Daly
Water access and use
Water rights, entitlements, allocations and restrictions
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 and abstractions.
The 2014 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 2014 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 2013–14 year have been classified as shown below.
Surface water rights
In the Daly region, surface water rights were equal to 100% of the entitlement.
The volumes of surface water allocation and abstraction for the 2013–14 year compared with the previous two years are shown in Figure 1. The percentage shows the ratio of abstraction to the allocation announcement.
Figure 1 Surface water allocation and abstractions in the Daly region for the years ending 30 June 2014, 2013 and 2012
Figure 1 shows there was an increase from previous years in the number and volume of licences granted by the Controller of Water Resources during the 2013–14 year. For a more detailed explanation of this increase in licence volume refer to the Department of Land Resource Management's website. The increase in licence volume coincided with a decrease in use for the current reporting period for both individual users and the urban water system. In general, favourable rainfall conditions towards the end of the wet season (Jan–Feb) increased soil moisture and water availability in the region, and reduced reliance on water supplied directly from the Daly River system during the dry season. As the surface water management licences in the Daly region run from 1 May-30 April each year, in order to align with the National Water Account reporting year the diversions quantified in the above graph represent volumes that were diverted from surface water in June 2013–April 2014 and May–June 2014. Allocation volumes refer to the amount that was announced on 1 May 2014. To reconcile the water liabilities, diversions made from 1 July 2013–30 April 2014 are quantified as an adjustment and forfeiture in the water accounting statements. Diversions during this period for individual users was reported as 263 ML and for the urban water system the volume diverted from rivers was 2,024 ML. It was estimated that 5,369 ML was diverted from the Daly river system under other statutory rights, this is considered a basic water right and there is no allocation associated with this diversion.
Groundwater rights
In the Daly region, groundwater allocations were equal to 100% of the water access entitlement.
The volumes of groundwater allocation and abstraction for the 2013–14 year when compared with the previous two years, are shown in Figure 2. The percentage shows the ratio of abstraction to the allocation announcement.
Figure 2 Groundwater allocations and extractions in the Daly region for the years ending 30 June 2014, 2013 and 2012
Similar to the surface water licences, the groundwater licences in the Daly region increased during the 2013–14 year. The percentage shows the ratio of actual water extraction to allocation announcements.
The actual extraction of allocated groundwater during the 2013–14 year compared with the 2012–13 and 2011–12 years is shown in Figure 2 and reveals an estimated decrease in groundwater use when compared to previous years.
As the groundwater management licences in the Daly region run from 1 May-30 April each year, in order to align with the National Water Account reporting year the diversions quantified in the above graph represent volumes that were extracted from groundwater in June 2013–April 2014 and May–June 2014. Allocation volumes refer to the amount that was announced on 1 May 2014. To reconcile the water liabilities, diversions made from 1 July 2013–30 April 2014 are quantified as an adjustment and forfeiture in the water accounting statements. Extractions during this period for individual users was reported as 19,062 ML, and for the urban water system 509 ML was abstracted. It was estimated that 4,280 ML was abstracted from groundwater under other statutory rights. Extractions made under statutory rights are considered a basic water right and therefore no allocation is associated with this use.
Water use
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 Supporting information for the water accounting statements.
Social and cultural benefit
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.
'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.' (Department of Natural Resources, Environment, the Arts and Sport 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 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. It was noted that 'fish and fishing in Aboriginal societies has multiple values' beyond their economic value. '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'.
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.
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 is 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 (Department of Natural Resources, Environment, the Arts and Sport 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.
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.
The water plans align requirement for protection of the environment with those of cultural values by providing provisions for environmental flows to maintain the condition of places that are valued by Aboriginal people for cultural purposes.
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. 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 (Department of Natural Resources, Environment, the Arts and Sport 2009a).
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.
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 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).
Environmental benefit
Environmental water provision in the Daly region comes under the following environmental water management scenario: planned unregulated water.
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'.
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:
- 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.
- 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 m3/s. 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 m3/s, 80% of annual discharge from this water source represents 44,511 ML.
- 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:
- 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.
- 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'.
Tindall limestone aquifer, Katherine
The 2013–14 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 2013–14 year for the Tindall aquifer of 31,310 ML for individual users and 4,076 for the urban water system.
It should be noted that the actual observed streamflow on 1 November 2013 at G8140001 Katherine River at Katherine Railway Bridge was around 1.472 m3/s which indicates the volume of water for environmental benefit met the minimum requirements.
Oolloo Aquifer
During the 2013–14 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.