of the future needs of domestic uses and associated residential irrigation, stockwatering, potable water needs associated with commercial and industrial uses could be met through the reservation, even during low flow periods.

     For businesses developing land for residential construction, having a reliable supply of domestic water and associated residential irrigation during low flow periods is a net benefit from this rule making.

     The reservation of water for stockwatering will provide year-round access to water for new stockwatering uses, except for feedlots and other activities not related to normal grazing uses. Under the baseline, stockwater is treated identically. The change in the rule does not result in a net cost to stock-related businesses.

     Impacts to existing permitted water rights: Allowing access to water through the reservation could affect the value of existing permitted water rights held by some businesses. The exact effect will depend on the allowable use, volume and point of diversion of the existing rights, the existing uses and the desired uses, and the volumes needed.

     New water rights and permit-exempt withdrawals: New permitted surface water and groundwater withdrawals from the reservation for small businesses will be required to meter and report their water use. If more accurate water use data is needed in the basin, ecology may also require water metering for permit-exempt wells.

     Costs to Firms and Required Professional Services: As mentioned above, those business entities that depend on water in the river are most likely to experience costs from the amendment and those businesses that would obtain water from the reservation are most likely to gain the benefits. The cost analyses required in chapter 19.85 RCW follow:

     Reporting and recordkeeping -- Permit exempt well users: No additional reporting or recordkeeping will be required for small business using permit-exempt ground water uses. If small businesses were to choose withdrawal from surface water or groundwater through permits, there would be minimal additional costs from reporting their metered use. It is unlikely there would be many users that choose this option.

     Additional professional services: No additional professional services are anticipated. For water users proposing uses eligible for the reservation and not exempted from the minimum instream flows in the current rule, the proposed rule reduces the need for small businesses to obtain consulting services. A reliable water supply is made available, without the expense and uncertainty of showing that the proposed use is in the overriding consideration of the public interest.

     Costs of equipment, supplies, labor, and increased administrative costs: No additional equipment, supplies, labor or administrative costs are anticipated. We expect less than three new businesses per year to seek permits for surface water or groundwater withdrawals and thus be required to meter.

     Other compliance requirements: As mentioned above, firms that depend on instream activities and potentially those that hold existing permits could incur adverse impacts.

•	The impacts to instream users would be specific to the firm, but is unlikely to be significant since few firms are dependent on instream flows.3

•

Existing water rights holders could be impacted if the value of their water right changes as a result of this rule. This would ultimately only affect those that want to transfer or lease a right and only for the period until the reservation is fully allocated to new uses. The exact cost is difficult to determine since it depends on many factors and very few if any transfers would happen in this fashion. Moreover, the reservation would tend to increase the availability of water relative to the baseline and decrease the incentive to transfer water in the future.

     Creation of the reservation will be a net benefit for most businesses that need water. Water unavailable during low flow periods is damaging to any business that needs it for its own use or who are looking to develop residential or commercial properties.

     In order to have water available during low flow periods under the baseline, water would have to be obtained through leases, transfers or on-site storage. On-site storage for a low flow period can cost approximately $10,000-$15,000⁴ for a typical residence; the amendment avoids this cost for those using the reservation. For other users, the cost of storage would likely preclude it as an option.

     Agriculture users would likely be required to purchase or transfer water absent the proposed rule. This could mean some cost for every low flow year. This analysis assumes that water would be readily available for transfer or lease. If not the case, then prices would likely be very high. For those that do not require water for domestic needs during low flow periods, an interruptible water right remains an option under both the current and proposed rule.

     Quantification of Costs and Ratios: RCW 19.85.040 requires that additional analysis of impacts be provided. It is the purpose of this section to evaluate whether:

•	Compliance with the amended rule will cause businesses to lose sales or revenue.

•	The proposed rule amendment will have a disproportionate impact on small business.

     Revenue Impacts: As noted previously, the most likely significant impacts are associated with decreased flows in the river and the creation of the reservation.

•	The reduction of flows in the river is unlikely to significantly affect any firms within the Wenatchee basin.

•

Those firms that will now be able to access water from the reservation will experience a benefit from being able to access water without constructing expensive storage alternatives, or purchasing or leasing rights as would be required under the baseline. The existing instream flow rule limits uses in exempt wells to periods of time when flows are adequate. It is estimated that summer flows will not meet the minimum instream flows in a majority of years and that storage would likely be required for most domestic uses absent the rule. In that sense, the rule will represent a negative cost (net benefit) to firms.

     The net benefit to firms is the value of avoiding expensive storage, or purchasing or leasing water rights or other mitigation options to access water during periods of low flow. This will likely lower costs to some potential water users and to that extent, may increase revenues.

     Existing water right holders might see some loss in the value of existing water rights and this would lower revenues. However, as mentioned above, this effect is likely to be relatively small and is not further considered.

     Distribution of Compliance Costs: The distribution of compliance costs can be analyzed by evaluating those that would be required to meter their water use to qualify for the reservation (domestic use). Although the rule prescribes this, local ordinance already requires these businesses to meter.

     It is possible that small businesses could have additional costs under the amendment if they pursue interruptible water rights. Ecology is unable to determine this cost as it would be very small and are unsure if future permitted water rights will be processed.

     Known Costs: No businesses are required to comply with the rule. Businesses that choose to qualify for the benefits of the reservation must meter. These businesses would already be required to meter by local ordinance. Business uses that require water for drinking, bathing, sanitary purposes, cooking, laundering or other incidental human health and welfare requirements for employee or customer needs would qualify. Commercial or industrial process water uses do not qualify for the reservation.

     The cost of a meter and installation for small water systems is estimated to range from $300 to $400.⁵ Ecology chooses to use $400 per meter, including any reporting costs.

     There were one hundred forty-one small businesses in the potentially affected industries in the basin. For small businesses in these industries, the average number of employees is four. For the top 10% of potentially affected businesses, the average number of employees is one hundred eighty four.

     The highest cost per employee for small business is $100, and for the top 10% of large businesses is $2.17.

     Overall, the data suggests that the impacts of the proposed rule will impose disproportionate costs to small businesses. However, there is clearly a very large net benefit to those who are required to comply with the proposed rule to qualify for the reservation.

     Conclusions: No businesses are required to comply with the rule. Businesses that choose to qualify for the benefits of the reservation must meter. These businesses would already be required to meter by local ordinance.

     All businesses of all sizes that qualify to use the reservation (normal domestic uses) will experience net benefits from the rule. When examining only the costs, the rule will have disproportional costs to small businesses.

     Actions Taken to Reduce the Impact on Small Business: As noted above, it is unlikely that there will be significant adverse impacts on businesses (small or large) as part of this rule making under the baseline. Therefore, no specific measures have been taken to reduce or mitigate these rule impacts. In general, mitigation options and allowed uses under the reservation (i.e. potable domestic water for employees and customers) should provide for flexibility in obtaining water for beneficial uses.

     Involvement of Small Business in the Development of the Proposed Rule Amendments: The proposed rule amendment has been developed as an outcome of the Wenatchee watershed planning committee recommendations and process. This was an open process allowing for comment and participation by all entities as the project has proceeded. Participants in the planning unit included small businesses and organizations representing small businesses. Public hearings will be held after the filing of the CR-102 to consider the rule and allowing small businesses to provide additional input.

     SIC Codes of Impacted Industries: No industries are required to comply with the proposed rule unless they seek to obtain new water right permits or permit-exempt water rights in the covered area. The following list shows Standard Industrial Codes (SIC) codes for existing developable properties in the Wenatchee River Basin.⁶ This serves as a representative sample of potential future businesses that may be affected.

Storage/packing agricultural produce	Code 1151
Deciduous tree fruits	Code 0175
Horticulture nurseries	Code 1114
Produce stands	Code 1113
Fresh fruits and vegetables	Code 5148
Commercial greenhouses	Code 1114
Hatcheries	Code 1129
Mining, mineral extraction	Code 21
Residential building construction	Code 2361
Nonresidential building construction	Code 2362
Produce market	Code 445230
Grape vineyards	Code 111332
Fruit farming	Code 111339
Wineries	Code 312130
Golf facility	Code 713910
Stables	Code 713990
Animal production	Code 115210

     Expected Jobs Created or Lost: Ecology expects to issue one or two permits a year that would be for commercial or industrial uses subject to the proposed instream flows. The permits typically average twenty acres of irrigated land. Pear orchard, the most commonly grown crop in the area, produces revenue of $10-12,000 per acre.⁸ Commercial crop production could therefore generate an estimated $200,000 to 240,000 per year if the grower can successfully adapt the unreliable supply provided by the permit to meet the needs of pear orchard[s].

     If thirty new permits or six hundred new agricultural acres were issued water rights over the next twenty years we could expect 7.2 million in revenue. This could create two hundred eleven new supporting jobs.

     Office of financial management's NAICS based input/output model⁹ provides estimates of interdependence among industrial sectors in the state. Each sector not only produces and sells goods or services, but also purchases goods or services for use within its production process. Ecology expects jobs created by compliance of the proposed rule in these areas:

	Employment
Crop production	141
Animal production	1
Construction	2
Food manufacturing	1
Wholesale trade	3
Retail trade	13
Transportation and warehousing	2
Information	1
Finance and insurance	3
Real estate	7
Professional services and management	11
Educational services	1
Health services	11
Arts, recreation, and accommodation	2
Food services and drinking places	6
Other services	6
Total Employment	211

¹ Due to size limitations relating to the filing of documents with the code reviser, the SBEIS does not contain the appendices that further explain ecology's analysis. Additionally, it does not contain the raw data used in this analysis, or all of ecology's analysis of this data. However, the rule-making file contains this information and it is available upon request.

³ Talks with local interests show few commercial activities in the basin depend on instream flows.

⁴ Cost assumes two-5,000 gallon underground potable-water rated tanks.

⁵ Survey of well drillers, pump installers, and ecology's metering coordinator.

⁶ Data provided by the Chelan County assessor and by the Washington state employment security department was the basis for this table.

⁷ Ecology has used NAICS codes rather than Standard Industrial Codes (SIC). It is a comparable system, used at the federal and state level, and has replaced SIC codes in common use.

⁸ Wenatchee Water Resources Inventory Area (WRIA) 45 Management Plan.

⁹ http://www.ofm.wa.gov/economy/io/default.asp.

     A copy of the statement may be obtained by contacting Department of ecology water resources web page at

http://www.ecy.wa.gov/programs/wr/instream-flows/wenatchee.html or Lanessa Inman, Department of Ecology, 300 Desmond Drive S.E., Lacey, WA 98504, phone (360) 407-6862, fax (360) 407-7162, e-mail Linm461@ecy.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Department of ecology water resources web page at

http://www.ecy.wa.gov/programs/wr/instream-flows/wenatchee.html or Lanessa Inman, Department of Ecology, 300 Desmond Drive S.E., Lacey, WA, phone (360) 407-6862, fax (360) 407-7162, e-mail Linm461@ecy.wa.gov.

July 3, 2007

Polly Zehm

Deputy Director

OTS-9731.3

AMENDATORY SECTION(Amending Order DE 83-8, filed 6/3/83)

WAC 173-545-010   General ((provision)).   These rules apply to waters within the Wenatchee River basin, WRIA 45, as defined in WAC 173-500-040. This chapter is ((promulgated pursuant to)) adopted under chapter 90.54 RCW (Water Resources Act of 1971), chapter 90.22 RCW (minimum water flows and levels), chapter ((75.20)) 77.57 RCW (state fisheries code), chapter 90.82 RCW (Watershed Planning Act), and in accordance with chapter 173-500 WAC (water resources management program).

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-010, filed 6/3/83.]

     (2) This chapter sets forth the department's policies to guide the protection, use and management of Wenatchee River basin surface water and interrelated ground water resources. It protects existing water rights, establishes instream flows, and sets forth a program for the administration of future water allocation and use.

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-020, filed 6/3/83.]

Stream Management Unit Information

((Control Station No. Stream Management Unit Name	Control Station by River Mile and Section, Township, and Range	Affected Stream Reach(es) including Tributaries
12-4570.00 Wenatchee River at Plain	46.2 Sec. 12, T. 26N., R. 17E. W.M	From Plain Road Bridge, R.M. 46.2, to headwaters
12-4585.00 Icicle Cr. near Leavenworth	1.5 Sec. 24, T. 24N., R. 17E. W.M	Headwaters of Icicle Creek to its mouth
12-4590.00 Wenatchee River at Peshastin	21.5 Sec. 8, T. 24N., R. 18E. W.M	From confluence of Derby Creek to Plain Road Bridge, R.M. 46.2 excluding Derby Creek and Icicle Creek
12-4625.00 Wenatchee River at Monitor	7.0 Sec. 11, T. 23N., R. 19E. W.M	From mouth to confluence of Derby Creek, including Derby Creek and excluding Mission Creek
12-4620.00 Mission Creek near Cashmere	1.5 Sec. 8, T. 23N, R. 19E. W.M	From mouth to headwaters))

     (2) Instream flows are established for the stream management units in WAC 173-545-030(1) as follows:

Instream Flows in the Wenatchee River basin
(instantaneous cubic feet per second)

Instream Flows in the Wenatchee River basin (cont'd)
(instantaneous cubic feet per second)

     (6) If department investigations determine that withdrawal of ground water from the source aquifers would not interfere significantly with stream flow during the period of stream closure or with maintenance of minimum flows, then applications to appropriate public ground waters may be approved and permits or certificates issued.)) For the purposes of this chapter, the following definitions shall be used:

     (1) "Allocation" means the designation of specific amounts of water for specific beneficial uses.

     (2) "Appropriation" means the process of legally acquiring the right to specific amounts of water for beneficial uses, as consistent with the requirements of the ground and surface water codes and other applicable water resource statutes.

     (3) "Beneficial uses" means uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power production, mining, fish and wildlife maintenance and enhancement, recreational, thermal power production, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state.

     (4) "Consumptive use" means a use of water whereby there is a diminishment of the overall amount or quality of water in the water source.

     (5) "Closure" means a finding by the department that no water is available for future appropriations. WAC 173-545-100 identifies the periods when, and in what quantities, water may be available for future appropriation. If the maximum allocation is zero, no water is available. Practically, it means a permit to appropriate water for a beneficial use will not be approved from a stream or aquifer that results in a diminishment of the stream or aquifer during any period of time that water is unavailable and, unless otherwise excepted, no water is available for new or expanded exempt withdrawals under RCW 90.44.050.

     (6) "Department" means the Washington state department of ecology.

     (7) "Domestic water use" means, for the purposes of the reservation of water in this chapter, use of water associated with human health and welfare requirements, including water used for drinking, bathing, sanitary purposes, cooking, laundering, and other incidental household uses.

     (8) "Existing water right" includes perfected riparian rights, federal Indian and non-Indian reserved rights or other perfected and inchoate appropriative rights.

     (9) "Hydraulic continuity" means the interrelation between ground water (water beneath land surfaces or surface water bodies) and surface water (water above ground, such as lakes and streams).

     (10) "Instream flow" as used in this chapter, has the same meaning as a minimum instream flow under chapter 90.82 RCW, a base flow under chapter 90.54 RCW, a minimum flow under chapter 90.03 or 90.22 RCW, or management flow in the Wenatchee watershed plan. The instream flow constitutes a water right under chapter 90.03 RCW.

     (11) "Irrigation associated with a residence" means irrigation of not more than one-half acre of lawn or garden per dwelling.

     (12) "Nonconsumptive use" means a type of water use where either there is no withdrawal from a water source or there is no diminishment in the overall amount or quality of water in the water source.

     (13) "Plan" or "watershed plan" means the Wenatchee watershed management plan, approved by the Wenatchee watershed planning unit on April 26, 2006, and by the Chelan County commissioners on June 26, 2006.

     (14) "Planning unit" means the Wenatchee watershed planning unit (WWPU), or a successor approved by the WWPU. The WWPU was established in 1999 in accordance with chapter 90.82 RCW, Watershed Planning Act. The WWPU presently consists of the main planning unit, the steering committee, several technical subcommittees (e.g., water quantity/instream flow, habitat, water quality, growth and land use, outreach), and other interested stakeholders.

     (15) "Public water system" means any system providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm. Water use shall be consistent with WAC 246-290-020 or as it may be recodified.

     (16) "Reservation" means an allocation of water set aside for future domestic use, municipal use, and stock water use (except feedlots). For the purposes of this chapter, the reservation is not subject to the instream flows set in WAC 173-545-050 and 173-545-060. "Reservation" is the same as "reserve" and "reserved water" in the Wenatchee watershed management plan.

     (17) "Stock water" means the use of water by animals consistent with the Chelan County Code, Section 11.88.030. It does not apply to feedlots and other activities which are not related to normal grazing land uses.

     (18) "Stream management unit" means a stream segment, reach, or tributary used to describe the part of the relevant stream to which a particular use, action, instream flow level or reservation of water applies. Each of these units contains a control station. A map of the control points is included in this chapter (WAC 173-545-170).

     (19) "Withdrawal" means the extraction of ground water or diversion of surface water.

     (20) "WRIA" means water resource inventory area. This term can be used interchangeably with "basin" and "watershed."

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-030, filed 6/3/83.]

Stream Management Unit Information

Control Station No. Stream Management Unit Name	Control Station by River Mile and Section, Township, and Range	Affected Stream Reach(es) including Tributaries
12-4570.00 Wenatchee River at Plain	46.2 Sec. 12, T. 26N., R. 17E. W.M.	From Beaver Valley Hwy, R.M. 46.2, to headwaters
12-4585.00 Icicle Cr. near Leavenworth	2.6 Sec. 23, T. 24N., R. 17E. W.M.	Headwaters of Icicle Creek to its mouth
12-4590.00 Wenatchee River at Peshastin	21.5 Sec. 8, T. 24N., R. 18E. W.M.	From confluence of Derby Creek to Beaver Valley Hwy, R.M. 46.2 excluding Derby Creek and Icicle Creek
12-4625.00 Wenatchee River at Monitor	7.0 Sec. 11, T. 23N., R. 19E. W.M.	From mouth to confluence of Derby Creek, including Derby Creek and excluding Mission Creek
12-4620.001 Mission Creek near Cashmere	1.5 Sec. 9, T. 23N., R. 19E. W.M.	From mouth to headwaters
ECY 4530702 Mission Creek near Cashmere	0.2 Sec. 5, T. 23N., R. 19E. W.M.	From mouth to headwaters
12-4565.00 Chiwawa River near Plain	6.2 Sec. 13, T. 27N., R. 17E. W.M.	From the confluence of the Chiwawa River and the Wenatchee River upstream to the headwaters of the Chiwawa River
ECY 45J070 Nason Creek near mouth	0.2 Sec. 33, T. 27N., R. 17E. W.M.	From the confluence of Nason Creek and the Wenatchee River upstream to the Nason Creek headwaters
ECY 45F070 Peshastin Creek at Green Bridge Rd.	1.4 Sec. 28, T. 24N., R. 18E. W.M.	From the confluence of Peshastin Creek and the Wenatchee River

	1This station is used for regulation of permits issued subject to the minimum instream flows listed in WAC 173-545-050.
	2This station is to be used for regulation of any permits issued subject to the minimum instream flows in WAC 173-545-060.

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-040, filed 6/3/83.]

1983 Instream Flows in the Wenatchee River
(instantaneous cubic feet per second)

Instream Flows in the Wenatchee River
(instantaneous cubic feet per second)

     (3) The instream flows in subsection (1) of this section shall retain their original priority date and quantities, except where the flows in WAC 173-545-060(7) are lower than the flows in subsection (1) of this section. In those instances, existing water rights subject to subsection (1) of this section will instead be subject to the lower flow in WAC 173-545-060(7). However, the priority date of the original right remains unchanged. If, at a future date, it is determined that the higher flows in subsection (1) of this section are required to retain flows necessary to preserve fish, wildlife, scenic, aesthetic, or other environmental values, the department will issue an order notifying the holders of the conditioned permits and certificates of such a decision and the justification.

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-050, filed 6/3/83.]

     (7) Instream flows are established for the stream management units in WAC 173-545-040, as follows:

Instream Flows in the Wenatchee River Basin
(instantaneous cubic feet per second)

Instream Flows in the Wenatchee River Basin (cont'd)
(instantaneous cubic feet per second)

Instream Flows in the Wenatchee River Basin (cont'd)
(instantaneous cubic feet per second)

Instream Flows in the Wenatchee River Basin (cont'd)
(instantaneous cubic feet per second)

     (8) Instream flow hydrographs, WAC 173-545-170, Appendix 1 to this rule, shall be used for identification of instream flows on those days not specifically identified in WAC 173-545-060(7).

     (9) Future consumptive water right permits issued hereafter for the withdrawal of surface and ground water from the mainstem Wenatchee River and tributaries shall be subject to instream flows established in subsection (7) of this subsection, except for those withdrawals eligible for the reservation under WAC 173-545-090.

     (10) Projects that would reduce the flow in a portion of a stream's length (e.g.: Hydroelectric diversion projects) are consumptive with respect to the bypassed portion of the stream and are subject to specific instream flow requirements for the bypassed reach. The department may require detailed, project-specific instream flow studies to determine a specific instream flow for the bypassed reach. The flows established in subsection (7) of this section shall apply to the bypassed stream reach unless the department, by order, determines that different flows may be maintained in the bypassed reach.

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-060, filed 6/3/83.]

     (4) Nonconsumptive uses which are compatible with the intent of the chapter may be approved.)) In accordance with RCW 90.54.020(3), lakes and ponds in the Wenatchee watershed shall be retained substantially in their natural condition, including those in the Wenatchee National Forest. Water withdrawals from lakes and ponds for purposes eligible under the reservation in WAC 173-545-090 are not subject to instream flows. All other water withdrawals from lakes and ponds or storage projects sited within or upon existing lakes or ponds are subject to instream flows and maximum future allocations.

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-070, filed 6/3/83.]

[Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-080, filed 6/3/83.]

     (11) For Mission Creek, the interim reservation will terminate after two years. A cumulative impacts assessment will be used to determine if outdoor water use associated with permit-exempt ground water uses initiated subsequent to June 6, 1983, interferes with the adopted instream flows in WAC 173-545-050.

[Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. 88-13-037 (Order 88-11), § 173-545-090, filed 6/9/88. Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-090, filed 6/3/83.]

     (b) A maximum allocation shall be used to review future applications for beneficial uses from the mainstem Wenatchee and tributary rivers and creeks.

Maximum Allocations in the Wenatchee River Basin
(instantaneous cubic feet per second)

Maximum Allocations in the Wenatchee River Basin (cont'd)
(instantaneous cubic feet per second)

Maximum Allocations in the Wenatchee River Basin (cont'd)
(instantaneous cubic feet per second)

     (4) The department will maintain a record of the amount of water appropriated from the Wenatchee River and tributaries specified above. Once the maximum amounts are fully appropriated, the department shall notify Chelan County and the planning unit in writing. The department shall also issue a public notice in a newspaper of general circulation for the region.

[Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and 90.54 RCW. 88-13-037 (Order 88-11), § 173-545-100, filed 6/9/88. Statutory Authority: Chapters 90.54, 90.22 and 75.20 RCW. 83-13-016 (Order DE 83-8), § 173-545-100, filed 6/3/83.]

     (a) The proposed use is nonconsumptive, and compatible with the intent of this chapter.

     (b) The water use qualifies for the reservation established in WAC 173-545-090.

     (2)(a) Future applications for surface waters that are not part of the reservation established in WAC 173-545-090 may be approved subject to the instream flows established in WAC 173-545-060 and the maximum water allocation limits established in WAC 173-545-100, unless the source is closed to further appropriation.

     (b) Future applications for ground waters that are not part of the reservation established in WAC 173-545-090 may be approved subject to the instream flows established in WAC 173-545-060 and the maximum water allocation limits established in WAC 173-545-100 (except if there is a closure). Based upon existing data and the findings in the watershed plan, the department determines that there is a high likelihood of hydraulic continuity between surface water and ground water sources within both the Wenatchee River management units and tributaries established in WAC 173-545-040. Therefore, water rights without instream flow limitations may be issued for ground water only if the department determines that the withdrawal of ground water with proposed mitigation in place would not adversely affect or impair the instream flows.

     (3) No right to withdraw or store the public surface or ground waters of the Wenatchee River basin that conflicts with the provisions of this chapter will hereafter be granted, except in cases where such rights will clearly serve overriding considerations of the public interest, as stated in RCW 90.54.020 (3)(a).

     (4) All future surface and ground water permit holders shall be required to install and maintain measuring devices and report the data to the department in accordance with permit requirements. In addition, the department may require the permit holder to monitor stream flows and ground water levels.

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