Why are the proposed instream flows sometimes higher than the flow in the stream?
While the amount of water in the stream is considered when determining instream flow numbers, they cannot be based solely on existing levels. (Refer also to the next question.) State law is clear that instream flows must be set at levels that protect and preserve fish and other instream values over the long-term. It’s the amount of water the fish could use when it is there. Actual stream flow levels naturally vary throughout the year due to seasonal changes and water use. So the differences between actual flows and instream flows will also vary throughout the years. If the instream flow number is high relative to the average flow in the stream in summer, this does not mean that the instream flow number is wrong. Rather it means that the stream will provide more fish habitat in wet years than in dry years. Protecting the occasional “good water year” is needed to preserve a healthy population of fish. If we want to protect the habitat available in those rare wet years, then the instream
