Water Sharing Plan for the Murrumbidgee Regulated River Water Source Amendment Order 2011 (NSW)

2011 No 340

New South Wales

Water Sharing Plan for the Murrumbidgee

Regulated River Water Source Amendment Order

2011

under the

Water Management Act 2000

I, the Minister for Primary Industries, in pursuance of section 45 (1) (a) of the Water Management Act 2000, being satisfied it is in the public interest to do so, make the following Order to amend the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003.

Dated this 29th day of June, 2011.

KATRINA HODGKINSON, MP
Minister for Primary Industries

Explanatory note any time, by order published on the NSW legislation website, amend a management plan if satisfied it is in the public interest to do so. The purpose of this Order is to amend the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003. The concurrence of the Minister for the Environment was obtained prior to the making of this Order.

Published LW 1 July 2011

2011 No 340

Water Sharing Plan for the Murrumbidgee Regulated River

Water Source Amendment Order 2011

under the

Water Management Act 2000

1 Name of Order

This Order is the Water Sharing Plan for the Murrumbidgee Regulated River Water

Source Amendment Order 2011.

2 Commencement

This Order commences on the day on which it is published on the NSW legislation website.

3 Amendment

The Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 is amended as set out in Schedule 1.

2011 No 340

Schedule 1 Amendment of Water Sharing Plan for the Murrumbidgee Regulated

River Water Source 2003

[1]        Clause 35 Available water determinations

Insert after subclause (2):

(3) In making available water determinations under section 59 of the Act for access licences with
share components that specify this water source, the Minister should consider the requirements
of this Division.

[2]        Clause 40 Available water determinations for Murrumbidgee Irrigation (conveyance) access licences

Omit the clause. Insert instead:

Available water determinations for Murrumbidgee Irrigation (conveyance) access licences shall be made at the commencement of each water year and as required, during the water year, to provide a total volume of water for those access licences that is equal to:

(a)	98,000 megalitres, of which 80,000 megalitres is available for delivery prior to the end of February in any water year, and
(b)	243,000 megalitres when the sum of available water determinations made for regulated river (general security) access licences in that water year is greater than 0.60 megalitres per unit share, and
(c)	a further 550 megalitres per 0.01 megalitres per unit share of available water determinations made for regulated river (high security) access licences in that water year, when the sum of available water determinations for regulated river (high security) access licences for the water year is less than or equal to 0.95 megalitres per unit share, and
(d)	determinations made for regulated river (general security) access licences in that water year when the sum of available water determinations for regulated river (general security)

a further 550 megalitres per 0.01 megalitres per unit share of total available water and

(e) determinations made for regulated river (general security) access licences in that water
year when the sum of available water determinations for regulated river (general security)

a further 1,650 megalitres per 0.01 megalitres per unit share of total available water than or equal to 0.5 megalitres per unit share, and

(f) determinations made for regulated river (general security) access licences in that water
year when the sum of available water determinations for regulated river (general security)

a further 3,200 megalitres per 0.01 megalitres per unit share of total available water than or equal to 0.6 megalitres per unit share,

provided that the sum of available water determinations made for Murrumbidgee Irrigation (conveyance) access licences in any water year must not exceed a volume equivalent to 1.0 megalitre per unit share of Murrumbidgee Irrigation (conveyance) access licence.

Note. The effect of clause 40 is that incremental available water determinations may be made over the
course of a water year for Murrumbidgee Irrigation (conveyance) access licences depending on the amount
of water available and the available water determinations made for other access licences, subject to a limit
that is equal to a volume equivalent to 1.0 megalitre per unit share of Murrumbidgee Irrigation
(conveyance) access licence.

2011 No 340

[3]      Clause 53 Rules relating to constraints within a water source

Omit clause 53 (5).

[4]      Clause 53A Rules relating to dealing constraints within the Yanco system

Insert after clause 53:

53A Rules relating to dealing constraints within the Yanco system

(1) This clause relates to dealings under sections 71Q and 71W of the Act in relation to the

Yanco system.

(2) In this clause:

(a) the Yanco system means any of the following:

(i) Billabong Creek from its junction with Colombo Creek to its confluence
with the Edward River;
(ii) Billabong Creek upstream from its confluence with Colombo Creek to
the concrete dam situated between portion 63, Parish of Cocketgedong and
portion 24, Parish of Nowranie both in the County of Urana;
(iii) Colombo Creek from its offtake from Yanco Creek to its confluence
with Billabong Creek;
(iv) Cuddell Creek from the intersection point of creek bank and the
common boundary between portions 4 and 5, Parish of Cuddell, County of
Mitchell, to its confluence with Yanco Creek;
(v) Forest Creek from its offtake from Billabong Creek within T.S.R. 30139,
Parish of Thulabin, County of Townsend downstream to Warriston Weir;
(vi) Nowranie Creek upstream from its confluence with Billabong Creek to
the concrete dam situated within portion 27, Parish of Nowranie, County of
Urana;
(vii) Sheepwash Creek from its confluence with Billabong Creek within
portion 49, Parish of Wanganella, County of Townsend, upstream to its
intersection with the eastern boundary of said portion, parish and county;
(viii) Unnamed lagoon, from its upstream effluence to its downstream
confluence with Colombo Creek both located adjacent to Morundah
Racecourse all within Reserve 67478, Parish of Waugh, County of Urana;
(ix) Unnamed watercourse, from it confluence with Yanco Creek within
portion 22, Parish of Moonbria, County of Townsend, to the earth dam
located 158 metres upstream within portion 3, Parish of Moonbria, County
of Townsend;
(x) Unnamed watercourse offtaking from Yanco Creek within portion 159,
Parish of Bundure, County of Urana, to its upper limits within portion 58,
Parish of Douglas, County of Urana;
(xi) Unnamed watercourse from its offtake from an unnamed watercourse
within portion 57, Parish of Douglas, County of Urana, and traversing
portions 58, 61 and 156, Parish of Douglas, County of Urana;
(xii) Unnamed watercourse (artificially improved), from its confluence with
Yanco Creek within WR 1630 adjacent to portion 73, Parish of Uroly,
County of Boyd, to its confluence with Back Creek within said portion;
(xiii) Unnamed watercourse from its offtake from Colombo Creek within
Reserve 1631, east of Portion 127, Parish of Bingagong, County of Urana,
downstream to its confluence with Yanco Creek within Portion 114, Parish
of Bingagong, County of Urana;
(xiv) Unnamed watercourse from its junction with Yanco Creek, within
Reserve 1630, fronting Portion 128, Parish of Uroly, County of Boyd, to its
junction with another unnamed watercourse within Portion 132, Parish of
Uroly, County of Boyd, at a point approximately 870 metres east from the

2011 No 340

western boundary and 50 metres south from the northern boundary of the
said portion;
(xv) Washpen Creek from its confluence with Pine Watercourse and Back
Creek within portion 72, Parish of Uroly, County of Boyd to its confluence
with Pine Watercourse and Woolshed Creek within the Road Reserve
located between portions 163 and 176, Parish of Howell, County of Boyd;
(xvi) Woolshed Creek from its confluence with Pine Watercourse and
Washpen Creek within Road Reserve between portions 163 and 176, Parish
of Howell, County of Boyd, to its confluence with Yanco Creek within WR
1684 adjacent to portion 142, Parish of Howell, County of Urana; and
(xvii) Yanco Creek from its offtake from the Murrumbidgee River to its

confluence with Billabong Creek.

(b) the Yanco dealing limit is equal to the sum of the share components of all access
licences, excluding supplementary water access licences, nominating water supply

works in the Yanco system as at 1 July 2011, less:

(i) the sum of the share components of all access licences, excluding
supplementary water access licences, that were acquired by Water for
Rivers prior to 1 July 2011 and that nominated a water supply work in the
Yanco system on 1 July 2011; and
(ii) the sum of the share components of all access licences, excluding
supplementary water access licences, that were acquired by Water for
Rivers on or after 1 July 2011 and that nominate a water supply work in the

Yanco system.

(3) A dealing under section 71Q of the Act is prohibited if it involves an assignment of
rights from an access licence that nominates a water supply work that is not in the Yanco
system to an access licence that nominates a water supply work in the Yanco system
and the dealing would cause the sum of the share components of all access licences,
excluding supplementary water access licences, that are not held by Water for Rivers and
that nominate a water supply work in the Yanco system to be greater than the Yanco dealing
limit.

(4) A dealing under section 71W of the Act is prohibited if it involves an access licence that nominates a water supply work that is not in the Yanco system being amended to nominate a water supply work in the Yanco system and the dealing would cause the sum of the share

components of all access licences, excluding supplementary water access licences, that are not held by Water for Rivers and that nominate a water supply work in the Yanco system to be greater than the Yanco dealing limit.

Note. This clause does not prohibit dealings that leave the sum of share components of all access licences in the Yanco system unchanged (i.e. a dealing within the Yanco system), even if that total is greater than the Yanco dealing limit at the time of the dealing.

[5]      Clause 63 Replenishment flows

Omit the clause.

[6]      Clause 74 Other amendments of this Plan

Omit “clause 40 (2)” from clause 74 (a).
Insert instead “clause 40”.