Daly
Water access and use

Water rights, entitlements, allocations and restrictions

a. Introduction

This note provides information about the water access rights granted by the jurisdiction to the users of the region's water resources and the associated allocation announcements, diversions, adjustments and forfeitures.

The 2013 Account acknowledges that the legislative water resource management frameworks relating to Australian water rights vary greatly across jurisdictions, sometimes making comparisons difficult. To facilitate meaningful comparisons between the water accounting reports included in the 2013 Account, the Bureau of Metoerology has developed and applied an accounting concept to classify and report water entitlements within a water asset/water liability framework.

According to that framework, water rights for the Daly region for the 2012–13 year have been classified as shown in Tables 1 and 2.

b. Surface water rights

Table 1 summarises the surface water rights for the Daly region, including surface water allocations, abstractions, forfeitures and adjustments during the 2012–13 year.

The total water allocation announcement is assumed to equal 100% of the annual entitlement.

 

Table 1  Summarised information on surface water rights, allocations, abstractions, adjustments and forfeitures for the Daly region during the 2012–13 year

Water rights (at 30 June 2013)

Water allocation (2012–13)

Water abstraction (2012–13)

Adjustment and forfeiture (2012–13)

Account line item

Volume (ML)

Account line item

Volume (ML)

Account line item

Volume (ML)

Account line item

Volume (ML)

32.3 Surface water access entitlement for allocated diversions

7,017

21.1

3,600

17.11

745

13.1

3,053

21.2

3,417

17.12

2,454

13.2

1,012

Total

7,017

 

7,017

 

3,199

 

4,065


The actual abstraction of allocated water during the 2012–13 year compared to the 2011–12 year is shown in Figure 1. The percentage shows the ratio of actual water abstraction to allocation announcements.


Figure 1 Comparison of surface water allocations and abstractions in the 2012–13 year to the 2011–12 year
Figure 1 Comparison of surface water allocations and abstractions in the 2012–13 year to the 2011–12 year


Figure 1 shows that the allocation announcements for surface water diversion during the 2012–13 year were relatively similar to last year. Surface water abstractions for both individual users and the urban water system in the 2012–13 year have increased slightly compared to the 2011–12 year.

More information about the items presented in Table 1 is provided in the linked line item notes.

c. Groundwater rights

Table 2 summarises the groundwater rights for the Daly region, including groundwater allocations, abstractions, adjustments and forfeitures during the 2012–13 year.

The total water allocation announcement is assumed to equal 100% of the annual entitlement.

 

Table 2  Summarised information on groundwater rights, allocations, abstractions, adjustments and forfeitures for the Daly region during the 2012–13 year

Water rights (at 30 June 2013)

Water allocation (2012–13)

Water abstraction (2012–13)

Adjustment and forfeiture (2012–13)

Account line item

Volume (ML)

Account line item

Volume (ML)

Account line item

Volume (ML)

Account line item

Volume (ML)

33.3 Groundwater access entitlement for allocated extractions

64,175

22.1

60,099

18.11

11,773

14.1

47,360

22.2

4,076

18.12

740

14.2

3,335

Total

64,175

 

64,175

 

12,513

 

50,695


The actual abstraction of allocated water during the 2012–13 year compared to the 2011–12 year is shown in Figure 2. The percentage shows the ratio of actual water abstraction to allocation announcements.


More information about the items presented in Table 2 is provided in the linked line item notes.


Figure 2 Comparison of groundwater allocations and abstractions in the 2012–13 year to the 2011–12 year
Figure 2 Comparison of groundwater allocations and abstractions in the 2012–13 year to the 2011–12 year


Figure 2 shows that the allocation announcements for groundwater extraction during the 2012–13 year remained unchanged from last year. Groundwater abstractions to individual users decreased by 4% and 1% for the urban water system.

More information about the items presented in Table 2 is provided in the linked line item notes.

Water use

a. Environmental benefit

Introduction

Environmental water provision in the Daly region comes under the following environmental water management scenario: planned unregulated water.


Environmental water legislation

The perennial nature of both the Katherine and Daly rivers is maintained throughout the year by groundwater discharge from the Tindall and Oolloo aquifers. These river flows are critical for both environmental purposes and social and cultural values as they protect a variety of dependant ecosystems and maintain flow at a number of culturally important sites.

Both the Water Allocation Plan: Tindall Limestone Aquifer (Katherine) and the Water Allocation Plan: Oolloo Aquifer (draft) make provisions to maintain environmental flows in the Katherine and Daly rivers based on findings by DIPE 2004. This report provides recommendations for the maintenance of minimum streamflows to protect aquatic flora and fauna and ensure that riparian vegetation is supplied at times of extreme water stress. These plans also recognise that social, cultural, and environmental values are often intrinsically linked and in accordance with Section 22B of the Northern Territory Water Act 1992 (the Water Act), have recognised water for environmental and cultural benefit as a beneficial use.

Further information on the Daly region's environmental water legislation is provided in the Environmental water management section of the 'Contextual information'.


Environmental water provisions

Tindall limestone aquifer, Katherine

Part 4 of the Water Allocation Plan: Tindall Limestone Aquifer (Katherine) describes the environmental provisions in place to preserve the groundwater discharge from the Tindall aquifer flows into the Katherine and Daly rivers. Due to the highly variable rainfall of the region the plan has made provisions for three different scenarios; very dry, dry, and normal to wet years. Recharge rates and groundwater discharges in each of these scenarios has been defined using modelled flow rates on 1 November.

The Tindall Plan includes the following environmental provision:

  1. During very dry years, 87% of the groundwater discharging into the Katherine River is to be reserved for environmental and other river-based public benefit outcomes while 13% is to be available for extraction. Very dry years are defined as those years for which modelling predicts that on 1 November the flow at G8140001 Katherine River at Katherine Railway Bridge, will be less than or equal to 0.6 m3/s. Modelling indicates that at a 1 November instantaneous flow of 0.6 m3/s, 87% of annual discharge from this water source represents 29,043 ML.
  2. During dry years, 80% of the groundwater discharging into the Katherine River is to be reserved for environmental and other river-based public benefit outcomes, whilst 20% is to be available for extraction. Dry years are defined as those years for which modelling predicts that on 1 November the flow at Katherine River at G8140001 Katherine Railway Bridge will be greater than 0.6 m3/s and less than or equal to 1 cumec. Modelling indicates that at a 1 November instantaneous flow of 0.7 m3/s, 80% of annual discharge from this water source represents 31,088 ML, and that at a November 1 instantaneous flow of 1 cumec, 80% of annual discharge from this water source represents 44,511 ML.
  3. During normal to wet years, 70% of the groundwater discharging into the Katherine River is to be reserved for environmental and other river-based public benefit outcomes whilst 30% is to be available for extraction. Normal and wet years are defined as those years which modelling predicts that on 1 November the flow at G8140001 Katherine Railway Bridge will be greater than 1 m3/s. Modelling indicates that at a 1 November instantaneous flow of 1.1 m3/s, 70% of annual discharge from this water source represents 42,842 ML, and that at a 1 November instantaneous flow of 2 m3/s, 70% of annual discharge from this water source represents 77,895 ML.

Further details can be found in the Water Allocation Plan: Tindall Limestone Aquifer (Katherine).


Oolloo aquifer

Part 4 of the Water Allocation Plan: Oolloo Aquifer (draft) describes the environmental provisions in place to preserve the groundwater discharge from the Oolloo aquifer into the Katherine and Daly rivers.  Using directly related research by DIPE 2004 and Chan et al. 2010, the plan outlines the percentage of discharge that is to be reserved for environmental flows during average to above average rainfall or below average rainfall years.

The draft plan for the Oolloo aquifer places annual extraction limits based on modelled 1 November streamflow at G8140040 Daly River at Mount Nancar for Oolloo North 1 zone, G8140040 Daly River at Oolloo Crossing for the Oolloo North 2 zone and at G8140067 Daly River at upstream Dorisvale Crossing for the Oolloo Southern zone.

The environmental provisions proposed in the plan are:

  1. The total amount of annual discharge from this water source that will be preserved for environment, cultural and other public benefit outcomes in the water accounting year immediately following average and above average rainfall years will be a proportion of discharge that contributes to more than or equal to 80% of natural streamflow at Dorisvale, Oolloo Crossing, and Mount Nancar as calculated by the model based on the previous year's wet season (1 November–30 April). For the purpose of this plan, average and above average rainfall years are when modelled streamflow is more than 6.2 m3/s at Dorisvale and and/or 12 m3/s at Oolloo Crossing.
  2. The total amount of annual discharge from this water source that will be preserved for environment, cultural and other public benefit outcomes in the water accounting year immediately following below average rainfall years will be a proportion of discharge that contributes to more than or equal to 92% of natural streamflow at Dorisvale, Oolloo Crossing and Mount Nancar as calculated by the model based on the previous year's wet season (1 November–30 April). For the purpose of this plan, below average rainfall years are when modelled streamflow is equal to or less than 6.2 m3/s at Dorisvale and/or 12 m3/s at Oolloo Crossing and Mount Nancar.

 

Further details can be found on in the Water Allocation Plan: Oolloo Aquifer (draft) and the Environmental water management section of the 'Contextual information'.


Environmental water outcomes

Tindall limestone aquifer, Katherine

The 2012–13 year was classified as a normal to wet year. Predicted streamflow on 1 November at G8140001 Katherine River at Katherine Railway Bridge in a normal to wet year is between 1–2 m3/s. Part 4 of the plan states that 30% of the water source that contributes to the flow at Katherine River is available for extraction (the remaining 70% is reserved for environmental water and other river-based public benefit). The predicted flow of 1–2 m3/s equates to a volume of approximately 18,000–33,000 ML being available for extraction from the aquifer. The allocated volume for the 2012–13 year for the Tindall aquifer of 30,150 ML (see 22.1 Groundwater allocation announcements) is within this range.

It should be noted that the actual observed streamflow on 1 November 2012 at G8140001 Katherine River at Katherine Railway Bridge was around 1.5 m3/s, which indicates the volume of water for environmental benefit exceeded the minimum requirements.

Oolloo Aquifer

During the 2012–13 year the Water Allocation Plan: Oolloo Aquifer (draft) was still in draft stage and consequently the provisions of this plan have not yet been implemented.

b. Social and cultural benefit

Introduction

The purpose of this note is to provide information about cultural water in the Daly region. Its scope includes a brief description of the social and cultural rights, customs and associated objectives; the processes used to incorporate consideration of these values into plans; and details of provisions for cultural water.  

Description

'For Aboriginal groups in the Daly River region, water resources are highly significant to their way of life, identity and family history. Many of the sacred sites recorded within the Daly region are associated directly with the Daly River and its tributaries. Aboriginal people rely on the Daly River being kept in good health as it is used for drinking purposes, fishing and collecting food, fibre and medicines. Aboriginal people also have customary obligations associated with water including responsibility of keeping the water clean, protecting access to particular places along the river, protecting cultural knowledge, providing cultural education and sharing songs and stories involving the river.' (NRETAS 2010a).

Aboriginal peoples have never drawn a distinction between the land and the waters that flow over, rest upon or flow beneath it. The land and waters are equal components of 'country', all that require care and nurturing, and for which there are on-going responsibilities (Lingiari Foundation 2002). This explains to some extent the difficulties for Aboriginal people of the requirement to quantify water volumes and values for the purposes of sharing water amongst various users (CSIRO 2009).

Traditions in the Daly remain vibrant as a result of social action and recounting of stories which convey the meaning and enduring significance of water (Northern Land Council and Aboriginal Areas Protection Authority 2004). For the Aboriginal people in the Daly region cultural interaction with the landscape and economic needs are met through 'land management practices, ceremonial activities, hunting, fishing and bush tucker collection' (Jackson 2004). The contemporary use of cultural water sites is influenced by a number of factors such as access, the condition of places and cultural knowledge (Cooper and Jackson 2008). Aboriginal people with non-traditional ownership interests in the Daly region also have cultural interests in water.

The importance of the use of wild resources found in rivers and wetlands in the Daly region (amongst others) was investigated by Jackson et al 2011. The spatial and temporal pattern of resource use was mapped and the value to households of contributions of aquatic species harvest was estimated using replacement value. It was noted however that 'fish and fishing in Aboriginal societies has multiple values' beyond their economic value (Jackson et al. 2011). 'Aboriginal people value aquatic ecosystems in a number of inter-related ways; they provide bush foods, art and craft materials and medicines; they are part of a socially and culturally significant landscape, and have the potential to sustain future water-related businesses and employment' (Jackson et al. 2011).

Highlighted findings from the Jackson et al. 2011 study include:

  • In the Daly River catchment harvesting sites were identified along the Daly River, tributaries and low lying floodplain areas.
  • Surveyed households in the Daly River reported 1.52 harvesting trips per fortnight. The frequency is lowest during the wet season.
  • Harvesting activities in the Daly concentrated on the main river channel during the Wet season and billabongs during the dry season.
  • Long-necked turtle are the species harvested and consumed in the highest numbers. Four of the top five species harvested in the greatest numbers are non-fish species. Black bream is the only fish species in the group.
Plan-making and consultation

In the Northern Territory there is a general requirement for investigation and analysis of resources for establishing and providing a water advisory committee, but there are no specific provisions for public consultation. In practice, the interests of Aboriginal people in water planning are represented by their participation in water-planning processes and through the conduct of studies and assessments which are used to inform the development of water plans. 

The Daly River Community Reference Group was set up in 2004 to identify and examine the environmental, social, economic, cultural, and heritage values of the region and 'the special connection of the Aboriginal Traditional Owners have to the land' (Jackson and O'Leary 2006). The Daly River Management Advisory Committee has succeeded the community reference group and continues to be an important forum for community input into the regions' planning.

The Daly River Aboriginal Reference Group is the peak body for Aboriginal people in the Daly region and is a subcommittee to the Daly River Management Advisory Committee and has representation on it (NRETAS 2012). 

The Katherine Water Advisory Committee is also a subcommittee of the Daly River Management Advisory Committee. It has representatives from a wide range of stakeholder groups and has provided advice to government on the formulation of the Water Allocation Plan: Tindall Limestone Aquifer (Katherine).

The Daly River Management Advisory Committee is the advisory committee for the Oolloo aquifer water allocation plan (draft). The advice of the Daly River Aboriginal Reference Group was also provided for the draft Oolloo plan.

Water allocation plan provisions

Each of the water allocation plans described in 'Water management plans' of the 'Contextual information' make the following provision for Aboriginal water in the Daly region. The plans:

  • recognise Aboriginal rights and interests in water
  • provide for Aboriginal interests through measures to limit extraction of groundwater
  • have an underlying premise that the maintenance and protection of environmental flows will ensure the protection of cultural sites and uses
  • acknowledge that the adequacy of this approach is to be tested
  • provide for monitoring and additional studies to improve the information upon which cultural water provisions are based
  • commit to taking new information into account in the five-year review of the plans
  • include mechanisms for the creation of water allocations to Aboriginal purposes in particular circumstance.

All three plans in the Daly region recognise that the groundwater resources of the region 'contributes to the perennial nature of surface water flows in the Katherine and Daly rivers which is critical for maintaining ... the condition of places that provide physical and spiritual fulfilment to Aboriginal people.' 

The water plans align requirement for protection of the environment with those of cultural values. 'Provision of discharge for environmental protection will also maintain the condition of places that are valued by Aboriginal people for cultural purposes' (NRETAS 2009a).

Under the Water Act, water allocation plans in the Northern Territory must be reviewed at least once every five years. The Tindall Limestone (Katherine) plan is due to be reviewed in 2014. Amongst other things the review will consider the outcomes of monitoring programmes and research findings, in particular Tropical River and Coastal Knowledge (TRaCK) projects in the Daly region (NRETAS 2009a).

If the review identifies a need to increase provisions for environmental, cultural, and other instream public benefit outcomes, extraction limits may be modified. On the other hand, if more water is made available through an increase in extraction limit or amendments to licences the provision of water for Aboriginal commercial development is just one of four activities to be allocated water without a clear priority between them (NRETAS 2009a).

Tindall Limestone Aquifer

The Water Allocation Plan: Tindall Limestone Aquifer (Katherine) and the Water Allocation Plan: Tindall limestone aquifer (Mataranka) (draft) make provisions for Aboriginal water for the Tindall Limestone Aquifer.

Part 3 of each plan details outcomes, objectives, strategies and performance indicators. Identified outcomes of each plan include:

  • Ecosystems dependent on the Tindall aquifer, which are important for biodiversity, tourism, aesthetics, recreation and cultural values, including those within springs and the Katherine and Daly rivers, are to be preserved in good condition.
  • Aboriginal people to have access to water from the Tindall aquifer for commercial development.
  • Water dependent sites with identified Aboriginal cultural importance, including the Katherine Hot Springs, are to be preserved.

The protection of environmental and cultural values associated with the Tindall limestone aquifer is provided for in the Water Allocation Plan: Tindall Limestone Aquifer (Katherine) and the Water Allocation Plan: Tindall limestone aquifer (Mataranka) (draft) through strategies to:

  • Protect low flows in the Katherine River, in order to maintain stream connectivity and contribute to the provision of minimum environmental flows in the Daly River.
  • Maintain spring discharge to the Katherine River from the Tindall aquifer, including the Katherine Hot Springs which have cultural significance.
  • Improve understanding of cultural water needs to ensure sufficient water is provided for this purpose.
  • Adjust the extraction limit on an annual basis, based on rainfall and recharge, to ensure that environmental flows continue to be protected in drier years.

The two water allocation plans for the Tindall aquifer recognise that due to a lack of knowledge of cultural requirements and other influencing factors such as pending native title claims, the needs for cultural water may change. The plans make provisions to take into account findings from monitoring programmes, desktop studies and social studies. Provisions for future economic development are detailed in Future outlook.

Oolloo aquifer

The purposes of the Oolloo aquifer water allocation plan (draft) are:

  • identifying a process based on community values for dealing with future water requirements
  • supporting economic development opportunities, including Aboriginal landowner use
  • initiating strategies for sustainably managing water and the taking of water from this water source
  • initiating strategies for the ongoing protection of environmental and cultural values associated with this water resource.

The Northern Territory approach of reserving at least 80% of annual recharge for environmental and other public benefit outcomes has been adopted in the Oolloo (NRETAS 2012). The quantity of water available for extraction for consumptive uses depends on whether the rainfall is above or below average rainfall.  

Part 3 of the Oolloo draft plan defines outcomes expected of the plan. Key outcomes include:

  • The significance of this water source to Aborignal people, including places of significance under traditional laws, customs, and practices is recognised.
  • Water quality of this source is maintained at a level suitable for the beneficial uses including cultural uses.
  • Aboriginal landowners have access to water from this water source for economic development purposes.
  • Ecosystem services provided by the water source for the benefit of uses, including cultural values, are recognised and protected.

The draft Oolloo plan includes provision for a monitoring programme. It includes a study into cultural flows and values associated with the water source to identify sites of significance, their water requirements, and the degree to which they have been met by the provisions of the plan. The review of the draft Oolloo plan will consider the outcomes of monitoring programme and research findings, in particular TRaCK projects in the Daly region. 

Aboriginal-owned water licences

Aboriginal communities hold a number of licences under the Water Act in the Tindall aquifer water allocation plan area with a total volume of 411 ML/yr. These are for agriculture and industry purposes. The Kalano community has a high security licence and a NT Portion 1533 medium security licence. The Kalano community (Warlpiri) also holds a medium security licence (O'Donnell 2011).

c. Economic benefit

Surface water and groundwater resources within the Daly region are used for public water supply as well as private water supply for purposes such as agriculture and industry. For a summary of the water volumes allocated for various economic purposes within the region, including the actual volumes abstracted, refer to line items 32.3 Surface water access entitlement for allocated diversions and 33.3 Groundwater access entitlement for allocated extractions.