New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MURRUMBIDGEE REGULATED RIVER WATER SOURCE 2003 - REG 15

15 Planned environmental water

(1) This clause establishes the planned environmental water rules for this Plan.

(2) Transparent releases shall be made from Blowering Dam water storage in accordance with the following rules:

(a) when natural inflows are less than 560 megalitres per day then the release from Blowering Dam must be greater than or equal to natural inflows plus any water use (other than basic landholder rights use) expected to occur between the dam and the confluence with the Murrumbidgee River, and

(b) when natural inflows are greater than 560 megalitres per day then the minimum release from Blowering Dam is to be 560 megalitres per day plus the volume of water use (other than basic landholder rights use) expected to occur between the dam and the confluence with the Murrumbidgee River.

(3) A transparent release volume for Burrinjuck Dam water storage shall be calculated each day and shall be the lesser of:

(a) the volume of inflows to the storage over the previous 24 hour period, and

(b) 615 megalitres.

(4) On each day between 22 April and 21 October, when Burrinjuck Dam water storage inflows are greater than 615 megalitres per day, the catchment condition for the Burrinjuck Dam catchment will be assessed by:

(a) comparing the average flow in the Goodradigbee River at Wee Jasper over the preceding 24 hour period with the flows listed for the corresponding date in the table in Schedule 3,

(b) when the Goodradigbee flow is less than or equal to the flow listed in column 2 of the table in Schedule 3 the catchment condition shall be deemed to be dry,

(c) when the Goodradigbee flow is greater than the flow listed in column 2 of the table in Schedule 3 but less than the flow listed in column 3 of the table in Schedule 3 the catchment condition shall be deemed to be normal, and

(d) when the Goodradigbee flow is equal to or greater than the flow listed in column 3 of the table in Schedule 3 the catchment condition shall be deemed to be wet.

(5) On each day between 22 April and 21 October a Burrinjuck Dam translucent release volume shall be calculated by multiplying the calculated Burrinjuck Dam water storage inflow over the previous 24 hours and the appropriate percentage from the table in Schedule 4, using the catchment condition classification determined in subclause (4), and at all other times the translucent release volume shall be zero.

(6) Unless operational constraints prevent all or part of this release being made, the release during the succeeding 24 hours from Burrinjuck Dam shall be made according to the following:

(a) if the volume calculated under subclause (3) and subclause (5) is less than 300 megalitres, the release shall be 300 megalitres,

(b) if the volume calculated under subclause (3) is greater than or equal to the volume calculated under subclause (5), the release shall be made according to the following:

(i) if the volume calculated under subclause (3) is greater than 300 megalitres but less than or equal to 450 megalitres, the release shall be that volume, and

(ii) if the volume calculated under subclause (3) is greater than 450 megalitres but less than or equal to 615 megalitres, the release shall be 450 megalitres,

(c) if the volume calculated under subclause (5) is greater than the volume calculated under subclause (3), the release shall be made according to the following:

(i) if the volume calculated under subclause (5) is less than 1,000 megalitres, the release shall be the volume calculated under subclause (5) less 315 megalitres per day, and

(ii) if the volume calculated under subclause (5) is greater than 1,000 megalitres and less than 10,000 megalitres, the release shall be the volume calculated under subclause (5) less the sum of:

(1) where the daily release balance (hereafter "the DRB") volume (as per subclause (23)) is greater than zero, the lesser of 10% of the volume calculated under subclause (5) or the DRB volume, and

(2) 315 megalitres per day, and

(iii) if the volume calculated under subclause (5) is greater than, or equal to 10,000 megalitres, the release shall be the volume calculated under subclause (5),

(d) the daily release shall be equal to the inflow to the storage over the previous 24 hours or 300 megalitres (whichever is the greater), plus the volume of any water use (other than basic landholder rights use) expected to occur between Burrinjuck Dam and the Tumut River confluence, up to a maximum of 615 megalitres, if either of the following conditions are met:

(i) if the release made over each of the previous 10 days has been 450 megalitres, and the release otherwise calculated under subclause (6) would again be 450 megalitres, or

(ii) a release was made under subclause (6) (d) (i) over the previous 24 hour period but not the 24 hour period preceding it, and

(e) where the volume necessary to supply access licence requirements and other requirements identified in this Plan exceeds the release volume calculated under subclauses (a) to (d), it shall be taken as the release.

(7) If some or all of the volume determined in subclause (6) cannot be released in the succeeding 24 hours due to system operation constraints, then the shortfall shall be added to the minimum release requirement (up to the limit of system operational constraints) for the succeeding day(s) until released.

(8) An environmental water allowance (hereafter "EWA1") shall be established and managed according to the following:

(a) the EWA1 shall be credited when the sum of available water determinations for regulated river (general security) access licences during the water year and the water carried over in regulated river (general security) access licence water allocation accounts from the previous water year is equivalent to or greater than 0.6 megalitres multiplied by the total number of unit shares specified in regulated river (general security) access license share components,

(b) the volume credited to the EWA1 shall be the volume of water in excess of that required to meet the trigger specified in subclause (8) (a), up to a maximum of 50,000 megalitres in any water year, subject to subclause (8) (d) (iv),

(c) releases of EWA1 cannot be used by access licences or to meet water requirements in another water source that result from an assignment of water allocations from an access licence water allocation account,

(d) up to 50,000 megalitres may be made available for use as additional EWA1 in the current water year, subject to the following:

(i) the additional volume shall be made available from the second provisional storage volume established under clause 62 (3), and shall not exceed the water available in the second provisional storage volume,

(ii) a need for releases under subclause (11) has occurred,

(iii) there is no water remaining in the EWA1, the second environmental water allowance established under subclause (9) and the third environmental water allowance established under subclause (10), and

(iv) the volume credited to EWA1 in the following year shall be reduced by the additional volume made available from the second provisional storage volume under subclause (8),

(e) any EWA1 remaining at the end of each water year may be carried over to the next water year, up to a maximum of 50,000 megalitres,

(f) during any flow event where water is spilled from Blowering Dam or Burrinjuck Dam, EWA1 carried over from the previous water year will be reduced in proportion to the volume of water spilled, up to a limit of 50% of the volume of EWA1 carried over from the previous water year, and

(g) at the commencement of this plan a volume equivalent to the water remaining in the environmental contingency allowance immediately prior to the commencement of this Plan, shall exist in the EWA1.

(9) A second environmental water allowance (hereafter "EWA2") shall be established and managed according to the following:

(a) whenever a transparent release from Burrinjuck Dam is made under subclause (6) (b), the EWA2 shall be credited with a volume equal to the lesser of:

(i) the inflow to the storage over the previous 24 hours, or

(ii) 615 megalitres,

minus 300 megalitres,

(b) each day that translucent releases from Burrinjuck Dam are made under subclause (6) (c), a volume of 315 megalitres shall be credited to the EWA2,

(c) releases of EWA2 cannot be used by access licence holders or to meet water requirements in another water source that result from a transfer of access licence account water,

(d) any water remaining in the EWA2 at the end of each water year that was not carried forward from the previous water year may be carried over to the following water year without limit, and

(e) water remaining in the EWA2 at the end of each water year that was carried over from the previous water year may not be carried over again to the following water year.

(10) A third environmental water allowance (hereafter "EWA3") shall be established and managed according to the following:

(a) the EWA3 shall have a maximum limit each water year, which shall be the total of:

(i) the cumulative total of the difference between the translucent release volume from subclause (6) (c) and the translucent release volume calculated using Schedule 5, prior to 1 November in that water year, and

(ii) the cumulative total of the difference between the translucent release volume from subclause (6) (c) and the translucent release volume calculated using Schedule 5 for the period 22 April to 30 June of the previous water year,

Note: This is the difference between the translucent releases in Schedule 4 and Schedule 5, which is known as foregone translucent release.

(b) the EWA3 shall be credited when the sum of available water determinations made for regulated river (general security) access licences plus water carried over in regulated river (general security) access licence water allocation accounts from the previous water year are equivalent to or greater than 0.8 megalitres multiplied by the total number of unit shares specified in regulated river (general security) access licence share components, and

(c) the volume credited to the EWA3 shall be the volume of water in excess of the trigger specified in subclause 10 (b), subject to:

(i) the maximum limit of the EWA3 at the time when available resources are assessed, between 1 July and 31 October,

(ii) between 1 November and 31 December, the EWA3 shall be credited with 50% of the water determined using the trigger specified in subclause (10) (b),

(iii) the other 50% of the water determined using the trigger specified in subclause (10) (b) but not credited to the EWA3 shall be credited to the second provisional storage volume established under clause 62 (3),

(iv) the EWA3 shall not be credited from 1 January to 30 June of the current water year,

(v) releases of the EWA3 cannot be used by access licence holders or to meet water requirements in another water source that result from a transfer of access licence account water,

(vi) on 1 November, 50% of the EWA3 at that time, shall be transferred to the second provisional storage volume established under clause 62 (3), and

(vii) on 1 January all remaining EWA3 shall be transferred to the second provisional storage volume established under clause 62 (3).

(11) Release of the EWA1, EWA2 and EWA3 are to be made to provide environmentally beneficial outcomes for water bird breeding, wetland inundation, fish passage and breeding and water quality,

(12) Release of the EWA1, EWA2 and EWA3 shall endeavour to provide maximum environmental benefit and be made to the maximum extent possible,

(13) Release of the EWA1, EWA2 and EWA3 shall be made in the following order:

(a) the EWA3 first,

(b) then the EWA2 that has been carried over from the previous water year,

(c) then the remaining EWA2,

(d) then the EWA1 that has been carried over from the previous water year,

(e) then the EWA1, and

(f) then the EWA1 made available from the second provisional storage volume.

(14) Before the commencement of each water year, detailed release rules for the EWA1, EWA2 and EWA3 should be developed which address the ecological objectives specified in subclauses (11) and (12),

(15) An Environmental Water Allowance Reference Group should be established by the Minister under section 388 of the Act for the purpose of providing advice on the release rules developed under subclause (14).

Note: The Environmental Water Allowance Reference Group should be established prior to the commencement of this Plan

(16) In providing advice in accordance with subclause (15) the Environmental Water Allowance Reference Group should have regard to:

(a) the objectives of this Plan,

(b) the principles of adaptive management, and

(c) the ecological objectives specified in subclauses (11) and (12).

(17) If advice cannot be provided by the Environmental Water Allowance Reference Group under subclause (15) releases from the environmental water account shall be approved by the Minister, in accordance with the ecological objectives specified in subclauses (11) and (12) and the release rule specified in subclause (13).

(18) The Environmental Water Allowance Reference Group established under subclause (15) should consist of 9 members each with a nominated alternate member representing:

(a) Nature Conservation Council or its subsequent organisation,

(b) Murrumbidgee Field Naturalists or its subsequent organisation,

(c) Murrumbidgee Customer Service Committee (upper river) or its subsequent organisation,

(d) Murrumbidgee Customer Service Committee (mid river) or its subsequent organisation,

(e) Lowbidgee League or its subsequent organisation,

(f) New South Wales Fisheries, or its subsequent organisation,

(g) New South Wales National Parks and Wildlife Service, or its subsequent organisation,

(h) State Water or its subsequent organisation, and

(i) the Department of Infrastructure Planning and Natural Resources or its subsequent organisation.

(19) Members of the Environmental Water Allowance Reference Group should be appointed for a period of 5 years.

(20) Members of the Environmental Water Allowance Reference Group should elect the Chair.

(21) A quorum of the Environmental Water Allowance Reference Group should be two community representatives and two representatives of Government Agencies.

(22) The Environmental Water Allowance Reference Group should report and communicate on its activities in accordance with procedures established by the Minister.

(23) A DRB volume shall be calculated according to the following:

(a) whenever a dam release made over a 24 hour period under subclause (6) (b) is greater than 300 megalitres, the DRB volume shall be increased by the release less 300 megalitres,

(b) whenever releases are made under subclause (6) (c) (ii) the DRB volume shall be reduced by 10% of the volume calculated under subclause (5) for the previous 24 hours, until the DRB volume is calculated to be zero, and

(c) the DRB volume shall be calculated continuously from each water year to the next.

Note: The DRB is calculated to maintain a continuous record of the net difference between the minimum translucent dam releases made under this Plan and water credited to environmental water allowances under this Plan.

(24) Pursuant to section 45 (1) (b) of the Act and clause 72 of this Plan, the Minister may amend the planned environmental water rules under clause 15 to the extent specified in clause 72.