New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE INTERSECTING STREAMS UNREGULATED AND ALLUVIAL WATER SOURCES 2011 - REG 16

16 Establishment and maintenance of planned environmental water

(1) Planned environmental water is established and maintained in these water sources as set out in this clause.

(2) Planned environmental water in these water sources is established as follows:

(a) the physical presence of water:

(i) in the Intersecting Streams Unregulated Water Sources, that results from the access rules specified in Division 2 of Part 8 of this Plan,

Note : The rules in Division 2 of Part 8 of this Plan for the Intersecting Streams Unregulated Water Sources set flow rates or flow levels below which the taking of water is not permitted. Some limited exemptions apply.

(ii) in the Warrego Alluvial Groundwater Source, that is equal to 75% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas at the commencement of this Plan,

Note : At the commencement of this Plan the long-term average annual rainfall recharge for the Warrego Alluvial Groundwater Source is estimated to be 3,904 ML/year in those areas that are not high environmental areas and 493 megalitres per year in high environmental areas.

(iii) in the Paroo Alluvial Groundwater Source, that is equal to 75% of the long-term average annual rainfall recharge in areas that are not high environmental value areas and 100% of the long-term average annual rainfall recharge in high environmental value areas at the commencement of this Plan, and

Note : At the commencement of this Plan the long-term average annual rainfall recharge for the Paroo Alluvial Groundwater Source is estimated to be 4,104 ML/year in those areas that are not high environmental areas and 319 megalitres per year in high environmental areas.

(iv) in the Intersecting Streams Alluvial Groundwater Sources, is within the groundwater storage over the long term,

(b) the long-term average annual commitment of water as planned environmental water in:

(i) the Intersecting Streams Unregulated Water Sources that results from the application of the available water determination rules as specified in Division 2 of Part 6, the water allocation account management rules as specified in Division 1 of Part 8 and the resulting long-term average annual extraction limit as specified in Division 1 of Part 6,

(ii) the Warrego Alluvial Groundwater Source which is equal to 75% of the long-term average annual rainfall recharge,

(iii) the Paroo Alluvial Groundwater Source which is equal to 75% of the long-term average annual rainfall recharge, and

(iv) the Intersecting Streams Alluvial Groundwater Sources which is equal to the volume of water within the groundwater storage over the long-term,

(c) the water remaining in these water sources after water has been taken pursuant to basic landholder rights and access licences, in accordance with the rules specified in Part 6 and Part 8.

(3) The planned environmental water established under subclause (2) (a) is maintained in:

(a) the Intersecting Streams Unregulated Water Sources, by the rules specified in Division 2 of Part 8 of this Plan, and

(b) the Intersecting Streams Alluvial Groundwater Sources by the rules specified in Part 6 and Part 8 of this Plan.

(4) The planned environmental water established under subclause (2) (b) is maintained in:

(a) the Intersecting Streams Unregulated Water Sources by the available water determination rules as specified in Division 2 of Part 6, the water allocation account management rules as specified in Division 1 of Part 8 and the resulting long-term average annual extraction limit as specified in Division 1 of Part 6, and

(b) the Intersecting Streams Alluvial Groundwater Sources by the rules in Part 6 which limit the water available for extraction under access licences.

(5) The planned environmental water established under subclause (2) (c) is maintained in these water sources by the rules specified in Part 6 and Part 8 of this Plan.

Note : The rules in Part 6 ensure that there will be water remaining in these water sources over the long term by maintaining compliance with the long-term average annual extraction limits. The rules in Part 6 provide for a reduction in available water determinations when the long-term average annual extraction limits have been assessed to have been exceeded.