Department of Ecology Press Release - November 7, 2005

05-270

Ecology Department proposes modified Skagit River stream-flow rule

OLYMPIA - The Department of Ecology is proposing to amend an existing state rule that sets minimum stream flows for most of the Skagit River system to protect the river and its resources while also meeting anticipated human needs for the next 25 years or more.

Ecology adopted the original regulation in 2001 to keep water flowing in the upper and lower Skagit River and the Cultus Mountain tributaries.

Under state law, the department is required to establish state water-management rules for each major river basin to protect and preserve fish, wildlife, recreation, navigation, aesthetics, water quality and livestock watering.

While existing water rights were not affected by the 2001 rule, the regulation did not specifically provide water for future agricultural, home construction, and new commercial and industrial activities. The original regulation would have made new water uses subject to having their water right interrupted if specific stream-flow levels were not being met in the Skagit River.

Ecology's new proposal would keep the current stream flows in place and would modify the rule by setting aside six million gallons of surface and underground (ground) water a day to provide for more than 2,000 acres of new agricultural irrigation.

This "reserve" of irrigation-water would not be subject to the stream flow levels under the rule, but farmers would need to get a new water right from the department in order to have access to reserved water.

The proposed amendments also would set aside a general reserve of more than nine million gallons of water a day that will be available without interruption for future residential, commercial, industrial, and livestock watering needs.

Some small household and business uses -- such as water for personal hygiene, food preparation and lavatory needs -- would not need a water right to access the reserves. However, larger water uses such as municipal or commercial would still to get need a water right from Ecology.

"We listened to local and tribal governments and many others in the Skagit community, and these proposed rule amendments reflect their concerns," said Ecology Director Jay Manning. "They are designed to ensure there is enough water in the basin to keep streams and rivers healthy while meeting future human needs."

To monitor how much water is being used in the reserves, Ecology is proposing that all future water users install meters to measure their water use. This information will be made available to the department periodically.

The public comment period for the amended rule starts Nov. 16, 2005, and ends Jan. 20, 2006. Ecology will hold three hearings to share information and get public comments:

For more information or to send written comments about the proposed rule amendments, please contact Jacqueline Klug, Department of Ecology, 3190 160th Ave. S.E., Bellevue, Wash., 98008 (phone, 425-649-7124; fax, 425-649-7098; or e-mail, jklu461@ecy.wa.gov).

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Contact: Curt Hart, Public Information Manager, 360-407-7139; or pager 360-971-9610

For more information: http://www.ecy.wa.gov/programs/wr/instream-flows/isfhm.html