WRIA 62 WMP 032305 - Washington State Department of Ecology

March, 2005 -42- 023-1289-003.3040
available, it is the intent of the Watershed Planning Unit to consider reserving this available water
through establishment of a water reservation for future public water supply pursuant to Chapter 173-
590 WAC. A copy of Chapter 173-590 WAC is included in Appendix F1. If instream flow studies
indicate that water is not available for further appropriation during all or at particular times of the
year, it is the intent of the Watershed Planning Unit to consider mitigation and alternative water
supply management options such as water conservation, reclamation and reuse, water storage 1 , water
rights transfers, water banking and development of alternate supplies (such as the mainstem of the
Pend Oreille River). The Watershed Planning Unit considers this the first step in a sequential
process.
The Watershed Planning Unit acknowledges that instream flows may need to be developed for major
tributaries within WRIA 62 to get a complete picture of water needs and water availability. In
addition to the tributaries in the Planning Unit’s priority sub-basins, i.e. Calispell Creek, Davis Creek,
Skookum Creek (both forks), Kent Creek and McCloud Creek, these include (in no order of priority)
Indian Creek, Cee Cee Ah Creek, Mill Creek, Middle Creek, LeClerc Creek (all branches), Sullivan
Creek, Flume Creek, Lunch/Sweet Creek, Cedar Creek, Big Muddy Creek, Little Muddy Creek, Lost
Creek, SF Lost Creek, Tacoma Creek, Trimble Creek, Cusick Creek, Marshall Creek, Lower West
Branch Priest River, Kalispell Creek, Granite Creek, Maitlen Creek, Gardiner Creek, and Harvey
Creek. There are a few streams in WRIA 62 that are intermittent (i.e. are dry in summer months) in
the headwaters, along sections or along their entire length. Whether or not these streams are
intermittent in any particular year, depends upon the local climate and hydrogeology.
4.1.3 QUANT-2b Background and Rationale
Problem Statement: There is a need to ensure that the Watershed Planning Implementing
Body is involved in instream flow studies, study recommendations and any instream flow rulemaking
in WRIA 62.
Administrative rules regarding instream flows in WRIA 62 have not been established by Ecology in
accordance with Chapter 173-500 WAC. In addition, during the watershed planning process the
Watershed Planning Unit and Pend Oreille County Commissioners could not agree by consensus to
take on the optional Phase II instream flow component. House Bill (HB) 1832 states that the funding
for instream flow studies should be a priority and that Ecology will conduct instream flow
assessments in areas where stakeholders have chosen not to address this component. RCW
90.82.040(2)(a)(iii)(c) states, "If the initiating governments for a planning unit elect not to establish or
amend instream flows as part of the unit's planning process, the department [of Ecology] shall retain one
hundred thousand dollars to carry out an assessment to support establishment of instream flows and to
establish such flows in accordance with RCW 90.54.020(3)(a) and Chapter 90.22." Chapter 90.22 RCW
is included in Appendix F2. RCW 90.54.020(3)(a) states:
(3) The quality of the natural environment shall be protected and, where possible, enhanced
as follows:
(a) Perennial rivers and streams of the state shall be retained with base flows necessary to
provide for preservation of wildlife, fish, scenic, aesthetic and other environmental values,
and navigational values. Lakes and ponds shall be retained substantially in their natural
condition. Withdrawals of water which would conflict therewith shall be authorized only in
1 The objective of water storage would be to minimize decreases in low summer streamflows, increase water
supply reliability and meet future water demand. A broad range of concepts could be considered such as
wetland and riparian enhancement, surface water impoundments, infiltration ponds, aquifer storage and
recovery and direct discharge of groundwater for streamflow augmentation.
WRIA 62 WMP 032305