1. (1) The instream flows established in this section are based on recommendations in the 2005 Elwha-Dungeness watershed plan, consultation with the Jamestown S'Klallam Tribe, the departments of fish and wildlife, agriculture, and commerce; and public input received during the rule-making process.
2. (2) Instream flows established in this rule are necessary to meet the water resource management objectives of the Elwha-Dungeness watershed plan.
3. (3) Instream flows established in this rule are water rights and will be protected from impairment by any new water rights commenced after the effective date of this chapter and by future water right changes and transfers.
4. (4) Instream flows are expressed in cubic feet per second (cfs), and are measured at the control stations identified in Table I. Tables II A and B identify instream flows set by this rule.

5. (5) Exceptions to the instream flow requirements are provided in WAC 173-518-070, 173-518-080, and 173-518-085. Any other new water appropriation established after the effective date of this rule will be subject to interruption when stream flows drop below the instream flow levels set in Table II.

   Table I

   Subbasin Management Unit Information

   SubbasinManagement Point Name	Control Station by River Mile (RM); Latitude (Lat.), Longitude (Long.)	StreamManagementReach
   Bagley Creek @ Hwy. 101	RM 1.4; 48°05'56''N, 123°19'47''W	From mouth to headwaters, including tributaries.
   Bell Creek @ Schmuck Rd.	RM 0.2; 48°05'01''N, 123°03'25''W	From mouth to headwaters, including tributaries.
   Cassalery Creek @ Woodcock Rd.	RM 1.8; 48°06'59''N, 123°06'31''W	From mouth to headwaters, including tributaries.
   Dungeness River @ Schoolhouse Bridge	Ecology Gage 18A050 RM 0.8; 48°08'37''N, 123°07'43''W	From mouth to headwaters, including tributaries, except Meadowbrook and Matriotti creeks.
   Gierin Creek @ Holland Rd.	RM 1.7; 48°06'05''N, 123°04'40''W	From mouth to headwaters, including tributaries.
   Matriotti Creek @ Lamar Ln.	RM 1.3; 48°07'54''N, 123°09'46''W	From mouth to headwaters, including tributaries.
   McDonald Creek @ Old Olympic Hwy.	RM 1.6; 48°06'20''N, 123°13'17''W	From mouth to headwaters, including tributaries.
   Meadowbrook Creek @ Sequim-Dungeness Way	RM 1.2; 48°08'41''N, 123°07'27''W	From mouth to headwaters, including tributaries.
   Siebert Creek @ Old Olympic Hwy.	Ecology Gage 18L060 RM 1.3; 48°06'24''N, 123°16'42''W	From mouth to headwaters, including tributaries.

   Table II A

   Instream Flows in the Dungeness River Basin

   (cubic feet per second)

   Month	Bagley Creek	Bell Creek	Cassalery Creek	DungenessMainstem	Gierin Creek
   January	15		11		5		575		10
   February	10		7		3		575		7
   March	29		22		12		575		20
   April	29		22		12		475		20
   May	20		14		8		475		13
   June	20		14		8		475		13
   July	6		4		2		475		4
   August	6		4		2		180		4
   September	6		4		2		180		4
   October	6		4		2		180		4
   November	15		11		5		575		10
   December	15		11		5		575		10

   Table II B

   Instream Flows in the Dungeness River Basin

   (cubic feet per second)

   Month	Matriotti Creek	McDonald Creek	Meadowbrook Creek	Siebert Creek
   January	14		36		12		36
   February	10		24		8		24
   March	27		63		24		63
   April	27		63		24		63
   May	18		42		16		42
   June	18		42		16		42
   July	5		15		5		15
   August	5		15		5		15
   September	5		15		5		15
   October	5		15		5		15
   November	14		36		12		36
   December	14		36		12		36

[Statutory Authority: Chapters 90.54, 90.22, 90.82, 90.03, 90.42, and 90.44 RCW. WSR 12-23-054 (Order 07-17), § 173-518-040, filed 11/16/12, effective 1/2/13.]