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Creek until Cherry Creek is intercepted by Wilson Creek, down Wilson Creek to its confluence with the <br />Yakima River, and in the Yakima River from the confluence with Wilson Creek to the Parker Dam. <br />Trust Water Management <br />Under Water Right No. CS4-01141sb10, Court Claim No, 01141 (S4-84509-J) is being changed to <br />instream flow and mitigation, and shall be protected against diversion and use by junior priority water <br />users from the authorized point of diversion to Parker Gage on the Yakima River. <br />These quantities will be managed by Ecology so mitigation can be available for use under Kittitas <br />County's programs. <br />The proposed lands no longer irrigated at the end of the development schedule include 48.8 acres <br />located in the E%SW% and the W%SE% of Section 18, T. 18 N., R. 20 E.W.M., lying east of Cool<e Creek <br />and north of the KRD canal. (Future irrigation of such lands may be authorized under the Treats' <br />companion mitigated permit application.) <br />Impairment <br />Under RCW 90.03.380, Ecology must make a determination as to whether existing water rights may be <br />impaired by this non-diversionary proposed use. <br />Under RCW 90.38,0a0(5)(a), a trust water right may be exercised only if Ecology first determines that <br />the authorization will not impair or injure any other water rights. <br />The proposed change to instream flow will not cause a reduction in the availability of water in the <br />Primary Reach. Similarly, no senior water right in the secondary reach will be negatively affected by <br />increased instream flows during the irrigation season. Therefore, based on these considerations, <br />transferring the subject water right to trust is not expected to impair other water rights. <br />Public Interest <br />The use must not be detrimental to the public interest. At a minimum, the following are considered <br />when making this assessment. <br />Consultatlon wlth the Department of Fish ond Wildlife <br />Per RCW 90.03.280, Ecology must give notice to the Department of Fish and Wildlife (WDFW) of <br />applications to divert, withdraw, or store water. WDFW was provided notice of this water right change <br />when it was presented to the Water Transfer Working Group on April 2,2OL8, <br />State Environmentdl Policy Act (SEPA) <br />Under WAC 197-11, a water right application is subject to a SEPA threshold determination (i.e., an <br />evaluation of whether there will be significant adverse environmental impacts) if any of <br />the following conditions are met: <br />r lt is a surface water right application for more than 1 cfs, unless that project is for agricultural <br />irrigation, in which case the threshold is increased to 50 cfs, so long as that irrigation project will <br />not receive public subsidies; <br />r lt is a groundwater right application for more than 2,250 gpm; <br />o lt is an application that, in combination with other water right applications for the same project, <br />collectively exceed the amounts above; <br />Change Report of Examination Page l,X of 15 Water Right File No. CS4-01141sb10