environmental performance committee 12 march 2014
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Environmental Performance Committee
12 March 2014
Apologies
Confirmation of Agenda
THAT the agenda of the Environmental Performance Committee of 12 March 2014 as circulated be confirmed as the business for the meeting.
Disclosures of Interest
Resolution to Exclude the Public Recommended that in accordance with the
provisions of Standing Orders NZS 9202:2003 Incorporating Amendment No 1, Appendix A&B (p40/42) and Section 48 of the Local Government Official Information and Meetings Act 1987, the public be excluded from the following part/s of the meeting.
Consent, Incident Response and Enforcement Statistics
Recommendation
That the report “Consent, Incident Response and Enforcement Statistics” (Doc # 2964693 dated 24 February 2014) be received for information.
Background to Water Allocation in the Waikato Region
Edmund Brown
Issues pre V6
50% of NZ’s peak electricity produced in Waikato – direct line to Auckland. Conflict between demand for irrigation and hydro and little guidance for decision makers
Auckland's future water source. Some town supplies have been at risk of losing their allocation on the first in first served basis
Importance for dairying and horticulture Many of the shed wash and stock water takes have not been
properly managed and consented where necessary
Issues pre V6 con’t
Many catchments reaching allocation limits but little guidance on how consents should be processed
No water shortage provisions
Limited criteria on water use efficiency
No ability to prioritise applications for the same resource
Poor understanding of water use due to limited recording of meter readings
No accounting of net-take
No government guidance, NPS, NES etc
V6 development process
Discussion document to the public 2004
V6 Notified 20 October 2006
Council Hearings Committee Decision released November 2008 – In use since this time
37 appeals to Environment Court 9 weeks hearing time - February to August 2011 Environment Court’s decision released 30 Nov 2011
No High Court appeals – Operative 10 April 2012
National Guidance
NPS – Freshwater Management Safeguard life supporting capacity Avoid & phase out over allocation Improve & maximise efficiency of allocation & use of water
NZ Energy Strategy 90% NZ’s electricity generated from renewable sources by
2025
NPS – Renewable Electricity Generation
National Guidance cont’d
Vision and Strategy for the Waikato River Establishes co-management of Waikato River (whole catchment) Addresses health and wellbeing of river Primary direction setting document for the River and its catchment Unique to this Region (at this stage)
Water measuring and reporting regulations
Hauraki Gulf Marine Park Act Applies to Waihou, Piako and Coromandel Catchments
V6 Objectives - Operative
Giving effect to the Vision and Strategy to restore and protect the health and wellbeing of the Waikato River
Availability of water for reasonably justified domestic or municipal supply
The efficient allocation and use of water
Protection of water used for the generation of electricity from renewable energy resources
Protection of Huntly Power Station
Importance of existing takes to social and economic wellbeing
V6 Objectives cont’d
Sufficient water is retained to safeguard the life supporting capacity of the water bodies
Allocation decisions need to avoid further degradation of water quality
Sets allocation limits and minimum flows
Protects aquatic life while providing for human use
Some protection of existing users, e.g. electricity generation, agriculture, domestic, industrial takes
Provides for transfer of water permits
Rules for the use of water – including efficiency
Surface Water Allocation Limits
limits set for every catchment in one table in V6 Primary allocable flow – high reliability Secondary allocable flow – lower reliability
Default allocations applied where no specifically assessed primary allocable flow set
• Allows allocation without investigating in stream needs• Range of statistics used by different councils – WRC uses Q5
Information on flows available on Council’s website
Level of cumulative allocation triggers different consent status
SW allocation regime
Amount of the Primary Allocable Flow allocated
Agriculture, 81468 m3/d, 17%
Domestic & Municipal Water Supply, 72172 m3/d, 16%
Horticulture/market gardening, 106753 m3/d, 23%
Recreation, 7585 m3/d, 2%
Other, 398 m3/d, 0%
Industry, 196577 m3/d, 42%
Ground water, 464,950 m3/d
Agriculture, 648250 m3/d, 37%
Domestic & Municipal Water Supply, 589055 m3/d, 34%
Horticulture/market gardening, 100670 m3/d, 6%
Recreation, 143285 m3/d, 1%
Other, 18455 m3/d, 1%
Industry, 369060 m3/d, 21%
Surface water, 1,739,800 m3/d
Freshwater Use In The Waikato
Changing with time
Irrigation demand
Minimum Flow% Q5
Primary Allocable flow 0-30% Q5
Secondary Allocable flow
0-30% Q5
Water harvesting when flow
exceeds median flow
Council process for setting minimum and allocable flows
Policy 1: Establish Allocable and Minimum flows for Surface Water
Policy 2: Determining the Level of Minimum Flows, Primary, Secondary and Water Harvesting AllocableFlows
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low
Com
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30%
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Q5
Determination of activity status for consents -
dependent on allocation level
Policy 7: How surface takes will be Classified in catchments above Table 3-5 limits
Policy 8: How surface takes will be Classified in catchments within Table 3-5 limits
Policy 9: How Surface Water Takes will be Classified – Takes for Domestic and Municipal
Policy 20: SurfaceWater Harvesting
Consent Application Assessment
Criteria
Policy 11: Consent Application Assessment Criteria – Surface water
Policy 13 : Non-complying Activities within the Waikato River Catchment above Huntly and Karapiro.
Policy 14: Non-complying Activities outside Waikato River Catchment and below Huntly with the Waikato River Catchment
Condition for consents
Policy 15: Consent Duration for the Taking of Water Policy 16: Water Take Recording and Reporting
Policy 17: Water Shortage Conditions
Policy 18: Levels of Priority to Apply During Water Shortages
Policy 21: Shared Use and Management of Water
Policy 3: Determining the Combined Level of Surface Water
Allocation Within a Catchment
Management Tools: Surface Water Take
Council Process Consent Process
Policy 19: Phasing out Exceedences of the Table 3-5 Allocable Flows
Limits as listed in Table 3-5
Council process for settingManagement Level and
Sustainable Yields
Policy 4: Establish Sustainable Yields from Groundwater
Policy 5: Determining Sustainable Yields
Determination of activity status for consents - dependent on
allocation level
Policy 10: How Groundwater Takes will be Classified
Consent Application Assessment Criteria
Policy 12: Consent Application Assessment Criteria – Groundwater
Condition for consents
Policy 15: Consent Duration for the Taking of Water Policy 16: Water Take Recording and Reporting
Policy 17: Water Shortage Conditions
Policy 18: Levels of Priority to Apply During Water Shortages
Policy 21: Shared Use and Management of Water
Management Tools: Groundwater Take
Council Process Consent Process
Implementation Ensure only the water needed is allocated – irrigation
demand guidelines / metering
Develop water shortage restriction mechanisms – review of hydrology network
Assess Council’s role in managing transfers
Set and review flow limits for surface waters
Set initial sustainable yields for aquifers
Tools: Water Allocation Calculator
Tools: Being within limits by 2030
Jane McMullan
Tools: Monitoring water use(Pressure Analysis)
Summary: Operative since April 2012 but much of it in use
since 2006. Very detailed and is leading water allocation in NZ Two broad strings to Variation 6:
Managing the physical needs of the environment e.g. Managing impacts on fish and water quality from allocation decisions
Enabling and managing the allocation of water
Main council projects linked to water allocation: Water Allocation Plan Implementation – D1003
Pressure Analysis project – S1003
Recommendation
That the report “Background to water allocation in the Waikato Region” (Doc # 2151161 dated 25 February 2014) be received for information.
Update on Consents and Monitoring Activity under Variation 6
Variation 6
V6 has provided substantive policy guidance and rule framework for water take and use consent processes since 2006• Oct 2006 Notified version• Oct 2008 Hearings committee report version• Aug 2011 End of Environment Court Hearings
version• Nov 2011 Version incorporating Environment
Court decision• March 2012 Adoption, is now Chap 3.3 Water
Allocation and Chap 3.4 Efficient Use of the WRP
Summary of current allocation
>1300 consented water takes across region (February 2014)
≈ 570 surface water ≈ 1.64 million m³/day ≈ 761 groundwater ≈ 472,000 m³/day
These consents contain terms and conditions derived from pre-V6 era through all its versions
Increasing complexity over that time
Many consents based on former more generous allocation regime, no allied use consent or conditions relating to efficient use
Consent process activity
149 take applications received 2010/2011
213 take applications received 2011/March 2012
> 1450 applications February 2014
(Majority of these for dairy shed use, but still a very significant number for extensive range of other end uses)
Some influences of Variation 6 on consent process Surface water allocation supported by allocation calculator updated
from consents database, can incorporate permitted and s14(3)(b) takes
Systematically used for every application Existing allocation plus application quantum determines consent
activity status (i.e. Controlled, Restricted, Discretionary or Non-Complying)
Allocation determined at point of take, and all downstream catchment locations
Most onerous activity throughout catchment applies Can only be determined at processing, as allocation is dynamic
(expiries, new consents both surface and groundwater, other authorised uses)
Allocation varies, greater summer than winter demand
Influences of Variation 6 on consent process (continued) Water shortage conditions apply to all surface
water take consents, may require reduction or cessation of take, or both
Interconnectivity of surface and groundwater requires close consideration (and application of the separate assessment and management criteria of both if applicable)
Some parts of region require use consent (monthly and annual water balance). Permitted activity elsewhere
Influences of Variation 6 on consent process (continued) RMA ‘adverse effect’ codified; adverse
environmental effect >minor if allocable flow exceeded/minimum flow impinged (irrespective of quantum/rate sought)
Requires definition for notification purposes within 5 working days; a complete process/work flow required, involving different council functions and roles
Some influences of Variation 6 on monitoring
Conditions now more complex, costly, extensive for consent holder and Council:
• Continuous recording of take rate and volume• Electronic facility or requirement for recording and reporting• Continuous monitoring and measurement of source water at
point of take (or water level monitoring for groundwater takes)• Daily reporting, including days when no water taken• Measuring system/device independently calibrated, minimum 5-
yearly interval• Cease take, or take throttling, provisions, may include both of
these (water shortage conditions, may be based on >1 flow site)• Telemetry, web access, links to Council’s hydrological
facilities, >120 sites now on telemetry
Allocation status Some catchments over allocated e.g. Piako, Pukekohe
streams
Primary allocation gone in some catchments e.g. Waihou
All allocation gone in parts of some catchments e.g. Upstream of Huka Falls
Waikato catchment upstream of Karapiro is over subscribed i.e. demand from existing consents plus new applications, if granted, would exceed the allocable flow; this situation has existed since 2006, bar a few days in Dec 2011 when Environment Court Decision increased primary allocable flow of the Waikato upstream of Karapiro from 3.6% Q5 (5.328m³/s) to 5% (7.4m³/s)
Resource priority Where demand exceeds supply of a finite resource,
applications require to be processed in order of receipt i.e. first in-first served. This has been the case upstream of Karapiro since 2006
Each application therefore requires separate and sequential processing to completion
Indefinite time for each process, as each subject to objections and appeals provisions (in addition to other processing events)
History of s357 RMA and Environment Court appeals suggests there may likely be more of same
Watercare application
Watercare Services Ltd application lodged December 2013, 200,000m³/day (150,000 existing)
Total 350,000 = 4.05 m³/s
Allocable flow = 18.81 m³/s
Preceding applications if granted plus WSL if granted would exceed allocable flows of the full catchment (10% Q5, or 18.81 m³/s)
Watercare application (continued)
Domestic and municipal supply do not get priority in queue but do have more favourable Discretionary activity status if have complying water Demand Management Plan
First in first served queue extends to whole Waikato Catchment (as for Piako, Pukekohe Streams and u/s Karapiro)
Implications of over allocation Non-Complying activity status for most activities, domestic and
stock drinking water require resource consent
Enhanced demand for transfer consents
Phase out by 2030 under NPSFW and Regional Plan
Via ‘passive’ means e.g. encourage harvest, voluntary reduction, catchment groups
Via regulatory means e.g. condition review, rostering, decline application
Review allocable flows via Plan Change (Sched 1 process)
Annual growth in land area consented* for irrigation in the Waikato Region
Recommendation
That the report “An update on consents and monitoring activity under Variation 6” (Doc # 2976064 dated 17 February 2014) be received for information.
Update on Farm Dairy Water Consenting under Variation 6
Background Variation 6 process identified few existing dairy
farmers held consent or aware of requirements
EC decision included rules to “grandparent” dairy shed water takes existing prior to October 2008
Two specific and preferential rules require: Application before 1 January 2015 for many Volume of water taken prior to October 2008 (cow
numbers surrogate) Exclusion of stock and riparian enhancement Leak detection mechanisms
Background
“Grandparenting” rules do not relate to: Increased water needs from herd increase after
15 October 2008 New Conversions water needs after 15 October
2008 Future increased water needs Other water use on farm (feedpad, irrigation etc)
These takes governed by same rules for all other water users
Background Approx 2600 farms estimated to require
consent
Close liaison with Dairy Sector Partners
Dairy shed water take project set up to: Raise awareness of need for consent Promote and manage receipt of applications Process applications within Statutory Requirements Develop Compliance Monitoring Strategy
Catchment Group Processing
Promote staggered receipt of processing in catchment groups
Efficient processing, therefore reducing cost
Seven catchments in total
Catchment closing dates have passed for five
Upper Waikato and Piako catchments close this year
Summary of ApplicationsCatchment Est. # dairy
farms# applications
at 14 Feb% applications
at 14 Feb
Waihou 400 268 67%Lower Waikato &
West Coast525 331 63%
Coromandel 30 24 80%Upper Waipa &
King Country180 143 79%
Lower Waipa & Raglan
435 300 69%
Upper Waikato 515 194 38%Piako &
Waitakaruru480 138 29%
Total 2565 1398 55%
Processing of Consents ~200 groundwater consents in Waihou Catchment
Cost $829.50 + GST Consent valid for 15 years Under estimated $1000 and significantly less than $1500 - $3000 historically
case for similar applications
Anticipate future catchment group processing costs similar
Other catchment groups being processed Expected to have completed more groups by this time Intent of rules simple, complexity in implementation Significant time spent interacting with farmers This year expect to complete processing significant number
A number of individual applications received
Future Catchments Upper Waikato Catchment closing date 31 March
2014 Council run drop in days in Reporoa, Putaruru, Atiamuri Letter sent to all landowners in catchment
Piako & Waitakaruru Catchment closing date 31 July 2014
Will run drop in days in Piako Catchment A letter will inform landowners
Reminder communications to all catchments From July 2014
Industry relationships Dairy sector active in raising awareness
Running own strategies Discussing with or involving Council staff Ensuring consistent messaging
Important link with conversion/increased farmers
Remains a key component in implementing these rules
Collaborative approach very successful
Forum for strengthening relationships
Summary ~2600 dairy farms require consent
Grandparenting rules in V6 for dairy shed water Does not include post 2008 increase or conversions
Applications to be made before 1 January 2015
Catchment group process resulting in significant cost saving
Ongoing collaboration with dairy sector partners remains key to ensuring a high rate of applications prior to 1 January 2015
Recommendation
That the report “An update on farm dairy water consenting under Variation 6” (Doc # 2974421 dated 24 February 2014) be received for information.
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