1. (1) The instream flows established in this chapter are based on the recommendations of the planning unit; consultation with the department of fish and wildlife, department of agriculture, and department of community, trade, and economic development; and public input received during the rule-making process. The planning unit recommended these instream flow levels by unanimous vote.
2. (2) Instream flows established in this chapter are water rights, which protect instream values and functions from future appropriations. The priority date of the instream flows is the effective date of this chapter. In accordance with RCW 90.82.080, this priority date received unanimous approval from the planning unit.

3. (3) Instream flow rights shall be protected from impairment by any new water rights commenced after the effective date of this chapter and by all future changes and transfers of senior and junior water rights, including both surface and groundwater rights. The following water rights are not subject to the instream flows:

   1. (a) A water right put to beneficial use before the effective date of this chapter, unless otherwise stated in the conditions of the water right or change authorization.
   2. (b) Water rights appropriated from the reservation of water established in WAC 173-527-110.
   3. (c) Future withdrawals for environmental restoration purposes under WAC 173-527-140 unless included as a permit condition.

4. (4) Instream flows, expressed in cubic feet per second (cfs), are measured at the stream management control points in WAC 173-527-050. Instream flows apply to all stream reaches that contribute to flow at stream management control points, as shown in Table II of this section. For reaches that are downstream of all management points, the flows set for the nearest upstream management control point shall apply to those reaches. However, if a point of withdrawal is downstream of the confluence of two or more branches, each having a designated management point, the combined flows of the management points shall apply to that withdrawal.

   Table II

   Instream Flows in the Lewis Basin

   (cubic feet per second)

   Month	Stream Management Control Point
   	Kalama River, RM 2.8	Cedar Creek, RM 0.02	Lower Lewis River, RM 19.0	Canyon Creek, RM 2.9	Gee Creek, RM 4.9
   January	950		125		2000		66		23
   February	950		156		2000		66		42
   March	950		156		2000 for Mar. 1, 2200 from Mar. 2 to Mar. 15, 2500 from Mar. 16 to Mar. 30, 2700 for Mar. 31	208		42
   April	950		156		2700		208		42
   May	950		156		2700		208		42
   June	900		104		2700		139		28
   July	616		104		2300 from July 1 to July 10, 1900 from July 11 to July 20, 1500 from July 21 to July 30, 1200 for July 31	139		28
   August	434 from Aug. 1 to Aug. 15, 400 from Aug. 16 to Aug. 31	46		1200		66		9
   September	589		188		1200		66		9
   October	1050		188		1200 from Oct. 1 to Oct. 15, 2500 from Oct. 16 to Oct. 31	66		23
   November	1050		188		4200		66		23
   December	1050		125		4200 from Dec. 1 to Dec. 15, 2000 from Dec. 16 to Dec. 31	66		23

   Month	Stream Management Control Point
   	Jenny Creek, RM 0.3	McCormick Creek, RM 2.0	Brezee Creek, RM 0.4	Lockwood Creek, RM 1.2	Mason Creek, RM 1.2	East Fork Lewis River, RM 10.1	Rock Creek #2, RM 1.8	Yacolt Creek, RM 0.02	Rock Creek #1, RM 1.8
   January	19		15		31		30		23		500		23		59		75
   February	36		28		39		54		42		500		43		97		121
   March	36		28		39		54		42		460		43		97		121
   April	36		28		39		54		42		460		43		97		121
   May	36		28		39		54		42		460		43		97		121
   June	24		28		39		36		28		420		29		66		80
   July	24		28		39		36		28		233		29		66		80
   August	8		6		8		13		9		122		10		26		34
   September	8		6		8		13		9		175 from Sep. 1 to Sep. 15, 295 from Sep. 16 to Sep. 30	10		26		34
   October	19		15		21		30		23		500		23		59		75
   November	19		15		21		30		23		500		23		59		75
   December	19		15		21		30		23		500		23		59		75

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 09-01-126 (Order 08-02), § 173-527-060, filed 12/19/08, effective 1/19/09.]