WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 17 Establishment and maintenance of planned environmental water

WATER SHARING PLAN FOR THE GREATER METROPOLITAN REGION UNREGULATED RIVER WATER SOURCES 2011 - REG 17

17 Establishment and maintenance of planned environmental water

(1) Planned environmental water is established and maintained in these water sources as set out in this clause.

(2) Planned environmental water in these water sources is established as follows:

(a) it is the physical presence of water that:

(i) results from the environmental release rules specified in Part 6 for the Shoalhaven River Water Source, Upper Nepean and Upstream Warragamba Water Source, Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source, and

Note : The rules in Part 6 require daily releases of water to be made from storages in the Shoalhaven River Water Source, Upper Nepean and Upstream Warragamba Water Source, Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source and establish environmental contingency allowance accounts for those storages.

(ii) results from the access rules specified in Division 2 of Part 9 of this Plan,

Note : The rules in Division 2 of Part 9 of this Plan set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.

(b) it is the long-term average annual commitment of water as planned environmental water in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source that results from the application of the environmental release rules as specified in Part 6, the available water determination rules as specified in Division 2 of Part 7, the water allocation account management rules as specified in Division 1 of Part 9, and the long-term average annual extraction limit as specified in Division 1 of Part 7,

(c) it is the water remaining after water has been taken pursuant to basic landholder rights and access licences in accordance with the rules specified in Part 7 and Part 9.

(3) The planned environmental water established under subclause (2) (a) is maintained in:

(a) the Shoalhaven River Water Source, the Upper Nepean and Upstream Warragamba Water Source, the Hawkesbury and Lower Nepean Rivers Water Source and the Southern Sydney Rivers Water Source by the environmental release rules specified in Part 6, and

(b) these water sources by the rules specified in Part 7 and Division 1 of Part 9 of this Plan.

(4) The planned environmental water established in subclause (2) (b) is maintained in the Upper Nepean and Upstream Warragamba Water Source and the Hawkesbury and Lower Nepean Rivers Water Source by the rules in Part 7 which limit the water available for extraction under access licences.

(5) The planned environmental water established under subclause (2) (c) is maintained in these water sources by the rules specified in Parts 7 and 9.

Note : The rules in Part 7 ensure that there will be water remaining in these water sources over the long-term by maintaining compliance with the long-term average annual extraction limit, which is less than 100% of the long-term average water available. The rules in Part 7 provide for a reduction in available water determinations when the long-term average annual extraction limit has been assessed to have been exceeded.

Note : The rules in Part 7 ensure that there will be water remaining in these water sources over the long-term by maintaining compliance with the long-term average annual extraction limit, which is less than 100% of the long-term average water available. The rules in Part 7 provide for a reduction in available water determinations when the long-term average annual extraction limit has been assessed to have been exceeded.