WRIA 62 WMP 032305 - Washington State Department of Ecology

March, 2005 -43- 023-1289-003.3040
those situations where it is clear that overriding considerations of the public interest will be
served.
Since the WRIA 62 Watershed Planning Unit opted not to address instream flows within Phase II of
Watershed Planning, the law states that Ecology will perform this task at some time in the future. At
present, Ecology has no specific timeframe nor locations for conducting instream flow studies in WRIA
62 but acknowledges that the studies will occur sometime in the future.
Since instream flow needs are a component of the equation to quantify water availability in a watershed
or sub-basin, the WRIA 62 Watershed Planning Unit believes that it is important for the WRIA 62 Phase
IV Implementing Body to be involved in instream flow setting in WRIA 62. The WRIA 62 Watershed
Planning Unit believes that it would be most useful for instream flows to be developed as a priority in the
southern sub-basins of Calispell, Davis, Skookum, Kent and McCloud that are expected to experience
the highest population growth rates and therefore water demand in the future. However, the Watershed
Planning Unit also acknowledges that instream flows may need to be developed for all major tributaries
in WRIA 62. Furthermore, the Watershed Planning Unit insists that any setting of minimum instream
flows be based on the best available science and methodologies to support the establishment of the
minimum instream flows.
At the November 2004 Watershed Planning Unit meeting, the Watershed Planning Unit agreed by
consensus to recommend instream flow setting in WRIA 62 during Phase IV of Watershed Planning in
the collaborative manner described in RCW 90.82.080 (Appendix C1). This proposal was presented to
the Pend Oreille County Commissioners on December 13, 2004 for their approval. At this meeting the
Commissioners (Mitch Brown, Mike Hanson and Sam Nicholas) approved the Planning Unit’s
recommendation to address instream flows within the southern sub-basins that are expected to experience
the greatest population growth.
In terms of rule-making, Ecology agreed that instream flow studies for as many remaining tributaries
in WRIA 62 as feasible should be completed prior to entering into rule-making. Ecology and WDFW
agreed, at least preliminarily, that further Pend Oreille River mainstem flow analysis may not be
warranted and that Ecology and WDFW could support a flow of 7,700 cfs at Newport in regulation
(email communication between Hal Beecher (WDFW) and Mimi Wainwright (Ecology), October 27,
2004). Instream flow studies for tributaries in WRIA 62 might be completed a number of ways: some
may already have acceptable recommended flows; some may be completed by the Pend Oreille
Native Salmonid Recovery Team; the Watershed Planning Implementing Body may choose to
conduct some instream flow studies; and/or remaining flows could be completed with
WDFW/Ecology resources.
The Watershed Planning Unit noted that the minimum discharge mandated by Congress for Albeni
Falls Dam is 4,000 cfs. With the intent of making this minimum discharge consistent with the future
minimum instream flow rule for the Pend Oreille River, the Planning Unit recommends that Ecology
consider petitioning the Washington State Governor to write a letter to Congress to raise the
minimum discharge from Albeni Falls Dam from 4,000 cfs to be equivalent to the minimum instream
flow rule (after this rule is established).
Water rights issued by Ecology from the main stem of the Pend Oreille River for the last couple of
years have been conditioned to the 7,700 cfs at the Newport gage. 7,700 cfs is a minimum flow for
regulation (i.e. it is a SWSL and not a minimum instream flow rule). Based on the historic record, the
flows in the Pend Oreille River fall below 7,700 cfs at the Newport gage one year in ten, usually in
August. When Ecology goes into rule making to set minimum instream flows in WRIA 62, it is
WRIA 62 WMP 032305