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Regulated river water sharing plan audit report cards

Prepared for the period between 1 July 2004 and 30 June 2009

Publisher: NSW Department of Primary Industries, Office of Water

Title: Regulated river water sharing plan audit report cards - Prepared for the period between 1 July 2004 and 30 June 2009

First published: April 2013 (Republished May 2013 with minor amendment)

ISBN: 978-1-74256-483-8

More information

www.water.nsw.gov.au

Jobtrack: 11778.B.1

© State of New South Wales through the Department of Trade and Investment, Regional Infrastructure and Services 2012. You may copy, distribute and otherwise freely deal with this publication for any purpose, provided that you attribute the NSW Department of Primary Industries as the owner.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (April 21103). However,

because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency

of the information with the appropriate officer of the Department of Primary Industries or the user’s independent adviser.


Contents Tables .............................................................................................................................................i

Acronyms and abbreviations......................................................................................................... iii

Glossary ........................................................................................................................................ iii

Introduction ....................................................................................................................................1

Part 3 – Environmental water provisions........................................................................................4

Part 4 – Basic landholder rights ...................................................................................................18

Part 7 – Rules for granting access licences .................................................................................19

Part 8 – Limits to the availability of water.....................................................................................20

Part 9 – Rules for managing access licences ..............................................................................24

Part 10 – Access licence dealing rules ........................................................................................29

Part 11 – Mandatory conditions ...................................................................................................34

Part 12 – System operation rules.................................................................................................35

Part 14 – Plan amendments.........................................................................................................40

Tables

Table 1: Regulated river plans which commenced on 1 July 2004 ....................................................... 1

Table 2: Suspension of 1st round regulated river water sharing plans ................................................. 1

Table 3: Water sharing plan sections which do not require report cards .............................................. 2

Table 4: Extraction limit ......................................................................................................................... 4

Table 5: Transparency releases ............................................................................................................ 4

Table 6: Translucency releases............................................................................................................. 6

Table 7: Minimum daily flows ................................................................................................................ 7

Table 8: Environmental water allowances (EWA) ............................................................................... 10

Table 9: Restrictions on extraction during supplementary access events .......................................... 16

Table 10: Adaptive environmental water ............................................................................................. 17

Table 11: Domestic and stock rights ................................................................................................... 18

Table 12: Native title rights .................................................................................................................. 19

Table 13: Applications for specific purpose access licences .............................................................. 19

Table 14: Licence applications ............................................................................................................ 19

Table 15: Compliance with the long-term extraction limit.................................................................... 20

Table 16: Available water determinations ........................................................................................... 22

Table 17: Water allocation account management ............................................................................... 24

Table 18: Carryover provisions............................................................................................................ 25

Table 19: Extraction conditions ........................................................................................................... 27

Table 20: Uncontrolled flows ............................................................................................................... 27

i NSW Office of Water, April 2013


ii NSW Office of Water, April 2013

Table 21: Supplementary water........................................................................................................... 28

Table 22: Minister's dealing principles................................................................................................. 29

Table 23: Constraints within water source .......................................................................................... 30

Table 24: Conversion of access licence category ............................................................................... 31

Table 25: Inter-valley and inter-state dealings .................................................................................... 32

Table 26: Mandatory conditions - licences and works approvals........................................................ 34

Table 27: Replenishment flows ........................................................................................................... 35

Table 28: Minimum flow levels ............................................................................................................ 35

Table 29: Water delivery and channel capacity constraints ................................................................ 36

Table 30: Rates of change to releases from storages......................................................................... 37

Table 31: Bulk transfer rules between storages .................................................................................. 38

Table 32: Supply of orders when remaining allocations are low ......................................................... 38

Table 33: Dam operation during floods and spilling and airspace operation rules ............................. 38

Table 34: Provisional storage volume ................................................................................................. 39

Table 35: Flows in the Lowbidgee Flood Control and Irrigation District (LFCID) ................................ 39

Table 36: Changes to the water source .............................................................................................. 40

Table 37: Amendments to floodplain harvesting ................................................................................. 40

Table 38: Changes to planned environmental water provisions ......................................................... 41

Table 39: Changes to replenishment flow rules .................................................................................. 42

Table 40: Changes to supplementary water........................................................................................ 43

Table 41: Changes to dealing rules..................................................................................................... 44

Table 42: Other changes ..................................................................................................................... 45


Acronyms and abbreviations

ACCC Australian Competition and Consumer Commission

AEW Adaptive Environmental Water

AWD Available water determination

CAAC Compliance Assessment Advisory Committee

DECCW Department of Environment, Climate Change and Water

ECA Environmental Contingency Allowance

EWA Environmental Water Allowance

LFCID Lowbidgee Flood Control and Irrigation District

LTAAEL Long Term Average Annual Extraction Limit

N/A Not applicable

the Department Department of Environment, Climate Change and Water

TWS Town water supply

WQA Water Quality Allowance

WMA Water Management Act 2000 (NSW)

Glossary

Critical water planning process is the decision making process used for water allocation and other water sharing decisions when water sharing plans have been suspended. Decisions are made by the NSW Office of Water on behalf of the Minister for Water, with advice from other State government agencies and organisations and in some instances water user groups. Where possible decisions follow the provisions of the suspended water sharing plans.

Essential water needs are basic human requirements, including town water, stock and domestic, and high security.

Remake water sharing plan refers to the Minister’s decision to roll over the existing plan or make a new one at the end of the first 10 year term

Amend water sharing plan refers to changes made to the plan during it’s 10 year term. These changes may be provided for in the original plan provisions or made by the Minister under s.45(1)(a) of the Act

iii NSW Office of Water, April 2013


Introduction

These report cards are one of three sets of reports (covering regulated rivers, unregulated rivers and coastal aquifers) prepared by the NSW Office of Water for use by the Audit Panel appointed by the Minister for Water under section 44 of the Water Management Act 2000 (WMA). They are intended to inform the Audit Panel’s review of the effectiveness of the implementation of the water sharing plan provisions of the 31 plans covered by the 2010 audit and to assist the Panel in preparing it’s audit report to the Minister. More details on the audit process, membership of the panel, together with the findings and additional measures identified by the Audit Panel which are required to give effect to the current plans, and lessons for future water sharing plans and the Commonwealth Basin Plan (developed under the Water Act 2007), are included in the panel’s report to the Minister.

This set of report cards covers the seven regulated river water sharing plans which commenced on 1 July 2004 (see Table 1 below for a list of plans included in the audit).

Table 1: Regulated river plans which commenced on 1 July 2004

Due to the extreme drought, most of the regulated river water sharing plans have been suspended for part of the 1st five years of their term. Details are provided in Table 2 below. Whilst suspended, decisions about water management were made by the former DWE, in consultation with the former DECC and State Water under a critical water planning process. Although not bound by the rules of the water sharing plan whilst the plans were suspended, water management decisions reflected water sharing plan provisions where ever possible.

Table 2: Suspension of 1st round regulated river water sharing plans

Regulated river water sharing plan

Suspended Status at 30 June 2009

Coastal

Hunter December 2006 Reinstated 5 February 2009

Murray-Darling Basin

Gwydir Not suspended N/A

Namoi Not suspended N/A

Macquarie July 2007 Still suspended

Water sharing plan Abbreviation used in report cards

Coastal

Hunter regulated river Hunter

Murray-Darling Basin

Gwydir regulated river Gwydir

Upper and Lower Namoi regulated rivers Namoi

Macquarie and Cudgegong regulated rivers Macquarie

Lachlan regulated river Lachlan

Murrumbidgee regulated river Murrumbidgee

NSW Murray and Lower Darling regulated rivers Murray

1 NSW Office of Water, April 2013



Regulated river water sharing plan

Suspended Status at 30 June 2009

Lachlan 1 July 2004 Still suspended

Murrumbidgee November 2006 Still suspended

Murray October 2006 Still suspended

Report cards are aligned with the sections in the water sharing plans. There are no report cards for plan sections which do not require action by the NSW Government, licence holders or other parties. Table 3 summarises the parts of the plans which provide context or those which contain only enabling provisions linking the plan to the WMA, and are therefore not covered by the report cards.

Table 3: Water sharing plan sections which do not require report cards

Water sharing plan section Title

Part 1 Introduction

Part 2 Vision, objectives, strategies and performance indicators

Part 5 Bulk access regime

Part 6 Requirements for water under access licences

Part 13 Monitoring and reporting

Each report card contains a summary and an assessment of implementation activities (see below for classification) for the each water sharing plan, and where relevant, additional explanation for the level of implementation achieved from 1 July 2004 to 30 June 2009 as well as additional measures which the Audit Panel considers necessary to improve future implementation.

Assessment of implementation is classified as follows

Always implemented: Always implemented when required, or not required to be implemented as triggers for action have not been reached, but everything is in place should action be required.

Sometimes implemented: Required to be implemented and sometimes implemented

Not implemented: Required to be implemented but never implemented

Not implemented while suspended: Rules modified whilst plan suspended

Not required: Activities not yet scheduled to commence or Minister has not exercised his discretion to act

Reflecting the requirements of the Act and the terms of reference of the Audit Panel, the focus of the report cards is on the implementation of the provisions in the plans. They do not attempt to assess the outcomes or effectiveness of the plan in achieving its objectives.

The preparation of the report cards has required an examination of each individual clause in each plan covered by the audit. Consequently, the level of detail, wording and implementation activities for each plan area documented in the report cards mirrors the variations across plans.



For example there are two actions for environmental contingency allowance (ECA) releases documented in the report cards for the Hunter water sharing plan and seven for the Macquarie water sharing plan, reflecting the greater complexity of the Macquarie Plan for these releases.

Where ever possible, activities which have the same implementation requirements and classification across plans have been grouped together. Many of the report card entries assessed as “always implemented” cover multiple water sharing plans and multiple years whilst many of those classified as “not implemented” cover one plan for only some of the past five years. This means that a simple tally of the number of activities in each colour coded category in the report cards is not useful in gaining an overall picture of the proportion of implementation activities required by the plans have been carried out. Recognising this, a separate quantitative analysis of implementation activities was conducted by the NSW Office of Water staff for use by the Audit Panel. For more details, see the Audit Panel’s report to the Minister.

The focus on implementation of water sharing plan provisions also means that the report cards do not summarise all of the water management activities which the government is involved in. Activities which complement the implementation of the plans or are undertaken to fulfil NSW requirements under the National Water Initiative, State Plan or other drivers are not reported on.

The considerable NSW Government effort and investment in the establishment, monitoring and review of performance indicators of water source condition changes are also not covered by the report cards. These performance indicators will be used to determine the performance of the plan against their objectives at the end of the 10 year term and so would be classified in the report cards as “not required” (activities not yet scheduled to commence). Information on ecological and social and economic performance monitoring is available in the progress reports for the relevant water sources and elsewhere on the NSW Office of water internet site (www.water.nsw.gov.au).


Part 3 – Environmental water provisions

Table 4: Extraction limit

Plan provision and relevant plans

Assessment Explanation of assessment Comment Required Action

All plans All years

Always implemented

See report card for Part 8 – Limits to the availability of water

See report card for Part 8 – Limits to the availability of water.

Table 5: Transparency releases



Murrumbidgee (Blowering Dam) July 2004 - Nov 2006

Not implemented

Releases from Blowering Dam were made at a flat rate of 560 ML/day from July 2004 - November 2006, after which the plan was suspended. This operation differs from to the Plan provisions which contain rules for a variable transparency release up to a maximum 560 ML/day. Therefore, the fixed release rate is higher than that required by the Plan.

The original plan provisions were made with the expectation that real-time data regarding the complicated interaction between Snowy Hydro Limited and State Water Corporation operated bulk water infrastructure would be available. However, the complexity of the scheme means that this information is unlikely to be available prior to the term of the plan. And, therefore, a simple rule was adopted for implementation.

Office of Water to consider modified transparent flow rules for Blowering Dam and an appropriate trigger to move to these rules as part of an amendment to the Murrumbidgee plan or upon the remake of the Murrumbidgee plan to ensure that it addresses inefficiencies and ineffectiveness of the current rule during extremely dry conditions.

Nov 2006 - June 2009

Not implemented while suspended

No transparency releases were made from November 2006 - June 2009 whilst the plan was suspended.

Releases may recommence under the critical water planning process prior to the plan being reinstated, provided there is sufficient water available to support this without compromising essential water needs.

See actions required above.

Murrumbidgee (Burrinjuck Dam) July 2004 - Dec 2005

Not implemented

During the 1st 18 months of the plan, although releases were made from Burrinjuck Dam, there was an under delivery of flows of approximately 26 800 ML due to incorrect interpretation and subsequent application of the Plan rules.

The lack of clarity around interpreting the rules has been rectified and the system will be operated correctly when the Plan is reinstated. It is anticipated that when flows improve and the Plan is reinstated this volume will be credited to the EWA1 reserve to be used for environmental objectives when required.

Office of Water to ensure that State Water operating protocols and account management arrangements accurately reflect the requirements of the Murrumbidgee Plan following any future amendment and/or remake of this plan.






Murrumbidgee Jan 2006 - Nov 2006

Always implemented

Transparency releases from Burrinjuck Dam were made in line with the rules from January 2006 - November 2006, after which the plan was suspended.

Murrumbidgee Nov 2006 - June 2009


From this date, the rules for transparency releases from Burrinjuck Dam were relaxed and releases were only made when there was downstream irrigation demand for water.


Office of Water to consider modified transparent flow rules for Burrinjuck Dam and an appropriate trigger to move to these rules as part of an amendment to the Murrumbidgee plan or upon the remake of the Murrumbidgee plan to ensure that it addresses inefficiencies and ineffectiveness of the current rule during extremely dry conditions.


Table 6: Translucency releases

Note: The Macquarie plan includes translucency rules as a sub-component of the ECA. Compliance with these rules is reported on in the section on the ECA below.



Lachlan All years


The triggers in the plan for translucent releases, namely that inflows to Wyangala Dam must be > 250 000 ML since the start of the calendar year, were only met once (in 2005) during the first 5 years of the plan. These releases were not made as the Plan was suspended.

Office of Water may recommence translucency releases under the critical water planning process prior to the Lachlan plan having its suspension lifted, provided there is sufficient water available to support this without compromising essential water needs.

Office of Water to consider modified translucent flow rules and an appropriate trigger to move to these rules as part of an amendment to the Lachlan plan or upon the remake of the Lachlan plan to ensure that it addresses inefficiencies and ineffectiveness of the current rule during extremely dry conditions.

Lachlan June 2009


The plan provides for the Minister to review the trigger for the rules (ie. total inflows to Wyangala Dam be > 250 000 ML since the start of the water year) by 30 June 2009.

This review was not conducted as the plan was suspended. Given the low flow sequence that has occurred, there was also insufficient new information (since the plan development) to inform such a review.

Office of Water to gather information necessary to support the review of translucency rules in the Lachlan when higher flows occur. If information available, Office of Water to undertake review of transparent flow trigger as part of remaking the Lachlan plan.

Murrumbidgee July 2004 - May 2008

Always implemented

Releases from Burrinjuck Dam were delivered in line with the Plan provisions until June 2008.

Note: There is no requirement in the

Murrumbidgee plan for translucency

releases from Blowering Dam.

Although the plan was suspended in November 2006, the Plan provisions were followed for a further 19 months without modification.

Murrumbidgee June 2008 - June 2009


Releases were not made under the critical water planning process.


Office of Water to consider modified translucency flow rules and an appropriate trigger to move to these rules as part of an amendment to the Murrumbidgee plan or upon the remake of the Murrumbidgee plan to ensure that it addresses inefficiencies and ineffectiveness of the current rule during extremely dry conditions.



Table 7: Minimum daily flows



Hunter 2004-2005 to 2006-2007 2008-2009

Sometimes implemented

Flows were delivered in-line with the Plan provisions and compliance criteria developed by the former DWE and State Water for 4 out of the last 5 years (see below for details of delivery during 2007-2008).

Prior to the plan suspension, State water ensured compliance with the targets by releasing additional water, resulting in targets usually being met by 10 ML/d or more. As a result of concerns from water users, the operating conditions for State Water were amended, such that it now aims to achieve the targets more closely, with a crediting and payback system introduced if flows temporarily failed to meet the targets set in the plan. Since these new compliance targets have been introduced, there have been a number of months when State Water has not been able to achieve the monthly targets, and in these cases, targets were increased in the following months, as part of the payback approach.

Office of Water to consider amendments to minimum daily flow provisions based on recent operational arrangements on the remake of the Hunter plan.

Hunter 2007-2008


Under the critical water planning arrangements, in place whist the Plan was suspended, the end of system targets at Greta were reduced from the 95th percentile seasonal flows to the 98th percentile seasonal flows in 2007-2008. These new targets were met during this period.

Operational compliance criteria continued to apply to the modified targets during this period.

Office of Water to consider modified rules for minimum daily flows which better mimic the natural flow patterns during dry, together with an appropriate trigger to move to these rules, as part of an amendment to the Hunter plan or upon the remake of the Hunter plan

Gwydir All years


Delivery of flows in-line with the Plan provisions was partial in most years from 2004-2005 to 2008-2009 due to the operation difficulties and inefficiencies in delivering low volumes (requiring less than 30 ML) to be delivered to the wetlands), lasting a short period following a long period of very low flows.

Delivery improved in 2008-2009 following Office of Water discussions with State Water and establishment of a Works Approval for State Water operations in the Gwydir in 2008 which clarified operational requirements for the Gwydir, including the delivery of these flows.

Office of Water to consider review of the minimum daily flows rule upon remake of the Gwydir Plan to ensure it considers inefficiencies and ineffectiveness of the rule during extremely dry periods.






Namoi 2004-2005

Not implemented

No flows were delivered in 2004-2005. The decision by the former Department of Natural Resources to put aside these provisions during 2004-2005 was made in light of the lead time for releases to travel from Keepit Dam to Walgett (between 14 and 35 days, depending on conditions) and the requirement that State Water to either modify it’s operations prior to the commencement of the Plan in order to meet the 1 July targets or release flows when the plan commenced despite the likelihood that they would not arrive at target for approximately 6 weeks.

Office of Water to consider the transitional processes required for minimum daily flow rules which involve actions prior to the commencement of a plan upon the remake of the Namoi plan.

Namoi 2005-2006 to 2008-2009


During the next 4 years, flows were required in all years except for 2007-2008 when the triggers in the plan were not met. In all years that flows were required, they were delivered, however there was a delay (ranging between 4 days and 2 weeks) in the initial flows reaching the target site as a result of varying travel times in real time.

Late arrival of flows occurred despite the release of water prior to the June commencement of the Plan provisions. The delay in the arrival of these flows at the target gauge site has been progressively reduced, reflecting better knowledge of the system gained during the drought period informing State Water’s improved ongoing operations during the continuing dry conditions.

Office of Water to undertake continued monitoring of transmission losses and travel times during dry periods to inform optimal operational efficiency for Namoi minimum daily flow provisions.

Macquarie All years

Always implemented

Triggers for the releases from Windamere Dam to the Cudgegong River were met only once in the past 5 years (in 2005-2006). Water was released in accordance with the Plan rules.

This is as anticipated in the Plan development process during periods of low flow.

Macquarie Annually

Not required None of the changes to the initial plan rules for minimum daily flow rules in the Cudgegong have been required nor made, namely:

set a period during which the minimum flow rules apply.

alter the trigger and target minimum daily flows.





Murrumbidgee July 2004 - June 2008

Always implemented

Flows were delivered in line with the Plan rules from the commencement of the Plan, until June 2008.

Flows continued to be delivered in line with Plan provisions after the suspension of the plan in November 2006.

Murrumbidgee 2008-2009


In June 2008, as part of the critical water planning process, introduced in response to the drought, the minimum flow rules were relaxed and flows went as low as 41.5 ML per day for a couple of days before increasing again. During this period, releases were only made when there was downstream irrigation demand for water.

Whilst daily targets were not met, the total volume required over the year was maintained as flow shortfalls were kept track of and delivered when it was efficient to do so. Release patterns set out in the plan may recommence under the critical water planning process prior to the plan being reinstated, provided there is sufficient water available to support this without compromising essential water needs.

Office of Water to consider review of the minimum daily flows rule upon remake of the Murrumbidgee Plan to ensure it considers operational implications of the rule during extremely dry periods.

Murrumbidgee 2008 - 2009


The Plan provides for a change in calculation of end of system flows aimed at reintroducing some natural variability to the flows from 1 July 2008.

These changes will not be introduced until 12 months after the critical water planning process is no longer needed and the plan is therefore reinstated. As this differs from the timeframe provided for in the plan, these changes will be made under section 45(1)(a) of the Act.

Office of Water to change the minimum daily flow target in the Murrumbidgee as a plan amendment following its recommencement.


Table 8: Environmental water allowances (EWA)

Note 1: These allowances are referred to in some plans as an ECA or a Wildlife Allocation (WLA). For simplicity one term has been used in these report cards.

Note 2: The Macquarie plan includes translucency rules as a sub-component of the ECA. Compliance with these rules is reported on in the section on the ECA below.



Hunter Always implemented

State Water ensures there is sufficient water in storage for the EWA according to the Plan rules.

No releases have been required nor made from this EWA over the past 5 years.

Hunter Not implemented

The plan requires that the Minister set procedures for releases from the EWA account. These procedures have not been established.

Draft procedures were prepared during the development of the plan. Dry conditions and the subsequent suspension of the plan meant that review and finalisation of the draft procedures was not a priority.

The Minister to set procedures for releases from the EWA account within 12 months of this audit for the Hunter plan.

Gwydir Always implemented

State Water manages the EWA account according to the Plan rules. Releases have been made from this allowance in all years except for 2005-2006, when the Advisory Committee deemed that it was more prudent to hold the EWA balance in reserve and accordingly didn’t recommend any release.


An annual release program for the use of water from the EWA has been prepared and approved by the former DWE and, since 2007, by DECCW in line with plan requirements.


The Reference Group required by the Plan was established in 2004 and has had an ongoing role in advising on the use of water from the EWA account since this time.






Macquarie All years

Always implemented

The plan establishes 2 sub-allowances for the EWA and sets out rules for how each is to be administered. At all times during this period, account management and release rules for the EWA were complied with. Carry-over arrangements were in place, except for the period noted below.

Macquarie July 2007 - Jan 2008


Access to water carried over from previous years was suspended during this period.

This decision was aimed at ensuring there was sufficient water available to meet essential needs. Full access to water carried over from previous years was reinstated in January 2008.

Office of Water to consider changes to account management rules during dry conditions and triggers to move to these as part of the remake of the Macquarie plan.

Macquarie July 2004 - June 2007

Not implemented

Rules for releases from the sub-allowances were not followed over the past 5 years - account balances for the 2 sub-allowances were combined (this differed from the provisions in the plan which required them to be managed separately).

This approach was aimed at increasing the volume of environmental water available and maximising the delivery efficiency and benefits arising from the use of this water. Release from the EWA accounts were made in 2005-2006 (84 000 ML) and 2007-2008 (21 000 ML).

Office of Water to consider rules which provide for the combined management of the EWA sub-allowances during dry conditions during the remake of the Macquarie plan.



As above As above As above

Macquarie 2004-2005 to 2006-2007


During this period release strategies for the use of the active sub-allowance was prepared for each year on an as needs basis rather than annually prior to each water year (as required by the plan)

Annual release strategies are now prepared as required by the plan (see below)

Office of Water to consider the transitional processes required for management of the EWA which involve actions prior to the commencement of a plan upon the remake of the Macquarie plan.

Macquarie 2007-2008 to 2008-2009

Always implemented

Annual release strategies were prepared for each of these years.





Macquarie All years

Always implemented

The Reference Group required by the Plan was established in 2004 before the 1 October 2004 deadline set in the plan and has had an ongoing role in advising on the use of water from the EWA account for the past 5 years.

Macquarie By July 2009 All years

Not required None of the changes to the EWA rules provided for in the plan have been implemented. Possible changes include:

altering the minimum share of the sub-allowances

altering the proportional share of water debited to each of the sub-allowances

altering the triggers and target flows for the translucent sub-allowance.

As the two EWA sub-allowance balances have been managed in combination (see above), there has been no impetus to change the shares of the sub-allowances or triggers for the translucent sub-allowance.

Lachlan All years


The criteria in the plan for crediting the EWA account were not met in the past 5 years.

In 2005 a total of approximately 25 800 ML water over three tributary flow events in 2004-2005 to Brewster Weir under the critical water planning process provided some benefit the riverine environment. In 2007-2008 tributary flows not diverted to storage under the critical water planning arrangements totalling 7 000 ML similarly provided some environmental benefit When the plan recommences, the EWA will commence with a zero balance.

NOW to consider modified EWA rules during dry conditions and an appropriate trigger to move to these rules as part of an amendment to the Lachlan plan or upon the remake of the Lachlan plan.





Lachlan All years


No water has been credited to the Water Quality Allowance (WQA) account over the past 5 years.

No water has been required nor made available under critical water planning process for water quality purposes. Management of the WQA account may recommence under the critical water planning process prior to the plan being reinstated, provided there is sufficient water available to support this without compromising essential water needs.

Office of Water to consider modified WQA rules during dry conditions and an appropriate trigger to move to these rules as part of an amendment to the Lachlan plan or upon the remake of the Lachlan plan.

Lachlan All years


The plan requires that the Minister set procedures for the volume and timing of releases from these EWA accounts and the WQA. These procedures have not been established.

Procedures were not developed in light of the ongoing drought conditions and the suspension of the plan. Although the plan does not require one, Lachlan Catchment Management Authority (CMA) (supported by DECCW) established the Lachlan Riverine Working Group in 2008-2009 to advise on the use of environmental water in the Lachlan, including the EWAs.

The Minister to set procedures for the volume and timing of releases from the EWA accounts and the WQA prior to the Lachlan plan having its suspension lifted or within 12 months of this audit, whichever is the later. Office of Water to consider including a requirement for an environmental reference group to advise on the management and use of any EWAs during the remake of the Lachlan plan.

Murrumbidgee July 2004 - Nov 2006

Always implemented

The Plan establishes three separate EWAs. From July 2004 until November 2006, when the plan was suspended, the EWA1 and EWA3 accounts were managed in line with the rules in the plan.

uring this time, only one release was ade (from the EWA2 account).

Dm


Not implemented In 2004-2005, there was an under accrual

of 23 000 ML in EWA2 account.

The accounts were corrected in 2005-2006.

Office of Water to ensure that State Water operating protocols and account management arrangements for the EWA accounts accurately reflect the requirements of the Murrumbidgee Plan following any future amendment and/or remake of this plan.







Following the suspension of the plan, 50 000 ML was borrowed from the EWA accounts and made available for consumptive use as part of the available water determinations (AWDs).

The borrowed water will be repaid as conditions improve in line under the critical water planning process.

Note: Repayment of this water has

already commenced and is expected to

be completed by June 2010.

Office of Water to consider modified EWA rules during dry conditions and an appropriate trigger to move to these rules as part of an amendment to the Murrumbidgee plan or upon the remake of the Murrumbidgee plan.



Releases for environmental purposes have been made under the critical water planning process.

A release of 8 800 ML for environmental purposes was made in 2007-2008 under the critical water planning process. In 2008-2009, a total of 27 500 ML (over 3 events) was released to assist the endangered Southern Bell Frog (Litoria raniformis) populations in key “Lowbidgee” wetlands. Water made available for environmental purposes under the critical water planning process is being debited against the EWA2 account whilst the plan is suspended.

See comments above.

Murrumbidgee 2004-2005 to 2008-2009

Always implemented

The plan requires detailed release rules to be developed annually. This has been done even though the plan was suspended.


Always implemented

The Reference Group required by the Plan was established in 2004 and were active until the plan was suspended in 2006.

Only one release was made (from the second allowance, EWA2) prior to the suspension of the Plan. In December 2005, releases totalling 14 000 ML inundated approximately 10 000 ha of wetlands, triggering successful breeding events for water birds and other threatened species.







Limited water available for environmental purposes during this period meant that the Reference Group was not active until 2008-2009 when some members were involved in decisions about environmental water use via the critical water planning process.

See above for details of releases in 2008-2009. DECCW is currently reviewing the membership and operation of the reference group. The group will advise on environmental water use in the valley through an annual watering plan. These annual plans will operate even whilst the plan remains suspended.

Office of Water to ensure that EWA reference groups continue to provide advice on environmental water provided under critical water planning processes in operation whilst the Murrumbidgee plan is suspended.

Murrumbidgee July 2005

Not implemented

The plan requires a review of rules relating to EWAs and the provisional storage volumes with a view to simplifying the rules whilst delivering the same outcomes by 1 July 2005. This review did not occur and the provision has lapsed.

Office of Water to consider reviewing the EWA rules and the provisional storage volumes and developing alternative rules which are simpler whilst delivering the same outcomes and make changes to these rules as part of an amendment to the Murrumbidgee plan or upon the remake of the Murrumbidgee plan.

Murray July 2004 - Oct 2006

Always implemented

From July 2004 until the plan’s suspension in October 2006, State Water managed the accounts for the three EWAs in line with the rules in the plan.

During this time, one release from the Barmah-Millewa Allowance in 2005-2006 of 256 000 ML. No releases were made from the other 2 EWA accounts (in line with the plan rules).


Since the suspension of the plan, water has been borrowed from the EWA accounts and made available for consumptive use as part of the AWDs.

The borrowed water will be repaid when the plan is reinstated.

Murray Oct 2006 - June 2009


During this period, water was made available for environmental purposes under the critical water planning process in 2007-2008 and is being debited against the Barmah-Millewa Allowance account whilst the plan is suspended.

There were no releases in 2008-2009. Management of the Environmental Allowance accounts in accordance with the plan may recommence under the critical water planning process prior to the plan being reinstated, provided there is sufficient water available to support this without compromising essential water needs.

Office of Water to consider modified EWA rules during dry conditions and an appropriate trigger to move to these rules as part of an amendment to the Murrumbidgee plan or upon the remake of the Murray plan.





Murray Any time

Not required No changes to the rules for releases from the Barmah- Millewa Allowance provided for in the plan have been made.

Table 9: Restrictions on extraction during supplementary access events



Hunter July 2004 - Dec 2006 Feb 2009 - June 2009

Always implemented

The limits on the proportion of flows in a river reach and total annual flows which may be extracted during periods of announced supplementary water access were complied with during these periods.

Hunter Jan 2006 - Jan 2009


The limits on the proportion of flows in a river reach and total annual flows which may be extracted during periods of announced supplementary water access and were lowered during this period, whilst the plan was suspended.

Note: These rules do not fit within the WMA

definition of planned environmental water

but are never the less included in Part 3 of

the Plan

Due to limited availability of water, the Plan limit of 50% of flows protected in each reach during each event was lowered to 37% of flows protected and the annual limit of 70% of total flows protected was lowered to 65%. The new limits were met during this period. These limits on extraction were altered to allow all supplementary users access to additional water to offset the severe restrictions on allocations from the dams. Macquarie Generation has subsequently installed pumps of the capacity which were envisaged during the development of the plan. It is not anticipated that such changes to these rules will be required in future.

No further action required.


Table 10: Adaptive environmental water



All plans Always implemented

AEW Use Plans developed by DECCW and approved by Minister for Water in Gwydir, Macquarie, Lachlan, Lake Brewster (in Lachlan) and Murrumbidgee. These plans must be in place before a licence may be nominated as AEW.

Office of Water to continue to provide ongoing support in development of AEW Use Plans for NSW Murray and The Living Murray, with a view to finalising these by the end of 2010.


AEW nominations for licences in all areas where there is an approved AEW plan in place are processed on an ongoing basis.

Two AEW licences have been created by the Minister in the Lachlan (arising from Lake Brewster water savings) and the Murray (replacement of replenishment flows with a pipeline in the Lower Darling water source).

Note: No licences have been

nominated as AEW in the Namoi or

Hunter


Water made available under AEW licences is subject to water availability.

The first AEW use was in the Macquarie in 2007-2008. Releases were also made in 2008-2009 in the Gwydir, Murray and Murrumbidgee under these licences.



Part 4 – Basic landholder rights

Table 11: Domestic and stock rights



All plans Sometimes implemented

Domestic and stock rights are delivered on top of water orders by State Water and are provided for as part of their operating protocols.

All plans except Hunter and Murray


Replenishment flows may be delivered under Plan provisions when required to satisfy domestic and stock needs subject to water availability. In the Murray, a pipeline to meet domestic and stock requirements in the Great Anabranch (the Lower Darling water source) is now operational and replenishment flows are no longer needed.

Note: A licence committed to

environmental purposes arising from these

water savings has been created by the

Minister.

In other valleys, replenishment flows were delivered irregularly when surplus flows were available.



Table 12: Native title rights



All plans Not required Native title rights remain at zero ML/day in all water sources. No implementation activities have been required to date.

Note: No report cards have been prepared for Parts 5 (Bulk access regime) or 6 (Requirements under access licences) of the plans as they do not contain any provisions requiring action by the

government.

Part 7 – Rules for granting access licences

Table 13: Applications for specific purpose access licences




The Water Management (General) Regulation 2004 sets out the specific purpose access licences for which applications can be accepted in line with the plans.

Table 14: Licence applications




Licence applications have been processed according to the embargoes and other considerations set out in the plans.

Changes in licence entitlements over the past 5 years have been very small (see implementation progress reports www.water.nsw.gov.au for details).



Part 8 – Limits to the availability of water

Table 15: Compliance with the long-term extraction limit




The government has assessed long term average annual extraction against the limit annually as required by the plans.

Reports on annual usage against valley cap targets have been made under Schedule E of the Murray-Darling Basin Agreement for all water sources except the Hunter which is outside the Basin. Water extraction in all water sources have remained within Cap limits. An assessment of compliance against the long term average annual extraction limit (LTAAEL) has also been conducted annually. This has shown that all valleys are complying with the limit. In the Gwydir, the results of the assessment for 2008-2009 indicate that a more detailed analysis of compliance with this limit is required. In the Hunter, historical water use has been substantially lower than the limit set by the Plan as not all of the entitlement available under existing licences is fully used. Office of Water monitors this water use on an annual basis to ensure that the Plan limit is adhered to. Since the Plan has been implemented, the maximum regulated system water use has been 157 000 ML in 2005–2006 (against a long term average annual extraction limit of approximately 217 000 ML).

Office of Water to continue ongoing reporting under Schedule E of the Murray-Darling Basin Agreement. Office of Water to undertake more detailed assessment of Gwydir compliance with LTAAEL by March 2011 if the analysis of 2009-2010 water year indicates that this is required. This will involve collection of information on infrastructure and crop areas and modelling of irrigator response to dry conditions and subsequent update of IQQM models. In the Hunter, Office of Water to continue ongoing review of water use with modelling of water use against the Hunter plan limit if a trend of increasing water use is observed.

All plans Not required No adjustment to the maximum AWD limits set in the plan have been needed.







In the Gwydir, a Compliance Assessment Advisory Committee (CAAC) was established in 2004, in line with the timeframes set out in the plan, to advise on actions to ensure that the long term average annual extraction limit in the plan is not exceeded if required.

Triggers set in the plan for the CAAC to provide advice to the Minister have not been met. As assessments of current long term average annual extractions are below the limit set in the plan. The term for this CAAC expired in late 2009.

The Minister to establish a new Compliance Assessment Advisory Committee (CAAC) to advise on strategies to ensure that the long term average annual extraction limit in the plan is not exceeded if more detailed assessment of compliance with the LTAAEL in the Gwydir indicate that this is required (See above for more information on actions required for more detailed assessment of compliance).

Namoi Always implemented

The Minister is required to establish procedures for assessing growth in extraction by Tamworth TWS.

Growth-in-use assessment procedures for Tamworth have been developed as part of the Water Sharing Plan for the Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources 2010, process which will commence on 1 July 2010.

Namoi Not implemented

An annual assessment of growth in extraction by Tamworth TWS is required by the Plan.

Office of Water to undertake assessment of Tamworth TWS extraction to determine if there has been any growth-in-use, by September 2010 and annually there after.

Lachlan and Macquarie

Not required The Minister may establish a Compliance Assessment Advisory Committee (CAAC) to advise on actions to ensure that the long term average annual extraction limit in the plan is not exceeded., if required To date, triggers set in the plan for the establishment of the CAAC and the need for it to provide advice to the Minister have not been met for the Lachlan or Macquarie as assessments of current long term average annual extractions are below the limit set in the plan.

The Minister to establish a CAAC in the Lachlan and/or Macquarie valleys to advise on strategies to ensure that the long term average annual extraction limit in the plan is not exceeded if Office of Water’s assessment of compliance with this limit indicates that this is necessary.


Table 16: Available water determinations



Hunter, Gwydir, Namoi All years Macquarie July 2004 - June 2007 2008-2009 Murrumbidgee July 2004 - July 2007 Murray July 2004 - June 2006 July 2008 - June 2009*

Always implemented

AWDs for all categories of licences were calculated and announced in line with the plan provisions for the nominated periods.

* In the Murray plan between January

2007 and June 2009 AWDs were in

line with plan rules only in the Lower

Darling water source (see below for

details of AWD deviations from the

plan for the NSW Murray water

source).



Between July 2007 - January 2008, AWDs for local water utility and high security licence categories were set at different levels in the Cudgegong and Macquarie Rivers. This approach differed from the provisions in the suspended plan rules. For general security licences, AWDs were set at different levels in the two water sources for the whole year.

AWD announcements made whilst the plan was suspended attempt to balance the water needs of the whole community during periods of critical water shortage.

Office of Water to consider rules for amended AWD announcements which balance the water needs of the whole community during dry times and triggers to move to these rules during the remake of the Macquarie plan.


Always implemented

AWDs for all other categories of licences were made in line with the provisions of the plan.

Lachlan All years


Whilst available water has been distributed according to the priorities set out in the plan, the AWD limits for different licence categories have not been as stipulated in the Plan whilst it has been suspended. For example, general security AWDs have been announced whilst local water utility AWDs were set at 75% of entitlement (the plan requires this to be 100% before general security licences are able to receive allocations).

AWD announcements made whilst the plan was suspended attempt to balance the water needs of the whole community during periods of critical water shortage.

Office of Water to consider changes to the AWD process to better balance the needs of the community during dry conditions and a trigger to move to these rules upon remake of the Lachlan Plan.








In 2007-2008 and 2008-2009 AWDs for local water utilities and domestic and stock licences of less than 100% were announced at the commencement of the water year.

By October or November the 100% AWD required by the plan had been announced for these categories.

Office of Water to consider changes to the AWD process to better balance the needs of the community during dry conditions and a trigger to move to these rules upon remake of the Murrumbidgee Plan.



AWDs for conveyance licences were less than those provided for in the plan.

Lower AWDs for these licences were negotiated with the licence holders under the critical water planning process and were aimed at maximising water available to general and high security licence holders.

See action above.

Murray June 2006 - Dec 2007


AWDs for general and high security licences announced during this period differed from the rules in the suspended plan. AWDs for all other categories of licences were initially less than those required by the plan in 2007-2008 in the NSW Murray and in 2007-2008 in the Lower Darling.

Under the modified arrangements, licence holders were able to apply for survival allocations up to a maximum of 50% of allocation for permanent plantings in the Lower Darling and for immediate water needs, such as intensive livestock, forestry industry, abattoirs, wine processing, and non deciduous tree crops in the NSW Murray. The survival allocations received are required to be repaid by licence holders once the criteria (linked to specified AWDs for different categories of licences) established under this process are met.

Office of Water to consider changes to the AWD process to better balance the needs of the community during dry conditions and a trigger to move to these rules upon remake of the Murray Plan.


A public register of AWDs (required by the Act) was established in 2004.


Part 9 – Rules for managing access licences

Table 17: Water allocation account management




Prior to the commencement of the plan, licences issued under the Water Act 1912 were converted to licences and approvals under the WMA for all water sources


State Water established water accounts for these licences prior to the commencement of the plan.

Hunter, Gwydir, Namoi, Macquarie, Lachlan, All years Murrumbidgee July 2004 - Nov 2006 Murray July 2004 - Oct 2006

Always implemented

Accounts have been managed in line with the plan rules (carryover reported on separately below).

Murrumbidgee Nov 2006 - Aug 2007


Access to account water by general, high security and conveyance licences was suspended during this period.

Changes to account management made under the critical water planning arrangements were aimed at maximising water available for essential supplies. Full access to account water has now been reinstated.

Office of Water to consider changes to account management rules which maximise the water available for critical water supplies during dry times, and triggers to move to these rules during amendment or remake of the Murrumbidgee plan.

Murray Oct 2006 - Feb 2008


Access to account water by general, high security and conveyance licences was suspended in the NSW Murray water source during this period.

Changes to account management made under the critical water planning process were aimed at maximising water available for essential supplies. Full access to account water has now been reinstated.

Office of Water to consider changes to account management rules which maximise the water available for critical water supplies during dry times, and triggers to move to these rules during amendment or remake of the Murray plan.

Murray Oct 2006 - Feb 2008

Always implemented

Accounts were managed in line with Plan provisions during this period in the Lower Darling water source.



Table 18: Carryover provisions



Macquarie 2004-2005 to 2006-2007 Jan - June 2009 Lachlan 2004-2005 - 2005-2006 Murray July 2004 - Oct 2006 Murrumbidgee July 2004 - Nov 2006

Always implemented

Rules relating to the carry over of balances in water allocation accounts from one year to the next were complied with during these periods for these plans.

Macquarie July 2007 - Jan 2008


Whilst the Plan was suspended, limitations were placed on the use of balances in general security water accounts under the critical water planning process.

Between July 2007 and January 2008, general security licence holders were permitted to access only 25% of their carryover allocations in the Cudgegong and none in the Macquarie. Limitations on the use of carryover water were aimed at maximising water available for essential supplies. Full access to carryover was reinstated in January 2008 following an improvement in the available water supplies in the water source

Office of Water to consider changes to account management rules which maximise the water available for critical water supplies during dry times, and triggers to move to these rules during amendment or remake of the Macquarie plan.

Lachlan 2006-2007 to 2007-2008


Whilst the Plan was suspended, limitations were placed on the use of water which had been debited to general security licence holders’ accounts under the critical water planning process.

In 2006–2007, a maximum of 40% of the balance in general security licence holder accounts was able to be used. In 2007–2008, this limit was 20% and in 2008-2009, it was 14%. Limitations on the use of carryover water were aimed at maximising water available for essential supplies.Full access to carryover accounts will be reinstated when water availability improves.

Office of Water to consider changes to carryover and account management rules which maximise the water available for critical water supplies during dry times, and triggers to move to these rules during amendment or remake of the Lachlan plan.






Murrumbidgee June 2007 - June 2009


Whilst the Plan was suspended, limits on carryover of unused water account balances set out in the plan for general, high security and conveyance licence holders were changed to allow unlimited carryover up to a maximum of licensed entitlement during this period.

The plan does not allow any carry over for high security. Under the critical water planning process, carryover water introduced for this category of licence and set at 100% of share entitlement. The plan limit on carry over of 15% was increased to 30% for general security and conveyance licences during 2007-2008. In July 2008 the plan was amended to set this as the maximum carry over rate for these licences for the rest of the plan term. Full access to carryover accounts will be reinstated when water availability improves.

Office of Water to consider changes to carryover and account management rules for high security licences which maximise the water available for critical water supplies during dry times, and triggers to move to these rules during amendment or remake of the Macquarie plan.

Murray Oct 2006 - June 2009


Whilst the Plan was suspended, limits on carryover of unused water account balances set out in the plan for general, high security and conveyance (NSW Murray water source only) licence holders were changed to allow unlimited carry over up to a maximum of licensed entitlement in both the NSW Murray and Lower Darling Water sources.

The plan does not allow any carry over for high security. This was set at 100% under the critical water planning process. The plan limit of 50% carry over for general security and in the NSW Murray, conveyance licences, was increased to 100%. Full access to carryover accounts will be reinstated when water availability improves.

Office of Water to consider changes to carryover and account management rules for general security, high security and conveyance licences which maximise the water available for critical water supplies during dry times, and triggers to move to these rules during amendment or remake of the Murray plan.


Table 19: Extraction conditions




General priority of extraction conditions set out in the plans were complied with at all times over the past 5 years.

All plans Not required All plans provide for the numerical specification of extraction conditions. This may involve the specification of the times, rates, circumstances, location or areas that water may be taken. It may include any combination of this information depending on the required level of extraction management. For example, there may be a need to restrict extraction on a daily basis or over a seasonal part of the water year. Although areas where there are channel capacity constraints have been identified in most plans, which may benefit from extraction components being established none have been established in any water source to date.

Note: In the Namoi plan, this is required as

soon as possible after the commencement

of the plan, however, no deadline is set for

this.

Dry conditions have meant that this has not been a priority as low levels of water delivery have meant that channel capacity constraints have not impacted on licence holder’s ability to receive water when ordered. A state-wide policy for the establishment of numerical extraction conditions has been drafted, but requires further work before it can be finalised.

Office of Water to progress a state-wide policy for the establishment of numerical extraction conditions by December 2010.

Table 20: Uncontrolled flows



Hunter, Namoi, Macquarie, Murrumbidgee

Always implemented

Management of access to uncontrolled flows was in line with the plan provisions in all plans which allow such access in all years since 2004.

Dry conditions have limited the number of times that access to uncontrolled flows has been announced over the past 5 years.



28 NSW Office of Water, May 2013

Table 21: Supplementary water



Gwydir, Namoi Macquarie, , Murrumbidgee, Murray All years

Always implemented

Access to water by supplementary water users (when announced) complied with plan rules during these periods for all plans which allow such access.

Dry conditions have limited the number of times that access has been announced for this category of users over the past 5 years.

Hunter July 2004 - June 2008 Feb 2009 - June 2009

Always implemented

See report card for Part 3 for details

Hunter Dec 2006 - Feb 2009


See report card for Part 3 for details See report card for Part 3 for details.

Namoi, Gwydir Not required The plans require that announcements for supplementary water access in the Lower Namoi and Gwydir water sources take into account the requirements of the Interim Unregulated Flow Management Plan for the North West (covering the Barwon-Darling tributary rivers). It provides for changes to be made to the plan if there is a change to or replacement of this unregulated flow management plan to ensure consistency between the two. To date there have been no changes to rules for supplementary water access provided for in the plan as the Interim Unregulated Flow Management Plan for the North West remains unchanged.

.


Part 10 – Access licence dealing rules

Table 22: Minister's dealing principles



All plans, except Lachlan All years

Always implemented

A number of orders establishing dealing principles have been made over the past 5 years. All dealings have been made in line with these dealing principles.

Note: All plans restate the requirements of

the WMA that dealings comply with dealing

principles

Lachlan All years


In one or two instances, the assignment of stock licence allocations was allowed due to drought conditions. Under normal circumstances, the Minister’s dealing principles prohibit such trades.

Changes were aimed at increasing flexibility in meeting domestic and stock needs during these dry times.

Office of Water to consider changes to the Minister’s dealing principles aimed at increasing flexibility in meeting domestic and stock needs during dry times and triggers to move to these new principles by December 2011.

Lachlan 2006-2007 - 2008-2009


Account water assignments involving the Jemalong Irrigation (conveyance) licence have been allowed during this period. These arrangements differed from the provisions in the suspended plan.

Changes were aimed at increasing water available to the market during these dry times.

Office of Water to consider dealing rules for Jemalong Irrigation (conveyance) which maximise water available to the market during dry times during the amendment or remake of the Lachlan plan.

Lachlan All years

Always implemented

All other dealings have been in line with the Minister’s dealing principles.



Table 23: Constraints within water source



Hunter, Namoi, Gwydir, Macquarie, Lachlan, Murrumbidgee All years Murray July 2004 - Dec 2007

Always implemented

All dealings were undertaken in line with rules for these plans relating to constraints within water sources for the nominated periods.

Hunter Not required Changes to the limit for water allocation assignments to management zone 1 (Hunter regulated river water source upstream of the junction of the Hunter River and Glennies Creek) have not been required nor made

Changes may be made if Minister considers them to be necessary. The date in the plan is a suggested timeframe rather than a set deadline.

The Minister to consider changes to the limits for water allocation assignments to management zone 1 (Hunter regulated river water source upstream of the junction of the Hunter River and Glennies Creek) following:

an assessment of the possible impacts on the environment and

the allocation of water to access licences and

consultation with access licence holders and the Minister for the Environment; and

if there is demand for changes to these limits.

Murray Dec 2007 - June 2009


Account water assignment across the Barmah choke in the NSW Murray was permitted during this period.

Changes to these dealing rules, made whilst the plan was suspended, were aimed at widening the water market as much as possible and giving licence holders greater flexibility in dealing with extremely limited water allocations. Normal dealing rules will be adopted when water availability in the Murray water source improves.

Office of Water to consider dealing rules which maximise water available to the market in dry times during the amendment or remake of the Murray plan.



Table 24: Conversion of access licence category



Gwydir, Namoi , Macquarie, Lachlan All years

Not required Although conversions between licence categories are permitted, no conversion factors have been established by the Minister in these water sources.

The Australian Competition and Consumer Commission (ACCC), in their position paper on Water Trading Rules (released September 2009) recommended that conversion factors not be established.

Office of Water to consider the new information gained during the current drought and the recently announced ACCC’s position to determine, what (if any) conversion factors should be established by December 2011.

Hunter, Murrumbidgee, Murray July 2006 - July 2008

Always implemented

Conversion factors were established and applied during this period in each of these plans as follows:

0.33 shares of high security for each share of general security in the Hunter

0.6 shares in the Murray 0.55 shares Murrumbidgee.

During this period, details of the number of general security licences converted to high security is as follows:

Hunter: No applications for conversion were received.

Murray: 754 unit shares Murrumbidgee: 142,240 unit

shares.

Hunter, Murrumbidgee, Murray July 2008 - June 2009


Conversion of general security entitlement to high security entitlement, allowed by the plan was suspended during this period.

Note: The Hunter regulated river Plan

recommenced in February 2009

The dry conditions and difficulty in generating sufficient reserves in storage for the new high security licences was impacting on other general and high security licence holders.

See above.



Table 25: Inter-valley and inter-state dealings



Macquarie July 2004 - June 2006 2008-2009 Murray, Namoi All years (see note 2) Murrumbidgee July 2004 - June 2006

Always implemented

Dealings were made in line with plan rules for inter-valley and inter-state dealings in these plans for the nominated period.

Note 1: Inter-state dealings are only

allowed in the Murray and

Murrumbidgee plans.

Note 2: Inter-valley dealings in the

Macquarie and Namoi are between the

2 water sources covered by these

plans (ie. Macquarie and Cudgegong;

Upper and Lower Namoi).The Murray

and Murrumbidgee allow dealings to

some other NSW water sources.

Note 3: In this section all types of

dealings (change in water source and

water allocation assignments) are

reported on together.

Macquarie July 2007 - Jan 2008 Jan - June 2008


Assignment of allocations (temporary transfers) from the Cudgegong to the Macquarie River, allowed under the Plan, was suspended due to drought conditions. During this time, transfers were allowed only within the Cudgegong and Macquarie valleys. Between January and June 2008, trade of water allocation was limited to downstream trade (ie. Only trade from the Cudgegong to the Macquarie was allowed).

Restrictions were introduced as a result of concerns about the ability to deliver purchased water efficiently. Normal dealing rules were reintroduced in January 2008.

Office of Water to consider dealing rules which take into account water delivery constraints between the Cudgegong and Macquarie water sources during dry conditions and a trigger for their operation during the amendment or remake of the Macquarie plan.








Restrictions were placed on inter-valley transfers downstream of the Murray–Murrumbidgee junction.

Restrictions were introduced as a result of limited water availability in this water source (ie. low water levels in Hume Dam) and the resulting difficulty in delivery of purchased water. Since July 2008, inter-state trading is via tagged trade.

Office of Water to consider inter-valley trading rules which take into account water delivery constraints between the Murrumbidgee and Murray water sources during dry conditions and a trigger for their operation considered as part of the remake of the Murrumbidgee plan.



Deadlines for water allocation assignments were relaxed during this period.

New arrangements were introduced for applications for water transfers aimed at increasing the opportunity for licence holders to meet their water needs during periods of water scarcity and competition. In 2007-2008, all applications needed to be received by Office of Water by 30 April (rather than 1 September for high security licences and the end of February for general security licences). In 2008-2009, the deadline for intra-valley and inter-state dealings was 31 May 2009.

Office of Water to review the appropriateness of deadlines for water allocation assignment applications in providing licence holders with flexibility in meeting their water needs, particularly during dry conditions as part of the remake of the Murrumbidgee plan.

Murray Feb 2008 - July 2008


Restrictions on inter-state and inter-valley dealings from the Lower Darling regulated river water source were introduced.

Note1: Although the NSW and Lower

Darling water sources are covered by a

single Plan, any dealings between them

are inter-valley trades

Restrictions were introduced as a result of limited water availability in this water source and the resulting difficulty in delivery of purchased water. Since July 2008, inter-state trading is via tagged trade.

Office of Water to consider inter-valley and inter-state trading rules which take into account water delivery constraints between the Murray and other water sources during dry conditions and a trigger for their operation considered as part of the remake of the Murray plan.


Part 11 – Mandatory conditions

Table 26: Mandatory conditions - licences and works approvals



All plans All years

Always implemented

Mandatory conditions required in the WMA and in the individual plans were placed on the licences during the conversion of licences from the Water Act to the WMA before the plans commenced.

.



Part 12 – System operation rules

Table 27: Replenishment flows



All plans except Hunter All years


See Part 4 (Basic landholder rights) for details

Note: Such provisions are not relevant in

the Hunter

Table 28: Minimum flow levels



Lachlan 2004-2005 to 2007-2008


The plan requires that a visible flow be maintained at Geremy on the Lachlan river. Under the critical water planning process, such flows were observed most, but not all of the time from 2004 - 2008.

Office of Water to consider modified minimum flow rules and an appropriate trigger to move to these rules as part of an amendment to or upon the remake of the Lachlan plan to ensure that it addresses inefficiencies and ineffectiveness of the current rule during extremely dry conditions.

Lachlan 2008-2009

Always implemented

In 2008-2009, these flows were delivered throughout the year under the critical water planning process.

Murrumbidgee Always implemented

Minimum flow levels aimed at meeting domestic and stock needs, provided for in the plans were delivered.



Table 29: Water delivery and channel capacity constraints



All plans Not required The initial estimates of maximum water delivery or operating channel capacity included as notes in the plans have not been updated. See Part 9 (Rules for managing access licences – extraction conditions) for more details.

Dry conditions have meant that this has not been required or a priority. The initial estimates of maximum water delivery or operating channel capacity included as notes in the plans still require updating when sufficient information to support this is available. To date, the dry conditions across most systems mean that the initial estimates of channel capacity have not been tested. A clear definition of channels is also required. This will be done as part of the finalisation of a state-wide policy on Extraction Components. In the Lachlan, the review of these channel capacity estimates will be done by State Water as part of their Work Approval requirements. Work on these estimates has similarly been hampered by the dry conditions.

Office of Water to update the initial estimates of maximum water delivery and operating channel capacity as notes in the plans when sufficient information to support this is available. In the Lachlan, Office of Water to continue to work with State Water on the review of the initial channel capacity estimates. Office of Water to include a clear definition of channels and include this in the dictionaries for all plans as part of the finalisation of a state-wide policy on Extraction Components by December 2010. See Part 9 (Rules for managing access licences – extraction conditions) for more details.



Table 30: Rates of change to releases from storages



All plans Not required Minister has not established procedures for setting rules for this.

Long standing State Water operational protocols cover rates of change to releases from storages to prevent river bank stabilisation problems. These protocols have been adhered to since plan commencement and Office of Water is not aware of any significant bank slumping or erosion issues arising from releases. Additionally, dry conditions for the Murray-Darling water sources over the past 5 years have meant that releases from storages in the Murray-Darling have remained within a limited range, lessening the likelihood of bank stability problems due to river operations. State Water is required to develop operating protocols to minimise the effects of flow releases from storages on the stranding of aquatic organisms and erosion of river banks downstream of storages in the Lachlan and Macquarie by June 2012. These protocols must also minimise the impacts of operations of hydro electric power stations. The Hunter, Namoi and Gwydir work approvals issued to State Water do not currently contain such a requirement. Work approvals for State Water’s operations in the Murrumbidgee and Murray are being drafted and are expected to be completed by the end of June 2011. These approvals will include the requirement that these operating protocols be developed by State Water.

NOW to ensure that State Water provides protocols on the management of rates of change to release from storages for consideration by the Minister for Water in line with the work approvals in the Lachlan and Macquarie (by June 2012). Office of Water to ensure that State Water is required to develop operating protocols for the management of rates of change to releases from storages in all other regulated river valleys as a condition of work approvals currently under development (in the Murrumbidgee and Murray). This condition will also be included as an amendment to work approvals already issued (for the Namoi, Hunter and Gwydir) by the end of December 2010.



Table 31: Bulk transfer rules between storages



Namoi, Macquarie Always implemented

Bulk water transferred in 2004–2005 in the Macquarie and in 2006-2007 and 2007-2008 in the Namoi in line with the plan rules. Transfers were not required in any other years.

Table 32: Supply of orders when remaining allocations are low




Water orders were grouped in 2008-2009 in line with plan rules to maximise the efficiency of water delivery in the Lower Namoi in consultation with Namoi Valley Customer Service Committee and other relevant stakeholders. This is the only valley where these provisions were required to be implemented in the 1st 5 years of the plans. In all other valleys, systems are in place to implement these rules when necessary.

Table 33: Dam operation during floods and spilling and airspace operation rules



All plans Not required Draft protocols for dam operations during floods and spilling are in place in the Murrumbidgee and Murray plan areas. Operational rules for the other plan areas have been included in the works approval issued to State Water by the Office of Water.

Final operational rules will be included in the Murrumbidgee and Murray works approvals issued by Office of Water to State Water. It is anticipated that these approvals will be in place by mid 2011.

Office of Water to ensure that requirements for dam operation during floods and spilling and airspace operation rules are included in Works Approvals which will be issued to State Water for the Murrumbidgee and Murray water sources by mid 2011.



Table 34: Provisional storage volume




Always implemented

The provisional storage volume was managed in line with plan provisions during this period.



Following the suspension of the plan (and the EWA accounts) in November 2006, no credits or debits to the provisional storage account were possible as management of these balances is based on movements in EWA accounts.

See Part 3 (Environmental water provisions – Environmental Water Allowances) for more details.

Table 35: Flows in the Lowbidgee Flood Control and Irrigation District (LFCID)



Murrumbidgee

Always implemented

Flows have been made available in all years in line with plan rules.

A water management plan covering the LFCID is under development and will interact with the Murrumbidgee regulated river Plan.

Note: No report cards have been prepared for Part 13 (Monitoring and reporting) of the plans as they do not contain any rules which must be implemented. Details of monitoring activities can be

found on the NSW Office of Water internet site www.water.nsw.gov.au and in the Implementation Progress Reports for each plan.


http://www.water.nsw.gov.au/


Part 14 – Plan amendments

Table 36: Changes to the water source



All plans

Not required No changes have been made to the water sources.

Note: The Hunter plan provides for changes

to the water source to include unconsolidated

aquifers as well as changes to rivers allowed

by other plans.

No changes have been required.

Table 37: Amendments to floodplain harvesting



All plans Not required No changes to water sources or plan provisions have been made to provide for floodplain harvesting.

Requires completion of the state-wide Floodplain Harvesting Policy. The state-wide floodplain harvesting policy has undergone targeted consultation and is being finalised by an Interagency Group for completion by mid-2010. Once finalised, all relevant plans will be amended accordingly to incorporate floodplain harvesting provisions.

Office of Water to amend all relevant plans to incorporate floodplain harvesting provisions upon finalisation of the Floodplain Harvesting Policy by mid 2010.



Table 38: Changes to planned environmental water provisions



Macquarie June 2009

Not required The review of EWA sub-allowances and changes to maximum and minimum proportional share of account water for EWA sub-allowances provided for in the plan were not required or undertaken.

The date in the plan is a suggested timeframe rather than a set deadline. See report cards for Part 3 (Environmental Water provisions – Environmental Water Allowances) report cards for more details.

Macquarie Annually

Not required No other changes allowed for in the plans have been made to environmental water provisions over the past 5 years. See Part 3 (Environmental water provisions) report cards for details.

No timeframes were set in the plan for these changes. No changes were required.

Lachlan Not required The review of transparency rules provided for in the plan did not occur within the suggested timeframe.

Changes may be made if Minister considers them to be necessary. See Part 3 (Environmental water provisions – transparency rules) report cards for details.

Murrumbidgee July 2005

Not implemented

The review of EWA and provisional storage volumes provided for in the plan did not occur within the stipulated timeframe (ie. 1 July 2005).

See Report Cards for Part 3 (Environmental water provisions – Environmental Water Allowances) for details.

See Report Cards for Part 3 (Environmental water provisions – Environmental Water Allowances) for more details on actions required.

Murray Not required No changes to the rules for releases from the Barmah- Millewa Allowance provided for in the plan have been made

Changes may be made if Minister considers them to be necessary. See Part 3 (Environmental water provisions – transparency rules) report cards for details.

All plans Not required No changes to planned environmental water (made under section 8A of the WMA) have been made in any plan area

No changes have been required.



Table 39: Changes to replenishment flow rules



Murray Not implemented

Changes to rules for replenishment flows in the Great Anabranch have not been made

A pipeline which replaces the need for these flows is now operational and an AEW conditioned licence has been issued under s. 8C of the WMA. Changes to the plan have not, however, occurred. As the rules in the plan set an upper limit on replenishment flows this is not an urgent issue.

Office of Water to undertake amendments in relation to replenishment flow rules, provided for in the Murray plan by December 2010.



Table 40: Changes to supplementary water



Gwydir Not required Triggers for changes to rules set out in the plan have not been reached.

See Part 9 (rules for managing access licences – supplementary water) for details.

Macquarie Not required The plan contains rules for changing the minimum flow required prior to announcing supplementary water access.

The plan links changes to the “year 5 review” of the plan which is not required following changes to the WMA. This provision is now redundant.

The Minister may still pursue such changes to the minimum flow required prior to announcing supplementary water access in the Macquarie as Plan amendments under s.45 (1)(a) of the Act if required.

Murrumbidgee Any time

Not required No changes to rules for access to flows by supplementary water users have been made.

Changes to supplementary water access rules may be made if Minister considers them to be necessary. A review of the environmental impacts of access to water by these licence holders must be carried out prior to any changes being made. Due to the extended dry conditions, supplementary water access was only announced in 2004-2005 and 2005-2006. This has meant that there is insufficient information to support a review of the environmental impacts of extraction by these users.

Office of Water to consider the need for a review of the environmental impacts of extraction by supplementary water licence holders and the need for changes to the rules for such announcements during the remake of the Murrumbidgee plan.

Murrumbidgee June 2007

Not required No changes to rules for access to flows by the Lowbidgee Flood Control and Irrigation District have been made.

Changes to access by the Lowbidgee Flood Control and Irrigation District are dependent on the gazettal of a management plan which covers this area. Development of this plan has commenced. It is anticipated that this plan will be ready for gazettal by December 2010.

Office of Water to make any changes to the rules for access to flows by licence holders in the Lowbidgee Flood Control and Irrigation district required to upon following the gazettal of the Lowbidgee Flood Control and Irrigation District plan.



Table 41: Changes to dealing rules



Hunter

Not required Changes to the limit for water allocation assignments to management zone 1 have not been required nor made.

Limit set in the plan is operationally successful in managing the resources across the two reserves in the regulated Hunter system. No changes have been required.

Lachlan June 2009

Not required Review of dealing rules which relate to Lake Cargelligo Weir has not been undertaken. Changes to the dealing rules arising from this review may be made any time after July 2007.

Changes may be made if Minister considers them to be necessary. The feasibility of such a review (especially availability of relevant new information) is currently being assessed

Office of Water to finalise its assessment of available information required to support a review of the Lake Cargelligo dealing rules by September 2010.



45 NSW Office of Water, May 2013

Table 42: Other changes



Hunter Any time

Not required No changes to the Barnard Reserve Account provided for in the plan have been required nor made.

Changes may be made if Minister considers them to be necessary. No changes have been requested by Macquarie Generation.

Namoi Always implemented

In June 2009, changes, provided for in the plan, were made to the rules for carrying over of water allocations credits and the maximum account limits (clause 45 in the plan) for general security licence holders in the Upper Namoi.

Following these plan amendments, general security water users in the Upper Namoi are able to carry-over up to 0.5 ML per unit share of water held in their accounts at the end of a water year and be available for use in the following year. A maximum account balance equivalent to 1 ML per unit share net of water allocation traded was introduced at the same time.

Namoi Not required The following changes have not been required nor made:

• Changes to the AWDs for Upper Namoi general security licences

• The limit on extraction from uncontrolled flows in the Upper Namoi

• Arrangements for access to supplementary water in the Lower Namoi

See Part 9 (rules for managing access licences – supplementary water) report cards for more details.

Changes to the AWD and limit on extraction from uncontrolled flows in the Upper Namoi may be made if Minister considers them to be necessary. Changes to supplementary water access in the Lower Namoi may be made by the Minister if the Interim Unregulated Flow Management Plan for the North West is altered, or replaced by new management arrangements. Neither of which has occurred.

Office of Water to undertake amendments to the rules for AWDs and limit to extraction from uncontrolled flows for general security licences in the Upper Namoi and access by supplementary water users in the lower Namoi to the extent required to ensure consistency with the Plan for the Namoi unregulated and consolidated alluvial following the gazettal of this plan. See Part 9 (rules for managing access licences – supplementary water) report cards for more details.





Gwydir Not required No changes to the rules for supplementary water access announcements have been made in the Gwydir. See Part 9 (rules for managing access licences – supplementary water) report cards for more details.

See Part 9 (rules for managing access licences – supplementary water) report cards for more details.

Lachlan July 2005

Not required No changes to AWD and account management rules for conveyance access licence for Jemalong Irrigation Ltd have been required nor made


Murrumbidgee Dec 2005 July 2008

Always implemented

The following changes have been made (provided in cl.74 of the plan):

changes to the AWDs for Murrumbidgee Irrigation (conveyance) and Coleambally Irrigation (conveyance) access licences

maximum carryover account balance increased from 15% to 30% for general security, Murrumbidgee Irrigation (conveyance) and Coleambally Irrigation (conveyance) access licences

These increased carryover limits were introduced in July 2007 under the critical water planning processes ahead of the plan amendments.

Murrumbidgee No set date

Not required There have been no changes required nor made to the rules for access to uncontrolled flows by general security licence holders.


Murray Any time

Not required No changes to the regulated river (conveyance) access licence AWD rules have been required nor made.

Changes may be made if Minister considers them to be necessary.

regulated river water sharing plan audit report cards · regulated river water sharing plan . ......

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