Water sharing plans

Suspension notice

Reason for decision

Part suspension of the Water Sharing Plan for the Belubula Regulated River Water Source 2012

Clause 26

Background

The Belubula water source is currently in Drought Stage 3, exhibiting a severe water shortage.

Due to ongoing drought and very low inflows, Carcoar Dam is less than 17 percent total capacity. Evaporation and transmission losses are also very high.

Clause 26 of the Water Sharing Plan specifies an end of system flow target of 10 ML/day. The Belubula river receives a high proportion of its flow from tributary inflows downstream of the dam. On average, only ten per cent of total annual flow in the river comes from dam releases, the remaining 90 per cent is derived from inflows from the tributaries. In the lower reaches of the river, groundwater extraction also reduces the river flow as the systems are highly connected.

Attempting to fulfil environmental water provisions (end of system flow requirements) during the current drought could potentially consume all the water in Carcoar Dam by next summer.

On 1 July 2019 the operation of clause 26 of the Water Sharing Plan for the Belubula Regulated River Water Source 2012 (the Belubula plan) was suspended due to drought conditions. This suspension expired on 30 June 2020.

To continue to preserve water for other high priority users it is necessary to reinstate the suspension of the end of system flow provision until water availability improves.

If the proposed amendments to the Belubula Water Sharing Plan commence later in 2020, new rules will negate the need for future plan suspensions dealing with the end of system flow rule.

Reasons for decisions

Water Sharing Plan suspension – section 49B

Section 49B of the Water Management Act 2000 (WM Act) enables all or part of water sharing plans to be suspended if the Minister ‘is satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources’. An extreme event includes an extreme dry period. The NSW Extreme Events Policy details how water should be managed during these extreme events. The priority is to secure critical human water needs (including non-human consumption requirements that would cause high social, economic or national security costs if not met).

The extreme events policy framework sets out 4 stages of operations – from normal operations in Stage 1 up to critical drought or water shortage in Stage 4. The suspension of parts of a water sharing plan is listed as a management tool for Stage 3 and Stage 4 events.

Before suspending the operation of all or part of a plan, the Minister must obtain the concurrence of the Minister for Energy and Environment. This has been obtained.

Belubula - suspension of planned environmental water provisions

The reinstatement of the suspension of clause 26 will reduce system losses and allow available water in Carcoar Dam to be used for other high priority water needs.

If the proposed amendments to the Belubula plan are made before 31 December 2020, the suspension order may be repealed with the concurrence of the Minister for Energy and Environment.

Benefits and risks

This suspension continues the operational arrangements  for Carcoar Dam during dry periods.

The suspension of Clause 26 will ensure water is available for other high priority water users on the Belubula.

There will be concern that suspending this rule will impact aquatic ecosystems in the Belubula. Historically Cod, Macquarie Perch, Golden Perch and Blackfish have been found in the Belubula River. In the lower reaches of the river, downstream of Canowindra, there are also some wetlands which are generally in poor health.

To mitigate the impact of reduced end of system flows, a first flush rule has been adopted. This rule ensures that environmental needs of the system are satisfied before flows are made available to lower security water users from any future tributary inflow events.

The benefits of the proposed amendment substantially outweigh the risks.

Emma Solomon

Executive Director - Policy, Planning and Sciences

20 July 2020

Suspension notice

Reason for decision

Water Sharing Plan Part Suspension (Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock Water Sources) Order 2020 (Extension Order)

Part suspension to Water Sharing Plan for Peel Valley Regulated, Unregulated, Alluvium and Fractured Rock the Water Sources 2010

Background

The Peel River Regulated Water Source is currently declared as Stage 4 (Critical Drought) under the NSW Extreme Events Policy. Under this stage, critical human water needs have priority for the management of remaining water supplies.

Chaffey Dam is currently at 15.7% capacity (2nd December 2019) and, if measures are not undertaken to conserve supplies, could be unable to supply Tamworth’s needs by June 2020 if drought conditions persist.

The NSW Government has committed an initial $5.3 million to complete water security projects to extend essential town water supplies to Tamworth, Moonbi and Kootingal and a further $39 million for a pipeline from Chaffey Dam. These works are being carried out by WaterNSW in two stages.

WaterNSW has constructed a temporary block bank as a weir on the Peel River near Dungowan. Water released from Chaffey Dam will flow down the river until it reaches the weir, and then will be piped into the Dungowan to Tamworth pipeline. This will assist in maintaining water supply to Tamworth until the second stage - the permanent pipeline from Chaffey Dam to the Dungowan pipeline is completed.

To minimise transmission losses associated with releasing water daily from Chaffey Dam, the rule in the water sharing plan requiring this daily release has been suspended.

Reasons for decision

Water Sharing Plan suspension – section 49B

Section 49B of the Water Management Act 2000 enables all or part of water sharing plans to be suspended if the Minister ‘is satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources’. An extreme event includes an extreme dry period. The NSW Extreme Events Policy details how water should be managed during these extreme events. The priority is to secure critical human water needs.

The extreme events policy framework sets out 4 stages of operations – from normal operations in Stage 1 up to critical drought or water shortage in Stage 4. The suspension of parts of a water sharing plan is listed as a management tool for Stage 3 and Stage 4 events.

Before suspending the operation of all or part of a plan, the Minister must obtain the concurrence of the Minister for Energy and Environment. This concurrence has been received.

Benefits and risks

Suspension of planned environmental water provisions clauses

The suspension of clauses 31(3) will enable WaterNSW to release environmental water from Chaffey Dam on a pulse release basis, rather than the daily release required by the clause.

Rather than releasing 3 ML per day, WaterNSW will release up to 30 ML per week. This will reduce transmission losses, but will mean there may be days where no releases are made.

Releasing water on a pulse release basis will allow water to remain in the river while also periodically connecting key refuge pools that have been identified by the Department of Primary Industries as being important for local fish populations.

The suspension will be remain in place until 30 June 2020. By that time, further details will be available on how releases from Chaffey Dam will be managed once the pipeline to Dungowan is completed. The rule may be further suspended.

Suspension notice

Reason for decision

Suspension to Water Sharing Plan for the Belubula Regulated Rivers Water Sources 2012

Clause 26

Background

The Belubula water source is currently in Drought Stage 3, exhibiting severe water shortage.

Due to ongoing drought and very low inflows. Carcoar Dam is less than 22 percent total capacity. Evaporation and transmission losses are also very high.

Clause 26 of the Water Sharing Plan specifies an end of system flow target of 10 ML/day. The Belubula river receives a high proportion of its flow from tributary inflows downstream of the dam. On average, only ten per cent of total annual flow in the river comes from dam releases, the remaining 90 per cent is derived from inflows from the tributaries. In the lower reaches of the river, groundwater extraction also reduces the river flow as the systems are highly connected. Belubula stakeholders understand the nature of the system and the limited capacity of Carcoar dam to deliver the annual water allocations. Historically during dry periods WaterNSW and the stakeholders have informally agreed suspend the end of system target.

Attempting to fulfil environmental water provisions (end of system flow requirements) during the current drought could potentially consume all of the water in the Carcoar Dam by July 2020.

To preserve water for higher priority users it is necessary suspend the end of system flow provision until water availability improves.

During the development of the new Water Sharing Plan alternate rules for the end of system flows are be investigated.

Reasons for decision

Section 49B of the Water Management Act 2000(WM Act) enables all or part of water sharing plans to be suspended if the Minister ‘is satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources’. An extreme event includes an extreme dry period. The NSW Extreme Events Policy details how water should be managed during these extreme events. The priority is to secure critical human water needs (including non-human consumption requirements that would cause high social, economic or national security costs if not met).

The extreme events policy framework sets out 4 stages of operations – from normal operations in Stage 1 up to critical drought or water shortage in Stage 4. The suspension of parts of a water sharing plan is listed as a management tool for Stage 3 and Stage 4 events.

Before suspending the operation of all or part of a plan, the Minister must obtain the concurrence of the Minister for Energy and Environment.

Belubula - suspension of planned environmental water provisions

The suspension of clauses 26 will allow available water to in Carcoar dam and inflows from tributaries below the dam to be utilised for high priority water users.

Benefits and risks

This suspension formalises the operation of Carcoar dam during dry periods, as has been historically agreed between Water NSW and stakeholders.

The suspension of Clause 26 will ensure water is available for high priority water users on the Belubula. This suspension will also ensure Cadia mine, which is an important industry in the area will be able to continue operations.

There will be concern that suspending this rule will impact aquatic ecosystems in the Belubula. Historically Cod, Macquarie Perch, Golden Perch and Blackfish have been found in the Belubula River. In the lower reaches of the river, downstream of Canowindra, there are also a few wetlands which are generally in poor health.

To mitigate the impact of reduced end of system flows, a first flush rule will be adopted. This rule will ensure that environmental needs of the system are be satisfied before flows are made available to lower security water users from any future tributary inflow events.

While Clause 26 is suspended an end of system operating rule based on a “wet trigger” at Flyers creek will be trialled. The trigger reinstates the 10 ML/day end of system target following a defined period of increased flow at the Flyers creek gauge. This trigger rule is one of the rule options being considered for the new Water Sharing Plan.

The benefits of the proposed amendment substantially outweigh the risks.

Suspension notice

Reason for decision

Suspension to Water Sharing Plan for the Macquarie and Cudgegong Regulated Rivers Water Sources 2016

Background

The Macquarie River Regulated Water Source is currently at Drought Stage 4, critical water shortage. Under this stage, critical human needs have priority for the management of remaining supplies.

Due to the ongoing drought and record low inflows, Burrendong Dam is currently at less than 6 percent total capacity. At this storage volume, there is not enough water available in 2019 – 2020 for general security water allocations (carry over), environmental water allocations, normal high security allocations and critical human needs.

To manage remaining supplies for critical water needs, the minister will suspend water sharing plan rules.

Reasons for decision

Water Sharing Plan suspension – section 49B

Section 49B of the Water Management Act 2000 (WM Act) enables all or part of water sharing plans to be suspended if the Minister ‘is satisfied that there is an extreme event in relation to a particular Basin management area or part of the Basin water resources’. An extreme event includes an extreme dry period. The NSW Extreme Events Policy details how water should be managed during these extreme events. The priority is to secure critical human water needs (including non-human consumption requirements that would cause high social, economic or national security costs if not met).

The extreme events policy framework sets out 4 stages of operations – from normal operations in Stage 1 up to critical drought or water shortage in Stage 4. The suspension of parts of a water sharing plan is listed as a management tool for Stage 3 and Stage 4 events.

Before suspending the operation of all or part of a plan, the Minister must obtain the concurrence of the Minister for Energy and Environment.

Benefits and risks

Suspension of planned environmental water provisions clauses

The suspension of clauses 14 (10-22) will allow any remaining environmental water allowance stored in Burrendong Dam to be re-allocated for critical human needs.

This means no environmental flows will be able to be provided to the Macquarie Marshes (a RAMSAR listed wetland below Warren), from either held environmental licences (due to a lack of licence water allocations) or from the remaining environmental water allowance in the dam. The marshes received up to 123,000 megalitres in spring 2018.

Tributary inflows downstream of the dam may be available to meet some critical environmental needs until environmental releases from the dam resume

Suspension of available water determination clauses

Under normal water sharing plan operations, each licence within a licence category receives the same treatment in terms of available water determination (AWDs – the proportional amount of water allocation credited to licence accounts). Suspending clauses 33-38 will allow different water allocations (or AWDs) to be announced within a single access licence category.

The making of an AWD will be subject to the rules of distribution in section 60(3A) of the WM Act.

The first priority under a section 49B suspension is critical human needs, followed by water for domestic purposes and essential town services, and then the needs of the environment followed by other matters.

Suspension of reductions in carryover sub accounts

The water sharing plan includes a rule in clause 44(3)(a) requiring that water held in carryover sub-accounts be reduced based on the increased evaporation associated with holding the previous years’ water in storage.

The suspension will ensure these accounts are not unfairly diminished, and users can access a fair share of their carryover when normal operations resume.

Suspension notice

Reason for decision

Water Sharing Plan Part Suspension (Greater Metropolitan Region Unregulated River Water Sources) Order 2019

Background

The Greater Sydney region is currently experiencing drought. There is a threat to the short to medium term availability of water for the region due to the ongoing drought. The region is currently at level 1 water restrictions and will move to level 2 water restrictions in December 2019.

Sydney’s desalination plant has reached full production and is currently providing approximately 15 per cent of Sydney’s total daily water needs. Even with this additional supply, it is indicated that Sydney’s total water supply would drop below 30 per cent by late 2021. At this level, water quality and the ability to pump water out of dams may be compromised.

Due to the ongoing drought and record low inflows, Sydney’s storages are currently at less than 47 percent total capacity, with the drought not expected to break in the next 12 months. The Shoalhaven region currently has level 1 water restrictions and it is estimated that there is five years supply in the remaining storage.

The Metropolitan Water Plan 2017 provides for transfers from Tallowa Dam on the Shoalhaven River for Sydney’s water supply. During the Millennium Drought, Sydney’s water supplies fell to 33.8 per cent in February 2007. Transfers from Shoalhaven supplied around 30 per cent of Sydney’s water during that drought. Without the Shoalhaven transfers, Sydney’s supply would have fallen to 13 per cent.

Clause 30 of the Water Sharing Plan for the Greater Metropolitan Region Unregulated River Water Sources allows limited transfers from the Shoalhaven River system. Clause 30 must be suspended to allow additional transfer from the Shoalhaven River Water Source for Sydney’s water supply.  To manage water supply for Greater Sydney, the Minister has suspended clause 30 allowing the additional transfer.

Reasons for decision

Water Sharing Plan suspension – section 49B

Section 49B of the Water Management Act 2000 enables all or part of water sharing plans to be suspended if the Minister is satisfied that there is a severe water shortage.

Before suspending the operation of all or part of a plan, the Minister must obtain the concurrence of the Minister for Energy and Environment.

Benefits and risks

The suspension of clause 30 allows more water to be transferred from the Shoalhaven River Water Source to the Upper Nepean and Upstream Warragamba Water Source to increase Sydney’s water supply.

Shoalhaven’s water supply is estimated to have 5 years remaining in storage. Environmental flows released into the Shoalhaven River from Tallowa Dam have been unaffected and will continue to ensure water is available for the health of the river.

The suspension came into force on 27 August 2019 and will continue up to 30 June 2020.

Overview of environmental flow rules

The environmental rules are designed to provide water for the environment across a range of flow events from floods to very low flows. The following diagram illustrates the importance of different flow ranges to a river's environment.

In addition to the cap on extractions in the Murray-Darling Basin, NSW has embarked on a process of allocating water to the environment. The economic and social development of NSW relies on the assured water supplies that are provided by our water storages. It is therefore not possible to return our rivers to their natural condition.

However, in NSW we have now prepared statutory water sharing plans for most of the major river systems, protecting both the total volume of water for the environment and the natural variability in flows. That is the low flows, moderate flows, freshes and floods. The environmental rules in the water sharing plans are designed to:

• limit extractions so that the major share of water is protected in the inland systems
• replicate natural flow patterns or events so as to provide water when and where it will best meet environmental needs.

The environmental flow rules are based on the broad river flow objectives that set out 12 aspects of flow considered to be critical for the protection or restoration of river health, ecology and biodiversity. The objectives were subject to extensive public consultation and endorsed by the NSW Government in 1999.

Outcomes achieved from the environmental flow rules

In the long term, the rules will make significant progress towards restoring important aspects of the natural flow regime. For example:

• Namoi River – 75% of the natural frequency of the mid river beneficial flooding will be reinstated
• Lachlan River – the frequency of significant floods will be returned to 65% of natural
• Gwydir River – Gwydir wetlands will now receive 85% of natural overbank flow.

The release of water stored in the dam for the environment is designed to support natural flows. In the Murrumbidgee Valley, environmental releases in 2000 from Blowering and Burrinjuck Dams successfully 'piggy backed' onto a natural river fresh to produce the most significant filling of billabongs along the Murrumbidgee River since 1996. Since 2000, drought conditions in all valleys have limited the opportunities for environmental releases. However, the releases that have occurred have provided some positive environmental outcomes.

River flow objectives

The environmental flow rules are based on the following broad river flow objectives that set out 12 aspects of flow considered to be critical for the protection or restoration of river health, ecology and biodiversity. The objectives were subject to extensive public consultation and endorsed by the NSW Government in 1999.

The river flow objectives are to:

• protect natural water levels in pools of creeks and rivers and wetlands during periods of no flow
• protect natural low flows
• protect or restore a proportion of moderate flows, 'freshes' and high flows
• maintain or restore the natural inundation patterns and distribution of floodwaters supporting natural wetland and floodplain ecosystems
• mimic the natural frequency, duration and seasonal nature of drying periods in naturally temporary waterways
• maintain or mimic natural flow variability in all rivers
• maintain rates of rise and fall of river heights within natural bounds
• maintain groundwaters within natural levels, and variability, critical to surface flows or ecosystems
• minimise the impact of in-stream structures
• minimise downstream water quality impacts of storage releases
• ensure river flow management provides for contingencies
• maintain or rehabilitate estuarine processes and habitats.

The purpose of the river flow objectives is to produce specific environmental benefits such as:

• improved survival of ecosystems and aquatic biodiversity
• improved water quality
• healthier wetlands
• improved habitat quality and increased variability of habitat for native fish, frogs, waterbirds and other native fauna, including invertebrates
• more successful breeding of native birds, fish and other native fauna, which only breed in response to specific environmental triggers, for example, rising or falling water levels in the natural seasons
• more natural inundation of flood plains and wetlands, leading to better health and productivity (such as grazing), protection of endangered species, biodiversity and water quality
• discouragement of alien pest species, such as carp, which favour regulated conditions
• improved health of in-stream and riparian vegetation, leading to greater bank stability, improved efficiency of buffer strips in protecting water quality, and reduced erosion and turbidity
• reduced frequency of algal blooms.

River management

Regulated

The actual environmental flow rules in the water sharing plans for the regulated rivers vary from valley to valley, depending on which of the above objectives were considered most important for that valley. Management rules in regulated river systems have a lot of flexibility because of the ability of the major storages to provide for environmental flow management. Therefore rules may include controls on extractions under certain conditions as well as management of dam releases. The range of rules which apply are set out in the table below. Changes to the rules for regulated valleys may occur as part of the revision of Water Sharing Plans for 2019.

Unregulated

Flows in unregulated rivers can only be protected through controls on extraction. In most unregulated rivers, it is during drier periods when flows are naturally low that there is generally greatest concern for the health of the river. This is when pools contract, water quality deteriorates rapidly, algal blooms occur, oxygen levels decline and fauna compete for the reducing food supplies. The water sharing plans for the unregulated rivers therefore require licence holders to stop pumping when the river flow falls below a certain level, referred to as cease to pump (CtP) rules. In addition many of the plans set limits on how much water can be taken from different flow ranges or classes. Additional measures including daily extraction limits are being considered for unregulated systems such as the Barwon-Darling.

Transparent and translucent flows

Translucent rules have been in operation in New South Wales (NSW) for well over a decade. Water sharing and delivery regimes have changed over that time, including the introduction of the environment as a legitimate water user. On 6 July 2016, in response to community interest, the minister announced a review of the flow rules to check that they are usefully serving their intended purpose.

The Translucency rules in NSW inland rivers - Scoping review (PDF, 2635.72 KB) (February 2018) report represents a stocktake of the current rules in inland NSW regulated rivers; their diversity and intended purpose and an overview of options and implications for change.

Translucent flows in the Macquarie Cudgegong Water Source

The translucency rule was suspended in late 2021 due to flood risk in the Macquarie. The risk of flooding has subsided, therefore the rule is being reinstated.

Translucency releases from Windamere Dam will recommence in February 2022 when Burrendong Dam storage levels fall below 120% and into Bay 1 of the Flood Mitigation Zone.

What are transparent and translucent flows?

A transparent flow occurs in a regulated river system when inflows are passed through a regulating structure – usually a dam – to enable a near-natural flow pulse into the river system. A translucent flow is similar, however; only a portion of the inflow volume is passed.

This does not involve the use of licensed environmental water, but is instead a fixed rule that designates water to be made available for an environmental purpose under certain conditions.

Such conditions trigger when releases are made, and in the case of translucent flows, determine the proportion of inflows to be released. These conditions could include a date range (usually winter/spring), catchment conditions (whether dry, normal or wet), environmental volume already released in the water year, current downstream inflows, existing storage volume, inflows to date and inflow triggers.

All water sharing plans are independently audited and reviewed by the Natural Resources Commission (NRC) during their 10-year term. This is a requirement of the Water Management Act 2000.

Audits

Water sharing plans are audited under section 44 of the Act to determine whether the plan’s rules are being put into practice.  
The NRC completes audits within 5 years of a plan commencing. Information on plan audits in progress or completed by the NRC can be found on their website. The current schedule for plan audits is below. Note: this schedule may change where plans are replaced.

We are also working to improve implementation of water sharing plan rules by establishing a theme-based, approach to implementing water sharing plans.

As part of this work, in 2022 the Department of Planning and Environment published a list of all water sharing plan rules that had not yet been implemented. This is in direct response to the 2020 ICAC Report.

• Schedule - Audit of floodplain management plans under Section 44 of the Water Management Act 2000
• 2023-2024 Annual Water Sharing Plans Implementation Report (PDF, 619.66 KB)

Schedule

Schedule for plan audits. You can view the schedule for NRC audits on their website.

NRC Audits

Audit reports and report cards

Between 2015 and 2018, audits were completed under the direction of an independent panel. Copies of the independent audit reports covering water sharing plans 2015-18 as well as the previous reports dating back to 2004 are available in the Water Archive.

Visit the Water Archive

Reviews

Water sharing plans are audited under section 43A of the Water Management Act 2000.

NSW water sharing plans are valid for 10 years from their commencing date. Plans may be amended during their life to ensure they comply with changing legislation and to facilitate their implementation.

Near the end of the 10-year term the NRC completes a formal review to identify whether changes to plan rules are needed to deliver better outcomes for all water users, including the environment. Information on plan reviews in progress or completed by the NRC can be found on the NRC website.

You can view the current schedule for plan reviews on the NRC website. Note: this schedule may change where plans are replaced.

What is the review process?

Under the Water Management Act 2000 the Minister may, on recommendation by the Natural Resources Commission, extend a water sharing plan for another 10 years or replace the plan.

Extension refers to the extension of a plan for a further 10 years without change. Replacement is where changes to the existing plan are proposed.

In some cases where a smaller plan is being replaced, it may be merged into a larger plan.

Download the flowchart (JPG, 223.55 KB)

What does this mean for me?

Where a plan will be replaced or amended, the department will undertake consultation with stakeholders, which may include a formal public exhibition period, targeted consultation or other meetings or workshops, depending on the nature of the amendments proposed and the needs of stakeholders.

More information on how the department assesses the effects of water sharing plan rule changes can be found on the Assessing the effects of water sharing plan rule changes - Fact sheet (PDF, 292.73 KB)

How can I be involved?

The department will notify licence holders and other stakeholders when the review of a water sharing plan is due to commence. The department collaborates with the Natural Resource Commission, consulting with stakeholders and gathering information to inform reviews.

Water sharing plans undergoing a review are advertised on the Have your say website and submissions are collated by the Natural Resource Commission and shared with the department. This is generally followed by targeted stakeholder meetings to discuss issues and understand stakeholder concerns.