1. (1) The instream flows established in this chapter are based on the recommendations of the planning unit; consultation with the departments of fish and wildlife, agriculture, and community, trade, and economic development; the Confederated Tribes of the Umatilla Indian Reservation; and public input received during the rule-making process.
2. (2) Instream flows established here are water rights, which protect stream flows from future consumptive appropriations. The instream flow recommendations submitted by the planning unit received the unanimous vote of the planning unit. In accordance with RCW 90.82.080 (2)(a), and unanimous vote of the planning unit, the priority date of the instream flows is the effective date of this chapter.
3. (3) Instream flow rights shall be protected from impairment by junior water rights and by all future changes and transfers of senior and junior water rights.
4. (4) Instream flows, expressed in cubic feet per second (cfs), are measured at the management points identified in WAC 173-532-025. For reaches that do not have management points, the flows established for the nearest management point or points (where a tributary with a management point contributes to such flow) apply to those reaches.

5. (5) Instream flows are established for the stream management units in WAC 173-532-025, as indicated in Table II.

   Table II

   Instream Flows in the Walla Walla River Basin

   (cubic feet per second)

   	Stream Management Unit
   Month	Mill CreekMP 1 (Mill Creek at Kooskooskie),USGS Gage No. 14013000	Walla Walla RiverMP 5a (Walla Walla River at Detour Road), Department Gage No. 32A100	North Fork Touchet River,MP 6a (North Fork Touchet above Dayton), Department Gage No. 32E050	Touchet RiverMP 11 (Touchet River at Bolles), Department Gage No. 32B100
   	January		110		250		95		150
   	February		125		250		95		150
   	March		150		350		125		200
   	April		150		350		125		200
   	May		125		250		125 Closure		200 Closure
   	June		100 Closure		Closure		95 Closure		125 Closure
   	July		53 Closure		Closure		65 Closure		74 Closure
   	August		41 Closure		Closure		53 Closure		48 Closure
   	September		41 Closure		Closure		51 Closure		56 Closure
   	October		48 Closure		Closure		63 Closure		82 Closure
   	November		100 Closure		Closure		95 Closure		150 Closure
   	December		110		250		95		150

[Statutory Authority: Chapters 90.82, 90.54, 90.22, 90.03, and 90.44 RCW. WSR 07-17-007 (Order 04-08), § 173-532-030, filed 8/2/07, effective 9/5/07; Order DE 77-30, § 173-532-030, filed 12/14/77.]