
The Skagit River Basin Instream Resources Protection Program Rule (WAC 173-503) went into effect on April 14, 2001. It established instream flows throughout the basin to protect flow levels in streams. In 2006 the rule was amended to establish finite “reservations” of surface and groundwater for future out-of-stream uses. The reservations provide uninterruptible (year-round) water supplies for new agricultural, residential, commercial/industrial and livestock uses, distributed among 25 subbasins. Without the reservations, water uses started after April 2001 could be stopped if stream flows fell below the instream flow levels.
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The rule establishes how Ecology will manage water use in the basin.
This includes:
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The Skagit rule established reservations of water for specific out-of-stream uses that are not subject to the instream flows. There are three reservations of limited water supplies for different purposes of use, distributed among 25 subbasins. In June of 2011, the Carpenter-Fisher subbasin reservation was used up and is now closed. As of October 2011, Ecology records show that the Nookachamps subbasin is very close to being used up. However, none of the reservations in other subbasins appear to be at or near to being fully used up to date.
Agricultural IrrigationA reservation of 3,564 acre feet of water was established for future commercial agricultural irrigation from either ground or surface water. Geographically, the reservation is available to users in the Lower, Middle and Upper Skagit subbasins. Potential users of this reservation will need to obtain a water right from Ecology. Domestic, Municipal, Commercial/IndustrialA reservation of a maximum average consumptive daily use of 9,370,208 gallons per day of water was established for domestic, municipal, or commercial/industrial water supply for the entire basin. While the reservation applies to the entire basin, many subbasins have maximum reservations for that geographic area that cannot be exceeded. The reservation is available to users exempt from the permitting process and to users requiring a water right. Stock WateringA reservation of 324,000 gallons per day of water was established for new stock water uses from either ground or surface water. Geographically, the reservation is available to users in the Lower, Middle, and Upper Skagit subbasins. The reservation is available to users exempt from the permitting process and to users requiring a water right. |
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This report summarizes water uses from Skagit reservations from April 14, 2001 to December 31, 2010.
The Carpenter-Fisher subbasin water reservation is now closed to new uses. New development between 2001 and 2009 used the water up more quickly than anticipated. According to the Skagit rule, once a subbasin's reserved water is used up, the area is closed to new water uses unless they are mitigated. A mitigated water use is one whose impact on streams is offset or compensated for.
There are still options for securing water for new projects. Water is available through water suppliers like the Skagit Public Utility District (PUD). Under the Skagit rule, public water suppliers are the preferred water supply. Reservation water is not available to people who can hook-up to public water in a timely and reasonable manner.
Ecology understands that public water is not available for all areas. Therefore, Ecology is pursuing several different avenues which could lead to making more water available for human use while still protecting streams for fish, wildlife and other “instream” needs. Currently Ecology is actively looking into:
For more information on the Carpenter-Fisher subbasin reservation closure:
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Ecology has a new water-resource tool for the Skagit Basin. Developed by the U.S. Geological Survey (USGS) for a multi-year surface and groundwater study, we have a computer model that will aid implementation of the Skagit water-management rule. The study has greatly increased our technical understanding of the water system in the Lower Skagit, including the Carpenter-Fisher subbasin. Representatives from Ecology, Skagit County, and the USGS held a public meeting on October 6, 2010 to provide more information and answer questions about the model and how it will be used to implement the Skagit rule. If further study indicates that changes in water-use accounting methods are needed, Ecology will seek public input and comment before adopting any changes to the methods laid out in the rule.
USGS Scientific Investigations Report #2010-5184 (September 2010)
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Mitigation refers to offsetting the impact of a water use on streams. The Skagit River management rule allows applicants or governmental agencies to submit mitigation plans to Ecology for approval. These plans can be submitted to mitigate for an individual withdrawal or for multiple withdrawals in a subbasin.
The protocol below includes rule language and describes the steps that Ecology will take when considering a mitigation plan. Contact Ecology directly for specific guidance.
If Ecology approves a mitigation plan under this rule, that plan will be documented and shared on this website.
In June 2008, the Swinomish Indian Tribal Community and the City of Anacortes filed legal suit on the Skagit water management rule (WAC 173-503). On November 9, 2010, Thurston County Superior Court Judge Carol Murphy issued a letter opinion upholding the Skagit rule.
The decision is currently being appealed before the Washington State Court of
Appeals as Swinomish Indian Tribal Community v. Ecology Case No. 41636-1-II:
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Skagit River Facts
Detailed maps Watershed Planning information: |
Jacque Klug
Phone: (425) 649-7270
e-mail:
jacque.klug@ecy.wa.gov
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