New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MURRUMBIDGEE REGULATED RIVER WATER SOURCE 2003 - REG 39

39 Available water determinations for regulated river (general security) access licences

(1) An available water determination is not to be made for regulated river (general security) access licences in any water year until the sum of available water determinations for regulated river (high security) access licences for the water year is equivalent to 0.95 megalitres per unit share.

(2) An available water determination for regulated river (general security) access licences shall be made at the commencement of each water year if water can be provided to them.

(3) If the available water determination resulting from subclause (2) is less than the percentage specified in subclause (4) then further available water determinations shall be made at least monthly if additional water can be provided.

(4) The sum of available water determinations for regulated river (general security) access licences in any water year shall not exceed 1 megalitre per unit share, or such lower amount as results from clause 34 (2), (3) or (4).

(5) Available water determinations made for regulated river (general security) access licences must take into account any relevant operational requirements identified in Part 12 of this Plan and:

(a) the environmental water provisions established by this Plan,

(b) requirements for domestic and stock and native title rights,

(c) requirements for domestic and stock access licences,

(d) requirements for local water utility access licences,

(e) requirements for regulated river (high security) access licences,

(f) requirements for Murrumbidgee Irrigation (conveyance) access licences,

(g) requirements for Coleambally Irrigation (conveyance) access licences,

(h) allocations remaining in water accounts from previous available water determinations,

(i) water losses associated with holding and delivery of water to meet the requirements specified in subclauses (a) to (h),

(j) an appropriate volume to meet water losses associated with the holding and delivery of water resulting from the available water determination, and

(k) any other relevant matters.

(6) Whenever the effective available water for regulated river (general security) access licences for that water year is less than or equal to 0.7 megalitres per unit share, available water determinations made for regulated river (general security) access licences shall also indicate that:

(a) water may be extracted without debit to regulated river (general security) access licence water allocation accounts whenever access to water by supplementary water access licences is permitted under clause 51,

(b) the total amount of water that may be extracted without debit to the water allocation account under subclause (6) (a) in any water year is limited to the equivalent of 0.85 megalitres per unit share minus the effective available water for that year, and

(c) if at any time during the water year:

(i) the effective available water for regulated river (general security) access licences for that water year is less than 0.85 megalitres per unit share, and

(ii) the effective available water for regulated river (general security) access licences for that water year and the total volume of extractions taken under subclause (6) (b) exceed 0.85 megalitres per unit share,

then a volume of water that is equal to the volume of exceedance minus the volume of any previous debits made under this subclause shall be withdrawn from the regulated river (general security) access licence water allocation account, and

(d) if at any time during the water year the effective available water for regulated river (general security) access licences for that water year increases to greater than 0.85 megalitres per unit share, then a volume of water equal to the volume that has been taken pursuant to subclause (6) (b) less the volume of any previous debits made under this subclause or subclause (6) (c) shall be withdrawn from the regulated river (general security) access licence water allocation account.

(7) The Minister may under section 45 (1) (b) of the Act and by notice published in the Gazette vary the provisions of subclause (6) following an amendment to the maximum carryover percentages specified in clauses 48 (2) (a) and 48 (3), to maintain the frequency of access to water under subclause (6) that existed prior to the variation.