New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE PHILLIPS CREEK, MOOKI RIVER, QUIRINDI CREEK AND WARRAH CREEK WATER SOURCES 2003 - REG 21

21 Planned environmental water

(1) Environmental health water is identified and established as follows:

(a) For the Phillips Creek Water Source:

(i) In very low flows, the flow occurring in this water source minus 1 ML/day, minus the very low flow access permitted under clause 61A of this plan.

Note: 1 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights.

(ii) In C class flows, the flow occurring minus 6 ML/day.

Note: 6 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit plus basic landholder rights for this water source.

(iii) In D class flows, the flow occurring minus 22 ML/day.

Note: 22 ML/day is the amount of water estimated at the commencement of the Plan for D class total daily extraction limit plus basic landholder rights for this water source.

(b) For the Mooki River Water Source:

(i) In very low flows, the flow occurring in this water source minus 1.1 ML/day, minus the very low flow access permitted under clause 61A of this plan.

Note: 1.1 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights.

(ii) In C class flows, the flow occurring minus 801.1 ML/day in the first 6 years of this Plan.

(iii) In C class flows, the flow occurring minus 601.1 ML/day in the last 4 years of this Plan.

Note: 801.1 ML/day and 601.1 ML/day in subclauses (b) (ii) and (iii) respectively are the amounts of water estimated for C class total daily extraction limit plus basic landholder rights for this water source at the commencement of the Plan and after year 6 respectively.

(iv) In D class flows, the flow occurring minus 1,501.1 ML/day.

Note: 1,501.1 ML/day is the amount of water estimated at the commencement of the Plan D class total daily extraction limit plus basic landholder rights for this water source.

(v) In E class flows, the flow occurring minus 2,101.1 ML/day.

Note: 2,101.1 ML/day is the amount of water estimated at the commencement of the Plan for E class total daily extraction limit plus basic landholder rights for this water source.

(c) For the Quirindi Creek Water Source:

(i) In very low flows, the flow occurring in this water source minus 0.7 ML/day, minus the very low flow access permitted under clause 61A of this plan.

Note: 0.7 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights.

(ii) In C class flows, the flow occurring minus 9.7 ML/day.

Note: 9.7 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit plus basic landholder rights for this water source.

(iii) In D class flows, the flow occurring minus 70.7 ML/day.

Note: 70.7 ML/day is the amount of water estimated at the commencement of the Plan for D class total daily extraction limit plus basic landholder rights for this water source.

(d) For the Warrah Creek Water Source:

(i) In very low flows, the flow occurring in this water source minus 1.9 ML/day, minus the very low flow access permitted under clause 61A of this plan.

Note: 1.9 ML/day is the amount of water estimated at the commencement of this Plan for basic landholder rights.

(ii) In C class flows, the flow occurring minus 6.9 ML/day.

Note: 6.9 ML/day is the amount of water estimated at the commencement of the Plan for C class total daily extraction limit plus basic landholder rights for this water source.

(iii) In D class flows, the flow occurring minus 14.4 ML/day.

Note: 14.4 ML/day is the amount of water estimated at the commencement of the Plan for D class total daily extraction limit plus basic landholder rights for this water source.

(2) Environmental health water is maintained as follows:

(a) In very low flows:

(i) the holders of access licences, excluding access licences listed in Schedule 6, are not permitted any access,

(ii) access licence holders listed on Schedule 6 may have limited access to very low flows in accordance with clause 61A,

(iii) persons exercising native title and domestic and stock rights may take a combined total of up to 1 ML/day in Phillips Creek Water Source, 1.1 ML/day in Mooki River Water Source, 0.7 ML/day in Quirindi Creek Water Source and 1.9 ML/day in the Warrah Creek Water Source.

Note: The Minister may issue an Order under section 328 of the Act to restrict the exercise of domestic and stock rights from this water source to protect the environment for reasons of public health, or to preserve basic landholder rights.

(b) In C class flows:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 1 ML/day in the Phillips Creek Water Source, 1.1 ML/day in the Mooki River Water Source, 0.7 ML/day in the Quirindi Creek Water Source and 1.9 ML/day in the Warrah Creek Water Source, the access to water for access licences in this flow class will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(c) In D class flows:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 1 ML/day in the Phillips Creek Water Source, 1.1 ML/day in the Mooki River Water Source, 0.7 ML/day in the Quirindi Creek Water Source and 1.9 ML/day in the Warrah Creek Water Source, the access to water for access licences in this flow class will be reduced in accordance with clause 50 to maintain the environmental water in this flow class.

(d) In E class flows in the Mooki River Water Source:

(i) the holders of access licences have restricted access to water as specified in clause 45,

(ii) persons exercising domestic and stock and native title rights may take water, and

(iii) if the water taken under domestic and stock and native title rights is assessed to be exceeding 1.1 ML/day, the access to water for access licences in this flow class will be reduced in accordance with clause 50 if this is necessary to maintain the environmental water in this flow class.

(e) In all flow classes, limits are imposed on the availability of water in accordance with clauses 35 and 37, that protect a proportion of natural river flows for fundamental ecological needs from increases in long-term water extraction.

Note: These rules protect the water for the environment by limiting both the extraction of water on a long term basis, and the rate of extraction of water in different flow ranges, thereby achieving the objectives of this Plan.

Note: This Plan recognises that the planned environmental water provisions provide non-extractive benefits, including traditional Aboriginal spiritual, social and cultural benefits, and improved water quality.

Note: Groundwater extraction may affect surface water flows, and this interaction should be addressed in the water sharing plans for groundwater, and as part of the reviews at year 5 of this Plan and any relevant groundwater sharing plans in the area.