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 stated in the conditions of the water right or change authorization.
   2. (b) Water rights appropriated from the reservation of water established in WAC 173-528-110.
   3. (c) Water rights for environmental restoration purposes under WAC 173-528-140, 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 173-528-050. 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 established 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 Salmon/Washougal Basin (cubic feet per second)

   Month	Stream Management Control Point
   	Whipple Creek, RM 2.7	Mill Creek, RM 0.02	Weaver Creek, RM 0.04	Morgan Creek, RM 1.8	Rock Creek, RM 0.3	Burnt Bridge Creek, RM 3.0	Lower Lacamas Creek, RM 0.4
   January	28		27		12		17		36		20		112
   February	51		50		23		33		63		38		112
   March	51		50		23		33		63		38		96
   April	51		50		23		33		63		38		96
   May	51		50		23		33		63		38		96
   June	34		33		15		22		42		25		64
   July	34		33		15		22		42		25		64
   August	12		11		4		7		15		8		27
   September	12		11		4		7		15		8		112
   October	28		27		12		17		36		20		112
   November	28		27		12		17		36		20		112
   December	28		27		12		17		36		20		112

   Month	Stream Management Control Point
   	Upper Lacamas Creek, RM 5.5	Washougal River, RM 3.6	Little Washougal River, RM 0.02	W.F. Washougal River, RM 0.8	Gibbons Creek, RM 1.6	Lawton Creek, RM 0.45	Duncan Creek, RM 0.3
   January	39		425	193		205		27		24		21
   February	39		425	193		205		49		44		39
   March	39		375	160		169		49		44		39
   April	39		375	160		169		49		44		39
   May	39		375	160		169		49		44		39
   June	39		525	107		112		33		29		26
   July	39		240	107		112		33		29		26
   August	39		168	48		51		11		10		8
   September	39		264/425*	193		205		11		10		8
   October	39		425	193		205		27		24		21
   November	39		425	193		205		27		24		21
   December	39		425	193		205		27		24		21
   *The Washougal River, RM 3.6, instream flow right is for 264 cubic feet per second from September 1 to September 15, and 425 cubic feet per second from September 16 to September 30.

   Month	Stream Management Control Point
   	Woodward Creek, RM 0.25	Hardy Creek, RM 1.6	Hamilton Creek, RM 1.3	Greenleaf Creek, RM 0.3
   January	42		40		72		31
   February	72		69		117		55
   March	72		69		117		55
   April	72		69		117		55
   May	72		69		117		55
   June	48		46		78		37
   July	48		46		78		37
   August	18		17		33		13
   September	18		17		33		13
   October	42		40		72		31
   November	42		40		72		31
   December	42		40		72		31

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 09-01-127 (Order 08-03), § 173-528-060, filed 12/19/08, effective 1/19/09.]