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Legal Availability <br />In the Yakima River basin, all rights with a priority date later than May 10, 1905 are subject to curtailment when <br />the United States Bureau of Reclamation (USBR) total water supply available (TWSA) forecast is below 100%. <br />Curtailment of post 1905 water right based on the TWSA may occur as much as 3 out of 10 years. As a result, these <br />water systems are not reliable for domestic uses. <br />Table 1. Existing Water Rights <br />Water Right Priority Date <br />Source <br />Instantaneous Quantity <br />Annual Quantity <br />54-83039-1 12/17/1973 <br />Unnamed Spring <br />0.06 cfs <br />43.5 ac-ft/yr <br />G4-25791C(A) <br />03/06/1978 <br />Infiltration Gallery <br />26.5 gpm <br />11.5 ac-ft/yr <br />G4-25791C(B) 03/06/1978 <br />Infiltration Gallery <br />26.5 gpm <br />11.5 ac-ft/yr <br />cfs = Cubic Feet per Second; gpm = Gallons per Minute; ac-ft/yr = Acre-feet per Year <br />Municipal Supply Purposes <br />RCW 90.03.015(4)(a) states that ""Municipal water supply purposes" means a beneficial use of water: (a) For <br />residential purposes through fifteen or more residential service connections or for providing residential use of <br />water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a <br />year...". <br />None of the rights referenced above state that they are for municipal water supply purposes and when looking at <br />the Water Facilities Inventory Report, Ski Tur Valley may not meet the definition of a municipal water supplier. The <br />reports, information submitted, and information found on DOH's Sentry webpage show that these systems may <br />meet the second portion of the definition "for providing residential use of water for a nonresidential population <br />that is, on average, at least twenty-five people for at least sixty days a year" but more data and information are <br />needed to make that determination. If these rights do not meet the definition of municipal water supply purposes, <br />they would be subject to relinquishment. <br />Conclusion <br />• Gold Creek goes dry in low water years and is often dewatered during certain times of the year. <br />• Due to the unavailability of water in Gold Creek, Ski Tur and Starwater are subject to curtailment when <br />TWSA is not at 100%, which occurs as much as 3 out of 10 year. These systems are also at risk of an <br />impairment claim when the Yakama Nation's time immemorial water right is not being met, and if any <br />water right with a senior priority date is impaired by the diversion of this right. <br />• Water rights issued for community domestic supply that do not meet the definition of municipal water <br />rights are subject to relinquishment. <br />If you have any questions, please contact me at Christopher.kossik@ecy.wa.gov or (509) 379-1826. <br />Sincerely, <br />/ r <br />Christopher Kossik <br />Interim Permitting & Operation Unit Supervisor <br />Water Resources Program <br />ecc: Sage Park, Department of Ecology <br />Heather Simmons, Department of Ecology <br />