AUDIT OF IMPLEMENTATION · Audit of implementation - Regulated river water sharing plan audit...

AUDIT OF IMPLEMENTATION

Regulated river water sharing plan audit report cards

Prepared for the period between 1 July 2009 and 30 June 2012

Publisher: NSW Department of Primary Industries, Office of Water

Title: Audit of implementation - Regulated river water sharing plan audit report cards

First published: June 2103

ISBN: 978 1 74256 525 5

More information

www.water.nsw.gov.au

Acknowledgments

Jobtrack 12147C

© 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 (June 2013). 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.

Audit of implementation - Regulated river water sharing plan audit report cards

Contents Tables .............................................................................................................................. iv

Acronyms and abbreviations............................................................................................ vi

Glossary ...........................................................................................................................vii

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

Part 3 – Environmental water provisions........................................................................... 5

Blowering Dam transparent releases ................................................................................ 5

Part 4 – Basic landholder rights ...................................................................................... 22

Part 7 – Rules for granting access licences .................................................................... 25

Part 8 – Limits to the availability of water........................................................................ 27

Part 9 – Rules for managing access licences ................................................................. 34

Part 10 – Access licence dealing rules ........................................................................... 44

Part 11 – Mandatory conditions ...................................................................................... 49

Part 12 – System operation rules.................................................................................... 50

Part 14 – Plan amendments............................................................................................ 56

iii NSW Office of Water, June 2013


Tables

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

Table 2 Suspension of 1st round regulated river water sharing plans ............................... 3

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

Table 4: Extraction limit..................................................................................................... 5

Table 5: Transparent releases .......................................................................................... 5

Table 6: Translucency releases ........................................................................................ 7

Table 7: Minimum daily flows ............................................................................................ 8

Table 8: Environmental water allowances (EWA) ........................................................... 12

Table 9: Restrictions on extraction during supplementary access events ...................... 20

Table 10: Adaptive environmental water......................................................................... 20

Table 11: Domestic and stock rights ............................................................................... 22

Table 12: Replenishment flows ....................................................................................... 22

Table 13: Applications for specific purpose access licences .......................................... 25

Table 14: Licence applications........................................................................................ 26

Table 15: Compliance with the long-term extraction limit................................................ 27

Table 16: Available water determinations ....................................................................... 28

Table 17: Water allocation account management........................................................... 34

Table 18: Carryover provisions ....................................................................................... 34

Table 19: Extraction conditions ....................................................................................... 38

Table 20: Supplementary water ...................................................................................... 40

Table 21: Access to uncontrolled flows........................................................................... 42

Table 22: Minister's dealing principles ............................................................................ 44

Table 23: Constraints within a water source ................................................................... 44

Table 24: Conversion of access licence category........................................................... 46

Table 25: Dealings between water sources (including inter-valley and interstate dealings)........................................................................................................................................ 46

Table 26: Mandatory conditions - licences and work approvals...................................... 49

Table 27: Replenishment flows ....................................................................................... 50

Table 28: Minimum flow levels ........................................................................................ 50

Table 29: Water delivery and channel capacity constraints ............................................ 51

Table 30: Rates of change to releases from storages .................................................... 52

Table 31: Bulk transfer rules between storages.............................................................. 52

iv NSW Office of Water, June 2013


Table 32: Supply of orders when remaining allocations are low ..................................... 53

Table 33: Dam operation during floods and spilling and airspace operation rules.......... 54

Table 34: Provisional storage volume ............................................................................. 55

Table 35: Flows in the Lowbidgee Flood Control and Irrigation District (LFCID) ............ 55

Table 36: Changes to the water source .......................................................................... 56

Table 37:Floodplain harvesting ....................................................................................... 57

Table 38: Changes to planned environmental water provisions ..................................... 57

Table 39: Changes to replenishment flows ..................................................................... 58

Table 40: Changes to supplementary water ................................................................... 59

Table 41: Changes to dealing rules ................................................................................ 60

Table 42: Other changes................................................................................................. 60

v NSW Office of Water, June 2013


Acronyms and abbreviations

ACCC Australian Competition and Consumer Commission

AEA Murray Additional Environmental Allowance

AEW Adaptive environmental water

AWD Available water determination

BLR Basic landholder rights

BMEWA Barmah Millewa environmental water allowance

CAAC Compliance Assessment Advisory Committee

CMA Catchment management authority

CSC Customer service committee

DECC Department of Environment and Climate Change

DECCW Department of Environment, Climate Change and Water

ECA Environmental contingency allowance

EFRG Environmental flow reference group

EWA Environmental water allowance

EWAG Environmental water advisory group

FMZ Flood mitigation zone

GL Gigalitre

GS General security access licence category

HS High security access licence category

IQQM Integrated Quantity and Quality Model

LFCID Lowbidgee Flood Control and Irrigation District

LTAAEL Long-term average annual extraction limit

LWU Local water utility

MDB Murray-Darling Basin

MDBA Murray-Darling Basin Authority

ML Megalitre

N/A Not applicable

NSW DPI Department of Primary Industries

NWI National Water Initiative

OEH Office of Environment and Heritage

PSV Provisional storage volume

S and D Stock and domestic access licence category

vi NSW Office of Water, June 2013


vii NSW Office of Water, June 2013

SWC State Water Corporation

TWS Town water supply

WA Water Act 1912 (NSW)

WM Act Water Management Act 2000 (NSW)

WQA Water quality allowance

Glossary

Critical human water needs 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.

Water sharing plan term review refers to the Minister’s decision to extend the existing plan or replace it with a new one at the end of its first 10 year term in line with Cl 43A provisions of the WM Act.

Amend water sharing plan refers to changes made to the plan during its 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 WM Act


Introduction

This report card is one of three sets of report cards (covering regulated rivers, unregulated rivers and coastal aquifers) prepared by the NSW Office of Water and refined by the Audit Panel appointed by the Minister for Water under section 44 of the WM Act. They were used by the Audit Panel in its review of the effectiveness of the implementation of the water sharing plan provisions of the 31 plans covered by the 2012 audit. This is the second audit of these plans and covers the three year period from 2009-2010 to 2011-2012. This second audit is required to inform the Section 43A review of water sharing plans which is required prior to June 2014. This review of plans is currently under way.

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 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

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

Due to the extreme drought, most of the regulated river plans were suspended for part of the last three years of their term. Details are provided in

1 NSW Office of Water, June 2013


Table 2 below. Whilst suspended, decisions about water management were made by the Office of Water, in consultation with the Office of Environment and Heritage (OEH) and State Water Corporation (SWC) under a critical human water needs planning process. Although not bound by the rules of the water sharing plans whilst they were suspended, water management decisions reflected 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 2012

Macquarie July 2007 Reinstated 16 September 2011

Lachlan 1 July 2004 Reinstated 16 September 2011

Murrumbidgee November 2006 Reinstated 16 September 2011

Murray October 2006 Reinstated 16 September 2011

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 water sharing plan to the WM Act, and are therefore not covered by the report cards.

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

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 2009-30 June 2012 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.

Sometimes implemented while suspended: Rules modified partially whilst plan suspended.

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 her discretion to act.

Reflecting the requirements of the WM 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 plans in achieving their 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 plans and multiple years whilst many of those classified as “Not implemented” cover one plan for only some of the past three 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 water sharing plans. 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 (NWI), 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 website at www.water.nsw.gov.au.


Part 3 – Environmental water provisions

Table 4: Extraction limit

Subject of assessment

Rating Explanation of assessment Comment Recommendation

All plans

2009-2010 to 2011-2012

Not required See report card for Part 8 – Limits to the availability of water

Table 5: Transparent releases



Murrumbidgee

Blowering Dam transparent releases

July 2009 to Nov 2011

Not implemented while suspended

Releases were limited from Blowering Dam during this period whilst the Plan was suspended.

From 1 July 2010, records of under delivery of these releases and those from Burrinjuck Dam (see below) were kept, with the accumulated volume being made available for later use consistent with the rules governing the EWA. A total volume of 17 108 ML was carried over from 2010-2011 in the operational account balance; a further 68 075 ML was credited to the account between July and November 2010. All of the 85 183 ML of under delivered translucency/transparency releases was subsequently used to support environmental outcomes in the mid and lower Murrumbidgee via multiple releases in July, August and October 2010 and January 2011

Upon the water sharing plan term review, the Office of Water to consider any appropriate modifications of transparent/translucent release rules in the Murrumbidgee during extreme drought to ensure that the plan provisions are appropriate and can be implemented.

Murrumbidgee

Blowering Dam transparent releases

Nov 2011 - June 2012

Sometimes implemented

Due to the inability to estimate natural inflows, the transparent release rate has not been implemented as per the Plan.

To date SWC has been unable to gain reliable daily natural inflows estimates downstream of the T1 power station and therefore a minimum daily release of 560 ML/day has been adopted.

There were 43 days when this adopted release was not met. This included short time periods in Sept and Nov 2011 and Jan, April and June 2012. The average shortfall across the 43 days was 7% or 39 ML/day.

Upon the water sharing plan term review, the Office of Water to consider any appropriate modifications of the transparency rules for Blowering Dam to reflect current operational information availability.






Murrumbidgee

Burrinjuck Dam transparent releases

July 2009 to Nov 2011


Releases were limited from Burrinjuck Dam during this period whilst the plan was suspended.

See comments for Blowering Dam transparency releases above.

See above

Murrumbidgee

Burrinjuck Dam transparent releases

Nov 2011 to June 2012


It was identified post the 2011-2012 water year that the calculation of environmental releases from Burrinjuck Dam had been in error since September 2010.

An incident report was submitted to the Office of Water on 9 August 2012.

The spread sheet operated by SWC which had been developed to assist operators with the complex release rules was found to have an error in the formulas which impacted the daily release calculation and the EWA3 account balance figures.

This means that all of the water credited to EWA3 since spring 2010 should not have been credited.

However, given that both Blowering and Burrinjuck storages have been pre-releasing significant volumes this (2012) winter, the erroneously clipped translucent releases that were credited to the EWA3 account was occupying storage capacity that would otherwise be contributing to water availability for licensed water users. The erroneously credited EWA3 water had actually increased the volume of water spilled and therefore, the clipped translucency should be considered to have added to spills/pre-releases. In so doing the balance of EWA3 for 2012-2013 (69 GL), was reduced to zero.

The error in the spreadsheet has now been corrected.

Upon the water sharing plan term review, the Office of Water to consider simplifying and clarifying the translucency release rules for Burrinjuck Dam in the Murrumbidgee Plan to remove ambiguity.

The Office of Water to consider accreditation processes for decision support tools prior to the introduction of new and/or amended plans.


Table 6: Translucency releases



Lachlan

Translucent releases

2009-2010 to 2010-2011

Sometimes implemented while suspended

The triggers in the Plan for translucent releases were not met during 2009-2010.

The trigger was met in 2010-2011 however the Plan remained suspended and under the critical human water needs planning process, no releases were made.

Although no translucent releases were made large tributary inflows below Wyangala Dam in Sept/Oct and Nov 2010 meant that water flowed past Brewster Weir as unregulated flows.

Upon water sharing plan term review, the Office of Water to investigate if translucent release rules need to be reviewed in light of the most recent drought in the Lachlan.

Lachlan

Translucent releases

2011-2012

Always implemented

Translucent releases began on 8 June 2012 and for the 2011-2012 water year, were released as per the Plan.

Lachlan

Review of trigger for translucent releases

2009-2010 to 2010-2011


The Plan provides for the Minister to review the trigger for the rules (i.e. 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.

Upon water sharing plan term review, the Office of Water to review the appropriateness of translucency rule design in the Lachlan.

Lachlan

Review of trigger for translucent releases

2011-2012

Not implemented

As above, however during this period the Plan was not suspended.

As above, however during this period the Plan was not suspended

As above, however during this period the Plan was not suspended

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.



Table 7: Minimum daily flows



Hunter

Minimum daily flows

2009-2010


Flows were assessed as not always meeting the requirements of the water sharing plan, but were maintained as specified in the work approval which recognises operational constraints.

Hot and variable climatic conditions during the year resulted in much higher than expected transmission losses between Denman and Liddell which were difficult to predict. This may have been exacerbated by water being taken which was not ordered (this was a compliance issue).

Where there was an under delivery of the target flows, additional releases were immediately made in all cases and any shortfall was less than 7 days as required by the work approval.

The Office of Water and SWC to monitor compliance issues within all regulated systems, ensuring that all extractions are ordered.

SWC to refine their methods for predicting transmission losses in the Hunter regulated system.

See recommendation below on aligning work approval conditions with water sharing plan provisions

Hunter

Minimum daily flows

2010-2011 to 2011-2012

Always implemented

All minimum flow targets were met during this period.






Gwydir

Minimum daily flows

2009-2010


The minimum flow target was not met on 3 occasions.

The Plan requires 3 minimum flow targets to be met, one to the Gwydir wetlands, one at Yarraman Bridge and one at the Tyreel Regulator and Weir

The following incidents did not meet the minimum flow requirements set out in the Plan:

Gwydir wetlands – was not met on 3 occasions. The monthly volumes were not met in Jan and Feb 2010 (in February it was for a period greater than 10 days). SWC explained this was due to variances in travel times to the default formula used to make the calculations.

Yarraman Bridge – was not met on 3 occasions however the overall volumes delivered were above what was required under the 3T rule.

Tyreel – flows were not as evenly distributed between the Gwydir wetlands and Gingham wetlands as anticipated. The Office of Water noted that the calculation for the 50/50 share included water orders for supplementary flows as well as those required under the 3T rule and consequently requested that these flows be removed from the calculations in future reporting requirements.

SWC to provide complete spread sheet calculations on how they have met minimum flow requirements in the Gwydir as part of their annual compliance report to the Office of Water.

The Office of Water to ensure that SWC removes water orders and supplementary flow data from the calculation of the 50/50 share flow between the Gwydir and Gingham wetlands as part of their annual compliance report.

SWC to refine their methods for calculations so default travel times closely predict actual travel times.

Upon water sharing plan term review, the Office of Water to consider modified minimum flow rules in the Gwydir – the current rule is silent on who determines how the environmental portion of supplementary events is to be distributed.

The Office of Water and SWC to continue to monitor extraction in the Lower Gwydir as the cause of past losses of water has remained unexplained and may have an impact on the minimum flow levels and portion of environmental water being delivered.





Gwydir

Minimum daily flows

2010-2011


Minimum flows were assessed as not always meeting the requirements of the water sharing plan, but were maintained as specified in the work approval which recognises operational constraints.

Although all flows were considered met there were 9 occasions when the daily minimum flow was 25% below the target over the 12 months. Of the 9 occasions, the most in a single month was 4 (March 2011).

It is noted however that this was well within compliance of the conditions of SWCs work approval.

Note: although the conditions on the work approval

were met, compliance with the Plan was not met.

The Office of Water to investigate the appropriateness of work approval conditions and aligned plan rules in all regulated systems and establish and bridge inconsistencies between the two.

Gwydir

Minimum daily flows

2011-2012

Always implemented


Namoi

Minimum daily flows

2009-2010 to 2010-2011


There were times when minimum flow requirements were not met.

While total dam volumes exceeded 120 000 ML for all of the key months, in June 2010 end of system flows were suspended in an agreement between the Office of Water and OEH (formerly DECCW) due to the small volume of water available to meet this requirement.

River conditions and storage volumes would have dictated that release rates to meet requirements in June would have been such that total dam storage would have quickly dropped below 120 000 ML.

The Office of Water suspended the minimum flow targets until 5 August 2010. After this period, the flow targets were met using tributary inflows downstream of Keepit Dam.

Adaptive operational management of the system by SWC has resulted in continual improvement in the management of minimum flows since 2009-2010.

Upon water sharing plan term review, the Office of Water to consider modified minimum flow rules in the Namoi for situations when storages are low and develop a trigger point for implementing any modified rules.

Namoi

Minimum daily flows

2011-2012

Always implemented






Macquarie

Minimum daily flows

2009-2010

Always implemented

No releases from Windamere Dam to the Cudgegong River were required this year.

Macquarie

Minimum daily flows

2010-2011


The triggers were met in 2010-2011, however, on advice from OEH/the EFRG no releases were made to minimise flooding of private property and infrastructure along the Macquarie River.

Heavy rainfall in late Nov had resulted in flood inflows below the dam causing it to rise to a maximum of 150.7% storage capacity and the Macquarie River below the dam reached moderate to major flood levels.

Upon water sharing plan term review, the Office of Water to investigate if a clause needs to be added to the Macquarie allowing the suspension of releases from the EWA on advice from OEH/the EFRG due to flooding.

Macquarie

Minimum daily flows

2011-2012


The triggers were met in 2011-2012 to make releases for the end of system flows and for the majority of the time minimum flows were met; however during March 2012 releases were suspended again to minimise the damage to private property via flooding.

Due to the suspension in March, approximately 2.5 GL was not released from Windamere Dam. This is being ‘paid back’ by increasing subsequent daily translucent releases by 25%.

Upon water sharing plan term review, the Office of Water to investigate if rules are appropriate for inclusion in the Macquarie WSP to instruct the ‘pay back’ of under releases of transparent flows when they are suspended.

Macquarie

Changes to minimum daily flows

2009-2010 to 2011-2012

Not required None of the changes to the initial Plan rules for minimum daily flow rules in the Cudgegong have been required nor made.

These changes allowed for alterations to:

Set a period during which the minimum flow rules apply

Alter the trigger and target minimum daily flows

Upon water sharing plan term review, the Office of Water to consider if rules allowing for the period of minimum flows and triggers to be changed in the Macquarie, are necessary for inclusion in the Plan.





Murrumbidgee

Minimum daily flows

July 2009 to Sept 2011


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

During this period the Plan was suspended, as such the Office of Water directed a flat release of 200 ML/day (a lower target than the Plan).

As part of the critical human water needs planning process, introduced in response to the drought, releases to meet the 200 ML/day at Balranald were only made when there was downstream irrigation demand for water.

Changes to the operation of the modified rules were made to minimise delivery losses associated with flow targets when there were no other water orders and maximised water security for critical human needs.

Under these arrangements, the modified release target was met during this period apart from of a period from mid August till end of September 2009 when flows fell substantially below target. These lower flows were a consequence of the drought conditions and the subsequent requirement to operate the river to minimise excess evaporation/losses ensuring that essential supplies could be met.

Upon water sharing plan term review, the Office of Water to consider the appropriateness of varied end of system flow rules in the Murrumbidgee.

Murrumbidgee

Minimum daily flows

Sept 2011 to June 2012


The variable daily flow target set out in the Plan and adopted on the recommencement of the Plan, varies from month to month and ranges from 180 ML/day in February, March and April to 1 330 ML/day in September.

These targets were met, except for two periods of four days in October and one day in November.

Although this is non-compliance with the Plan, deliveries were in line with the compliance criteria included in SWC work’s approval.

See recommendation above for considering appropriate end of system flow rules in the Murrumbidgee as part of the water sharing plan term review.

See recommendation above for investigating difference between works approvals and the water sharing plans.

Table 8: Environmental water allowances (EWA)

Note 1: These allowances are referred to in some plans as an environmental contingency allowance (ECA) or the environmental water allowance (EWA). For consistency in this report card all

allowances will be referred to as a EWA.

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

Sufficient stores to make EWA releases

All years

Always implemented

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

No releases have been made from this EWA over the past 8 years.

Hunter

Procedures for releases from the EWA

All years

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 Office of Environment and Heritage to establish a EWAG in the Hunter.

In the Hunter, the newly established EWAG to advise on procedures to determine releases from the EWA account.

Note: A EWAG is currently being established

with the first meeting set for Feb 2013 and

initial priorities will involve advising on the

development of procedures from the release

of the EWA account.

Gwydir

Establishment of an EFRG

All years

Always implemented

The EFRG 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.

The Reference Group is managed by OEH and is chaired by the CMA.

Gwydir

Creation of an annual environmental watering plan

All years

Always implemented

An annual release program for the use of water from the EWA has been prepared and approved by the former DECC (now OEH) in line with Plan requirements.






Gwydir

Accounting of EWA accounts

All years

Always implemented

SWC manages the EWA account according to the Plan rules.

Releases during the 2010-2011 water year were only made to the Gwydir wetland system.

Releases from the ECA account totalling 16 500 ML were made in 2011-2012 to extend wetland inundations arising from natural flows, support frog and bird breeding events across the range of Gwydir target wetlands. These releases supplemented natural flows as well as other planned environmental water provided for in the Plan and water orders from NSW and Commonwealth licences held for environmental outcomes in the Gwydir.

Macquarie

Establishment of EWA accounts

All years

Always implemented

The Plan establishes 2 sub-allowances for the EWA and sets out rules for how each is to be administered. During this period, account management and release rules for the EWA were complied with for the majority of the time (see exceptions below).

The EWA was not credited during the 2009-2010 water year as there were no AWDs announced for GS licences.

Macquarie

Releases from EWA accounts

2009-2010 to 2010-2011


Rules for releases from the sub-allowances were not followed

During these years the delivery targets at Marebone Weir were specified by the EFRG and then the accounts were debited retrospectively.

If the translucent triggers were met at this time, an amount was debited from the translucent sub account. Otherwise the full volume was debited from the active sub account.

At the end of some water years, there has been water remaining in the translucent account and the EFRG requested that this water be released.

Release from the EWA accounts were made in 2009-2010 (84 000 ML), 2010-2011 (21 000 ML) and 2011-2012 (88 229 ML).

Upon water sharing plan term review, the Office of Water to consider modified account management rules for improved flexibility of the EWA sub-allowances in the Macquarie to reflect past operational methods for EWA releases.





Always implemented

The Plan sets out how credits are to be distributed between the sub allowances of the EWA and also allows for this distribution to be altered at the beginning of each water year.

The Plan states that the active sub allowance shall get 2/5 of the credit volume and the translucent sub allowance shall get 3/5 of the credit volume. In this water year the sub allowances received the opposite to this which is allowed for in an alternative clause.

Upon water sharing plan term review, the Office of Water to consider the appropriateness of distribution of the EWA between sub accounts in the Macquarie.

Macquarie

Releases from EWA accounts

2011-2012


The EWA had a balance of 160 000 ML as required in the Plan when all carryover from GS licences has been exhausted and an AWD made of 1 ML per unit share.

The method to arrive at this end result was not as set out in the Plan.

Transparency issues with how the end result was arrived at meant that the direct instructions in the Plan were not followed to reach the end result.

Upon water sharing plan term review, the Office of Water to review the appropriateness of the method used to make the balance of the EWA in the Macquarie 160 000 ML when all carryover from GS licences has been exhausted and an AWD of 1 ML per unit share is made.

Macquarie

Strategies for releases from EWA accounts

All years

Always implemented

During this period release strategies for the use of the active sub-allowance were included annually in the environmental watering plan developed by OEH based on advice from the EWAG.

Macquarie

Appointment of members to the EFRG

All years


Although the EFRG has been active in providing advice on the matters set out in the Plan, members were not formally appointed under s.388 of the WM Act due to a change in the approval process required for statutory advisory committee appointments.

The appointment of members to the EFRG in the Macquarie has been sought from government.

Minister for the Environment to consider appointments to the Macquarie EFRG for remainder of water sharing plan term.

Macquarie

Changes to the EWA rules

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 triggers and target flows for the translucent sub-allowance

As the two EWA sub-allowance balances have been managed in combination for most of the last 3 years (see above), there has been no impetus to change the shares of the sub-allowances or triggers for the translucent sub-allowance.

Upon water sharing plan term review, the Office of Water to monitor EWA rules in the Macquarie, in consultation with OEH, and determine if the current amendment rules are appropriate over the Plan’s second term.





Lachlan

Accounting rules for the ECA

All years

Always implemented

No credit to the ECA was required during the 2009-2010 water year as the trigger to do so was not met (i.e. GS AWD was zero).

The ECA was credited as per the Plan during the 2010-2011 and 2011-2012 water years.

Operational flows to Lake Brewster in 2010-2011 prompted the largest pelican breeding event in NSW for over 5 years.

Also during 2010-2011 around 37 000 ML of storage volume was not filled in Lake Brewster to both protect low lying pelican nests and to facilitate wetland establishment. This lost opportunity in stored water was shared proportionately between the EWA, WQA and GS users by debiting the EWA and WQA and through proportionally lower allocations to GS users.

Lachlan

Procedures for releases from the ECA

All years


The Plan requires that the Minister set procedures for the volume and timing of releases from the EWA account and the WQA. These procedures have not yet been established.

Procedures were not developed in light of ongoing drought conditions and the suspension of the Plan.

Although the Plan does not require one, Lachlan 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 EWA.

The Lachlan Riverine Working Group provides advice on the direction for the management of environmental water and its desired ecological objectives in the Lachlan catchment.

Upon water sharing plan term review, the Minister to set procedures for the volume and timing of releases from the EWA account and the WQA in the Lachlan.

Lachlan

Accounting of the WQA

2009-2010


No water was been credited to the WQA account over the 2009-2010 water year.

No water has been required nor made available under the critical human water needs planning process for water quality purposes.

Upon water sharing plan term review, the Office of Water to consider modified WQA rules in the Lachlan during dry conditions and an appropriate trigger to move these rules.

Lachlan

Accounting of the WQA

2010-2011 to 2011-2012

Always implemented

Although the Plan remained suspended in 2010-2011, the improvement in water availability resulted in the credit of 20 000 ML to the WQA in line with the Plan rules and again in 2011-2012.





Murrumbidgee

Accounting rules for the EWA and PSV accounts

2009-2010 and 2010-2011


In 2009-2010 EWA and PSV accounting rules were suspended under the critical human water needs planning process.

Water borrowed from the EWA accounts that were made available for consumptive use in previous years was fully repaid by 1 March 2010.

During this period, “under delivery” of environmental water under translucency and transparency rules was made available for environmental purposes via the EWA accounts. This use of the EWA accounts is not provided for in the Plan.

Upon water sharing plan term review, the Office of Water to consider modified EWA accounting rules in the Murrumbidgee during dry conditions and to simplify the current rules, as well as an appropriate trigger to alter these rules.

Murrumbidgee

Accounting rules for the EWA and PSV accounts

2011-2012


Routine compliance of river operations revealed that the calculation of environmental releases from Burrinjuck Dam had been in error since September 2010.

See Part 3 – Planned environmental water (translucency releases)

See Part 3 – Planned environmental water provisions (translucency releases)

Murrumbidgee

Releases from the EWA

All years

Always implemented

EWA releases were made in all years in line with Plan provisions, despite the suspension of normal EWA accounting rules until the 2010-2011 water year.

In 2009-2010 approximately 35 008 ML was released from the EWA accounts (including under releases of translucent requirements) to support a number of events which included supporting Southern Bell Frog populations in the Lowbidgee wetlands, to maintain suitable water levels in and around water bird rookeries in the Twin Bridges-Piggery Lake Complex and to inundate the Fivebough Swamp (Ramsar) wetland.

In 2010-2011 multiple EWA releases, totalling 137 956 ML were made to sustain high flows at Gundagai, and to provide water for environmental purposes to the mid Murrumbidgee floodplain wetlands, Lowbidgee wetlands, Paika Lake and the Maude Weir Pool from which positive ecological responses have been seen.

In 2011-2012 a total of 182 986 ML was released from EWA accounts to support vegetation communities and sustain bird and frog breeding events and riverine and wetland communities in the mid Murrumbidgee wetlands.





Murrumbidgee

EFRG

All years

Always implemented

The EFRG met at least once every year during this period and provided input to the annual environmental watering plan developed by OEH.

See above for details of releases in all water years.

OEH has reviewed the membership and operation of the reference group. The group is now chaired by the CMA.

Murrumbidgee

Annual environmental watering plan

All years

Always implemented

The Plan requires detailed release rules to be developed annually. This was done, even whilst the Plan was suspended.

See Part 3 – Environmental water provisions.

Murray

Establishment of environmental water accounts

All years

Always implemented

The Plan requires that accounts be established called the Barmah Millewa Allowance and the Barmah Millewa Overdraw (BMEWA), AEA and Lower Darling ECA.

These accounts were maintained as per the Plan except for the instances specified below.

Some of these accounts are managed by the MDBA.

Upon water sharing plan term review, the Office of Water to consider simplifying environmental account water rules in the Murray.

Murray

Releases from the Barmah Millewa Overdraw

2009-2010

Not required Releases from the Overdraw were not required as the triggers to do so were not met.

Murray

Carryover in the Barmah Millewa EWA

2009-2010

Not required The Plan requires that the volume of carryover in the BMEWA be reduced to account for transmission losses associated with the additional water that carryover creates.

In 2009-2010 transmission losses were not applied as water was borrowed from the account and used for critical human water needs. Therefore there was no carryover to apply losses to.





Murray


2010-2011


The Plan requires that the volume of carryover in the BMEWA be reduced to account for transmission losses associated with the additional water that carryover creates.

In 2010-2011 transmission losses again were not applied as the model used in the system does not have the capability to calculate the losses.

Note: a new version of the model has been

developed which can calculate losses associated

with carryover in the BMEWA.

The Office of Water to ensure that transmission losses are being applied to carryover in the BMEWA when the updated model is being used in the Murray.

Murray


2011-2012

Not implemented

No transmission losses were applied to the carryover in the BMEWA as the model used in the system does not have the ability to calculate the losses associated with it.

As above As above

Murray

Dams spills and the Barmah Millewa EWA

2010-2011

Not required The Plan requires that when the dam spills there should be a reduction to carryover in the BMEWA.

Although Hume Dam spilt in these years, no reduction to carryover in the BMEWA was necessary.

The rules of the BMEWA state that if water in the account has been borrowed and then repaid it is then “protected” for 12 months after it has been repaid.

Due to this, no reduction in carryover occurred in this year as the dam spills were within 12 months of the water being repaid.

Murray

Borrow of water from the Barmah Millewa EWA

2009-2010


Although releases from the BMEWA are to be made for environmental purposes, the Plan allows for water in the account to be borrowed for other purposes under exceptional circumstances.

In this year, water was borrowed from the account to support critical human water needs.

Murray

Releases from the Barmah Millewa EWA

2010-2011 to 2011-2012

Always implemented

During this time period, releases from the BMEWA were made for environmental purposes only.

By 2010-2011, conditions had improved sufficiently for water to be credited to the BMEWA in line with the Plan rules and repay a significant proportion of water borrowed from this account under the critical human water needs planning process.





Murray

Operation of the Lower Darling ECA

All years

Always implemented

The Lower Darling ECA was operated as per the Plan.

No releases have been made from the account to date as triggers to make them were not met.

Murray

Operation of the AEA

All years

Always implemented

The AEA was operated as per the Plan No releases have been made from the account to date.

Table 9: Restrictions on extraction during supplementary access events



Hunter

Restrictions on extraction during supplementary events

All years

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.

Supplementary access was declared only in the 2010-2011 water year.

Note: The Gwydir and Namoi also have restrictions

on extraction from supplementary access events,

however this is reported on in a different section of

the Plan.

Table 10: Adaptive environmental water



All plans

Changes to AEW use plans

All years

Not required There were no changes to the approved AEW use plans during the period. Note: Two amended plans (for the Lachlan and

Gwydir) and one new plan (for the NSW Murray

and Lower Darling) were approved by the Minister

in September 2012.

The Office of Environment and Heritage continue to develop AEW use plans in catchments where a licence is requested to be committed as AEW in consultation with relevant licence holders.





All plans

AEW nominations

All years

Always implemented

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

A small number of additional nominations for licences held for environmental purposes was put on hold during this period due to ongoing changes to the environmental water portfolio (purchases and consolidations).

Note: Water was ordered under NSW and

Commonwealth licences held for environmental

purposes (but not AEW conditioned) in all valleys,

except the Hunter and Namoi, in all years of this

assessment.

Note: OEH has indicated that they intend to

request that AEW conditions be placed on

licences within their portfolio in 2012-2013.


Part 4 – Basic landholder rights

Table 11: Domestic and stock rights



Lachlan, Murray, Murrumbidgee

Meeting S and D requirements

2009-2010 to 2010-2011


S and D rights are delivered on top of water orders by SWC and are provided for as part of the operating protocols.

During this period S and D requirements were only partially met at times due to the extended dry conditions and resulting uncertainty in transmission losses and travel times. Water made available to meet critical human water needs, including S and D rights, during this time required the suspension of access to licensed water allocations carried over from previous years.

Under the critical human water needs planning process, whilst the plan was suspended, S and D users were required to observe water use restrictions under the Murray and Murrumbidgee town water restrictions policy.

The Office of Water is developing guidelines for the take and use of water for domestic consumption and stock watering. These will set limits on extraction of water for S and D purposes.

The Office of Water to ensure that stock and domestic use is limited in line with guidelines under development for the take and use of water for domestic consumption and stock watering, once they are approved by the government.

Namoi, Gwydir, Hunter


All years

Always implemented

S and D rights were maintained throughout the time period.

All plans


2011-2012

Always implemented

Wet conditions throughout this year meant that S and D rights were met at all times during this period.

Table 12: Replenishment flows



Macquarie

Replenishment flows

All years

Always implemented

At all times, replenishment flows were met when required.






Lachlan

Meeting required replenishment flows

2009-2010


Due to drought conditions delivery of replenishment flows were not made.

Due to drought conditions delivery of S and D replenishment flows were not effected until the availability of unregulated flows in February 2010.

Upon water sharing plan term review, the Office of Water to consider creating rules outlining actions to undertake if replenishment flows are unable to be met during extremely dry conditions in the Lachlan.

Lachlan

Replenishment flows to Merrowrie Creek District Trust, Torriganny, Muggabah and Merrimajeel Creeks District Trusts

2010-2011

Always implemented

Replenishment flows into Willandra Creek, Merrowrie Creek District Trust, Torriganny, Muggabah and Merrimajeel Creeks District Trusts were all met as per the Plan.

Lachlan

Replenishment flows to Booberoi Creek

2010-2011

Always implemented

The Plan requires that a continuous flow is made down Booberoi Creek to provide for town and domestic supply and stock watering up to a maximum volume of 12 500 ML/year.

Flows into Booberoi Creek recommenced on 28 July 2010 from tributary flows. Following flow through the Creek, diversions into the Creek were continued from 7 Sept 2010 at a lower rate of 30 ML/day to maintain a continuous flow as required.

Lachlan

Replenishment flows to Booberoi Creek

2011-2012

Always implemented

A continuous supply was maintained at Booberoi Creek and full replenishment flows were not required this year due to widespread flooding.

Murrumbidgee

Changes to replenishment flows

All years

Not required Clauses relating to replenishment flows were repealed as provided for in the Plan.

The clause requiring replenishment flows was repealed as the flows it provided for were no longer required. Water is now delivered by a piped water supply system.

See Part 14 - Amendments





Murrumbidgee

Replenishment flows required to meet minimum flow levels

2009-2010


The minimum flow level of 50 ML/day at Darlot aimed at meeting S and D needs in the connected unregulated river was not maintained at all times due to high transmission losses.

There were a total of 74 days during the 2009-2010 water year when the target flow of 50 ML/day was not maintained at Darlot due to severe drought and the high transmission losses associated with the delivery of small volumes of water.

Upon water sharing plan term review, the Office of Water to consider review of minimum daily flow rules in the Murrumbidgee to ensure it considers operational implications of the minimum flow rule during extremely dry periods.

Murrumbidgee

Replenishment flows required to meet minimum flow levels

2010-2011 to 2011-2012


Minimum flow levels were assessed as not always meeting the requirements of the Plan, but were maintained as specified in the work approval which recognises operational constraints.

Full compliance with the work approval was given by the Office of Water as there were no events when the Darlot flow was less than 75% of the target for 7 consecutive days or more, and no months where the flow was less than 75% of the target for more than 10 days.

See recommendation under minimum daily flows to investigate differences between work approval conditions and Plan rules.

Namoi, Gwydir

Requirement of replenishment flows for S and D purposes

All years

Always implemented

At all times, replenishment flows were met when required.

All plans

Requirements for native title rights.

All years

Not required Native title rights remain at 0 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 water sharing 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



All plans

Granting specific purpose access licences

All years

Always implemented

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



Always implemented

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

Changes in licence entitlements over the past 3 years have been very varied:

Murrumbidgee – Increase in share components of 1 867 (D and S, LWU, HS, Aboriginal cultural licences)

Hunter – Decrease in share components of 711 (D and S)

Lachlan – Decrease in share components of 213 (D and S)

Namoi – Increase in share components of 542 (GS and LWU)

Gwydir – no change

Macquarie – Increase in share components of 479 (D and S and GS)

Murray – Increase in share component of 4 488 (D and S, GS and HS)

Increases in HS and GS entitlement which are embargoed may be due to a conversion of licences, corrections to licensing data, the issuing of licences created from water savings projects or issues with reporting on the public register on the Office of Water website

The Office of Water to investigate the reasons for apparent increases in GS and HS unit shares in the Murrumbidgee, Namoi, Macquarie and Murray on the public register on the Office of Water website.

All plans

Processing of licence applications

All years

Always implemented

Licence applications have been processed according to the plan rules.



Part 8 – Limits to the availability of water

Table 15: Compliance with the long-term extraction limit



All plans

Assessing the long-term average annual extraction against the LTAAEL

All years

Not implemented

Assessment of the long-term average annual extraction against the LTAAEL has not occurred as specified in the plans

The plan requires current long-term average annual extraction to be assessed using the relevant IQQM which has been updated for current level of water use development and climate.

Updating of the IQQM for current levels of development has not occurred due to the unavailability of relevant data.

However, anecdotal evidence suggests that water use development has not increased beyond what was in place at the commencement of the plans.

The Office of Water and SWC to resolve the process for the collection of water use development data so the IQQM model can be updated for all regulated systems.

All plans

Adjustments to AWD limits

All years

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

Whilst assessment of compliance with the LTAAEL has not occurred as specified in plans due to the unavailability of water use development data, it is unlikely that current long-term average annual extractions will have breached the respective limit. This is due to the very low levels of water allocations experience through the drought and anecdotal evidence indicating that there has been no increase in water use development.

As above

Gwydir, Lachlan, Macquarie

Appointing members of the CAAC

All years

Not implemented

On expiration of the initial term of the CAAC, membership was not renewed due to the extended dry conditions, no growth-in-use issues to be addressed and new approval processes required for appointment of such committees.

Severe drought has meant that CAAC’s have not been established to date

Upon water sharing plan term review, the Office of Water to consider the necessity of CAAC’s within the regulated systems.






Namoi

Procedures for assessing growth-in-use by Tamworth TWS

All years

Always implemented

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

Growth-in-use assessment procedures for Tamworth TWS have been developed as part of the water sharing plan for the Peel River which commenced on 1 July 2010.

Namoi

Annual assessment of growth by Tamworth TWS

All years

Not implemented

An annual assessment of growth in extraction by Tamworth TWS is required by the Plan, this has not been undertaken.

The Office of Water to undertake assessment of Tamworth TWS extraction to determine if there has been any growth-in-use annually that should be attributed to the Namoi.

Table 16: Available water determinations



Hunter

AWDs for supplementary licences

All years


AWDs for supplementary water access licences were not made in accordance with the requirements of the Plan.

AWD rules for supplementary water access licences make available an amount that is equal to the increase in the annual high flow tally. In practise, this can mean the AWD is made after a supplementary event has passed. To overcome, what is essentially a process problem, small pre-emptive AWDs were made. This allows licence holders to start extracting water from the beginning of a supplementary event without compromising the intent of the existing rules.

Upon water sharing plan term review, the Office of Water to consider possible changes to AWD rules for supplementary water access licences in the Hunter.

Gwydir, Namoi and Macquarie (2009-2010 only)

AWDs announced for all licence categories

All years

Always implemented

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





Macquarie

Reset of GS and HS accounts in the Cudgegong when Burrendong Dam spills

2010-2011 to 2011-2012


The Plan requires that when Burrendong Dam is spilling the water in the sub-accounts of GS and HS licences in the Cudgegong water source will be withdrawn and an AWD of 1 ML/unit share or such lower amount that is required (to bring back extraction under the LTAAEL) shall be announced.

Burrendong Dam spilled in November 2010 and April 2011. Accounts were automatically reset, however the refill of the accounts was not done via an AWD.

The end result was as per the Plan but the method to get there was not as set out in the Plan.

This was the first time there had been a dam spill in any plan area since the plans had commenced.

Upon water sharing plan term review, the Office of Water consider changes to AWD announcement process to simplify the process of amending accounts in the Macquarie when Burrendong Dam spills whilst maintaining transparency in the process.

Murrumbidgee

S and D, LWU AWDs

2009-2010 to 2010-2011


AWDs for LWU and D and S licences of less than 100% were announced at the commencement of each year during this period, due to continuing dry conditions.

In 2009-2010, cumulative AWDs of less than 100% were made for these licence categories (95% D and S, 45% LWU).

In 2010-2011 cumulative AWDs for these categories of 100% were announced by 15 December 2010.

Whilst the WM Act sets out the access licence priorities for making AWDs during a severe water shortage, it does not specify that full requirements must be met before an AWD for a lower priority licence category can be made.

Upon water sharing plan term review, the Office of Water to consider the most recent drought and how best to manage resources if another such situation should occur in the Murrumbidgee.

Murrumbidgee

S and D, LWU AWDs

2011-2012

Always implemented

By July 2011, conditions had improved sufficiently for AWDs for LWU and S and D licences to made in line with Plan provisions.





Murrumbidgee

High security AWD announcements

2009-2010 to 2010-2011


The Plan requires that the system be managed to ensure that AWDs can be made for HS of 0.95 ML/unit share, during the worst period of inflows on record. This was not possible due to severe drought conditions.

Note: Although the Plan recommenced on 16

September 2011, the audit assessment has

shown this as non-compliance whilst

suspended as the announcements were

required prior to this date (ie. 1 July 2012).

In 2010-2011 the sum of AWDs for HS licences was 0.4 ML/unit share

As above for managing AWD processes during extreme drought

Murrumbidgee

High security AWD announcements

2011-2012


The Plan requires that the system be managed to ensure that AWDs can be made for HS of 0.95 ML/unit share, during the worst period of inflows on record. This was not possible due to severe drought conditions.

In 2009-2010, the initial AWD for all HS licence categories was 0.05 ML/unit share, but had reached a cumulative total AWD of 0.95 ML/unit share by 15 September.

In 2011-2012 the initial AWD for HS licences was 0.95 ML/unit share and it finished the year at with a cumulative total of 1 ML/ unit share.

Murrumbidgee

GS AWD announcements

2009–2010


The Plan requires that no AWDs for GS licences be made until higher priority needs have been provided for. In 2009-2010, the accounting rules for the EWA accounts were suspended under the critical human water needs planning process and water was provided instead for GS users.

See comments on EWA account management for more details of arrangements made under the critical human water needs planning process.

As above for managing AWD processes during extreme drought

Murrumbidgee

GS AWD announcements

2010-2011 to 2011-2012

Always implemented

AWDs for GS licences were made in line with Plan provisions during this period.





Murrumbidgee

Conveyance AWD announcements

2009-2010 to 2010-2011


AWDs for all conveyance licences are linked to those made for HS and GS licences. Under the critical human water needs planning process, the calculation of AWD set out in the Plan were modified with lower AWDs announced for these licences than set out in the Plan.

AWDs during this period were aimed at maximising water available to GS and HS licence holders (with the agreement of the conveyance licence holders).

In the Murrumbidgee, the Office of Water to liaise with the irrigation corporations to consider appropriate AWD rules during severe water shortages for conveyance licences.

Murrumbidgee

Conveyance AWD announcements

2011-2012

Always implemented

Plan rules for AWD for all conveyance licence categories were complied with in 2011-2012

See comments in Part 14 (Plan amendment) for details of changes in AWD rules for conveyance licences.

Murray

All AWD announcements

All years

Always implemented

All AWDs were announced as set out in the Plan for the majority of the period (see exceptions below).

Murray

LWU, D and S AWD announcements

2009-2010 to 2010-2011


The Plan requires that LWU and D and S have an AWD of 100% and that the system should be managed to ensure that these categories of licence receive 100% (HS requires 97%) through the worst period of inflows on record.

Due to the extended dry conditions, AWDs for these categories of licence were less than those provided for in the Plan during this period.

As a response to the continued period of low water availability across the MDB, special water sharing arrangements between NSW, VIC and SA to share the River Murray resources were in place. These arrangements formally ceased in May 2010

Upon water sharing plan term review, the Office of Water to consider the most recent drought and how best to manage resources if another such situation should occur in the Murray.

Murray

LWU, D and S AWD announcements

2011-2012

Always implemented

AWDs for LWU and D and S were announced at 100% of share component.

Murray

HS AWDs

All years

Always implemented

AWDs for HS were announced as required.





Murray

Consideration before an AWD for HS and GS are announced

2009-2010 to 2010-2011


When determining the AWDs for GS and HS, water that is required to be reserved for the environment must be taken into account first.

Due to the ongoing drought water was secured for critical human water needs before requirements for the environment were allocated water.

Upon water sharing plan term review, the Office of Water to consider ways to credit environmental water accounts when water is made available for critical human water needs in the Murray.

Murray

Conveyance AWDs

2009-2010 to 2010-2011


No AWD was announced for conveyance licences these years, however water was made available under the critical human water needs planning process.

In June 2009 there was not enough water available to provide all the conveyance water required for 2009-2010. As such the initial shortfall in conveyance water was sourced from carryover.

By July 2009 an improvement in water available meant that requirements were able to be met. In total 200 GL was made available for conveyance licences in 2009-2010.

The 2010-2011 water year also saw water made available when availability permitted it to enable the delivery of water under conveyance licences.

Upon water sharing plan term review, the Office of Water to consider the most recent drought and how best to manage resources if another such situation should occur in the Murray.

Murray

Conveyance AWDs

2011-2012

Always implemented

AWDs for conveyance licences were announced when triggers to do so in the Plan were met.

Murray

GS and supplementary AWDs

2011-2012

Always implemented

AWDs for supplementary and GS licences were met as per specifications in the Plan.





Lachlan

Priorities for AWDs

2009-2010 to 2010-2011


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 implemented as per the Plan.

Whilst the Plan requires licences such as LWU to have 100% AWD before a GS AWD is made, GS AWDs were announced when LWU had an AWD of less than 100%.

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

Upon water sharing plan term review, the Office of Water to consider the most recent drought and how best to manage resources if another such situation should occur in the Lachlan.

Lachlan

Maintaining 100% for LWU, HS and D and S AWDs

2009-2010 to 2010-2011


AWDs of 100% were unable to be maintained for LWU, HS and D and S due to the drought

The Plan specifies that essential requirements (D and S, TWS and HS) must have access to 100% of entitlement “through a repeat of the worst period of low inflows to this water source”. The recent drought has produced a new “worst period” of low inflows which is now longer and more extreme than when the Plan was originally written.

As above

Lachlan

AWD process after Wyangala Dam spills

2011-2012

Always implemented

The Plan requires that when Wyangala Dam is spilling the water in GS accounts is equalised and immediately following an AWD will be announced.

Wyangala Dam spilled in March 2012 for the first time since Plan rules had been in place. The rules in the Plan were followed.


Part 9 – Rules for managing access licences

Table 17: Water allocation account management



Hunter, Gwydir, Namoi, Lachlan, Macquarie, Murrumbidgee

Account management

All years

Always implemented

Accounts have been managed in line with the plan rules.

Note: Carry over reported on separately below.

From time to time there are minor accounting issues, for example multiple licences linked to single works, and account balances will be temporarily negative. There are procedures in place to identify these errors and correct them when necessary.

Murray

Account management

All years

Always implemented

Accounts have been managed in line with the Plan rules (see exceptions below)

Murray

Account management

2009-2010 to 2010-2011


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

Changes to account management made under the critical human water needs planning process were aimed at maximising water available for essential supplies.

The Office of Water to review access to account water during extremely dry conditions in the Murray

Murray

Account management

2011-12

Always implemented

Full access to GS, HS and conveyance account water was reinstated.

Table 18: Carryover provisions



Macquarie

Carryover

All years

Always implemented

Carryover was in line with Plan provisions for all years.






Macquarie

Withdrawal of carryover for HS and GS in the Cudgegong following dam spills

All years

Always implemented

The Plan sets out that when Windamere Dam water storage is spilling and the water level in Burrendong Dam water storage was in the FMZ for all or part of the month, water allocations from the carryover sub-accounts of Cudgegong HS and GS licences will be withdrawn.

These criteria were met in 2011-2012 and all HS and GS account balances were reset at 1.0 ML/unit share in April 2012

(See report card Part 12 – System Operation Rules for more details).

Lachlan

GS carryover

July 2009 - Sept 2010


GS users were not allowed to access carryover due to the drought.

The restrictions were enforced via a 323 Order and remained in place until 19 August 2010 when, 15% of the carryover was able to be accessed, and 2 September 2010 when access to the carry over water was increased to 100%.

Upon water sharing plan term review, the Office of Water to consider the most recent drought and how best to manage resources if another such situation should occur in the Lachlan.

Lachlan

All carryover

Sept 2010 - June 2012

Always implemented

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

Murray

Carryover for HS, GS and conveyance

2009-2010 to 2010-2011


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

The Plan does not allow any carry over for HS. This was set at 100% under the critical human water needs planning process. The Plan limit of 50% carry over for GS and in the Murray conveyance licences, was increased to 100%.

Upon water sharing plan term review, the Office of Water to consider changes to carryover and account management rules for GS, HS and conveyance licences which maximise the water available for critical human water needs during dry times and triggers to move to these rules in the Murray.





Murray

GS carryover

2011-2012


The Plan permits GS licences in the Murray water source to carry over up to 0.5 ML/unit share of their licensed entitlement into the next water year.

There were 1 232 GS licences in the Murray in this water year. Of these, 914 accounts carried over more than 0.5 ML/unit share into the next water year.

With the water sharing plan resuming at the end of this water year, there was uncertainty whether 100% carryover allowed at the end of the previous year would apply.

To remove any uncertainty it was publically announced by the Commissioner of the Office of Water that carryover of 100% would be allowed into the start of the 2012-2013 water year but that the rule as it stands in the water sharing plan (50% carryover) would apply at the end of the 2012-2013 water year.

The Office of Water and SWC to ensure GS licences in the Murray in the 2013-2014 water year carryover more than 50% of their entitlement.

Murray

Evaporation losses due to GS carryover

All years

Not required The Plan requires that evaporation losses associated with GS allocations carried over from the previous year in the Lower Darling be applied to accounts.

No evaporation losses were applied to carryover accounts for GS in the Lower Darling as they are not yet required.

GS accounts in the Lower Darling have a limit of 1 ML/unit share. At the beginning of each year the AWD for GS has been 1 ML/unit share, therefore any carryover reduction at the end of the year would have been replaced by allocation from the AWD. Therefore no reductions on carryover have been required.

Murray

Carryover in the Lower Darling

All years

Always implemented

The maximum amount of carry over permitted for GS licences in the Lower Darling was not reached in the period.

Note: there was one licence in the system that

carried over more than permitted, however this

was due to substantial trading of allocation during

the year.





Murray

Return flows

All years


The Plan states that water allocations may be re-credited to access licence water allocation accounts under section 76 of the WM Act, in accordance with water return flow rules established under section 75 of the WM Act.

Whilst there are no ‘formal’ return credits, there are times when extracted water is returned to the system. However without a return flows policy there are no specific rules on crediting these returns.

The Office of Water to investigate where flows are returned to systems and consider these applications when developing a return flows policy.

Murrumbidgee

HS carryover

2009-2010 and 2010-2011


The Plan rules prohibit carry over of unused entitlement for HS licences. However carry over was permitted (up to 30% of entitlement) for this licence category under the critical human water needs planning process.

See comments on limits on access to water accounts during this period.

Upon water sharing plan term review, the Office of Water to consider changes to carry over and account management rules for HS licenses in the Murrumbidgee which maximise the water available for critical human water needs during dry times, and triggers to alter these rules.

Murrumbidgee

HS carryover

2011-2012

Always implemented

Following the recommencement of the Plan, carry over provisions for HS licences were complied with and unused water remaining at the end of the year was forfeited.

Murrumbidgee

GS and conveyance carryover

2009-2010 to 2010-2011


Carry over provisions for these licence categories were consistent with the new limits of 30% of unused allocations introduced in 2008 via a Plan amendment.

A limited number of GS access licences carried over more than was permitted under the Plan rules.

In 2009-2010 five accounts carried over more water than was permitted under the Plan rules and in 2010-2011, 22 accounts.

During the drought some licences were managed incorrectly. This is currently being amended in accounts.

It was also the case that during the drought accounts were credited with volumes instead of mega litres per unit of share component, this has also created some administration errors which are being corrected in the relevant accounts.

The Office of Water and SWC to amend accounts for GS and conveyance licences in 2009-2010 to 2010-2011 accordingly to correct administration errors and review processes to ensure compliance in the future in the Murrumbidgee.

Murrumbidgee

GS and conveyance carryover

2011-2012


As above, however the Plan was no longer suspended.

In 2011-2012, 29 accounts carried over more than was permitted in their account.

As above





Namoi, Gwydir, Hunter

Carryover

All years

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.

Table 19: Extraction conditions



Hunter, Murrumbidgee, Gwydir

General priority of extraction conditions

All years

Always implemented

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





Hunter, Murrumbidgee, Gwydir

Numerical specification of extraction conditions on licences

All years

Not required All regulated river 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.

As was the case in the first five years of the plan, 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 a licence holder’s ability to receive water when ordered. Wetter conditions in 2011-2012 have, however, meant that some channel capacity limits have been exceeded. A state-wide policy for the establishment of numerical extraction conditions has been drafted, but requires further work before it can be finalised.

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

Macquarie, Lachlan


2009-2010


General priority of extraction conditions set out in the plans were not able to be complied with at all times.

Under an approved process suspension of the plan allowed for limited resources available to be managed in a discretionary manner targeted at securing critical human water needs and environmental targets.

See recommendations Part 8-Limits to the availability of water, for managing AWDs during extremely dry times.

Macquarie, Lachlan


2010-2011 to 2011-2012

Always implemented

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





Murray


2009-2010 to 2010-2011


General priority of extraction conditions set out in the Plan was not able to be complied with at all times.

The highest priority in the distribution of available water in NSW was to increase HS allocations and to reserve water to provide a S and D replenishment to the Wakool River system.

The Office of Water to continue management of the NSW Murray and Lower Darling in conjunction with the MDBA when necessary.

Murray


2011-2012

Always implemented

General priority of extraction conditions set out in the Plan was complied with at all times.

Table 20: Supplementary water



Gwydir

Taking of supplementary water

All years

Always implemented

The Plan requires that the taking of water under supplementary water access licences nominating works on specific sections of the system to be restricted if necessary.

An Order under section 323 of the WM Act prohibited the taking of water under supplementary licences from the Gwydir and Lower Namoi water sources except where it was announced. This was repealed on 5 Nov 2010.

Each supplementary event is evaluated on a case by case basis and as a result may or may not have restrictions placed on it.





Lower Namoi

Start flow and finish flows for supplementary events

2009-2010

Not implemented

The supplementary water event start flow and supplementary water event finish flow downstream of Narrabri as specified in the Plan were not met.

There were two supplementary flow events announced this year on 29 Dec 2009 and 14 Feb 2010.

During these flows, required flow levels at Narrabri were not met at the beginning and end of supplementary events.

Some issues with the start and finish required flow levels have been identified. They include:

There are supplementary users between the start and finish flow reference points, which may alter the flow, and

There are timing conflicts of flows with when the Office of Water permits the extraction of supplementary water and when the event is officially announced.

Upon water sharing plan term review, the Office of Water to review the appropriateness and operational considerations of start flow and finish flow requirements for supplementary events in the Lower Namoi.

Lower Namoi

Supplementary water access

2010-2011 to 2011-2012

Always implemented

Access to water by supplementary water users (when announced) complied with Plan rules.

Macquarie, Murrumbidgee, Murray

Access to supplementary water

All years

Always implemented

Access to water by supplementary water users (when announced) complied with plan rules.

In the Murrumbidgee there were no supplementary events announced in 2009-10. In both 2010-2011 and 2011-2012, however, significant rainfall events and spills from both Blowering and Burrinjuck Dams in line with air space and flood operations meant numerous supplementary events were announced throughout the year in all reaches.





Hunter

Requirements to permit a supplementary event

2009-2010 to 2010-2011


The Plan requires that supplementary access shall only be allowed to commence if the flows at the reach gauge in the immediately preceding period have been sufficient to ensure that the excess flows at the flow reference sites will exceed the threshold flows specified for at least 12 hours.

There were supplementary events announced when this requirement was not met.

Supplementary events were announced when requirements were not met for a variety of reasons. These are:

In one case, a relatively small flow of a few days duration justified the announcement, but a dry river bed with upstream losses and use meant the flow at Singleton was less than the target at the start of the event

Non-compliances were often within capacities to predict natural system behaviour

There were times when the administrative processes involved with approving a supplementary event took longer than the event itself.

The Office of Water to consider the operational practically of the tasks that need to be undertaken by SWC before a supplementary event can be announced in the Hunter.

Hunter

Requirements to permit a supplementary event

2011-2012

Always implemented

Access to water by supplementary water users (when announced) complied with Plan rules during this period.

Table 21: Access to uncontrolled flows



Upper Namoi, Hunter

Access to uncontrolled flows

All years

Not required There was no access to uncontrolled flows during the audit period. However systems were in place should an event be announced.





Murrumbidgee

Non debit access to water for GS licences

All years

Always implemented

During this period, GS access licences were able to take water without debit to their water allocation accounts during an announced supplementary event in their reach.

Whilst storage levels were recovering, GS AWDs remained low early in the 2010-2011 water year. Introduction of these rules provided the GS licence holders access to water earlier than they would have been able to under Plan rules and gave them an opportunity to recover from the extended dry conditions.


Part 10 – Access licence dealing rules

Table 22: Minister's dealing principles



All plans

Complying with Minister’s dealing principles

All years

Always implemented

All dealings have been in line with the Minister’s dealing principles for the majority of the period (see exceptions below).

Table 23: Constraints within a water source



Hunter, Namoi, Gwydir, Lachlan, Macquarie

Dealings within water sources

All years

Always implemented

All dealings were undertaken in line with rules for these plans.

Murrumbidgee

Deadlines for dealing applications

All years


The Plan sets deadlines for dealing applications for both HS (1 September) and GS (end February) allocations. Under the critical human water needs planning process, this deadline was extended to 31 May to maximise opportunities for trade and the viability of the trading market in light of low GS allocations.

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.

Note: this restriction was put in place to limit

growth-in-use via trade. This is contradictory to the

NWI

Upon water sharing plan term review, the Office of Water to review the appropriateness of deadlines for water allocation assignment applications in the Murrumbidgee.






Murrumbidgee

All dealings within water sources

2010-2011 to 2011-2012


Following the improvement in water availability in 2010-2011, all rules dealing with constraints within the water source were complied with ahead of the Plan recommencement in 2011.

This time period saw 60 trades occur after the set deadlines.

Note: due to the limited records of trades and

when they were processed, a number of these

trades may have been within the required dates

however they were not processed until after the set

date.

The Office of Water to further investigate trades identified in the audit that saw dealings occur after the deadlines set in the Murrumbidgee. Any findings should be considered upon the water sharing plan term review.

Murrumbidgee

Dealings involving the Yanco system

2011-2012

Always implemented

Additional dealing rules limiting permanent trade in the Yanco system were introduced in 2011 via a Plan amendment.

Since this time, the rules as set out in the Plan have been adhered to in the Yanco system.

These new rules are aimed at protecting water efficiency savings from increases in extraction via trade.

All trades that occurred were traded out of the Yanco system.

Murray

Trading across the Barmah Choke

2009-2010 to 2010-2011


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.

This was authorised by the MDBA.

See recommendations under Part 9 – Extraction conditions for the Murray.

Murray

All other dealings within water sources

2011-2012

Always implemented

All dealings were undertaken in line with rules in the Plan.

Hunter

All dealings within water sources

All years

Always implemented

All dealings were undertaken in line with rules in the Plan.


Table 24: Conversion of access licence category



Gwydir, Namoi, Macquarie, Lachlan, Murray

Establishing conversion factors

All years

Not required Although conversions between licence categories are permitted, in the Gwydir, Namoi, Macquarie and Lachlan, no conversion factors have been established by the Minister.

The ACCC, in their position paper on Water Trading Rules (released September 2009) recommended that conversion factors not be established due to the potential impact on reliability of other licence holders.

The MDB Plan establishes trading rules in the MDB and seems to infer that conversions be permitted. This matter would be resolved as part of the accreditation of water resource plans.

Outside the MDB the Office of Water to formalise a position on whether conversions should be permitted as part of the water sharing plan term review.

Within the MDB the Office of Water to liaise with the MDBA on whether inland plans should have a conversion factor, should NSW sign up to the MDB Plan.

Hunter

All years

Murrumbidgee

2011-2012

Establishing conversion factors

Always implemented

Conversion factors have been established during the first five years of the plans, however no conversions have occurred since this time.

As above. As above.

Murrumbidgee, Murray

Conversion of licences to another category.

2009-2010 to 2010-2011


Conversion of GS entitlement to HS entitlement, allowed by the plan was suspended during this period.

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

See above.

Table 25: Dealings between water sources (including inter-valley and interstate dealings)

Note 1: Interstate 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.





Macquarie, Namoi

Dealings between water sources

All years

Always implemented

There have been no dealings between water sources in the Macquarie but there have been dealings in the Upper and Lower Namoi within the nominated period.

There were a small number of dealings between the Macquarie regulated river and Cudgegong regulated river however the plan considers this one water source.

There have also been dealings between the Upper and Lower Namoi which is a change of water source. This is permitted within the plan.

Upon water sharing plan term review, the Office of Water to consider the appropriateness of the Macquarie regulated river and the Cudgegong regulated river being a single water source.

Murray

Restrictions on interstate and inter-valley trade

2009-2010 to 2010-2011


Under the critical human water needs planning process, restrictions on interstate and inter-valley dealings from the Murrumbidgee regulated river and NSW Murray water source were introduced.

In 2009-2010, a moratorium on temporary trade from Murrumbidgee to Murray was introduced due to high transmission losses associated with such deliveries and the difficulty in physically delivering traded water.

Upon the water sharing plan term review, the Office of Water to consider operational constraints of inter-valley trades in the Murray in light of the most recent drought.

Murray


All years

Always implemented

There have been dealings between water sources within the nominated period. All dealings between water sources have been temporary ones. Permanent trades have only been within the water source.

The following temporary trades have occurred from the Murray water source:

177 to the Lower Darling

159 to the Murrumbidgee

358 to South Australia

550 to Victoria

The following temporary trades have occurred to the Murray water source:

316 from Victoria

54 from South Australia

666 from the Murrumbidgee

97 from the Lower Darling

Murrumbidgee


All years

Always implemented

The plan lists water sources with which Murrumbidgee access licences can be traded. During this period, these rules were complied with for the majority of the period (see exceptions below).






Murrumbidgee

Establishing conversion factors to interstate trades

All years

Always implemented

No conversion factors were applied to trades that occurred interstate as they were ‘tagged’ trades and are undertaken through agreement with the states where no conversion factor applies.

Over the specified time period there were 361 tagged trades from SA, 541 tagged trades from VIC, 53 tagged trades to SA and 316 tagged trades to VIC.

Upon water sharing plan term review, the Office of Water to incorporate tagged trades interstate into plans, where required.

Murrumbidgee

Restrictions on trade between water sources

2009-2010


Trades in water allocation assignment are provided for in the Plan from the Murrumbidgee to the NSW Murray, Lower Darling and Snowy water sources. Trades to the Murrumbidgee are only permitted from the NSW Murray and Lower Darling water sources.

During this period trades were restricted. Periodic ballots for assignments between water sources and interstate assignments were conducted when relative storages levels allowed.

The trading market was extended to include Victoria and South Australia during this period.

Whilst trading was suspended, three ballots were conducted for trade:

September 2009 where 64 347 ML was traded out of the valley, mainly to the NSW Murray River

November 2009 where 42 000 ML was traded out of the valley, mainly into South Australia

March 2010 with 60 000 ML allocated to accounts.

The extension of the water allocation trading market to include other states allowed Murrumbidgee licence holders to take advantage of the differential water availability across water sources and increased options in water management decisions.

Upon water sharing plan term review, the Office of Water to consider operational constraints on trades in the Murrumbidgee in light of the most recent drought.


Part 11 – Mandatory conditions

Table 26: Mandatory conditions - licences and work approvals



All plans

Mandatory conditions on licences and work approvals

All years

Always implemented

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



Part 12 – System operation rules

Table 27: Replenishment flows



See Part 4 (Basic landholder rights) for details

Table 28: Minimum flow levels



Lachlan

Maintaining a visible flow at Geramy

July 2009-August 2010


Due to drought conditions flow targets were not maintained.

Upon water sharing plan term review, the Office of Water to consider any appropriate modifications of flow level rules during extremely dry times in the Lachlan.

Lachlan

Maintaining a visible flow at Geramy

August 2010-June 2012

Always implemented

A visible flow must be maintained in the Lachlan River at Geramy. This was always maintained.

From July 2011 - March 2012 adequate flows were targeted at Booligal Weir and at Corrong River gauge to ensure a visible flow was maintained at Geramy. Since March 2012 flows at Booligal Weir exceeded minor flood level.



Table 29: Water delivery and channel capacity constraints



All plans

Providing estimates of operating channel capacities

All years

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 SWC as part of their Work Approval requirements. Work on these estimates has similarly been hampered by the dry conditions.

In the Murrumbidgee dry conditions in 2009-2010 meant that the initial estimates of channel capacity had not been tested. In both 2010-2011 and 2011-2012, however, channel capacity constraints estimated in the Plan was exceeded on occasion.

See Part 9 - Rules for managing access licences – extraction conditions for more details.

SWC and the Office of Water to consider if channel capacity constraints are appropriate to be included in water sharing plans and if so review their effectiveness of operation within the plans.



Table 30: Rates of change to releases from storages



Macquarie, Lachlan, Murrumbidgee

Establishing procedures for protocols to minimise the effects of flow releases from storages

All years

Not required Minister has not established procedures for setting rules for the development of protocols to minimise the effects of flow releases from storages.

In the works approval the Minister required the holder to develop an operating protocol by June 2012 to minimise the effects of flow releases from the dams.

SWC was required to develop these operating

protocols by October 2012 under their work

approval and an extension was granted until the

end of 2012 however no protocols have been

submitted to the Office of Water to date.

The Office of Water, NSW DPI, OEH and SWC to develop operating protocols for the management of rates of change to releases from storages (including gated weirs) for inclusion in the implementation manual for the plan.

Table 31: Bulk transfer rules between storages



Namoi, Macquarie

Bulk water transfers between storages

All years

Always implemented

No bulk water transfers were required but systems are in place should transfers be necessary.



Table 32: Supply of orders when remaining allocations are low



Namoi, Gwydir

Grouping water orders when supplies are low

All years

Always implemented

Water orders were grouped in line with plan provisions

As a consequence of extremely dry conditions and low volumes of available water, SWC, in consultation with the Gwydir Valley CSC and other relevant stakeholders, utilised a block release strategy throughout the 2009-2010 water year in order to improve delivery efficiencies and receive the greatest benefit from the available water.

In the Namoi a protocol was developed and approved in May 2009. No bulk water transfers were conducted in the time period.

Macquarie

Developing rules to determine the pattern and volume of releases for the transfer of water from Windamere Dam to Burrendong Dam

All years


The Plan states that during the first year of this Plan the Minister shall develop rules for determining the pattern and volume of releases.

The Plan states that high volume transfer releases can be made from Windamere Dam, however they need to be done so in order to prevent the storage volume of Burrendong Dam becoming insufficient to supply downstream BLR, access licence allocations, EWA for the Macquarie River and to meet any losses associated with the delivery of this water.

Licence holders have requested that these rules be finalised.

Note: the rules are currently undergoing a review

process in light of new drought record inflows,

changed cropping patterns and mining

developments.

The Office of Water (as the Minister’s delegate) to contribute to determining revised rules for the pattern and volume of releases for transferring water from Windamere Dam to Burrendong Dam.



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



Hunter, Macquarie, Namoi, Gwydir, Lachlan, Murray

Operating storages during floods

All years

Always implemented

Protocols were followed for dam operations during floods and airspace operations.

Murrumbidgee

Floods

2009-2010

Always implemented

No floods occurred during the 2009-2010 water year

Murrumbidgee

Rules for operations during floods

2010-2011 to 2011-2012

Always implemented

Draft operational rules were included in the works approval issued to SWC by the Office of Water in April 2011.

Final operational rules were included in the Murrumbidgee works approvals issued by the Office of Water to SWC.

Floods did occur during the 2010-2011 and 2011-2012 water years.

Murrumbidgee

Operating to airspace protocols

All years

Always implemented

The dams were operated in accordance with the airspace principles for Burrinjuck and provisions for Blowering set out in the Plan.

In the 2010-2011 water year SWC made releases from Burrinjuck Dam to create airspace in response to forecasts of significant rainfall. There were limited opportunities for releases to be made to increase airspace in October and November in 2010 due to high inflows coupled with Blowering Dam spilling and downstream tributaries contributing most of the required flows at Gundagai.

Generally releases were made until channel capacities were reached.

Murrumbidgee

Dam capacity following spills

2010-2011


The Plan requires that operations should leave the storage full at the completion of the flood event subject to airspace requirements.

Following the first flood event in Dec 2010 the storage was lowered to 96% capacity.

SWC to review their methods to ensure the dam is left at 100% capacity following floods in the Murrumbidgee.



Table 34: Provisional storage volume



Murrumbidgee

Account management of the PSVs

2009-2010


Following the suspension of the Plan (and the EWA accounts) in November 2006, no credits or debits to the PSV have been possible as management of these balances are based on movements in EWA accounts.

The PSV accounts began having water credited to them again in the 2010-2011 water year.

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

Murrumbidgee

Account management of the PSVs

2010-2011 to 2011-2012

Always implemented

The PSV were managed in line with Plan provisions during this period.

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



Murrumbidgee

Diversions to the LFCID

All years

Always implemented

Diversions to the LFCID were made in line with Plan rules during this period. Note: It was originally anticipated that a separate

water management plan covering the LFCID be

developed. This area is now included in the

Murrumbidgee regulated river water source via an

amendment to this Plan. This was gazetted in

October 2012.

Upon water sharing plan term review, the Office of Water to remove any references in the Murrumbidgee to a separate water management plan for the LFCID.

Note: No report cards have been prepared for Part 13 (Monitoring and reporting) of the water sharing 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



Hunter, Murrumbidgee, Lachlan, Gwydir, Namoi, Macquarie

Changes to the water source boundaries

All years

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

No changes have been required.

Note: Murrumbidgee - See comments on LFCID

diversions in Part 12 above for more details on

planned changes to the water source in late 2012

(after the period considered in this audit).

Murray

Changes to the water source boundary

2011-2012

Always implemented

The Plan was amended in 2012 to make minor changes to the New South Wales Murray regulated river water source to which the Plan applies.

The amendments were as follows:

include Waddy Creek and Merangatuk Creek in the water source as they were inadvertently omitted when the Plan was first made

include the lower portion of Bullatale Creek and Aluminy Creek in the water source because water extracted from these watercourses is supplied from the regulated system

remove a short reach of the Rufus River because it cannot be supplied by water from the regulated river system.



Table 37: Floodplain harvesting



All plans

Allowing for floodplain harvesting licences

All years

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

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.

The Office of Water to amend all relevant plans to incorporate floodplain harvesting provisions upon finalisation of the floodplain harvesting policy.

Table 38: Changes to planned environmental water provisions



Macquarie

Review of EWA sub allowances

All years

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.

No other changes allowed for in the Plan have been made to environmental water provisions over the past 3 years.

See Part 3 (Environmental water provisions) report cards for details.

The date in the Plan is a suggested timeframe rather than a set deadline.

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

Upon the water sharing plan term, the Office of Water to consider any appropriate modification to the EWA sub-allowance provisions in the Macquarie.

Lachlan

Changes to environmental provisions

All years

Not required No changes allowed for in the Plan have been made to environmental water provisions.

Upon the water sharing plan term review, the Office of Water to consider any appropriate modifications of environmental water provisions in the Lachlan.

Murrumbidgee

Review of EWA and PSV accounts

All years

Not implemented

The review of EWA and PSVs provided for in the Plan did not occur within the stipulated timeframe (1 July 2005) and had still not occurred by the end of the period under consideration.

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

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






Murrumbidgee

Changes under 8A of the WM Act

All years

Not required No changes to planned environmental water (made under section 8A of the WM Act) have been made.

No changes have been required.

Murray

Changes to the LTAAEL due to retirement of entitlement from the bulk access regime

2010-2011

Always implemented

The volume of the LTAAEL has been altered due to purchases under the Living Murray program, as a volume was retired from the bulk access regime.

The LTAAEL has been reduced by 17 800 ML to reflect the purchase of 100 000 unit shares of supplementary water access licence under the Living Murray Program.

The Lower Darling LTAAEL has also been reduced by 35 500 ML to reflect the purchase of 250 000 unit shares of supplementary water access licence also under the Living Murray Program.

.

Hunter, Namoi, Gwydir

Changes to environmental water provisions

All years

Not required No changes allowed for in the plan have been made to environmental water provisions.

Table 39: Changes to replenishment flows



Murray

Changes to replenishment flows

2010-2011

Always implemented

The clause relating to replenishment flows was repealed in this water year.

See Part 3 – Environmental water provisions for more details

See Part 3 – Environmental water provisions for more details


Table 40: Changes to supplementary water



Gwydir

Changes to supplementary water

All years

Not required There have been no changes to supplementary water as set out in the Plan.

Upon the water sharing plan term review, the Office of Water to consider if any changes to supplementary licence as provided for in the Plan area necessary in the Gwydir.

Macquarie

Changes to minimum flow requirements to permit supplementary access

All years

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

The Plan links changes to a “year 5 review” of the Plan which is not required following changes to the WM Act. This provision is now redundant.

Upon water sharing plan term review, the Office of Water to amend the provision regarding changes to the minimum flow requirements prior to supplementary access, to not be linked to the year 5 review.

Murrumbidgee

Changes to supplementary access by the LFCID

All years

Not required No changes to the triggers for access to supplementary events by the LFCID or supplementary access licences holders were made during this period.

Changes to access by the LFCID were dependent on the gazettal of a management plan which covered this area. Plan rules for this area have been developed as an amendment to the Murrumbidgee regulated river Plan and this was gazetted in October 2012.

Upon the water sharing plan term review, the Office of Water to remove clauses which allow for changes to access by the LFCID in the Murrumbidgee.

See Part 12 – Mandatory conditions (Flows in the LFCID)

Murrumbidgee

Changes to access rules for the LFCID

All years

Not required No changes to rules for access to flows by the LFCID have been made.

Development of a separate plan for the LFICD was provided for in the original Plan. It was originally envisaged that this plan would be broad in nature, dealing with water sharing, water use, floodplain and drainage provisions on the WM Act.

Due to operational and administrative efficiency advantages, LFICD water sharing provisions were included as an amendment to the Murrumbidgee regulated river Plan in the 2011-2012 water year.

As above



Table 41: Changes to dealing rules



Hunter

Changes to the limit for dealings in management zone 1

All years

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

The limit set in the Plan is operationally successful in managing the resources across the 2 reserves in the regulated Hunter system. No changes have been required.

Upon the water sharing plan tern review, the Office of Water to consider any necessary refinement to provisions within the Hunter that allow for the changes to the limits for water allocation assignments to management zone 1.

Lachlan

Review of dealing rules which relate to Lake Cargelligo Weir

All years

Not required Review of dealing rules which relate to Lake Cargelligo Weir have not been undertaken.

Changes to the dealing rules arising from this review may be made any time after July 2007.

Note that although a full review has not been undertaken, the Office of Water is proposing to alter the temporary trade rule to increase the temporary trade limit from 31 GL/year to 82 GL/year.

Note: the Plan was amended, as proposed, outside

of the audit period on 21/12/2012 to increase the

net trade limit of water up and downstream of the

weir.

Table 42: Other changes



Hunter

Changes to the Barnard Reserve Account

All years

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

The Office of Water to continue to develop changes to the Barnard Reserve Account as provided for in the Hunter upon the water sharing plan term review.






Namoi

Various changes provided for in the Plan

All years

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

Changes to the AWDs for Upper Namoi GS 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.

Upon the water sharing plan term review, the Office of Water to consider the appropriateness of amendment provisions to GS licences, uncontrolled flows and supplementary water in the Namoi.

Lachlan

Changes to AWD and account management for Jemalong Irrigation Ltd

All years

Not required No changes to AWD and account management rules for conveyance access licences for Jemalong Irrigation Ltd have been made.

Over the last few years the Office of Water has been investigating amendments to Jemalong’s conveyance licence but a satisfactory solution has not been able to be reached.

Note: The conveyance licence was amended in the

2012-2013 water year to provide them with

carryover into that water year.

A proposal is currently being finalised to send to

Jemalong Irrigation for a more permanent solution.

The Office of Water to investigate solutions for Jemalong Irrigation (conveyance) licence as provided for in the Lachlan.

Murrumbidgee

Changes to AWDs for Murrumbidgee Irrigation (conveyance) licences

June 2011

Always implemented

In 2011, changes were made to AWDs for Murrumbidgee Irrigation (conveyance) access licences.

Note: These changes build on an amendment

of the same rules in 2006.

The clause relating to AWDs for Murrumbidgee Irrigation (conveyance) access licences was changed so that incremental AWDs may be made over the course of a water year for Murrumbidgee Irrigation depending on the amount of water available and the AWDs for all other access licences, subject to a limit that is equal to a volume equivalent to 1 ML per unit share of Murrumbidgee Irrigation (conveyance) access licences.





Murray

Changes to rules for AWDs for conveyance licences

All years

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.

Upon the water sharing plan term review, the Office of Water to consider the appropriateness of the amendments allowed for in the Plan in the Murray.

AUDIT OF IMPLEMENTATION · Audit of implementation - Regulated river water sharing plan audit...

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