New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 45

45 Taking of water under supplementary water access licences upstream of the Macintyre River and Dumaresq River junction

(1) The taking of water under the following supplementary water access licences shall be in accordance with the rules established in this clause:

(a) those supplementary water access licences nominating water supply works upstream of the Macintyre River and Dumaresq River junction, excluding those supplementary water access licences specified in Schedule 2, and

(b) those supplementary water access licences specified in Schedule 3.

(2) The taking of water under the supplementary water access licences referred to in subclause (1) shall only be permitted in accordance with announcements made by the Minister, in accordance with the rules in this Plan.

(3) The maximum volume of water that may be taken under the supplementary water access licences referred to in subclause (1), during each period of time to which an announcement applies, may be expressed as a percentage of the supplementary water account limit specified on the water allocation account statement.

(4) Taking of water under the supplementary water access licences referred to in subclause (1) should be managed, as far as possible, to evenly share access opportunity, subject to the rules in this clause.

(5) Taking of water under the supplementary water access licences referred to in subclause (1) should only be permitted when there are uncontrolled flows at the point of extraction and the uncontrolled flow is in excess of that required to provide any required downstream replenishment flows specified in clause 58 and downstream water orders released from Pindari Dam and Glenlyon Dam water storages.

(6) Access to the uncontrolled flow volume in the Dumaresq River is to be shared between NSW and Queensland, and may be permitted to be taken under the supplementary water access licences referred to in subclause (1), during a supplementary water event.

Note: Sharing uncontrolled flows during a supplementary water event on the Dumaresq River is provided for in the IGA.

(7) For the purpose of subclause (5), the uncontrolled flow volume during a supplementary water event is the volume of inflows to this water source which occurs between the time that inflows increased to a level sufficient to produce uncontrolled flows in this water source and the time they then decreased to a level which was no longer sufficient to produce uncontrolled flows in this water source, minus the volume of inflows that is required to provide sufficient flow to:

(a) meet the environmental provisions of this Plan,

(b) satisfy downstream domestic and stock rights and native title rights,

(c) satisfy the water orders placed by regulated river (general security-A class) and regulated river (general security-B class) access licences and higher priority access licences, and

(d) provide any required replenishment flows specified in clause 58.

(8) The maximum volume of water that may be taken during each period of time to which an announcement under subclause (2) applies in the section of this water source from Pindari Dam water storage to the Macintyre River and Dumaresq River junction may not exceed the volume of flow occurring between the supplementary water event start flow and supplementary water event finish flow as specified below:

Season	Supplementary water event start flow (ML/day)	Supplementary water event finish flow (ML/day)	As measured at
Summer	500	150	Ashford
1 Sep-31 Mar	1000	250	Holdfast
Winter	100	50	Ashford
1 Apr-31 Aug	150	50	Holdfast

plus the volume of water required to:

(i) meet the environmental provisions of this Plan,

(ii) satisfy downstream domestic and stock rights and native title rights,

(iii) satisfy the total NSW and Queensland water orders placed by access licences, including associated losses,

(iv) provide any required replenishment flows specified in clause 58, and

(v) satisfy Queensland share for water harvesting licences.

(9) The maximum volume of water that may be taken during each period of time to which an announcement under subclause (2) applies in the section of this water source from the Dumaresq River and Pike Creek junction to the Macintyre River and Dumaresq River junction may not exceed the volume of flow occurring between the supplementary water event start flow and supplementary water event finish flow is specified below:

Season	Supplementary water event start flow (ML/day)	Supplementary water event finish flow (ML/day)	As measured at
Summer
1 Sep-31 Mar	750	250	Glenarbon
Winter
1 Apr-31 Aug	150	50	Glenarbon

plus the volume of water required to:

(i) meet the environmental provisions of this Plan,

(ii) satisfy downstream domestic and stock rights and native title rights,

(iii) satisfy the total NSW and Queensland water orders placed by access licences, including associated losses,

(iv) provide any required replenishment flows specified in clause 58, and

(v) satisfy Queensland share for water harvesting licences.

(10) For those supplementary water access licences specified in Schedule 3, the maximum volume of water that may be taken during each period of time to which an announcement under subclause (2) applies must not exceed the provisions provided under:

(a) subclause (8) where the uncontrolled flow originates from the Macintyre River, and

(b) subclause (9) where the uncontrolled flow originates from the Dumaresq River.

(11) The taking of water pursuant to subclauses (8), (9) and (10) is also subject to the following provisions:

(a) water taken may only be used for direct irrigation and is not to be pumped into on-farm storages, and

(b) a maximum extraction rate of 6 ML/day per diversion work pump at the commencement of this Plan, is to apply.

(12) Taking of water under supplementary water access licences nominating works on the Macintyre River shall not be permitted, or shall be restricted, when this is required to ensure the passage to the Barwon-Darling of locally generated uncontrolled flows needed to meet the requirements of the Interim Unregulated Flow Management Plan for the North West.

Note: The Interim Unregulated Flow Management Plan for the North West is also known as the North-West Unregulated Flow Management Plan.

Note: Any restriction of supplementary access in NSW as a result of the application of the IUFMP does not impact on QLDs ability to extract in accordance with the IGA.

(13) The requirements of the Interim Unregulated Flow Management Plan for the North West are:

(a) a flow of 14,000 ML/day in the Darling River at Brewarrina for 5 consecutive days, or 10,000 ML/day in the Darling River at Bourke for 5 consecutive days, during the period September to February inclusive, providing two such flow events have not already occurred during that period in that water year.

Note: This subclause is intended to provide opportunity for the passage of fish across the major weirs in the Barwon-Darling.

(b) a flow of 2,000 ML/day in the Darling River at Wilcannia for 5 consecutive days during October to April, inclusive, providing flows of this quantity have not already been reached during the preceding three months within the October to April period, and

Note: This subclause is intended to protect flows needed to suppress blue-green algae blooms.

(c) a flow of:

(i) 150 ML/day in the Darling River at Wilcannia,

(ii) 280 ML/day in the Darling River at Louth,

(iii) 390 ML/day in the Darling River at Bourke,

(iv) 550 ML/day in the Darling River at Brewarrina, and

(v) 700 ML/day in the Barwon River at Walgett.

Note: This subclause is intended to protect flows needed to meet basic landholder rights requirements along the Barwon-Darling River.

(14) The Minister may alter or replace the rule set out in subclause (12) or the requirements set out under subclause (13) should the Interim Unregulated Flow Management Plan for the North West be altered, or replaced by new management arrangements, providing that such action:

(a) only affects the taking of water under supplementary water access licences,

(b) only relates to the taking of water under supplementary water access licences and does not jeopardise critical environmental needs or the supply of water to basic rights holders, domestic and stock access licence holders and local water utility access licence holders in the Barwon Darling, and

(c) in the Minister’s opinion, does not substantially alter the long-term average volume of water that can be taken under supplementary water access licences in the Border Rivers Regulated River Water Source.