New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 2003 - REG 15

15 Planned environmental water

(1) Subclauses (2) to (16) establish planned environmental water rules relating to the management of the New South Wales’ Barmah-Millewa Environmental Water Allowance (hereafter "the Barmah-Millewa Allowance") in the Murray Water Source.

(2) A volume of up to 50,000 megalitres per water year shall also be available for release as specified under subclause (7) (hereafter "the Barmah-Millewa Overdraw").

(3) An account is to be kept setting out the volumes:

(a) credited to, debited from or taken from the Barmah-Millewa Allowance, and

(b) the volumes of Barmah-Millewa Overdraw released.

(4) The maximum credit that may be held in the Barmah-Millewa Allowance at any time is 350,000 megalitres (hereafter "ML").

(5) Subject to subclause (4), the following volumes of water shall be credited to the Barmah-Millewa Allowance:

(a) 50,000 ML multiplied by the number of megalitres in an available water determination made for regulated river (high security) access licences in the Murray Water Source, minus the volume of the Barmah-Millewa Overdraw released in the preceding water year under subclause (7), whenever the available water determination made for regulated river (high security) access licences at the commencement of each water year is less than 0.97 megalitres per unit share,

(b) 50,000 ML, minus the volume of the Barmah-Millewa Overdraw released in the preceding water year under subclause (7), whenever the available water determination made for regulated river (high security) access licences at the commencement of each water year is equal to or greater than 0.97 megalitres per unit share,

(c) a further volume of 25,000 ML in any water year when the seasonal allocations to Victorian water licence holders reaches 100% of ‘water right’ and 30% of ‘sales’, and

Note: Water right is the high security component of Victorian water licences, sales is a lower security component.

(d) in accordance with subclauses (14) and (15), such volume as is necessary to return to the Barmah-Millewa Allowance any volume that has been taken from it under subclause (12).

(6) Whenever Hume Dam spills, and the volume of water in the Barmah-Millewa Allowance at the time of spill exceeds 100,000 ML, the Barmah-Millewa Allowance shall be debited by a volume equal to the lesser of:

(a) the New South Wales share of the volume of water spilled, and

(b) the volume held in the account at the commencement of the spill minus 100,000 ML.

(7) Releases of Barmah-Millewa Allowance and Barmah-Millewa Overdraw from Hume Dam shall be made according to the rules in subclauses (8) to (11).

(8) If the flow in the Murray River at Yarrawonga has exceeded 500,000 ML in any four week period between 1 September and 31 October during the water year, and the volume in the Barmah-Millewa Allowance equals or exceeds 150,000 ML, then a release shall be made which is the lesser of:

(a) the volume in the Barmah-Millewa Allowance plus the Barmah-Millewa Overdraw, and

(b) the volume necessary to provide a flow in the Murray River at Yarrawonga of 500,000 ML each month until the end of November and 400,000 ML in December, if the flow in the Murray River at Yarrawonga has exceeded 660,000 ML in any four week period between 1 August and 30 November during the preceding 3 water years, and

(c) the volume necessary to provide a flow in the Murray River at Yarrawonga of 660,000 ML each month until the end of December, if the flow in the Murray River at Yarrawonga has not exceeded 660,000 ML in any four week period between 1 August and 30 November during the preceding 3 water years.

(9) If releases have not been triggered under subclause (8), and the flow in the Murray River at Yarrawonga has exceeded 500,000 ML in any four week period between 1 September and 30 November, then a release shall be made which is the lesser of:

(a) the volume in the Barmah-Millewa Allowance plus the Barmah-Millewa Overdraw, and

(b) the volume necessary to provide a flow in the Murray River at Yarrawonga of 400,000 ML in December.

(10) If 4 water years have passed in which, in no water year did the flow in the Murray River at Yarrawonga exceed 500,000 ML in any four week period between 1 September and 30 November and 400,000 ML in December, and in which there has been no release from the Barmah-Millewa Allowance, then releases shall be commenced in October of the current water year and shall be the lesser of:

(a) the volume in the Barmah-Millewa Allowance plus the Barmah-Millewa Overdraw, and

(b) the volume necessary to provide a flow in the Murray River at Yarrawonga of 500,000 ML per month in October and November and 400,000 ML in December.

(11) Releases of the Barmah-Millewa Overdraw shall only occur once the volume remaining in the Barmah-Millewa Allowance has reduced to zero.

(12) Water is to be taken from the Barmah-Millewa Allowance and made available to Murray Water Source regulated river (general security) access licences whenever the total volume of water allocation provided by available water determinations made for Murray Water Source regulated river (general security) access licences during the current water year is less than a volume that is equal to 0.3 megalitres multiplied by the total number of unit shares specified in share components of all Murray Water Source regulated river (general security) access licences.

(13) The volume of water taken from the Barmah-Millewa Allowance under subclause (12) shall be the lesser of:

(a) the volume necessary to permit further available water determinations to Murray Water Source regulated river (general security) access licence accounts such that the total referred to in subclause (12) is equal to 0.3 megalitres multiplied by the total number of unit shares specified in share component of all Murray Water Source regulated river (general security) access licences, and

(b) the volume in the Barmah-Millewa Allowance.

(14) Once the total referred to in subclause (12) has reached a volume that is equal to 0.3 megalitres multiplied by the total number of unit shares specified in share components of all Murray Water Source regulated river (general security) access licences, no further available water determinations are to be made for Murray Water Source regulated river (general security) access licences during the water year until the Barmah-Millewa Allowance has been credited with a volume equivalent to that taken from it under subclause (12).

(15) If sufficient water has not become available to allow credits to the Barmah-Millewa Allowance under subclause (14) that are equivalent to the volume taken from it under subclause (12), then the Barmah-Millewa Allowance is to be credited the difference between the volumes taken and the volumes credited prior to making an available water determination in any succeeding year that would bring the total volume of water allocation provided by available water determinations made for Murray Water Source regulated river (general security) access licences during the water year, to more than the equivalent of 0.3 megalitres multiplied by the total number of unit shares specified in share components of all Murray Water Source regulated river (general security) access licences.

(16) The rules relating to the Barmah-Millewa Allowance and Barmah Millewa Overdraw in subclauses (8) to (15) may be varied under section 45 (1) (b) of the Act as set out in Part 14 of this Plan.

(17) Subclauses (18) to (20) establish planned environmental water rules relating to the management of the Lower Darling Environmental Contingency Allowance (hereafter "the Lower Darling ECA") in the Lower Darling Water Source.

(18) The volume of water credited to the Lower Darling ECA at any time shall be:

(a) zero if the volume stored in Menindee Lakes is below 480,000 ML, or

(b) zero if the volume stored in Menindee Lakes has not risen above 640,000 ML since the volume stored last fell below 480,000 ML, or

(c) 30,000 ML minus any release from the Lower Darling ECA during the current water that has resulted in a loss of total water volume available to New South Wales under the accounting rules applying to inter-state water sharing in the Murray and Lower Darling River.

Note: Water released from the New South Wales Lower Darling ECA may be subsequently re-regulated in the Murray below the Darling junction and again become available to New South Wales.

(19) Releases from the Lower Darling ECA may occur whenever a high blue green algal alert level, as set out in the Sunraysia Regional Algal Contingency Strategy, is announced by the Minister in the Lower Darling Water Source.

(20) The release rate shall be the lesser of:

(a) 2,000 megalitres per day (hereafter "ML/day") in the months of May to October and 5,000 ML/day in the months November to April, and

(b) such lower rate as shall be determined by the Minister to be adequate to control blue green algal levels taking into account other river flows.

(21) Subclauses (22) to (26) establish planned environmental water rules relating to the management of the New South Wales’ Murray Regulated River Water Source Additional Environmental Allowance (hereafter "the Murray AEA").

(22) The maximum credit that may be held in the Murray AEA at any time shall be equal to 0.15 megalitres multiplied by the total number of unit shares specified in the share components of regulated river (high security) access licences.

(23) Subject to clause (22), the Murray AEA shall be credited with a volume equivalent to 0.03 megalitres multiplied by the total number of unit shares specified in the share components of Murray Water Source regulated river (high security) access licences at the end of any water year when the sum of available water determinations to Murray Water Source regulated river (high security) access licences for the water year has not exceeded 0.97 megalitres per unit share.

(24) Releases from the Murray AEA may be made for any purpose consistent with objectives (a) to (i) in clause 10 of this Plan.

(25) The volume debited to the Murray AEA shall only be the volume of release in excess of that being made for all other purposes.

(26) All volume credited to the Murray AEA shall be forfeited whenever Hume Dam water storage fills or water is pre-released from Hume Dam for flood management purposes.