Skagit River Basin - Water Management Rule

Find information on this page about:

Reservations of water for future uses
Carpenter-Fisher subbasin closed
USGS report on well use and stream flows
Mitigation plans
Court challenge to the Skagit rule - Appeal
Other rule documents
Overview of the basin
Contact

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.

Skagit River

The rule establishes how Ecology will manage water use in the basin. This includes:

Establishing instream flows to protect stream flows in the Skagit and its tributaries for fish and other natural resources.

Administering reservations of water for specific future out-of-stream uses.

Granting interruptible water rights which cannot be used when flows in certain streams and the river are too low.

Evaluating mitigation plans.

Reservations of water for future uses

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.

Skagit River Basin Instream Flow Rule - Ecology Director Ted Sturdevant to Skagit County Commissioners, December 6, 2011
Focus on Skagit Basin Water Issues - December 2011
FAQ - Skagit River Basin Water Reservations
Map - Lower Skagit Sub-basins WRIA 3 - includes sub-basin management unit and reservation quantity
Map - Upper Skagit Sub-basins WRIA 4 - includes sub-basin management unit and reservation quantity

Agricultural Irrigation

A 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/Industrial

A 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 Watering

A 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.

Skagit Tulips

Skagit Water Reservations 2010 Annual Report

This report summarizes water uses from Skagit reservations from April 14, 2001 to December 31, 2010.

Skagit Reservation Accounting Report - April 14, 2001- December 31, 2010
- Appendix A - Skagit County Permit Counting Spreadsheet
- Appendix B - Snohomish County Permit Counting Spreadsheet
- Appendix C - Skagit Reservation Master Accounting Spreadsheet
- Appendix D - Livestock Water Use Spreadsheet
Public Notice - providing the public with an accounting of water used in the Skagit River Basin

Carpenter-Fisher subbasin closed (effective June 27, 2011)

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.

Options for new water uses

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:

The effects of well pumping on stream flows. In September 2010, the U.S. Geological Survey (USGS) published a multi-year ground and surface water study of the Lower Skagit (see below), including Carpenter-Fisher. Ecology is currently using the study’s computer model to assess the impact of pumping water from wells on stream flows. This information may show that changes should be made in how we calculate reservation consumptive use, and make more water available for out-of-stream uses. (A consumptive water use reduces the amount of water in the water source.)
Basin-wide mitigation. Ecology is initiating a project with a non-profit third-party organization to evaluate the possibility of establishing a basin-wide mitigation project. This would potentially make the process of securing mitigation for a new water use much simpler. All new uses in Carpenter-Fisher will have to be mitigated, as the basin is now closed. Guidance is available to property owners wanting to develop a mitigation plan.
Metering project. Skagit County, with assistance from the City of Anacortes and Ecology, is conducting a rural residential metering project. The County is measuring water use in rural domestic households using wells. Information from this project will be reviewed against existing information on water use, and could change how Ecology calculates how much water reservation well-users withdraw. This may affect the amount of water available for new water uses.

For more information on the Carpenter-Fisher subbasin reservation closure:

Focus - Carpenter/Fisher Subbasin Reservation
FAQ Carpenter-Fisher subbasin water reserve is closed
Carpenter Fisher Management Unit Boundary Map
Letter to Skagit and Snohomish County – December 2009 letter from Ecology notifying counties of near-future closure of the Carpenter/Fisher subbasin
Skagit Valley Herald Editorial: There isn’t as much water as we may think July 03, 2011

USGS scientific report on water well use and stream flows in the Skagit River basin

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.

Ecology News Release - September 15, 2010 - New water-resource tool for Skagit basin; public invited to community meeting for more information

USGS Scientific Investigations Report #2010-5184 (September 2010)

Numerical Simulation of the Groundwater-Flow System in Tributary Subbasins and Vicinity, Lower Skagit River Basin, Skagit and Snohomish Counties, Washington By Kenneth H. Johnson and Mark E. Savoca - A groundwater-flow model developed to evaluate the effects of potential groundwater withdrawals and consumptive use on streamflows in tributary subbasins of the lower portion of the Skagit River basin. Prepared in cooperation with the Skagit County Public Works Department and the Washington State Department of Ecology and Skagit County Public Utility District

Link to Report

Mitigation plans

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.

Mitigation Plan Review Protocol – steps that Ecology will take when reviewing a mitigation plan
Mitigation Measures Used in Water Right Permitting – informal document providing examples of mitigation strategies used throughout the state. Compiled in April 2003.

Court challenge to the Skagit River Basin rule

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:

Opening Brief Appellant Swinomish Indian Tribal Community - May 25, 2011
Response Brief Department of Ecology - July 8, 2011
Reply Brief Appellant Swinomish Indian Tribal Community - August 5, 2011

Overview of the basin

Skagit River Facts

Size: The Skagit River is more than 160 miles long and the third largest river on the West Coast of the contiguous United States, after the Columbia and Sacramento rivers. It provides about 20 percent of the fresh water flowing into Puget Sound, or nearly 10 billion gallons a day.
Location: The river originates in Canada then flows south and west through the North Cascade Range. With some 2,900 tributaries, it drains 3,130 square miles of watershed in 2,730 square miles in Washington and 400 in British Columbia.
Animal Species: 5 species of salmon, globally rare Salish sucker, neotropical migrant birds, bald eagles, fishers, grizzly bear, wolves, trumpeter swan, gray-bellied brant, and many raptors and waterfowl. The Skagit is the only river system in Washington which supports all five species of salmon. It contains some of the largest and healthiest wild Chinook salmon runs in Puget Sound and the largest pink salmon stock in Washington.

Detailed maps

Watershed Planning information: