New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MURRUMBIDGEE REGULATED RIVER WATER SOURCE 2003 - REG 32

32 Volume of the long-term extraction limit

(1) This Plan establishes a long-term extraction limit for this water source, which is the lesser of:

(a) the long-term average annual extractions from this water source that would occur with the water storages, access licence share components and water use development that existed in 1999/2000, and the water management rules defined in this Plan, or

(b) the long-term average annual extractions from this water source that would occur under the baseline conditions used for assessment of Cap under Schedule F of the Murray Darling Basin Agreement.

Note: An assessment of the long-term average annual extractions that would result under the conditions specified under subclause (1) (a) has been made using the Murrumbidgee Integrated Quantity Quality Model scenario run number ‘50 EWA1 plus TT’. This indicates that at the commencement of this Plan a long-term average annual extraction volume of 1,925,000 megalitres would result.

Note: An assessment of the long-term average annual extractions that would result under the baseline conditions in subclause (1) (b) has been made using the Murrumbidgee Integrated Quantity Quality Model Cap scenario run number ‘721capm4’. This indicates a long-term average annual extraction volume of 1,980,000 megalitres would result.

Note: The long-term extraction limit recognises the effect of climatic variability on the availability of water, in accordance with section 20 (2) (c) of the Act, as historic climate and river flow information is used in its determination.

(2) The values referred to in subclauses (1) (a) and (1) (b) shall be adjusted for any access licence dealing under section 71R or 71U of the Act.

(3) If an access licence is cancelled as part of an arrangement to provide additional water to the Snowy River under the Snowy Water Inquiry Outcomes Implementation Deed the values referred to in subclauses (1) (a) and (1) (b) shall be reduced by a volume which appropriately reflects the licence share of water made available in this water source.

(4) For the purposes of establishing the long-term extraction limit and auditing compliance with it, the following will be included:

(a) all water extractions by all categories of access licences in accordance with the rules used for accounting of Cap diversions for Schedule F of the Murray Darling Basin Agreement,

(b) domestic and stock rights and native title rights extractions,

(c) delivery of water pursuant to any adaptive environmental water,

(d) floodplain harvesting diversions determined to be taken for use in conjunction with extractions from this water source, and

(e) assignment of water allocations from the water allocation accounts of access licences in this water source to the water allocation accounts of access licences in other water sources.

(5) For the purposes of establishing the long-term extraction limit and auditing compliance with it, the following will not be included:

(a) replenishment flows made in accordance with this Plan, and

(b) diversion of water pursuant to the planned environmental water rules under clause 14 and the planned environmental water rules under clause 15 of this Plan.

(6) For the purposes of establishing the long-term extraction limit and auditing compliance with it, the assessed volume of extractions will be reduced by the volume of water allocations being assigned from the water allocation accounts of access licences in other water sources to the water allocation accounts of access licences in this water source.

(7) The volume of reduction in relation to subclause (6) shall be that which is representative of:

(a) practices as they existed in 1999/2000 in the case of an assessment under clause 33 (2) of the long-term average annual extraction volume resulting from subclause (1) (a),

(b) baseline conditions used for assessment of Cap under Schedule F of the Murray Darling Basin Agreement in the case of an assessment under clause 33 (2) of the long-term average annual extraction volume resulting from subclause 1 (b), and

(c) current day practices in the case of an assessment under clause 33 (3).