Murray-Darling Basin
Water access

Water rights, entitlements, allocations and restrictions

Introduction

This note provides information about the water access rights granted by jurisdictions to the users of the Murray–Darling Basin (MDB) region's water resources and the associated allocation announcements, diversions, adjustments and forfeitures. Information about restrictions to water access rights is available through links provided to relevant line items in this note.

High-level information on legislative, administrative and governing arrangements of surface water rights in the MDB region is available under Water entitlements in the Water rights section of the Contextual information.

Other arrangements, contracts or inter-basin agreements that may or may not result in the creation of water assets and water liabilities are not reported here but in the Surface water and Groundwater notes, depending on which water resource or system they affect.

The 2011 Account acknowledges the varying jurisdictional legislative water resource management frameworks related to Australian rights to water that support water resource management in Australia. The jurisdictional legislative water resource management frameworks vary greatly between jurisdictions, sometimes making comparisons difficult. To facilitate meaningful comparison between the water accounting reports included in the 2011 Account, the Bureau of Meteorology has developed and applied an accounting concept to classify and report water rights within a water-asset/water-liability framework.

According to that framework, surface water rights are categorised broadly into:

Groundwater rights are categorised broadly into:

 

Surface water rights

Summarised information on surface water rights, allocation, abstraction, adjustments and forfeiture of allocated water is presented in Table 1 to Table 3 for the 2010–11 year for the region. Allocation announcement, allocation diversion, adjustments, forfeiture and carry-over are all linked together. Table 1 to Table 3 do not include carry-over information, which is available in line items 5.1 Surface water allocation remaining and 5.2 Surface water allocation remaining – urban water system. Table 4 provides a breakdown of surface water rights for all categories relevant to the region on water resource plan area basis.

Unregulated (called unsupplemented in Queensland) entitlements have been categorised under line item 32.2 Surface water access entitlement for direct diversion. Regulated (called supplemented in Queensland) entitlements have been categorised under line item 32.3 Surface water access entitlement for allocation diversion. See the National Water Account Glossary for definitions of regulated, unregulated, entitlements or other terms used in this note.

The following jurisdiction-specific characteristics apply to the information presented in Table 1:

  • In Queensland – entitlement giving access to unregulated (unsupplemented) flows may report either the volumetric limit: the maximum volume of water that can be abstracted over a given period, or the nominal volume: for water allocations with flow conditions, the nominal volume approximates the long-term annual average volume of water that the entitlement is expected to give access to (under the run of the model).
  • In Queensland – entitlement giving access to regulated (supplemented) flows may report the nominal volume, against which allocations are announced.
  • In New South Wales – entitlements giving access to unregulated flows may report the entitled volume, which specifies an upper limit to the volume of water that can be abstracted over a given period; in case the entitlement exists within a water sharing plan (commenced or in draft), defined under the Water Act 2000, that period is 12 months, and in case the entitlement exists within an area that is still under the Water Act 1912, and consequently has no water sharing plan, that period can be 12 months or several years. The actual duration of the period is unspecified in the table, as the data source used was the water audit monitoring (WAM) report, which did not contain this information.
  • In New South Wales – entitlement giving access to regulated flows may report the entitled volume, against which allocations are announced.
  • In Victoria – entitlements giving access to unregulated flows may report the entitled volume, which specifies an upper limit to the volume of water that can be abstracted over a 12 month period.
  • In Victoria – entitlement giving access to regulated flows may report the entitled volume, against which allocations are announced.

In South Australia – all entitlements have been classified as giving access to regulated flow and may report the entitled volume, against which allocations are announced.

Details of the information presented in the following tables and information on water restrictions can be accessed through the links provided.

 

Table 1. Summarised information on surface water rights, allocations, abstractions, adjustment and forfeiture during the 2010–11 year for the Northern Basin of the MDB region
Water rights (at 30 June 2011)

Water allocation (the 2010–11 year)

Water abstraction/use (the 2010–11 year)

Forfeiture, adjustment (the 2010–11 year)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

32.1 Other statutory surface water rights

28,151

na

na

17.6

28,151

na

na

32.2 Surface water access entitlement for direct diversion 

3,721,139

na

na

17.7

1,451,542

na

na

na

na

17.8

3,167

na

na

32.3 Surface water access entitlement for allocation diversion 

1,965,416 (non-urban)

21.1

1,904,177

17.11

507,631

13.1

187,947

51,187 (urban)

21.2

42,150

17.12

15,509

13.2

26,606

Total

5,765,893

Total

1,946,327

Total

2,006,000

Total

214,553

na = not applicable

 

Table 2. Summarised information on surface water rights, allocations, abstractions, adjustment and forfeiture during the 2010–11 year for the Southern Basin of the MDB region
Water rights (at 30 June 2011)

Water allocation (the 2010–11 year)

Water abstraction/use (the 2010–11 year)

Forfeiture, adjustment (the 2010–11 year)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

32.1 Other statutory surface water rights

19,135

na

na

17.6

19,135

na

na

32.2 Surface water access entitlement for direct diversion

1,056,421

na

na

17.7

565,240

na

na

na

na

17.8

17,421

na

na

32.3 Surface water access entitlement for allocation diversion

9,977,036 (non-urban)

21.1

7,839,249

17.11

3,513,176

13.1

1,406,752

518,988 (urban)

21.2

496,694

17.12

251,875

13.2

244,792

Total

11,571,580

Total

8,335,943

Total

4,366,847

Total

1,651,544

na = not applicable

 

Table 3. Summarised information on surface water rights, allocations, abstractions, adjustment and forfeiture during the 2010–11 year for the whole MDB region
Water rights (at 30 June 2011)

Water allocation (the 2010–11 year)

Water abstraction/use (the 2010–11 year)

Forfeiture, adjustment (the 2010–11 year)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

32.1 Other statutory surface water rights

47,286

na

na

17.6

47,286

na

na

32.2 Surface water access entitlement for direct diversion

4,777,560

na

na

17.7

2,016,782

na

na

na

na

17.8

20,588

na

na

32.3 Surface water access entitlement for allocation diversion

11,942,452 (non-urban)

21.1

9,743,426

17.11

4,020,807

13.1

1,594,699

570,175 (urban)

21.2

538,844

17.12

267,384

13.2

271,398

Total

17,337,473

Total

10,282,270

Total

6,372,847

Total

1,866,097

na = not applicable

 

Table 4. Surface water entitlements as at 30 June 2011 (basic rights and unregulated flows are estimates)
Surface water resource plan area

Jurisdiction

Basic rights (ML)

Entitlements for direct diversion1

Entitlements for allocation diversion2

Total (ML)

Unregulated (ML) 

Supplementary (ML)

Non-urban (ML)

Urban (ML)

SW19 Warrego – Paroo – Nebine  Qld

116,394

0

2,532

80

119,006

SW18 Condamine–Balonne  Qld

2,199,397

0

114,981

6,676

2,321,054

SW17 Moonie  Qld

76,480

0

0

0

76,480

SW16 Qld Border Rivers  Qld

397,775

0

105,411

1,944

505,130

SW15 NSW Border Rivers  NSW

10,245

31,079

120,001

266,047

620

427,992

SW11 Barwon–Darling watercourse  NSW

696

187,603

0

0

0

188,299

SW12 NSW Intersecting Streams NSW

1,761

24,127

0

0

0

25,888

SW14 Gwydir  NSW

7,862

37,494

177,347

527,287

3,836

753,826

SW13 Namoi  NSW

4,148

118,840

115,469

293,680

19,186

551,323

SW10 Macquarie– Castlereagh  NSW

3,439

69,090

50,043

655,478

18,845

796,895

Sub-total Northern Basin

28,151

3,258,279

462,860

1,965,416

51,187

5,765,893

SW9 Lachlan  NSW

6,511

20,212

0

678,186

15,545

720,454

SW8 Murrumbidgee  NSW

6,578

62,594

198,781

2,657,127

43,355

2,968,435

SW7 NSW Murray and Lower Darling  NSW

6,046

54,680

502,368

2,290,363

46,827

2,900,284

SW3 Northern Victoria Vic

164,637

0

1,864,567

110,477

2,139,681

SW2 Vic Murray  Vic

48,905

0

1,802,599

51,784

1,903,288

SW4 Wimmera–Malee  Vic

0

0

174,600

0

174,600

SW6 Eastern Mount Lofty Ranges  SA

0

0

0

0

0

SW5 SA Murray SA

0

0

509,594

180,000

689,594

SW1 ACT  ACT

4,244

0

0

71,000

75,244

Sub-total Southern Basin

19,135

355,272

701,149

9,977,036

518,988

11,571,580

Total for the region

47,286

3,613,551

1,164,009

11,942,452

570,175

17,337,473

Note

– = Data not available

Note: entitlements with different reliabilities have been added to form the values in the Total column.

1 Water rights that may not create a water liability (includes basic rights and entitlements associated with unregulated flows and New South Wales supplementary licences)

2 Water rights that may create a water liability (includes entitlements associated with allocation diversion)

 

Groundwater rights

Summarised information on groundwater rights, allocation, abstraction, adjustments and forfeiture of allocated water is presented in Table 5 to Table 7 for the 2010–11 year for the region. Allocation announcement, allocation abstraction and use, adjustments, forfeiture and carry-over are all linked together. Table 5 to Table 7 do not include carry-over information, which is available in line items 6.1 Groundwater allocation remaining and 6.2 Groundwater allocation remaining – urban water system.

In the tables, water right volumes for non-urban, urban and supplementary groundwater access entitlements are included under 33.3 Groundwater access entitlement for allocation extraction. No information is provided in the tables under line item 33.2 Groundwater access entitlement for direct extraction (entitlement or other arrangement that may not produce a groundwater liability).  This is because all available entitlement information was provided under line item 33.3 assuming entitled volume is a liability even there was no formal allocation announcement.

Table 8 provides a breakdown of groundwater rights for all categories relevant to the region on water resource plan area basis.

 

Table 5. Summarised information on groundwater rights, allocations, abstractions, adjustment and forfeiture during the 2010–11 year for the Northern Basin of the MDB region
Water rights (at 30 June 2011)

Water allocation (the 2010–11 year)

Water abstraction/use (the 2010–11 year)

Forfeiture, adjustment (the 2010–11 year)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

33.1 Other statutory groundwater rights

12,858

na

na

18.7

12,858

na

na

33.3 Groundwater access entitlement for allocation extraction

387,904

22.1

396,879

18.11

125,032

14.1

271,847

22.2

18,175

18.12

9,047

14.2

9,128

Total

400,762

Total

415,054

Total

146,937

Total

280,975

na = not applicable

 

Table 6. Summarised information on groundwater rights, allocations, abstractions, adjustment and forfeiture during the 2010–11 year for the Southern Basin of the MDB region
Water rights (at 30 June 2011)

Water allocation (the 2010–11 year)

Water abstraction/use (the 2010–11 year)

Forfeiture, adjustment (the 2010–11 year)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

33.1 Other statutory groundwater rights

10,825

na

na

18.7

10,825

na

na

33.3 Groundwater access entitlement for allocation extraction

1,018,928

22.1

817,370

18.11

208,880

14.1

608,198

22.2

4,631

18.12

1,339

14.2

3,292

Total

1,029,753

Total

822,001

Total

221,044

Total

611,490

na = not applicable

 

Table 7. Summarised information on groundwater rights, allocations, abstractions, adjustment and forfeiture during the 2010–11 year for the whole MDB region
Water rights (at 30 June 2011)

Water allocation (the 2010–11 year)

Water abstraction/use (the 2010–11 year)

Forfeiture, adjustment (the 2010–11 year)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

Line item

Volume (ML)

33.1 Other statutory groundwater rights

23,683

na

na

18.7

23,683

na

na

33.3 Groundwater access entitlement for allocation extraction

1,406,832

22.1

1,214,249

18.11

333,912

14.1

880,045

22.2

22,806

18.12

10,386

14.2

12,420

Total

1,430,515

Total

1,237,055

Total

367,985

Total

892,465

na = not applicable

 
Table 8. Approximate groundwater water entitlements as at 30 June 2011 for the groundwater resource plan areas selected for the 2011 Account
Groundwater resource plan area

Jurisdiction

Basic landholder rights1 (ML)

Entitlements2 

Total (ML)

Non-urban (ML)

Urban (ML)

Supplementary3 (ML)

GW 16 Gwydir Alluvium NSW

700

28,858

3,572

13,930

47,060

GW 15 Namoi Alluvium

NSW

10,428

201,152

10,791

58,657

281,027

GW 12 Macquarie–Castlereagh Alluvium

NSW

1,730

65,458

3,090

2,396

72,674

Sub-total Northern Basin

12,858

295,468

17,453

74,983

400,762

GW 10 Lachlan Alluvium NSW

4,000

105,678

2,322

21,238

133,238

GW 9 Murrumbidgee Alluvium

NSW

4,000

273,305

2,230

41,196

320,731

GW 8 Murray Alluvium

NSW

1,525

83,493

79

48,454

133,551

GW 2 Goulburn–Murray

Vic

0

383,453

0

0

383,453

GW 3 Wimmera–Mallee (groundwater)

Vic

0

29,497

0

0

29,497

GW 5 Eastern Mount Lofty Ranges

SA

0

10,600

0

0

10,600

GW 4 SA Murray SA

1,300

17,383

0

0

17,983

Sub-total Southern Basin

10,825

903,409

4,631

110,888

1,029,753

Total for the region

23,683

1,198,877

22,084

185,871

1,430,515

Notes

1 Basic landholder rights are an estimate of the rights existing at the commencement of the management plans in New South Wales. Volumes from other states were not available for this table. The rights enable individuals to abstract water for stock and domestic purposes where licenses are not normally formally issued for these rights.

2 Licensed entitlements include all licenses issued under the respective management plans, excluding New South Wales supplementary licenses. Volumes from Australian Capital Territory or Queensland were not available for this table.

3 Supplementary licenses are a category of licence within New South Wales only, where it has already been established that the total volume being extracted from the aquifer needs to be reduced. These licenses have reducing allocations to zero over the life of the management plans.

 

Combined surface water and groundwater rights

For the 2010–11 year, combined surface water and groundwater access entitlements were available in the Australian Capital Territory within the Southern Basin of the MDB region. There were 41 active entitlements with a total volume of 2,424 ML that may abstract water from either groundwater or surface water in the Australian Capital Territory.

 

Landscape water rights

Runoff harvesting entitlements are the water rights under which landscape runoff is harvested into Off-channel water storages (line item 27.1 Off-channel water storages). Runoff harvesting entitlement volumes were not available for inclusion in the water account. Information on volume of water diverted under these entitlements during the 2010–11 year is available in line item 29.2 Runoff harvesting and in the Off-channel storages note.

Following is an explanation of the different terms used within the MDB and how each jurisdiction manages runoff that may be harvested from the land, thus preventing it from reaching a watercourse.

Queensland

Queensland uses the term overland flow. Overland flow is water that runs across the land after rainfall, either before it enters a watercourse, after it leaves a watercourse as floodwater, or after it rises to the surface naturally from underground. Most water in rivers and underground reserves originates as overland flow. If too much water is intercepted before it reaches a watercourse, or if too much floodwater is intercepted before it returns to a watercourse, there can be serious implications for:

  • towns, industries and farms that rely on watercourses for water supplies
  • landholders who rely on beneficial flooding
  • the maintenance of healthy waterways
  • groundwater recharge
  • ecosystems relying on periodic inundation.

A person may harvest overland flow for any purpose unless there is a moratorium notice, a water resource plan or wild river declaration that limits or alters the water that may be harvested. Rules in water resource plans established under the Water Act 2000 (Qld) regulate the building of works that harvest overland flow either actively or passively.

Works that harvest overland flow actively include:

  • pumps, storages, sumps, drains and pipes used to harvest and store it
  • any storage connected to another one used to harvest it, and the connecting infrastructure
  • structures used to hold it for ponded pastures.

Works that harvest overland flow passively include:

  • levees or diversion banks used to direct it into dams, or to slow it down to increase the amount harvested. This does not include works used in soil conservation.

Water resource plans do not regulate works that interfere with, but were not built specifically to harvest overland flow. However, local planning laws may still regulate the building of these structures which include:

  • contour banks
  • fences
  • roads.

Where the construction of overland flow works is regulated, the development may be either assessable or self-assessable development under the Sustainable Planning Act 2009 (Qld). Codes for assessable and self-assessable development include information on constructing works for harvesting overland flow. Currently, the harvesting of overland flow is regulated in the following water resource plan areas:

  • Border Rivers
  • Condamine and Balonne
  • Moonie
  • Warrego, Paroo and Nebine.

In all of these areas, it is required to have:

  • an authorisation to harvest overland flow
  • a development permit under the Sustainable Planning Act 2009(Qld) for most works for harvesting overland flow.

New South Wales

Landholders in most New South Wales rural areas are allowed to collect a proportion of the rainfall runoff on their property and store it in one or more dams up to a certain size. This is known as a harvestable right. Harvestable right water is generally intended for essential stock and household use but can be used for any purpose.

All rural landholders in New South Wales are able to maintain or build farm dams. There are several categories of farm dams that do not require a licence:

  • harvestable right dams
  • dams built before 1999 used only for stock and domestic purposes
  • dams up to one mega litre on small properties.

In addition to rainfall runoff harvesting, New South Wales has addressed floodplain harvesting. Floodplain harvesting is the collection, abstraction or impoundment of water flowing across floodplains.

Harvesting of on-farm rainfall runoff is not included within the definition of floodplain harvesting. However, because rainfall runoff can be harvested by the same infrastructure as floodplain abstractions, it is important to specify the regulatory distinction between the two types of water abstraction. All rainfall runoff harvesting must be in accordance with the Harvestable Rights Order by which the area is constituted as provided for under Chapter 3, Part 1, Division 2 of the Water Management Act 2000 (NSW). Within most of New South Wales, the allowable maximum harvestable right is currently 10% of average annual runoff. The runoff is primarily a function of rainfall, evaporation, soil type, topography and vegetation cover. The allowable runoff harvesting volume is converted to a Maximum Harvestable Right Dam Capacity, using a publicly available, web-based calculator. The allowable harvestable right volume of runoff will be assumed to have been abstracted and will be factored into the assessment of floodplain harvesting abstractions.

In April 2010, the New South Wales Government issued the draft New South Wales Floodplain Harvesting Policy (NSW Office of Water 2010). The draft policy outlines how floodplain harvesting abstractions will be managed within long-term average annual abstraction limits under water sharing plans and the Murray–Darling Basin Ministerial Council Cap where applicable. There will be no growth in overall abstractions on a valley-wide basis as a result of the implementation of this policy. All floodplain harvesting activities will require a water supply work approval and a floodplain harvesting water access licence issued under the Water Management Act 2000 (NSW).

Victoria

The Northern Region Sustainable Water Strategy (Department of Sustainability and Environment 2012b, Chapter 2) discusses the impacts of interception activities. Interception activities are a risk to water availability because they capture rainfall before it becomes surface runoff or groundwater recharge. These activities include small catchment dams (for farms or domestic and stock use), changes in land use and the impact of forest regeneration due to bushfires. These activities have not historically required a water entitlement (except for small catchment dams for irrigation or commercial purposes, which have required a licence since 2002). However, they can reduce the amount of water available to downstream entitlement holders and the environment.

Unlike dams for commercial and irrigation use, dams for domestic and stock use are not licensed and therefore can continue to be built without scrutiny of their impact on downstream users and the environment. In Victoria, rights to water for domestic and stock use (private rights) are specified in s8 of the Water Act 1989 (Vic).  Under this section, people are able to access water without a formal entitlement and free of charge under specific arrangements in the Act.  This includes farm dams for domestic and stock purposes.

Based on current estimates, unlicensed dams capture six per cent of the available runoff generated by landscape in northern Victoria. At a local level, the impact of unlicensed dams can be even greater.

Several actions have been listed in Chapter 4 of the Northern Region Sustainable Water Strategy (Department of Sustainability and Environment 2012b) to manage the impacts of stock and domestic use. Some key actions will be:

  • requiring the registration of all new or altered domestic and stock dams within rural residential areas and promoting sustainable use in accordance with guidelines for reasonable domestic and stock use;
  • monitoring growth in domestic and stock use
  • clarifying the need to obtain a Section 51 licence for harvesting water for uses other than domestic and stock purposes.

South Australia

The South Australia Government's Water for Good strategy (Department for Water 2011a) identifies a number of projects to increase the volume of water collected from stormwater harvesting, both within Adelaide and in rural South Australia. These projects involve storing and treating stormwater in wetlands and aquifers to improve water quality.  Only a small number of such projects are within the South Australian MDB region.

Australian Capital Territory

The Australian Capital Territory government's Think Water Act Water strategy (Australian Capital Territory Government 2011b) for sustainable water resource management in the Australian Capital Territory, outlines actions the Australian Capital Territory government plans to improve management of stormwater runoff, including adopting water sensitive urban design principles. 

Water market activity

Purpose of the note

This note reports on water market activities that occurred in the Murray–Darling Basin (MDB) region during the 2010–11 year.

Content of the note

Only surface water trade is reported for the MDB Region during the 2010–11 year. Groundwater trade is not reported as there was limited information in relation to groundwater trade (at the data collection period for the 2011 Account) within the region during the 2010–11 year.

The following information on water trades is reported in this note:

  • approved permanent trade of surface water entitlements
  • approved trade of surface water allocations
  • impact of inter-valley trade on regions' water assets and liabilities.
Surface water trade

During the 2010–11 year, no water was traded into or out of the MDB region.

Table 9 summarises permanent and temporary surface water trade within the MDB region during the 2010–11 year.

 

Table 9. Summarised information on permanent and temporary surface water trade within the MDB region during the 2010–11 year
Line item

Volume (ML)

Northern Basin

Southern Basin

Whole region

Surface water entitlement trade

35.1 Trade of surface water entitlement within region

83,837

473,245

557,082

35.2 Trade of surface water entitlement into region

0

0

0

35.3 Trade of surface water entitlement out of region

0

0

0

Surface water entitlement lease
36.1 Lease of surface water entitlement within region

Surface water allocation and tagged trade

37.1 Surface water allocation trade within region

 – within and into sustainable diversion limit areas

281,520

2,446,677

2,728,197

37.1 Surface water allocation trade within region – within and out of sustainable diversion limit areas

285,136

2,422,425

2,707,561

37.2 Surface water allocation trade into region

0

0

0

37.3 Surface water allocation trade out of region

0

0

0

– = Data not available

 

Surface water entitlement trade

Surface water entitlement trade for the MDB region was reported only under line item 35.1 Trade of surface water entitlement within region for the reporting year. This line item includes the volume of permanent entitlement sales within sustainable diversion limit (SDL) areas approved during the 2010–11 year. Trade between SDL areas is not included as there was insufficient information available on the source and destination of trades. No permanent water trade occurred between two segments (the Northern Basin and the Southern Basin) defined on the MDB region or between the segments and outside the region.

Surface water entitlement lease

No separate information is available on this trade category because of lack of information. Seasonal water flow associated with lease of surface water entitlements is included in allocation and tagged trade within the region (in line item 37.1 Surface water allocation trade within region).

Surface water allocation trade

Surface water allocation trade for the MDB region was reported only under line item 37.1 Surface water allocation trade within region for the reporting year. This line item includes the volume of allocation trade within and into (from other SDL areas) SDL areas, and within and out of (to other SDL areas) SDL areas.

No allocation trade occurred between the segments and outside the region. Trade of consumptive water between the Southern Basin and the Northern Basin is prohibited, however, a trial was undertaken in the 2010–11 year to shepherd environmental water between the Northern and Southern Basins. Water shepherding is the delivery of a volume of water from a nominated licence location to a downstream delivery location where it can be made available for use by the environment (NSW Office of Water 2012b). The water shepherding event released 7,672 ML from the Toorale Station in the Northern Basin resulting in 6,580 ML being delivered to the Great Darling Anabranch in the Southern Basin for use by the environment. This shepherding event is not reflected in the volume reported in line item 37.1 because associated water movement was not due to an allocation trade (NSW Office of Water 2012b).

Impact of trade on the region's water assets and water liabilities

All water trades occurred within the boundaries of the MDB region and no water trade crossed the boundary between the northern and southern basins.

Nevertheless, water trades between different water resource planning areas of the MDB had a significant impact on the allocations announced, diverted, forfeited and carried-over. This is reflected in the water assets and liabilities of the water resource plan area. These transactions are not reported in this note.  However, movement of water as a result of those transactions has impacted on diversions volumes (reported in line items 17.11 and 17.12 in the Water accounting statements). Liability imbalances associated with the transactions have been considered in line items 13.1 and 13.2.

 Impact of inter-valley trade on water assets and water liabilities

Water traded into or out of valleys within the MDB region impacts on the valleys' water assets and water liabilities in several ways including:

  • creation of claims and obligations between valleys
  • transfer of the obligation to deliver allocated water to the water users.

In the case of trade into a valley:

  • when the trade transaction is approved, there is the creation of a claim (non-physical water asset) by the destination valley of the trade (i.e. where the purchaser is registered), against the source valley (i.e. where the seller is registered)
  • delivery obligation is moved from the selling valley to buying valley
  • when water is physically transferred to the destination valley, it decreases its claim (non-physical water asset) against the source valley.

Creation of claims and obligations between valleys

In the case of trade out of a valley, the reverse occurs:

  • when the trade transaction is approved, there is the creation of an obligation (water liability) in the source valley of the trade towards the destination valley
  • when water is physically transferred out of the source valley, it decreases its obligation (water liability) towards the destination valley.

Note that in both cases the inter-valley transfer may occur in a subsequent water year to the year to when the trade was approved. The inter-valley transfer may be cancelled by back-trade or the inter-valley transfer account may spill which cancels the obligation to the destination valley. For instance, water traded to South Australia up to 31 March in a water year is delivered from September to April in that water year in the same pattern of delivery as the remaining South Australian monthly diversion entitlements from the month following when the trade occurred to the end of April. Water traded from 01 April to 30 June is adjusted for over the following September to April.

Transfer of the obligation to deliver water to the users

When water is traded from a source valley to a destination valley, the obligation (water liability) to deliver the allocated water to the user is transferred from the source to the destination valley. The newly created liability in the destination valley will be settled when the allocated water is diverted by the purchaser of the water trade.

Water use

a. Environmental water provision

Introduction

This note provides following details for the Murray–Darling Basin (MDB) region:

  • environmental water management instruments and strategies
  • the water management categorisations under which environmental benefits are provided. 

Information on legislative, administrative and governing arrangements of environmental water in the MDB region is available in Environmental water provisions in the Administration section of the Contextual information. It also includes information on organisations responsible for environmental water management in the jurisdictions.

In the MDB, environmental benefit is delivered through two broad management categorisations: planned environmental water and held environmental water.

Planned environmental water management is further categorised into:

  • Planned partly regulated (or supplemented) surface water – the dominant feature of environmental water management in this categorisation is the ability to control or influence flow by operational releases from storage.
  • Planned unregulated surface water– in this categorisation, water is managed for environmental benefit through controlling the water access regime.

Planned environmental water is water committed by a water resource plan or legislation to achieve environmental outcomes. The Water management plans in the Administration section of the Contextual information includes links to jurisdictional water management plans that detail planned environmental water provisions within the MDB region.

Held environmental water is water available under a water right (entitlement or allocation) for the purpose of achieving environmental outcomes.

For each categorisation, the information, if available, is structured as follows:

  • Environmental water determinations: the environmental objectives. They are represented by Environmental Water Provisions (EWP) defining specific water levels and flow criteria at key representative sites and given times that the water regime provided must meet.
  • Environmental water commitments: the instruments in place to achieve the environmental water determination, e.g. environmental water storage release rules, water access rules to limit abstractions, rules on diversion to wetlands and annual environmental watering plans.
  • Environmental water outcomes: the water regime that were provided and the extent of the compliance with respect to the criteria set in the Environmental Water Provisions (EWP) and the environmental water commitments.
Environmental water management instruments and strategies within the MDB region

General environmental water management information applicable to the MDB region can be found in the National Water Commission's Australian Environmental Water Management Report 2010 (National Water Commission 2010).

Some key features of the environmental water regime within the MDB region are:

  • Each jurisdiction has legislative goals and mechanisms for managing surface water and groundwater systems. This includes managing environmental water delivery and use across the MDB region.
  • Within each jurisdiction, the water management plans that have been developed address requirements to provide water for the environment – by setting aside volumes that cannot be extracted from the system and through releasing volumes from a storage in a controlled manner to achieve a set of conditions downstream. The restrictions on extraction also apply to groundwater systems.
  • Not all areas of the MDB region have water management plans developed and approved.
  • In addition to water management plans, other programs have been introduced by governments to increase the volume of water that is provided for the environment. For example, the Australian Government has introduced a $3.1 billion program called Restoring the Balance in the Murray–Darling Basin. The water rights acquired by the Commonwealth under this program become part of the Commonwealth environmental water holdings. These holdings are managed by the Commonwealth Environmental Water Holder (CEWH). More information about Commonwealth environmental water holdings can be obtained from the Australian Environmental Water Management Report 2011 (Commonwealth Environmental Water 2012) and the Commonwealth Environmental Water website.
  • Jurisdictions have also delivered significant water recovery programs over the last 5–6 years, such as New South Wales RiverBank, Rivers Environmental Restoration Program and Wetland Recovery Program.
  • Entitlements are held for the purpose of watering the environment as a result of the above mentioned and other programs (e.g. environmental entitlements held by the Minister for Environment in New South Wales, the Murray-Darling Basin Authority for The Living Murray program.
  • All environmental entitlements held by the Victorian Minister for Environment were transferred to the Victorian Environmental Water Holder in Victoria with effect from 1 July 2011.

Queensland

The structure of the Queensland water resource plans is primarily aimed at providing planned environmental water rather than using held environmental water.

There is no environmental water holder within Queensland. The Commonwealth government has acquired entitlements in Queensland for environmental benefit.

New South Wales

The Office of Water within the Department of Primary Industries is responsible for water licence and regulation, including oversight of planned environmental water. The Office of Environment and Heritage (OEH) within the Department of Environment, Climate Change, Energy and Water works collaboratively with many other partners to manage  environmental water in New South Wales.  Including delivery of allocations from held environmental water and utilising planned environmental water to deliver environmental benefits.

Australian Capital Territory

The Department of Environment, Climate Change Energy and Water (DECCEW) has developed Environmental Flow Guidelines 2006. The objectives set in the guidelines are met by releases from the storages, as planned partly regulated surface water management, rather than using held environmental water.

Victoria

The Victorian Minister for Environment held entitlements that could be used for environmental benefit during the 2010–11 year. From 1 July 2011 the Victorian Environmental Water Holder (VEWH) manages the water held by the Minister.  A mixture of planned environmental water, which is addressed in the Bulk Entitlements and other rules, and water entitlements are used to deliver environmental benefits.

 South Australia

The South Australian Minister for the River Murray holds River Murray entitlements that can be used for environmental purposes. In addition, the CEWH has purchased irrigation entitlements for the environment. A mixture of planned environmental water and held environmental water is delivered to improve the ecological health of the River Murray, including wetlands, floodplain and Lake Coorong. See the River Murray Water Allocation Plan for details (Government of South Australia 2009).

The Murray–Darling Basin Authority also holds entitlements in South Australia for environmental benefit.

Commonwealth environmental water programs

Information about Commonwealth environmental water management involving the Commonwealth Environmental Water Holder can be found in the Australian environmental water management report 2011 (Commonwealth Environmental Water 2012). Information about environmental water management by the CEWH can be obtained from the Australian government's Department of Sustainability, Environment, Water, Population and Communities environmental water management publications website.

The CEWH can trade Commonwealth environmental water and water holdings subject to conditions in the Water Act 2007 (Cwlth). Commonwealth environmental water holdings are published in the CEWH's Annual Report, and are updated each month on the Commonwealth environmental water holdings web site.

Information about environmental water delivery under the Living Murray Initiative can be obtained from the Murray–Darling Basin Authority's environmental delivery website.

Environmental water determination and commitment

Planned partly regulated (or supplemented) surface water

This type of environmental water delivery occurs in some river reaches in the MDB region through the active release of environmental entitlements from a storage at the direction of the respective environmental entitlement holder.

The water regime to attain at given locations on the rivers (environmental water determination) and the storage release rules (environmental water commitments) are specified in approved water sharing and management plans that are listed under Water management plans in the Administration section of the Contextual information.

Planned unregulated surface water

Environmental water determination for planned unregulated surface water categorisation is based on provisions made in approved water sharing and management plans. Water management plans in the Administration section of the Contextual information includes details of these plans within the MDB region.

Held environmental water

Entitlements listed in the following tables were available during the 2010–11 year as held environmental entitlements. 

Entitlement volumes shown reflect only those that have been recorded as being legally held (or under the administrative operations of the environmental water manager). The entitlement volumes will be subject to change as water continues to be acquired under some programs. In particular, the volumes held by the Commonwealth Environmental Water Holder will increase as more entitlements are acquired.

 

Table 10. Summary of entitlements held or owned by environmental managers in the MDB region as applicable in the 2010–11 year
Water resource plan area

State

Total volume of entitlements (ML)

Name
SW19 Warrego–Paroo–Nebine Qld 21,970
SW17 Moonie Qld 1,415
SW16 Qld Border Rivers Qld 9,725
SW15 NSW Border Rivers NSW 269
SW14 Gwydir NSW 126,532
SW13 Namoi  NSW 6,203
SW11 Barwon–Darling Watercourse NSW 7,672
SW12 Macquarie–Castlereagh NSW 123,200
Sub-total Northern Basin 296,986
SW9 Lachlan  NSW 122,037
SW8 Murrumbidgee  NSW 319,580
SW7 NSW Murray and Lower Darling NSW 635,991
SW3 Northern Victoria  Vic 315842
SW2 Vic Murray Vic 341,127
SW4 Wimmera – Mallee  Vic 41,560
SW5 SA Murray SA 112,478
Sub-total Southern Basin 1,888,615
Total 2,185,601

 

Table 11. Details of entitlements held / owed by environmental managers in the MDB region as applicable in the 2010–11 year
Water resource plan area

Sustainable diversion limit area

State

Unregulated flow entitlements1 (ML)

Supplementary entitlements1 (ML)

Regulated flow entitlements2 (ML)

Total (ML)

Name

Code

Name

Warrego – Paroo – Nebine SS 28 Warrego  Qld 16,050 0 0 16,050
SS 27 Nebine  5,920 0 0 5,920
Moonie SS 25 Moonie  Qld 1,415 0 0 1,415
Qld Border Rivers SS 24 Qld Border Rivers  Qld 1,000 0 8,725 9,725
Sub-total Queensland 24,385 0 8,725 33,110
NSW Border Rivers SS 23 NSW Border Rivers  NSW 0 0 269 269
Gwydir SS 22 Gwydir NSW 0 19,540 106,992 126,532
Namoi  SS 21 Namoi  NSW 0 0 6,203 6,203
Barwon–Darling Watercourse SS 19 Barwon–Darling Watercourse  NSW 7,672 0 0 7,672
Macquarie–Castlereagh SS 20 Macquarie–Castlereagh  NSW 0 3,340 119,860 123,200
Lachlan  SS 16 Lachlan  NSW 0 0 122,037 122,037
Murrumbidgee  SS 15 Murrumbidgee  NSW NSW 0 26,773 292,807 319,580
NSW Murray and Lower Darling SS 14 NSW Murray NSW 12,965 100,000 224,726 337,691
SS 18 Lower Darling NSW 0 250,000 48,300 298,300
Sub-total New South Wales 20,637 399,653 921,194 1,341,484
Northern Victoria SS 4 Ovens  Vic 0 0 70 70
SS 5 Broken  Vic 0 0 24 24
SS 6 Goulburn Vic 0 0 310,018 310,018
SS 7 Campaspe  Vic 0 0 0 0
SS 8 Loddon Vic 0 0 5,730 5,730
Vic Murray SS 2 Vic Murray  Vic 0 0 341,127 341,127
Wimmera – Mallee  SS 9 Wimmera – Mallee  Vic 0 0 41,560 41,560
Sub-total Victoria 0 0 698,529 698,529
SA Murray SS 11 SA Murray SA 0 0 112,478 112,478
Sub-total South Australia
0 0 112,478 112,478
Total 45,022 399,653 1,740,926 2,185,601

1 The entitlement volumes shown in the table are a subset of line item 32.2 Surface water access entitlement for direct diversion. The same line item provides other information associated with the volumes shown in the table.

2 The entitlement volumes shown in the table are a subset of line item 32.3 Surface water access entitlement for allocation diversion. The same line item provides other information associated with the volumes shown in the table.

 

Entitlement volumes shown in Table 10 and 11 reflect only those that have been recorded as being legally held (or under the administrative operations of the environmental water manager) at the time of compiling the 2011 Account. The volumes on issue of entitlements held for the environment are continually changing as more water is acquired under various programs and when water is traded between valleys. In particular, the volumes held by the CEWH increases as more entitlements are being acquired. The volumes reported in tables 10 and 11 are probably an under-estimation of the volumes on issue at the end of the 2010–11 year, as not all water recovery transactions had been settled by the time information was collected for the 2011 Account.

Environmental water outcomes

Consolidated information on water released under entitlements held for the benefit of the environment was not available for the 2011 year. Available information on environmental water outcomes primarily on held environmental water categorisation is provided here.

New South Wales

In New South Wales, the 2010–11 year was the wettest year in half a century. This meant the largest amount of environmental water ever was delivered, with 600,786 ML of held environmental water delivered to wetlands and areas of high biodiversity value.

Victoria

Information about environmental watering in Victoria for the 2010–11 year will become available in the Environmental Watering in Victoria report on Victoria's Department of Sustainability and Environment (DSE) website once published.

South Australia

The 2010–11 Department for Water Annual Report, Water Audit Monitoring Report 2010–11 and the Living Murray Environmental Watering in 2010–11 report provide information about environmental water allocation, use and management for the River Murray in South Australia.

Environmental water management for South Australia was undertaken by the staff from the Department for Water. South Australia received 306,411 ML of environmental Water for the 2010–11 year and supplied 92,000 ML from South Australia's environmental reserve, secured through the River Murray Drought Water Allocation Framework. The Lower Lakes, Coorong and Murray Mouth icon site were the highest priority for receiving environmental water.

Queensland

A summary of information about environmental watering in Queensland can be obtained from the 2010–11 year Annual Reports produced by the Department of Environment and Resource Management for each sustainable diversion limit area within the MDB. A full copy of the annual report is available on request by emailing water.monitoring@derm.qld.gov.au. Information on the environmental water held by the Commonwealth in Queensland is available from the Commonwealth Environmental Water website. Volumes delivered from Commonwealth environmental water holdings under held environmental water category was 17,465 ML (source: water audit monitoring data received from the Murray–Darling Basin Authority). Other environmental flow provisions in Queensland water resource plan areas are primarily rule based. For these provisions, delivered volume is not available.

Australian Capital Territory

No annual report is published by the Australian Capital Territory Government on environmental watering activities.

Commonwealth

The CEWH has delivered 387,000 ML of environmental water to environmental assets across the region during the 2010–11 year (this volume is included in the held environmental water delivery volumes cited for the States). Department of Sustainability, Environment, Water, Population and Communities (2012) indicates that Commonwealth environmental water contributed to some key outcomes including:

  • contributing to river flows through the Southern Basin that support key system processes including nutrient cycling and the export of salt
  • contributing to river flows that connect and support rivers, wetlands and floodplains of the Murrumbidgee, Lower Darling and Lachlan catchments
  • supporting water bird breeding at key sites across the region
  • supporting fish communities affected by blackwater in the Edward–Wakool system and the Murrumbidgee River.

Commonwealth environmental water holdings and delivery information are published in the CEWH's Annual Report (Commonwealth Environmental Water 2012), and more information on them is available in Department of Sustainability, Environment, Water, Population and Communities (2012).

Under the Living Murray program, a total of 306,983 ML of water was delivered to Murray River icon sites during the 2010–11 year, the largest volume since the program began (Murray–Darling Basin Authority 2012a). This volume is included in the held environmental water delivery volumes cited for the states. Details of environmental water delivery under the Living Murray program can be obtained from the Living Murray Environmental watering in 2010–11.

b. Social and cultural benefit

Introduction

Town water supplies are made for various purposes including residential needs, and industrial and commercial purposes. They have been categorised under the social benefit category, assuming their main purpose within the Murray–Darling Basin (MDB) region is to serve residential needs. With that assumption, water right or entitlement classes directly related to social and cultural benefits identified in the MDB region for the 2010–11 year were:

  • surface water entitlements– high security – Aboriginal cultural
  • surface water basic right – stock and domestic
  • surface water entitlements – stock and domestic
  • surface water entitlements – urban supplies
  • surface water entitlements – high security – community and education
  • groundwater basic right – stock and domestic
  • groundwater entitlements – urban supplies.

The 2011 Account assumes that the water right/entitlement class represents its purpose. However, it is likely that people use water for other activities in addition to the intended purpose of the right/entitlement class. This is the case particularly in valleys where trade has been conducted. With trades, it is possible that water moved from different classes and changed the volume for the intended purpose. The 2011 Account provides information based on the class or categorisation of rights or entitlement, but it does not provide information about where or how water was finally used.

It is also possible that water supplies made under entitlement categories other than stated in the above list have contributed to social and cultural benefits. The 2011 Account does not recognise those contributions.

Social and cultural rights

Cultural basic right allows abstraction of water by anyone who holds native title rights with respect to water, as determined under the Native Title Act 1993 (Cwlth). The right holders can abstract water for a range of needs without holding a water access licence. This includes accessing water for personal, domestic and noncommercial communal purposes such as:

  • manufacturing traditional artefacts
  • hunting, fishing and gathering
  • recreation
  • cultural purposes
  • ceremonial purposes.

Stock and domestic licences for surface water and groundwater basic rights allow the right holders to abstract water to meet basic requirements for household and stock purposes.

Urban water entitlements associated with surface water and groundwater allow water utilities and local councils to provide water for residential needs. 

Jurisdictional provisions for social and cultural water supplies

Queensland

Queensland water resource plans identify that – as outcomes for sustainable water management, among others – the following social and cultural benefits are required (Queensland Government 2009b). Water is to be allocated and managed in a way that seeks to achieve a balance in the following outcomes:

  • to make water available to support economic activity in the plan area while recognising the social and cultural values of communities in the Basin
  • to build social cohesiveness in the community by recognising the multiple users of water, including both Indigenous and non-Indigenous social and cultural needs
  • to promote improved understanding of social and cultural resources.

 Water management rules have been adopted in water resources plan areas to achieve these outcomes.

New South Wales

The vision in the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003 is to provide for equitable sharing of limited water resources to sustain a healthy and productive river, to contribute to the welfare and well-being of Murrumbidgee regional communities.

The objectives of the Murrumbidgee plan are to:

  • protect basic landholder rights, as specified in the Water Management Act 2000, including native title rights
  • protect town water supply
  • provide for identified recreational water needs
  • protect identified Indigenous and traditional uses of water.

Town water supplies are protected by water access licences. In addition, the Murrumbidgee plan also makes provisions for regulated river – high security – Aboriginal cultural supplies.

Other water sharing plans that have commenced in New South Wales have similar visions and objectives with respect to social and cultural benefits.

The New South Wales plans have also generally adopted an approach that indicates sites of Aboriginal significance, including wetlands, are managed through the environmental watering regime. No information was available to identify volumes directed to Aboriginal sites of significance in the 2010–11 year.

 Australian Capital Territory

Limited information was available to explain how the Australian Capital Territory addresses the social and cultural benefits of water.

An objective of the Water Resources Act 1998 (ACT) is to ensure that the use and management of the water resources of the Australian Capital Territory sustain the physical, economic and social well-being of the people of the territory while protecting the ecosystems that depend on those resources.

Victoria

Some of the strategies for managing water for social benefit in Victoria are addressed through the:

  • Victorian Permanent Water Saving Rules
  • incentive and rebate schemes
  • actions to increase water recycling and alternative water supplies
  • stormwater and urban water recycling projects
  • upgrading of existing treatment facilities.

South Australia

The Water Allocation Plan for the River Murray Prescribed Watercourse sets out provisions for country towns and urban supplies. It also prescribes an allocation for recreation class.

Information on rights and water use related to social and cultural benefits

Rights related to social and cultural aspects, and relevant water use in the 2010–11 year in the MDB region are listed in the following table.

 

Table 12. Distribution of water rights and use related to social and cultrual benefits in the MDB region for the 2010–11 year
Type of water supply

Type of water right

Entitlement class

Water right (ML)

Volume used in the 2010–11 year (ML)

Line item for details of water right

Line item for details of water used

Remarks

Surface water rights            
Cultural water supplies Surface water access entitlement for allocation High security – Aboriginal cultural 450

32.3 Surface water access entitlement for allocation

17.11 Surface water allocation diversion

Only for Murrumbidgee SDL area in  NSW
Social water supplies Surface water basic rights  na 47,286 47,286

32.1 Other statutory surface water rights

17.6 Diversions: other statutory rights

Only for NSW
Surface water access entitlement for direct diversion Stock and domestic 757

32.2 Surface water access entitlement for direct diversion

17.7 Non-allocated diversions to users

 
Urban supplies 7,318 20,544

17.8 Non-allocated diversions – urban water system

For some SDL areas, entitlements for urban supplies are included in other entitlement classes: separate information is not available.
Surface water access entitlement for allocation Stock and domestic 89,144 42,382

32.3 Surface water access entitlement for allocation

17.11Surface water allocation diversion

Information only for NSW and SA
High security – community and education 12 Only for Murray SDL area in NSW
Domestic, stock and urban supplies 3,242 For Northern Mallee supplies in Vic Murray SDL area
Urban supplies 566,933 267,384

17.12 Surface water allocation diversion – urban water system

Water right information applies to all jurisdictions. However, water use information for Qld (included in line item 17.11) is excluded.
Total known/applicable surface water rights   714,680 378,058      
Groundwater rights            
Social water supplies Groundwater – stock and domestic, and other lumped basic right na 23,683 23,683

33.1 Other statutory groundwater rights

18.7 Extraction – other statutory rights

 
Groundwater access entitlement for allocation extraction Stock and domestic

33.3 Groundwater access entitlement for allocation extraction

18.11 Groundwater allocation extraction

 
Urban supplies 10,386

18.12 Groundwater allocation diversion – urban water system

 
Total known/applicable groundwater rights   23,683 34,069      
Total known/applicable   738,363 412,127      
– = no separate information is available, na = not applicable