Issuing water right permits for nonconsumptive hydropower use in water resource inventory areas in which minimum instream flows are not being met.

SB 5261 allows Washington's Department of Ecology to issue water permits for nonconsumptive hydropower projects (which don't consume water) in water resource inventory areas where minimum instream flows aren't currently met. Permits must include measures to protect fish and wildlife flows or require mitigation for any flow impacts. The bill clarifies that only the Department of Ecology can establish minimum flow requirements and mandates consultation with wildlife agencies and tribal representatives during flow planning. It directly affects hydropower operators seeking permits in designated areas with insufficient water flow.