New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE NEW SOUTH WALES MURRAY AND LOWER DARLING REGULATED RIVERS WATER SOURCES 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 the Murray Water Source in any water year until the sum of available water determinations for regulated river (high security) licences in the water source, for the water year, is at least 0.97 megalitres per unit share.

(2) An available water determination is not to be made for regulated river (general security) access licences in the Lower Darling Water Source in any water year until the sum of available water determinations for regulated river (high security) licences in the water source, for the water year, is 1 megalitre per unit share.

(3) An available water determinations for regulated river (general security) access licences in each water source shall be made for the commencement of each water if water can be provided to them.

(4) If the available water determination for regulated river (general security) access licences in the Murray Water Source resulting from subclause (2) is less than the percentage specified in subclause (6), then further assessments of available water shall be carried out at least monthly and available water determinations made if water allocation can be provided.

(5) If the allocation to regulated river (general security) access licences in the Lower Darling Regulated River Water Source resulting from subclause (2) is less than the water allocation percentage specified in subclause (7), then further assessments of available water shall be carried out at least monthly and available water determinations made if water allocation can be provided.

(6) The sum of available water determinations made for regulated river (general security) access licences in the Murray Water Source in any water year shall not exceed 1.1 megalitre per unit share or such lower amount as results from the operation of clause 33.

(7) The sum of allocations to regulated river (general security) access licences in the Lower Darling Regulated River Water Source in any water year shall not exceed 1 megalitre per unit share or such lower amount as results from the operation of clause 33.

(8) Before water available to New South Wales from water storages in the Lower Darling Water Source may be considered in assessments of available water in the Murray Water Source, the sum of allocations made for regulated river (general security) access licences in the Lower Darling Regulated River Water Source in that water year must be that specified in subclause (7).

(9) Available water determinations made under this clause in each water source must take into account any relevant operational requirements identified in this Plan and:

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

(b) requirements for domestic and stock rights in the water source,

(c) requirements for native title rights in the water source,

(d) requirements for domestic and stock access licences in the water source,

(e) requirements for local water utility access licences in the water source,

(f) requirements for regulated river (high security) access licences in the water source,

(g) requirements of regulated river (conveyance) access licences in the water source,

(h) allocations remaining in water accounts of access licences in the water source from previous available water determinations,

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

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

(k) any other relevant matters.

(10) Whenever the sum of available water determinations for regulated river (general security) access licences in either of these water sources in a water year is less than or equal to 0.6 megalitres per unit share, available water determinations for regulated river (general security) access licences in that water source shall also indicate that:

(a) water may be taken without debit to regulated river (general security) access licence water allocation accounts whenever the taking of water under supplementary water access licences is permitted, and

(b) the total volume of water that shall be assessed as taken without debit to the access licence water allocation account under subclause (10) (a) during the water year is limited to 1 megalitre multiplied by the number of unit shares minus the sum of the volume of water allocation that was carried over in the access licence water allocation account from the previous water year and the volume of water allocations resulting from available water determinations during the current year.