Water Engagement Roundup
The topic for the Water Engagement Roundup webinar recorded on Wednesday 16 October 2024 was NSW water sharing plans, what they are and why we need them.
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Wednesday, 16 October 2024. This month, the topic was NSW water sharing plans, what they are and why we need them.
Questions and answers
In unregulated water sources, where is the department sourcing the annual diversions and extractions from? In years, what is the timeframe being used?
A. In the absence of comprehensive metering in the unregulated systems, which will be addressed over the next few years, the department is currently using the estimates that were provided for the Basin Plan.
In terms of climate change being considered in water sharing plans, what mechanism will NSW use and will there be a prioritisation process?
A. The key piece of work currently being undertaken to consider climate change in regulated water sharing plans is the minimum inflows project, which will review the minimum inflows assumed in the allocations process to consider climate change. We will test different climate scenarios to look at the impact of different storage reserve volumes to lower priority water users such as general security, as well as benefits for water security for higher priority water users such as towns and basic landholder rights. There are other projects underway to incorporate climate change in other aspects of water planning such as setting of sustainable long-term average annual extraction limits in unregulated coastal systems, floodplain management plans, and long-term water plans. Further work to make water sharing plans more adaptable to climate change needs to be scoped - this has not yet been funded or committed to.
Currently excluded works for contaminated water are unlicensed and are not included in the water sharing plan. Please discuss excluded works and the water involved and how this water will be accounted for in the water sharing plans.
A. Water sharing plans currently only require water extractions under the following to be accounted against long-term average annual extraction limits:
- basic landholder rights,
- access licences,
- plantation forestry.
They do not require water taken under a licence exemption set out in Part 1 of Schedule 4 of the Water Management (General) Regulation 2018 to be considered. This is because the water taken under these exemptions was not able to be considered or taken into account at the time long-term average annual extraction limits and sustainable diversion limit were being developed and is not currently able to be determined on an annual basis.
If the contaminated water was extracted under an access licence or basic right, it would have already been accounted.
There is a perception in the community that the NSW Government - Water Group does not take advice from the community in its consultation process. Can you provide concrete evidence that the Water Group listens to community feedback and changes policy?
A. If we get new information that we hadn't considered we take that information on board. For example:
- Changes to wetlands mapped as a result of consultation for batch 1 unregulated plans.
- Increased proposed available water determinations in the Hunter Tidal Pools proposed amendment based on stakeholder feedback. Note - amendment had not gone through at this time (Oct 2024).
If we get new information where impacts are greater than expected, we can stage rules or if there is a seasonal aspect design rules around these requirements ie. higher cease to pump during fish breeding months but then reverts back to lower cease to pump for other times of year.
Feedback from Castlereagh about dealing rules which restricted access for dealings to nominate works - this was not practical for licence holders who wanted to nominate different works on their property, so we removed this from the replacement plan.
Will changes being made to the unregulated water sharing plans in the Northern Basin at 1 July 2025 reflect the recommendations from the final Connectivity expert Panel Report? And if not all recommendations are being adopted, which ones will be?
A. The department has released a pathway to improved northern basin connectivity (PDF, 350.44 KB) document which outlines the governments next steps and includes a review of critical unregulated water sources as per the Panel's recommendation.
How will the Coastal Sustainable Extraction Project affect the remaking of coastal water sharing plans?
A. The Coastal Sustainable Extraction project will provide a framework to inform how water can be managed sustainably in coastal unregulated and alluvial, and regulated water sharing plans. It will use best available environmental, cultural, social and economic inputs to provide a consistent approach to support and inform plan rule development to support sustainable extraction. Once the framework has been developed, and the method piloted and reviewed, the coastal sustainable extraction framework will be used to inform coastal water sharing plan remakes. At the moment we are developing the method and until the method is finalised it is not possible to say exactly how it will affect the remaking of coastal water sharing plans.
Are growing townships (and increased water usage in towns) considered when remaking coastal water sharing plans?
A. Yes, increased demand for water from towns and cities is considered in water sharing plans.
What data is used to determine cease to pump?
A. We use a combination of flow data, ecological asset information, entitlement and where we have it an estimate of water usage to work out appropriate cease to pump rules that aim to maintain flow for as long as possible for the environment and basic landholder rights users as well as minimising impacts on water licence holders.
Is the remake of water sharing plans proposing to correct areas where the plan doesn’t reflect the intent of government.
A. Without a specific example this is a difficult question to respond to. The water sharing plans reflect the requirements of the Water Management Act 2000 and current, and previous, government policies and intentions.
How will water sharing plans ensure storage and flow targets are met at Menindee? What protocols have been put in place to achieve these targets?
A. The department are currently undertaking detailed hydrologic and economic assessment of all the Expert Panel’s recommendations to fully understand their potential benefits and impacts. Initial results will be released in early 2025. The department will also continue current work which includes contributing to the Murray Darling Basin Authority’s review into operation of Menindee Lakes and the environmental flow protection trial which aims to protect water through to Menindee lakes.
How does the water sharing plans take into account reduced stream flows since 1990 and the expected further reduction into the future?
A. As part of the replacement process, we update all the flow data for gauges we are considering using by including the most recent daily flow information. eg The period of record of the gauge plus the last 10‑12 years of data. This data is used in the analysis we do (ie. modelling, economic analysis, and is considered when we determine cease to pump rules so actual flow information is considered.
In terms of future reductions in flows more broadly, the department has commenced a major program of integrating climate change and climate variability considerations into the water sharing plans. The work has commenced with a review of the minimum inflows to inform maintenance of water supply in inland regulated river systems. This is a key piece of work in relation to climate considerations within plans. The draft replacement plan includes provisions which allow the plan to be amended, if necessary, and to consider the outcomes of this review.
Clarify transition of water resources plans and timing
A. Note that Water sharing plans, which we are discussing today, are the legal instrument that manage the distribution of and access to water in NSW. water sharing plans are made under the Water Management Act 2000.
Water Resource Plans are plans required under Commonwealth water legislation (Water Act 2007 and the Basin Plan) and include relevant water sharing plans for the area covered by the Water Resource Plan.
NSW is responsible for 20 of the 33 Water Resource Plans under the Basin Plan. There are 16 of the NSW Water Resource Plans accredited with work being progressed to finalise and resubmit the final 4 plans.
Why isn't Cultural Water within the water sharing plans, more widely known to Aboriginal people and communities? It is hugely unknow that they can claim this water and apply for it. How can it be better advertised?
A. While water sharing plans provide the legal mechanism to issue licences for cultural water and other the uptake has been extremely low.
The department is undertaking a large body of work to improve access to water for Aboriginal people and communities via the NSW Water Strategy and Aboriginal Water Strategy for which there has been recent state-wide consultation.
Will the new water sharing plans incorporate rules around the Sustainable Diversion Limit Acceleration Program projects that are currently planned?
A. Yes, water sharing plan rules may need to be amended as a result of Sustainable Diversion Limit Acceleration Program projects.
We'd expect to either align amendments with existing planned replacements or amendments, or could undertake a specific amendment if necessary.
The Lower Darling water sharing plan process has been somewhat farcical (a polite description). The Connectivity panel has been scathing in its comments (again a polite description). Has anything changed in the water sharing plan? Will anything change?
A. Natural Resources Commission is undertaking its review of the Murray and Lower Darling water sharing plan and it will be made public in the next 6 months. The department will then review the Natural Resources Commission recommendations in conjunction with connectivity report to determine any potential changes to the Murray and Lower Darling water sharing plan.
Confirming there will be a track change document available when consultation begins?
A. The water sharing plan will not be provided in track changes however a Summary of Changes document is provided.
Due to extensive changes to how the water sharing plan template is drafted - as advised by parliamentary counsel’s office - a tracked changes version of the plan would be difficult to decipher.
Welcome to set up a phone meeting to talk through specific clauses of concern.
Are you disregarding all data provided from AS4747 meters which would provide the most accurate data for long-term average annual extraction limits in recent years?
A. No, we are not disregarding that information and we will continue to use it. We need more comprehensive metering to undertake long-term average annual extraction limits assessments which is undertaken at a water plan or management unit scale, rather than an individual water user.
New Access Rules: moving to a flow-based rule where gauges are available. When there is no upstream gauge available, is there any change in the rules? What is that change?
A. Where not gauges are available, we are quite limited to what management we can implement. If existing conditions on other licences can be applied, we consider this where there is drawdown of pools. We confirm if those are still required. Sometimes we tighten up the trade rules if we cannot provide protect via access rules.
Can you please expand on the plantation forestry element of water sharing plans?
A. Recognised area of land under plantation forestry as at 2009 - the Basin Diversion Limit as per the National Water Initiative identified plantation forestry as an interception activity. Recognised in NSW long-term average annual extraction limits.
Can you please comment on the relationship between the regional water strategies and the review of the water sharing plan - especially new ones in development like the Fish River Wywandy Strategy and ones that have been finalise Macquarie-Castlereagh.
A. Regional Water Strategies are not regulatory instruments
They identify options for further consideration - where these options involved changes to water sharing plans, we investigation as part of replacement (pending the required info being available). Good examples of these security issues identified in the Regional Water Strategies for Orange and Bathurst. We are proposing some changes in the water sharing plan, but the dept continues to investigate more long-term options. We are developing a new model for the upper Macquarie to test these options and are working with Local Water Utility. We are working with Regional Water Strategies team in the development of the new Regional Water Strategies for the Fish River Wywandy Regional Water Strategies.
Please explain what the changes in layout would entail, will it then require users to review two or more pieces of NSW legislation rather than a single document to understand what they are able to do with regard their entitlements?
A. No - the updates are provided within a single plan document. For ease of reference please refer to the Summary of Changes document.
Are water sharing plans considered draft management plans prepared by the Minister?
A. Water sharing plans are a type of water management plan prepared by the Minister. Draft water sharing plans are an example of a draft water management plans. Another example is a floodplain management plan.
Is there any update on the remaining water resource plan's timeline in getting to the Murray Darling Basin Authority?
A. The department is progressing work on the four remaining Water Resource Plans to be resubmitted for accreditation assessment. The Department is currently working towards resubmission by December 2024.
Do you know when the Murray and Lower Darling water sharing plan review following the Connectivity Panel Report will be out for consultation?
A. Natural Resources Commission is undertaking its review of the Murray and Lower Darling water sharing plan and it will be made public in the next 6 months. The department will then review the Natural Resources Commission recommendations in conjunction with connectivity report to determine any potential changes to the Murray and Lower Darling water sharing plan.
In coastal unregulated systems, are you considering changes that would enable significantly greater use of water by new high flow licences, whether by Aboriginal groups as allowed for in existing water sharing plans like Macleay or by businesses wanting to do things like fill a giant off stream storage?
A. The flow rate exceeded 50% of the time has sometimes been considered to be the level above which a high flow licence can pump although it is a normal flow rate not a high flow level.
Will any future high flow licences be restricted to higher flow levels like above the level only experienced 20% of the time? In reviewing water sharing plans to allow for town water demand growth will you ensure that the basis for any increase in use provided for has increased efficiency not their old unrestricted highest use?
A. High flow licences (including Aboriginal Community Development licences) will be reviewed as part of the replacement of the coastal water sharing plans. This might include a review of higher flows depending on the extraction pressure that is currently on various flow levels.
Local Water Utilities can generally use the full volume of entitlement associated with their licence except in exceptional circumstances. If they require an additional licence, they will need to apply for this. It will not be approved unless adequate arrangements are in force to ensure that no more than minimal harm will be done to any water source as a consequence of water being taken from the water source under the licence.