Canberra: Water rights
Water in the region can only be taken when a licence is issued. Licences to take water are administered by the Environment, Planning and Sustainable Development Directorate for Australian Capital Territory and by Department of Industry, Lands and Water for the NSW portion of the region. Total water access entitlement in the region is 82,046 ML, from which 71,000ML is for urban water supply.
For further information on the region's water management scroll down this page or click on the links below:
Operating rules and constraints
Urban water restrictions
Icon Water, with the approval of the Australian Capital Territory (ACT) Government, can impose urban water restrictions in the Canberra region.
The ACT Water Strategy 2014–44: Striking the Balance (ACT Water Strategy) will guide management of the Territory’s water supply, management, and catchment practices over the next 30 years. The ACT Water Strategy builds on the achievements of the original ACT Water Strategy, Think Water, Act Water. During 2016–17, there were no water restrictions; however, permanent water conservation measures remain in place.
Murray–Darling Basin cap
The Murray–Darling Basin Cap (the Cap), was established in 1995, and has provided a framework for water sharing in the Murray–Darling Basin region. The Cap aims to limit yearly diversions to the volume that would have been diverted at the 1993–94 development level plus allowances. The Cap does not restrain groundwater diversions.
The Cap is managed in accordance with the set of formal rules in Schedule E of the Australian Government Water Act 2007 (Water Act). It is managed based on diversion limits set at the valley level, with the designated Cap valleys defined in Schedule E to the Water Act. The implementation of the Cap within a State or Territory is the responsibility of the concerned Government. The Murray–Darling Basin Authority (MDBA) accredits Cap models for Cap compliance and assesses compliance of states and territory annually. The MDBA also audits Cap models and reports Cap compliance.
The Basin Plan adopted in November 2012, aims to balance the water needs of the environment and other uses through the introduction of 29 surface water sustainable diversion limit (SDL) resource units, 66 groundwater SDL resource units and 7 deep groundwater SDL resource units for the whole region. It is anticipated that in coming years those valleys managed under the Cap framework will transition to management within an SDL framework as set in the Basin Plan.
The Figures R11 and R12 show the SDL resource units covering the Canberra region. The water abstraction limit will be determined by the relevant SDLs under the Basin Plan.
Figure R11 Surface water sustainable diversion limit (SDL) resource units in Canberra region
Figure R12 Groundwater sustainable diversion limit (SDL) resource units in Canberra region
Water entitlements and other statutory water rights
In the Canberra region, total water entitlement is 82,056 ML that consists of surface water entitlement (76,754 ML), groundwater entitlement (2,890 ML) and combined surface water and groundwater entitlement (2,412 ML) for 2016–17 year.
ACT
A water access entitlement is a statutory instrument issued under the Water Resources Act 2007 (ACT) and represents a share of the water resources controlled by the ACT. It is expressed as either:
- a volume; or
- a percentage share of the water available in a defined water management area (WMA) according to the current water sharing plan.
If a water access entitlement is defined as a percentage share of the total water available within the WMA, then the actual volume of this resource may decrease when the total water available is revised. There is no statutory review process for water access entitlements at present, but this may alter with changes brought about through the Basin Plan. Administrative reviews are currently driven by availability of the water resource or through assessment of the environmental flow guidelines, which are evaluated every five years.
Icon Water holds the main water access entitlement (71,000 ML/year) for the purposes of urban water supply to the Canberra region.
The types of water access entitlements issued by the ACT Environment, Planning and Sustainable Development Directorate are described in Table R3.
| Type of water access entitlement | Description |
| surface water | Specifies the volume of surface water that the holder is entitled to use from a WMA, on an annual basis. |
| groundwater | Specifies the volume of groundwater that the holder is entitled to use from a WMA, on an annual basis. |
| groundwater and surface water | Specifies as a single total the combined volume of groundwater and surface water that the holder is entitled to use from a WMA, on an annual basis. For these types of water access entitlements, an associated licence may specify the amount that can be extracted as groundwater with the remaining volume being available from surface water. |
| urban water utility | Specifies the volume of water that the holder is entitled to use on an annual basis for the purpose of urban water supply to the Canberra region. |
In addition to the water access entitlement, a separate licence is required to abstract water. The licence states the location from which water can be abstracted and used. Conditions related to the abstraction and use of that water are controlled by the ACT Environment, Planning and Sustainable Development Directorate.
Within the ACT, some basic water rights exist that do not require a water licence. These include:
- abstraction of surface water for stock and domestic purposes, which does not require a licence if the water is collected from the lessee's property or where the property directly abuts a waterway
- rainwater harvesting via a rainwater tank installed in accordance with a development approval under the ACT Planning and Development Act 2007, or a tank that is exempt from that Act
- various short-term water uses as detailed in the Water Resources Regulation 2007 (ACT).
NSW
The Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources (New South Wales Office of Water 2012a), under the Water Management Act 2000 which commenced in 2012, covers the Canberra region. All NSW surface water licences specify the volume that may be abstracted by the entitlement holder. Each licence has purposes attached to it. These purposes are given a proportion of the overall licence entitlement. These licences are also attached to the land. There was no metering of usage in place for these licences during the reporting period.
Water allocations
All water entitlement holders are entitled to abstract water as specified in the licences subject to environmental flow conditions and unless restrictions are placed on them by their relevant State/Territory authorities (authorities include the ACT Environment, Planning and Sustainable Development Directorate and Department of Industry, Lands and Water). Restrictions may be placed on water abstractions when the flow is unavailable. For the NSW portion of the Canberra region, water allocation details are given in the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources (New South Wales Office of Water 2012b), under the Water Management Act 2000.
Trades and water rights transfers
Water market rules: interstate trading
ACT
The Water Resources Act 2007 allows for interstate trades; however, the required mechanisms are not yet in place for this trading to occur.
NSW
There are no interstate trades of water permitted in the NSW-administered area of the Canberra region.
Water market rules: inter-valley and within-valley trading
ACT
The Water Resources Act 2007 allows for inter–valley trades. Water access entitlements can be traded within and between WMAs; however, water licences cannot be traded. Water access entitlement trade between WMAs can only occur if the licence amount in the receiving WMA is not fully developed. Groundwater entitlements are tradeable on the same basis as surface water entitlements.
NSW
Inter-valley trading rules are defined in State legislation, water resource plans, and the Murray–Darling Basin Agreement.
Within valley trading rules are also defined in State legislation and water resource plans. Surface water trading within valleys is usually available within regulated systems. Groundwater trading within an aquifer is available in the developed water resource plan.
Restrictions on trade
ACT
Icon Water holds the urban water access entitlement from ACT Environment, Planning and Sustainable Development Directorate without any charge. Trading of this entitlement or allocated water is not allowed.