New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE UPPER NAMOI AND LOWER NAMOI REGULATED RIVER WATER SOURCES 2003 - REG 38

38 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 either water source in any water year until the sum of available water determinations for regulated river (high security) access licences in both water sources for the water year is equivalent to 1 megalitre per unit share.

(2) Providing subclause (1) has been satisfied, an available water determination shall be made for the commencement of each water year and, as required during the course of each water year to, ensure that the sum of available water determinations to regulated river (general security) access licences in the Upper Namoi Regulated River Water source during the water year are equal to:

(a) 0 megalitres per unit share, if the volume of water held in Split Rock Dam water storage has not been 5% or more of its full supply volume at any time during the water year, or

(b) 0.5 megalitres per unit share, if the volume of water held in Split Rock Dam water storage has been 5% or more of its full supply volume at any time during the water year but not 8% or more of its full supply volume, or

(c) 0.6 megalitres per unit share, if the volume of water held in Split Rock Dam water storage has been 8% or more of its full supply volume at any time during the water year but not 10% or more of its full supply volume, or

(d) the maximum amount permissible under subclause (7) if the volume of water held in Split Rock Dam water storage has been 10% or more of its full supply volume at any time during the water year.

(3) The Minister may, under section 45 (1) (b) of the Act, vary the storage volumes specified in subclause (2) if:

(a) an increase in the requirements for water under regulated river (high security) access licences or other higher priority access licences in these water sources, or

(b) an increase in the requirements for water for extraction under regulated river (general security) access licences in the Upper Namoi Regulated River Water Source,

reduces the long-term reliability of water allocations that can be made for regulated river (general security) access licences in the Upper Namoi Regulated River Water Source below that existing at the commencement of this Plan.

(4) Variations under subclause (3) shall be to the extent necessary to reinstate the long-term reliability of water allocations to regulated river (general security) access licences in the Upper Namoi Regulated River Water Source to that existing at the commencement of this Plan.

(5) The Minister may, under section 45 (1) (b) of the Act, vary the storage capacity volumes specified in subclause (2) if the issue of new regulated river (general security) access licences in the Upper Namoi Regulated River Water Source mean that the allocations provided by the available water determinations required under subclause (2) could not be supplied at the storage capacity volumes specified in the subclause.

(6) Variations under subclause (5) shall be to the extent necessary to permit the supply of the allocations provided by the required available water determinations.

(7) The sum of available water determinations made for regulated river (general security) access licences in the Upper Namoi Regulated River Water Source shall not exceed 1 megalitre per unit share, or such lower amount as results from clause 32.

(8) Whenever the sum of available water determinations made for regulated river (general security) access licences in the Upper Namoi Regulated River Water Source is equivalent to or less than 0.6 megalitres per unit share then:

(a) uncontrolled flows may be extracted without debit to regulated river (general security) access licence accounts, subject to the rules specified in subclauses (b) and (c), and to authorisation by the Minister and the terms of that authorisation,

(b) the total amount of water that may be extracted without debit to the access licence water allocation account in any water year is limited to a volume which is equal to the lesser of:

(i) the difference between the sum of allocations to the regulated river (general security) access licence and the number of unit shares specified in the share component multiplied by 1 megalitre, or

(ii) the number of unit shares specified in the share component multiplied by 0.5 megalitres,

(c) if the total amount of water extracted exceeds the limits specified in subclause (b) then a volume equivalent to the exceedance shall be withdrawn from the regulated river (general security) access licence account, and

(d) available water determinations shall refer to the provisions specified in subclauses (a), (b) and (c).

(9) Providing subclause (1) has been satisfied, assessments of available water shall be made at least monthly, and available water determinations made for regulated (general security) access licences in the Lower Namoi Regulated River Water Source, if additional water can be provided to them.

(10) Available water determinations under subclause (9) shall be based on the volume of water available after making provision for:

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

(b) requirements for domestic and stock rights,

(c) requirements for native title rights,

(d) requirements for domestic and stock access licences,

(e) requirements for local water utility access licences,

(f) requirements for regulated river (high security) access licences,

(g) allocations remaining in access licence water allocation accounts from previous available water determinations,

(h) water losses associated with holding and delivery of water to meet the requirements identified in sub-clauses (a) to (g),

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

(j) any other relevant matters.

(11) Available water determinations under subclause (9) shall take into account any water in Split Rock Dam water storage exceeding that needed to provided for available water determinations in the Upper Namoi Regulated River Water Source in any water year when an available water determination in excess of 0 megalitres per unit share has been made for regulated river (general security) access licences in that water source.