WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 46 Taking of water under supplementary water access licences downstream of the Macintyre River and Dumaresq River junction

WATER SHARING PLAN FOR THE NSW BORDER RIVERS REGULATED RIVER WATER SOURCE 2009 - REG 46

46 Taking of water under supplementary water access licences downstream 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 downstream of the Macintyre River and Dumaresq River junction, excluding those supplementary water access licences specified in Schedule 3, and

(b) those supplementary water access licences specified in Schedule 2.

(2) The taking of water under supplementary water access licences 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) When all uncontrolled flows are arising from inflows to this water source upstream of Goondiwindi, the taking of water under the supplementary water access licences referred to in subclause (1):

(a) should not commence until the flow volume entering, or expected to enter this water source over a two day period at Goondiwindi is a minimum of 10,000 ML, 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.

Note : The two day flow at Goondiwindi is the 24 hour flow at Goondiwindi on the day of the assessment plus the flow for the previous 24 hours in the Macintyre Brook at Booba Sands plus the Dumaresq River at Glenarbon Weir plus the Macintyre River at Holdfast.

(b) should cease when the flow volume entering this water source over a two day period at Goondiwindi falls below 3,650 ML, 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.

Note : The IGA provides for access to supplementary flow event by each state downstream of the point of inflow.

(7) When all uncontrolled flows are arising from inflows to this water source downstream of Goondiwindi, the taking of water under the supplementary water access licences referred to in subclause (1):

(a) should not commence until the flow volume entering, or expected to enter the system over a two day period is a minimum of 2,000 ML, 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,

(v) satisfy Queensland share for water harvesting licences, and

(b) should cease when the flow volume entering the system falls below 1,550ML over a two day period, 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.

(8) Taking of water under the supplementary water access licences referred to in subclause (1) which nominate a work 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 water access licences in NSW as a result of the application of the Interim Unregulated Flow Management Plan for the North West does not impact on QLDs ability to extract in accordance with the IGA.

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

(a) a flow of 14,000 ML/day in the Barwon 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 Barwon 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.

(10) The Minister may alter or replace the rule set out in subclause (8), or the requirements set out under subclause (9), 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 the supplementary water access licences referred to in subclause (1),

(b) only relates to the taking of water under the supplementary water access licences referred to in subclause (1) 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 this water source.