RCW 77.57.070
Diversion of water—Screen, bypass required.
(1) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who was, on June 11, 1947, otherwise lawfully diverting water from a lake, river, or stream shall not be deemed guilty of a violation of this section.
(2) Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.
(3) The director or the director's designee may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.
[ 2005 c 146 § 904; 2001 c 253 § 48; 1998 c 190 § 122; 1980 c 78 § 89; 1955 c 36 § 77.16.220. Prior: 1947 c 275 § 61; Rem. Supp. 1947 § 5992-70. Formerly RCW 77.55.320, 77.16.220.]
NOTES:
Part headings not law—2005 c 146: See note following RCW 77.55.011.
Effective date—Intent, construction—Savings—Severability—1980 c 78: See notes following RCW 77.04.010.
Structure Revised Code of Washington
Chapter 77.57 - Fishways, Flow, and Screening.
77.57.010 - Fish guards required on diversion devices—Penalties, remedies for failure.
77.57.020 - Review of permit applications to divert or store water—Water flow policy.
77.57.030 - Fishways required in dams, obstructions—Penalties, remedies for failure.
77.57.040 - Director may modify inadequate fishways and fish guards.
77.57.050 - If fishway is impractical, fish hatchery or cultural facility may be provided in lieu.
77.57.060 - Director may modify inadequate fishways and protective devices.
77.57.070 - Diversion of water—Screen, bypass required.
77.57.080 - Operation and maintenance of fish collection facility on Toutle river.