How is water “protected” instream?
There are two ways water is “protected” instream using the TWRP: (1) when one’s water right is changed, either temporarily or permanently, to be a Trust Water right, it is protected (or exempt) from the 5-year use-it-or-lose-it relinquishment statute (RCW 90.14.071, 90.14.130, 90.14.160-180, 90.42.040(6)); (2) when changed to a Trust Water right for the purpose of instream flow, Washington Department of Ecology, as the water management enforcement agent in Washington State (RCW 43.21A.064, Enforcement ), has authority to protect its instream flow purpose against junior users in that stream from withdrawing those waters in a water-short year (RCW 90.03.005, 90.03.400, 90.38.040(2), 90.42.040(3) ).
