February 11, 2019
Mark Schuppe
Water Master
Central Regional Office
Department of Ecology
Email: msch461@ecy.wa.gov
VIA EMAIL
Re:

Chewuch Canal Company – Diversion and Delivery of Non-Shareholder Water
that is Subject to Minimum Instream Flows

Dear Mr. Schuppe:
I am writing on behalf of the Chewuch Canal Company (the “CCC”) to kindly request
direction from the Department of Ecology (“Ecology”) regarding a matter that has only recently
come to the CCC’s attention. As you are aware, Donald Lundgren and Crown Columbia Water
Resources, Inc., last year filed a water transfer application seeking to transfer substantial
amounts of water out of the Chewuch River basin. Because the CCC’s separate water right
would be affected should the pending transfer application be approved, the CCC has formally
objected.
As part of the CCC’s review of the documents underlying the water transfer application,
the CCC for the first time realized that the Lundgren water right claim at issue, Ecology claim
number S4-300641CL (the “Lundgren Claim”), was not filed with Ecology until June 16, 1998,
during the 1997 claims registration period. Accordingly, under RCW 90.14.068, and as stated in
Ecology’s confirmation letter dated July 15, 1998, the Lundgren Claim is to be administered as
junior to all senior rights and “shall not affect or impair in any respect whatsoever any water
right existing prior to July 27, 1997.”
Among the water rights existing prior to July 27, 1997, along and downstream from the
CCC’s diversion on the Chewuch River are the regulatory minimum instream flows for the
Chewuch and Methow Rivers, which were set by Ecology in December of 1976. See WAC 173548; see also, e.g., Whatcom County v. Hirst, 186 Wash. 2d 648, 686-87 (Wash. 2016)
(confirming that minimum instream flows are water rights); Postema v. Pollution Control
Hearings Bd., 142 Wash. 2d 68, 82 (Wash. 2000) (same).

 The CCC, under separate contract with the Lundgrens, diverts water from the Chewuch
River for the Lundgrens through the CCC’s headgate, and delivers that water to the Lundgren’s
property throughout the irrigation season. Because the CCC is now aware of the statutory
interruptibility of the Lundgren Claim, the CCC in advance of the 2019 irrigation season is
formally requesting guidance from Ecology on whether the CCC may continue to divert water
for - and deliver water to - the Lundgren property under their claim S4-300641CL even when
Chewuch River and Methow River minimum instream flows aren’t met.
Please don’t hesitate to contact me should you have any questions.
Sincerely,

__________________________________
NATALIE N. KUEHLER, WSBA #50322
Principal
RYAN & KUEHLER PLLC
PO Box 3059
Winthrop, WA 98862
cc:

Trevor Hutton, Section Manager

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