GWYDIR VALLEY IRRIGATORS ASSOCIATION

News

For members who have transitioned, multi-sensor MACE series 3 meters and cannot currently connect a suitable Local Intelligence Device (telemetry) to this meter, please use this Ministerial Exemption request.  Action this request with the Department to (1) highlight the extent of the issue within the industry, (2) highlight the market failures in coming up with a solution (3) executing all your effort to be compliant before the next round of metering compliance updates.  

For businesses with multiple sites, please just provide a table of the key pieces of information being the work approval, the type of meter, the number of sensors and the water sharing plan region. 

Request this information is marked on the DQP portal for record keeping. 

For members who do not have network coverage to connect their telemetry device to the DAS, please use this letter to request a Ministerial Exemption.  This must be formalised to DPIE, so they (1) have a clear indication of how many sites do not have connectivity and (2) provides you a clear pathway post 1 December 2021 for compliance.  Ensure this request is noted in the DQP portal for record keeping.

For inactive water users who do not need to use their work for stock and domestic purposes, or water users without any infrastructure installed you can mark your site inactive, to remove the requirement for metering obligations. 

The form required to be lodged with WaterNSW is the Application to amend approval as inactive or active works.  All inactive sites are charged for their water use on a one-part tariff, even though you are not using the water. 

To use this work for irrigation purposes, you will need to upgrade the site to meet all regulatory obligations like metering and also apply to mark the site active again. In some cases this may requirement further assessment by WaterNSW and will incur fees. 

This option is explained in our video, 'Making Administrative Changes to my Work Approval' via vimeo https://vimeo.com/showcase/8853111

NSW Policy Clarification

NSW Government announced a clarification for water users who's works installed on the ground are less than the dimensions on their final work approval, which will mean no amendment to the work approval is required in these circumstances.  You will need to make an administrative change to nominate your installed works as well as, what you are approved to have, allowing you in the future, to upgrade the works to this approved capacity. 

This is a great outcome for those water users who do not want to amend their works.  For those that are happy to amend and adjust their work approval, or are required to because the work is greater than their approval then continue to action this with WaterNSW.

WaterNSW will inform customers regarding this new process in the future. 

To pump water allocation from work you must have a water access license (WAL) and have it attached to the work approval (work), which can be a river pump or bore or well. However, if you are not an active user of water for irrigation (your license) you can remove the WAL from the work, which in some circumstances will remove your requirement to need a meter as a non-active irrigation user without an attached WAL - this is done using the form 'Application to subdivide, or to subdivide and make changes to a water access license - section E4'.   This may suit sites where you use the work for stock and domestic purposes.  

This means you still own both a license for water and a work but they are no longer linked.  

You can continue to trade allocation off this license or sell it permanently if you choose. 

You can reattach the WAL or another WAL, at a later date but this may incur an assessment and will incur fees and charges. 

This is explained in our video 'Making Administrative Changes to a Work Approval' via vimeo https://vimeo.com/showcase/8853111

Understanding the changes to the NSW Metering Rules for non-urban water users can be a challenge and often the information is spread across a number of Department and industry sources.  We have found, the most central point to visit is WaterNSW Metering page https://www.waternsw.com.au/customer-service/water-licensing/metering#stay

It has the three steps you should take and all the links to the forms, the rules and the Departments Metering Guidance tool which we encourage you to use. But importantly, its WaterNSW who manage the implementation and integration of the new rules on the ground, they collect information from your Duly Qualified Persons and they administer the licensing database if you determine you need to make amendments.  In most cases it is WaterNSW you will need to speak with about metering as they are the customer liaison group, plus they have a customer hotline 1300 662 077. 

It is this website that features heavily in our video series on metering.

When water availability is higher than requirements for critical needs, the WMA Act 2000 and local water sharing rules provide a framework to share that additional water between industry and the environment.  Allocations are the physical water that maybe provided under these sharing rules. The volume of allocation made available to an individual  is determined by the total volume available to be shared. This volume is divided by the number of shares that individual is licenced for.  
Water is allocated based on these principles and is not allocated to a specific crop. Individuals make the decision on what crop to grow with the allocation they receive.
There is a range of different irrigated crops grown in the Gwydir Valley, including cotton, horticulture and lucerne. We are home to the largest pecan farm in the Southern Hemisphere and one of Australia's largest juicing orange orchards.   Farmers have even tried hemp, it is not currently a viable option, but may be in the future.

The NSW Water Minister today announced the NSW Government will exempt up to 500 small water users who take water under a domestic and stock water access licence from non-urban metering rules, fixing an inconsistency in the NSW Government’s metering policy .  The announcement details are accessed below. 

Zara Lowien from the GVIA said while welcomed for some water users, the decision to not extend this exemption to groundwater sources such as the Lower Gwydir and the NSW Great Artesian Basin, will mean the majority of the region's stock and domestic groundwater works are still required to be metered in the Gwydir Valley.  This means many lifestyle blocks on the outskirts of towns like Moree and dryland farms still need a water meter by 1 December 2021.  This is over-reach by the metering reforms which should focus on water being actively used for irrigation and as such, the exemptions should be extended to these other water sources.

We are also calling on the NSW Government to prioritise solutions for land owners who hold a water access licenses but are not active irrigators before the deadline of 1 December 2021.  Again a large number of lifestyle blocks have small licenses that are inactive for irrigation but that may be used for stock and domestic or basic landholder rights, who without intervention are required to have a meter by December 2021.  

To assess if you need a meter, see our video series via https://vimeo.com/showcase/8853111

The NSW Select Committee Inquiry into floodplain harvesting has had an explosive start to public hearings this week with hearings due to wrap up on Friday, 24th September with the NSW Water Minister.

Zara Lowien, from the Gwydir Valley Irrigators Association said the next few days will be interesting as mainly stakeholders who are vocal against the licencing proposal and irrigation in the northern valleys, present their cases.

 “Since the drought we’ve seen floodplain harvesting which is water taken during a flood when rivers and streams are full and spilling onto the floodplains, being criticised as the cause of all the problems with water management and the environment during the drought”.

 “Everyone agrees current conditions are good – our rivers are flowing freely, with many storages including the Menindee Lakes full, which is in stark contrast to the recent drought, when our rivers stopped flowing.”

“With many these mistruths blown out of the water and some stakeholders refusing to accept the real facts.  Those destined to undermine this process have fallen back on highly nuanced and often contradictory arguments on what is the long-term legal limit and disputes on modelling results”.

“The analysis being used to support the claim that NSW is trying to update Cap without due process during this inquiry is not correct, nor is the claim that Cap is being increased.”

“The analysis used to make the claims, isn’t even comparing apples with apples” said Mrs Lowien.

Food and fibre production in the northern Murray Darling Basin is worth more than $6 billion a year, according to a report by leading Australian economic analysis company Macroplan. The report, commissioned by the Northern Valley Irrigators groups of which the Gwydir Valley contributed, sets out the value and flow-on benefits of investment in irrigated agriculture in the northern Basin.

“The report shows the economic and social value of irrigated and other agriculture in in the northern Basin,” explained Michael Drum, Executive Officer of Macquarie River Food and Fibre.

“Regional communities dominated by agriculture are circular economies, each sector relies on the other to be successful. Much of the irrigated product both primary and secondary uses, goes to feeding a highly valuable livestock industry as well the food we eat and the clothes we wear”.

Here is our third video in a NSW Metering Rules series - this is for active users, who want to work out if they need a meter and what type of meter, but also who they contact.
This video goes through some examples, for groundwater users and surface water users using the NSW Government Metering Guidance Tool.
It also then shows you how to find an approved expert to help provide you more specific advice, on what meter you may need and to install a new one or check the one you have via the Irrigation Australia database of Certified Meter Installers.
This video is available https://vimeo.com/610165753

Here is our second video in our NSW Metering Rules series - this is designed to help you make the administrative updates to your work approval.
1. For users who are not active users for irrigation or do not have infrastructure, we cover the steps to mark your site inactive.
2. For users who want to just pump stock and domestic or basic landholder rights water, we explain how you can remove your WAL and change the purpose of your work or just keep the works as they are but check if you need to install a meter.
3. For users who are active and there are differences between your on-farm infrastructure and the work approval, how to amend these.
You must not delay with undertaking these steps, there are price increases from 1 October 2021 for these applications. 
This video is available via vimeo https://vimeo.com/609659644

Within the IPART pricing review details revealed the metering reform policy established by the NSW Government in 2019, is not meeting its promised objectives.

“We’ve been watching the train-wreck that is the implementation and administration of the NSW metering policy and working on solutions, to iron out barriers to compliance[1]” said Mrs Lowien.

“Detail in the attachments of the IPART review has highlighted the policy is also failing to meet expected efficiency or cost savings too” she said.

“IPART has had to blend metering administration charges because it was going to be more expensive for customers to have telemetry ".

“The Government telemetry system is a complete farce, it’s not integrated properly within Government systems, water users cannot connect or utilise the data easily and now, IPART have also exposed there’s no financial savings or benefits either” she said.

 [1] Document in the comprehensive barriers to compliance document by NSWIC https://www.nswic.org.au/wordpress/wp-content/uploads/2021/09/2021-09-01-NSWIC-Report-on-Barriers-to-Metering-Compliance-FINAL-.pdf

The Independent Pricing and Regulatory Tribunal (IPART) NSW handed down their new pricing structure for water charges in NSW to start from 1 October 2021 with no good news for farmers, struggling to recovery from the drought and the reform costs for metering already.

“The details within the determination confirms that Gwydir water users will see significant pricing change increases across the valley for the next four years.”

“The only water user to see a reduction in overall charges are inland groundwater users, largely due to cost shifting between agencies.”

“High security and unregulated users are the hardest hit with 46% and 66% increase in some charges respectively.  General security and supplementary users are not free from increases, usage charges for them increase 34%[1]” she said.

“There are also significant increases in administration charges through WaterNSW which the GVIA warn anyone with a water approval to be aware of the increase” said Mrs Lowien.

The recent resource assessment has increased general security allocation to 69.3% for the Gwydir Valley.  Copeton Dam is at 82% capacity and rising. 
A stark contrast to this time last year, when Copeton Dam was at 16% capacity. 
Total water available for general security irrgators in Copeton is 496,000ML with  213,000ML for held environmental water accounts, including the ECA.  This water is in the bank, so to speak and can be carried over if it is not needed this year.   All high security and other essential supplies are 100% and fully secured for two years.

In a scathing investigative report released today [HERE], NSW Irrigators’ Council found the Department of Planning, Industry and Environment-Water (DPIE-Water) and WaterNSW had failed to execute their administrative and technical responsibilities effectively.
 
“The industry supports this reform, which requires water users to upgrade their meters to a new, world-leading standard,” NSWIC CEO Claire Miller said.
 
“But irrigators are fed up with being blamed for non-compliance by deadlines while DPIE-Water and WaterNSW get away with glossing over the scale and impact of their poor planning.

GVIA helped inform the report and has been advocating to various Department's now for years, to address these barriers.

Executive Officer Zara Lowien said "We've been collating and communicating these issues directly to government for years, trying to work constructively, encourage action and implement the reform".

"But now,  water users are receiving NRAR advisory letters becuase the government has failed to provide them an approved device to install".

"Its not good enough to tell us the market will respond or don't worry,  just "evidence" your effort."

"Water users are sick and tired of providing "evidence" on multiple occasions, to multiple NRAR employees that don't even seem to speak to each other or keep this "evidence".  

"Water users just actually want to be compliant but the government agencies are letting them down".

"Enough is enough, its time they step up if they want this reform to work" she said.

Here is our first video in our series NSW Metering Rules.  This video explains how knowing what your Work Approval is and that the NSW metering rules prioritise new metering rules based on your work approval, irrespective of whether you use your water licence or not.  It's important that your works on the ground, match the details of your work approval and that all details on the work approval are correct.  
The work approval is either a 90WA or 90CA number that WaterNSW or the Department of Planning, Industry and Environment - Water use when they write to you and the details, if you don't have them can be searched on the NSW Water Register using either option such as the work approval, your licence numbers or property lot and dp.  Watch this quick video to step through this process.
The video is available via vimeo https://vimeo.com/596433444. 

The NSW metering rules apply to all works and compliance will be assessed against your work approval - not what is in the ground and whether you use it or not.  If you do not actively use these works or do not have any infrastructure installed, you are not required to have a meter.
Before a work will be tagged as inactive, YOU MUST demonstrate the work is not physically capable of taking water and REGISTER your work as inactive.  This is done through WaterNSW.
Registering your work inactive will ensure you avoid being non-compliant to these rules by the relevant due date; either 1 December 2020 for larger than 500mm sites or 1 December 2021 for all other sites.   This applies to both surface and groundwater works. 
The form required is vailable here https://www.waternsw.com.au/__data/assets/pdf_file/0005/142628/Application-to-amend-approval-for-inactive-or-active-works.pdf

Advisory letters from NRAR have started arriving in email and letterboxes this week.  We have written to NRAR and the Minister regarding concerns with some of the correspondence we have reviewed, particularly the incorrect request to apply for s91i application to self report (used for when your meter is not working or faulty),  for meters that do not meet the regulations or have yet to install telemetry. 
However, we have seen letters from members who have MACE series 3, multi-sensor sites or sites without network connectivity, that despite your best endeavors you are not compliant but NRAR are not taking action at this time.  I am sure that's little comfort seeing they later say "this letter do not preclude NRAR from taking further action in the future, if necessary".
We encourage all members who have received such a letter to swiftly reply to NRAR confirming again, the barriers out of your control but also using the attached letter, write to the Minister and formally request an exemption because there is no approved device available. Note the letter has an option (1) for members who have multi sensor meters and option (2) for members with network connectivity issues.  Remove the option you do not need and insert the required fields in red.  Request exemptions for each site/farm individually.

This guide has been developed for water users who are also ELIGIBLE FLOODPLAIN HARVESTERS and have participated in the Healthy Floodplains Project.

This is about adding your voice to the NSW Upper House Inquiry into floodplain harvesting via a submission.  We want you to explain the long process, the detailed investigations and the confusion you had when the NSW Parliament rejected the licensing program that would licence, reduce and meter your floodplain take.  That you do not see further delays as the solution and that licencing still needs to happen.

We have put this together to help you prepare a submission.  It is a guide only, it has a few key messages we hope you agree with and convey in your own words.  There is a sample submission, written as a letter which you can follow. 

Submissions are due by 13 August 2021.

This gude has been developed for BUSINESS OWNERS and COMMUNITY MEMBERS who are effected by changes in irrigation water availability and who want to see a sustainable future for our industry and community, and that are willing to add their voice to the floodplain harvesting licencing debate.

We ask that you encourage your suppliers and service industry businesses to consider providing a submission into the NSW Upper House Inquiry into floodplain harvesting.  The objective is for our community to  be factored into Government decision making while demonstrating the impact of changes in water have to our irrigation dependant communities, how important floods are to drought recovery and the value that certainty for industry brings to the related businesses and our broader community.

The attached guide provides some suggested key messages to convey but also an example submission which is designed to be entered directly into the online submission form. 

Submission are due 13 August 2021. 

This guide has been developed for those water users who hold SUPPLEMENTARY LICENCES and DO NOT FLOODPLAIN HARVEST. 

This is about adding your specific view to the NSW Upper House Inquiry into floodplain harvesting debate and the decision to not license floodplain harvesting resulting in, the Minister determining a 50% reduction to all supplementary users for 2021-22.  This guide could also be used by other water users who are not floodplain harvesters and do not want their water rights to be diminished by others. 

We ask that you take time to provide submission using this guide, which includes some key messages to convey in your own words.  We have also prepared an example submission which is designed to be either sent as a letter or pasted directly into the online submission option. 

Submission are due by 13 August 20201. 
 

The realities of metering statistics are very different to the story being communicated by NRAR.  

Valley based tracking of progress is available via NRAR and is presented on our new page below.  Here we also capture the key barriers encountered by different users in these different categories.  We thank everyone for their efforts to comply and despite some of the media coverage, we encourage you to keep up the good work. 

There will be significant challenges for Stage 2 - administratively, as well as in terms of resourcing with 7,601 istes in the northern inland required to be compliant to the new rules by 1 December 2021.  Please do not leave contacting a DQP if you are in this next stage to the last minute.

WaterNSW would like to remind customers that supplementary water is available with unregulated inflows occuring downstream of Copeton Dam.  

These flows are providing water right along our river systems, the first 500ML/day are being delivered to the wetlands but any flows greater than that are being shared 50:50 between the environment and customers.  WaterNSW indicated downstream tributary inflows greater than the minimum flow to the wetlands are being diverted away from this area where possible, unless ordered by customers.  These rules and this operations, are enabling sharing of flows along our rivers and and beyond with more than 40,000ML flowing past Collarenbri from the Mehi alone this last month.  

Contact WaterNSW via email at RiverOpsNorth@waternsw.com.au, or alternately by contacting Roger Hunt or Ken Gee.  

Copeton Dam has been rising since December 2020 since catchment wide rainfall began to fall with around 600GL of inflows over this time.  This rising  trend is being followed right around NSW, with the current state-wide storage capacity at 74% (Copeton Dam just below the state average at 63%).

However, percentages don't tell the whole story in the context of total water available around the state. 

The northern basin has 71% availability equalling, 1,982GL of water, the central west is above the state average at 75% with 2,230GL of water available and the souther basin also above the state average at 77% full has 8,876GL of water available. We set up a new page on our website to explore this here.

Irrigators argue NRAR's statement was misleading given some works fell into that category due to factors outside their control - such as back-log in the supply and installation of government-approved meters and telemetry equipment.

Natural Resources Access Regulator (NRAR) announcing they were taking enforcement action after statewide inspections found 45 per cent of inspected pumps were still not fitted with compliant meters.

GVIA said: "Its hard to be compliant to new rules when in some instances there isn't an approved replacement meter available or if your still waiting for it to arrive after ordering it.  Many of these replacement meter jobs you cannot just buy a meter and stick it in a pipe, they're custom built and designed and take significant planning and lead time.
 We'd like to thank our local service providers for their perseverance with these new rules, your patience in trying to solve these complex problems bought about by a poorly formed set of rules.  We are grateful for all your effort for the industry so far. "

As a member of the GVIA, you are also a member of NSW Irrigators Council and they are undertaking their annual survey of what are member priorities.  They want to hear from you - not just the GVIA, about what are your priorities for water policy this year.  Help them out (and us) but undertaking this quick survey.

DPIE is currently seeking watercourse landholder input to develop business cases for the Lower Gwydir and Gingham Watercourses, Lower Mehi River and Ballin Boora Creek.

Over the next few months they will be working with the local community to develop the business case. There will be a series of community gatherings followed by local workshops to: discuss project objectives and opportunities, bring local knowledge and community needs into the scoping of potential measures, create strategies for on-ground outcomes.

Landholders in the project area should have received information in the mail however if you are located in the project area and did not receive a letter please contact us.    The community gatherings from next Monday 19 July – 22 Thursday July 2021

Find out more:

Online: environment.nsw.gov.au/nbtk/gwydircmp

Email: gwydir.cmp@environment.nsw.gov.au

The resource assessment for Copeton Dam up to 30 June 2021 was made available with the first allocation for the year being granted to general security water users and the ECA of 11.1%.  This bring the irrigation total water availability for this year, including carry over to 264,400ML while environmental accounts hold 125,600ML. 

Supplementary water announcements are also ongoing with inflows below Copeton Dam being shared 50:50 with the environment after the first 500ML are provided to the Gwydir Wetlands.  

Supplementary limits of 50% have now been enacted for all water users in the Gwydir Valley.  With the additional limits on take, it is important that everyone plays their role, to efficiently manage any supplementary announcements and share flows. Remember:
1. Opt in via the Expression of Interest process as early as possible.
2. Place a water order via iWas, once you have been informed of your allocation for that allocation amount.
3.Only pump water when you have placed a water order and only pump the volume you are approved for.
4. HOWEVER - if your circumstances change, be in contact with WaterNSW (Ken Gee) that is, if you change your mind, need less than your allocation or more than your original expression of interest, or want to opt back into the event just call him to discuss. Don't just pump or not pump, let him know. 

Following these rules are your responsibility but they also help WaterNSW to manage the allocation and apportioning of this water as efficiently as possible. We will monitor total take and provide communications if and when, the valley looks like nearing the 50% allocation threshold.

To opt in for the 2021/2022 water year, please follow the link and provide the form back to WaterNSW ASAP RiverOpsNorth@waternsw.com.au 

NSW DPIE - Water announced starting allocations for the 2021-22 water year, on 1 July 2021.
All groundwater and surface water users received their 1ML per unit share allocation, OTHER THAN general security users who are likely to receive a new resource assessment later this month and supplementary water users who received only 0.5ML per unit share.  This is the first time supplementary licences have been reduced below 1ML per unit share, and is in response to the recent disallowance of the government's proposed regulations to reduce, measure and account for floodplain harvesting in our water sharing plan see our previous media release.
General security carry over of  214,000ML from allocations previously will be available for this new year.

The Land's Olivia Calver reported: Gwydir Valley irrigators have hit out at the NSW Parliament after supplementary water users in the Gwydir and Border Rivers were informed their allocations would be reduced, as an apparent consequence of floodplain harvesting regulations being disallowed.

The floodplain harvesting regulations were disallowed by the NSW Upper House last month, with the opposition and cross-bench calling for downstream targets to be established before the government is given "a blank cheque" for floodplain harvesting legislation.


NSW Water Minister Melinda Pavey appeared to confirm the supplementary water restriction was a result of the disallowance in a statement from her office.

"Until floodplain harvesting licences and rules are implemented, any unmanaged growth in water use will have to be offset through reduced allocations for supplementary water licences, in line with Water Sharing Plan rules," the statement read.

"The FPH policy and regs apply to all water users across NSW."

“You don’t rob Peter, the supplementary licence holder to pay Paul, the floodplain harvester. It’s not a fair and equitable way to manage water and it’s not good policy”.  

This decision is in response to the failure of Minister Pavey to gain NSW parliament support of regulations to enable the licensing of a separate form of take, floodplain harvesting. Which in May 2021 the Legislative Council blocked regulation aimed at reducing floodplain harvesting to legal limits and ensuring all water taken from the floodplains was measured and accounted.  

GVIA, Executive Officer Zara Lowien said “we made it clear at the time that communities around the Murray Darling would be worse off without a floodplain harvesting licencing framework. We are now seeing the consequences of that misguided decision” she said.

Weir back up and operational

WaterNSW advises that Tareelaroi Weir on the Gwydir River is now operational.

Tareelaroi Weir was temporarily out of service as a result of the floods in late March. 

With the Tareelaroi Weir gates now operational, water in excess of the environmental provisions of the Water Sharing Plan may be diverted to the Mehi River.

Normal operations will resume, with downstream tributary flows expected to provide minor stock and domestic/riparian flows throughout the valley.

DPIE Water in the recent resource assessment to enact 'growth in use' strategies (within our regulated river WSP) starting 1 July 2021. A 0.5ML/unit share is a 50% reduction in starting allocations for supplementary take with total take from these entitlements to be limited to 90,500ML.

See the link below to review past supplementary access, there's been 6-years out the last 17-years where supplementary access is greater than 50%.  The most recent two are this year (100%) and 2016/17 (125% available but 98% accessed). 

DPIE Water provided the last resource assessment for the 2020/2021 water year, with a 0.9% general security allocation.  This brings the total allocation for this water year to 58%.  Essential supplies are secured for two-years in advance.

The assessment is available here.

Starting allocations will be announced on 1 July 2021 with the next resource assessment to be available on 7 June.

The irrigation efficiency and automation research at Keytah this year has seen a large number of new innovations tested at a fild level. At our field day this year we interviewed many of the research and commercial partners in this project. Over the next few months we will be releasing these videos and loading them onto the GVIA website as well as the Smarter Irrigation for profit website. Here is one of the latest releases. 

Moree Plains Shire Council are asking all rate payers their view on the feasibility of a potential levee around part of the town of Moree via a survey in the mail this week.  Information on the proposal is located on their website and a frequently asked question document has been prepared.  The proposal is summarised within the FAQ document and this letter.

Dryside Engineering are available for face-to-face one-on-one meetings this week in Moree.  We encourage you if you are available to discuss your thoughts with the engineers.

As there remains a gap in understanding the impacts to the rural landholders downstream of Moree (located on the Gwydir and Mehi systems), I have arranged for a targeted group session with impacted landholders will be hosted in the GVIA office.  This will help inform the final benefit cost ratio of the proposal and is important an accurate account of impacts is assessed. 

Draft entitlement submission

Submission on draft entitlements – originally due 3 June 2021, extended to 17 June 2021
This maybe the LAST opportunity (other than legal challenge) to put forward concerns, errors or omissions regarding your floodplain harvesting licences shares. If you have concerns, or you have outstanding issues that have not been addressed adn the recent flood provided you more evidence, you are encouraged to prepare a submission.  Have it drafted, ready to submit by the due date to ensure you can exhaust all your options of review. 

As there is growth in extractions everyone is going to have a reduction.  Some key questions that may help to identify if you have an outstanding issues are:

Question 1: What is your rate of in-take compared with your duration of flood?  The model is constrained by storage capacity, intake capacity and opportunity.  Is there a physical limitations and is this information correct.

Question 2: Do you extensively store water on fields or in other options? Historically and now? Has the model captured your full storage capability.

Question 3: If you had 500% allocation and no significant new development since 2008, could you fill your storages in this last flood event?  Consider reasons as to why not and prepare that in your submission. The policy impacts in a sequence of wet events, not  isolated events.

Question 4: what is the percentage reduction from your unrestricted 5-year maximum average modelled take to the licence shares?  This may help to understand the percentage of reduction you individually have encountered.  The average valley reduction is 32% reduction over the long-term (based on the rainfall runoff exemption applying).

I will note that the GVIA is pursuing outstanding valley-scale issues with the cap scenario, which we hope to inform you of the outcome of those efforts and/or share with you suggested wording for submissions, prior to the deadline.

We are seeking an opportunity to understand the differences between unrestricted model outputs and shares from the Department.

FPH Tenancy Agreement

The Tenancy Agreement – extended to 17 June 2021:
As outlined in the legal advice provided previously, this is rather procedural to assist in ensuring the potential license is issued in the correct name.  We suggest you seek your own legal and financial advice, to ensure you consider any implications in selecting an entity to hold the future floodplain harvesting license. The Department indicated in an email that they are “happy for them to be sent back as soon as possible. Also happy for the Gwydir form to be included in the 14-day extension period for submissions”.

The GVIA with other northern groups have been in ongoing discussions with the Natural Resources Access Regulator about their approach to the media regarding metering compliance.  To approach the media with untested, inappropriate data as this did is deplorable of a government body that prides itself on integrity.  But more importantly, we have been trying to use this issue to elevate the issues with the metering reform progress.

We know there are issues and barriers, and we have tried to collate these succinctly for government.  Nonetheless, it is important we still make efforts to meet the requirements.  

Currently, there is an estimated 91% of water users from  December's deadline around NSW who are technically non-compliant with metering rules.  They are, mostly,  through no fault of their own relying on NRAR's discretion.  Through our implementation schedule and discussions, we have been lead to believe everyone has made efforts but NRAR are standing firm that there are a large number of sites that cannot demonstrate effort and have not attempted to have a accurate, tamper proof and validated meters.  This is not acceptable as an industry, everyone should be aware of your responsibilities and make efforts to address these.  The reputation of our organisation, who is defending your effort and the whole industry, relies on due effort being made. 

To assist you to understand your responsibilities, we have collated all our metering updates into one area via the members portal. Use your email address to sign and reset your password if you do not have one.  All financial members have access. 

Please see the link to the May 2021 metering update for a discussion on some key issues including floodplain harvesting measurement.

The Gwydir Valley Irrigators Association provides a high-level review into some of the issues on behalf of our members.  We have encouraged our members to raise specific, farm-scale issues as part of this process.

Since the finalisation of the FMP for the Gwydir Valley Floodplain, three other valleys have also progressed through development and implementation as well as, the completion of many of the outstanding legacy applications, applied for prior to 2008 and gazetted in 2016.

The five-year review is therefore an opportunity to ensure consistency in planning arrangements (where applicable) but also incorporate new information that has come to light since its implementation.

The GVIA will not be engaging in debate regarding Mr Justin Field's, MLC decision to select statements from privileged and generic legal advice, to justify his motion to disallow regulations and ignite a new conspiracy.  

This information is not substantially inconsistent with previous advice issued by the Crown Solicitor, NSWIC or that received by individuals.  Albeit it does address a broader range of issues including case law precedents for leniency.  The regulations that Mr Field, MLC, led to disallow in the NSW Legislative Council were designed to address the known legal ambiguity with the Water Management Act once and for all, and provide a mechanism to licence, manage and meter this historical form of take in a consistent manner.

Our position remains unchanged.

Our statement regarding the mess that the disallowance creates for all NSW remains unchanged.  It can be found here. 

Mr Field should heed his own advice that the tit for tat over legal advice has to end and take productive steps to clean up the mess he helped create across all NSW.

The GVIA and NSWIC has obtained two sets of legal advice for your information.  It is always important to consider legal advice that is specific to your situation as this is generic.

The advice is relevant to consider when operating your farms and in completing the next steps of the floodplain licencing program.  

The link below summarises our two most recent emails and provides the advice. 

NSW DPIEW increased general security allocations by 2.3% this month, bringing allocations to 57.1% for this water year.  This allocation with previous carry over, means water users have 210,500ML and environmental water managers have 69,300ML and ECA 36,800ML to utilise a later date. Essential supplies are secured for two-years in advance.

There have been continual low, small flows along the river systems.  Water sharing plan rules and infrastructure constraints (due to damage from the recent flooding) means these flows cannot be managed and this water is flowing through the lower sections of the Gwydir and Gingham, with some water being managed down the Carole creek.

GVIA, Executive Officer Zara Lowien who was at parliament house said she’s still dismayed.
"On Thursday, the NSW Legislative Council voted against improving environmental outcomes in our rivers, floodplains and wetlands and in doing so has lost the faith of industry and our support. Until this mess is sorted out, our legal advice is clear that the status quo leaves floodplain harvesting as unmanaged, unmeasured and unaccounted for right across NSW."
We just cannot see how this disallowance is a better deal for NSW” she said.
(Photo: NSW Legilstive Council photo via Facebook @nswupperhouse) .

Water users, their communities, and environments right around the Murray-Darling Basin had their calls to the NSW Government for better management of water, answered as the NSW Government made regulations to enable the management, measurement, and accounting of the final source of water in NSW which is taken off the floodplains.

Zara Lowien said “These three regulations outline the mechanics to enable the calculation, issuing and enforcement of limits in our local water plans through mandatory metering of floodplain take[1], which has not existed previously” she said

“They mean NSW Government can now manage all forms of water take, right across NSW consistently” she said.

[1] Refer to Fast Facts about Floodplain Harvesting for a description of this form of water take.

One week after saying two-thirds of water users were not making effort with metering reforms the Natural Access Resource Regulator has changed their mind.

The Gwydir Valley Irrigators Association stand firm saying the regulator was out of line in their approach to the media, using untested data from inadequate systems which have been proven wrong with new field data released today.  Mrs Zara Lowien from Gwydir Valley Irrigators Association said “this new information confirms how important on-site information and ensuring boots on the ground are used in compliance just not desk-top studies.”

The GVIA provided their formal submission to the Independent Pricing and Regulatory Tribunal of NSW’s draft determination on maximum prices for both WaterNSW’s Rural Bulk Water Delivery and Water Administration Ministerial Corporation (WAMC) in NSW, from 2021.  This was a follow up from previous presentations to IPART NSW at the public hearings.

The GVIA outlined a number of core issues saying "The upward trend in prices has continued for many pricing proposals, well above inflation at a time when many water users have had diminishing water availability and diminishing services.  More work must be undertaken between the regulator and the agencies, with stakeholders to curtail this ongoing, upward trend."

" These key issues stem from our ongoing concern that water users will continue to wear the financial and reputational impact of the current and past performance of NSW water agencies.  This is then reflected in increased revenue proposals by the agencies.  The actions of the Natural Resources Access Regulator this week, to create media controversy with inadequate and misleading data to promote themselves demonstrates our concerns." the submission said.

Prices changes were variable across the different water users, with the highest increases in the regulated system with 28% for High Security charges and 16% usage charge increase also.

The Gwydir Valley Floodplain Management Plan is due for it's five-year review as per the plan requirements.  The review is to determine whether its provisions remain adequate and appropriate for ensuring the effective implementation of the water management principles.  The public submission period provides opportunities for water users, stakeholders and other interested parties to inform the review of these plans. Comment is specifically being sought on:

  1. Is the floodplain management plan(s) adequate and appropriate for ensuring the effective implementation of the water management principles?
  2. Are there issues with the plan(s) that were identified since commencement and impact on effectiveness of implementation?
  3. Are there potential amendments to the plan(s) that should be considered?


Submissions are due Tuesday, 18 May 2021.

Irrigation Australia - the national organisation representing the Australian irrigation industry in all sectors from water users, manufacturers, retailers, consultants, designers and installers, finds it disappointing that this article conveys an impression that irrigators are deliberately avoiding their obligations under the new regulations. The facts are quite different and comments of this nature risk undoing much of the good work and goodwill that irrigators, irrigator groups and duly qualified persons (DQPs) have undertaken to support the NSW Government objective of accurately measuring water take in NSW

The Gwydir Valley Irrigators Association hit back saying the regulator was out of line in their approach to the media, using untested data from inadequate systems with suspicious timing.  They believe all this does, is confirm that the metering reforms was an overly ambitious and poorly planned policy from the beginning.
(Photo: Federal Senators from the Senate Select Committee members into the Multijurisdictional Management and Execution of the Murray Darling Basin Plan during their tour in Moree, this week looking at a fully compliant, transitioned meter)

Murray–Darling Basin communities hold generations of local river knowledge and experience. The MDBA is establishing regional community forums to tap into this understanding to strengthen the capture and use of this knowledge to inform local and Basin scale decisions.  The MDBA are looking for a diverse cross-section of the local community with a knowledge of, or interest in, the environment, agriculture, climate, or natural resource management.
To support meaningful community input regional residents with an interest in science are invited to apply to join one of 6 new local Regional Community Forums, comprising up to 20 people. Forums are being established in: Queensland Basin (Goondiwindi-Toowoomba), Central West, New South Wales (Dubbo, Canberra), Murrumbidgee (Griffith), Goulburn-Murray Irrigation District and New South Wales Mid-Murray (Albury Wodonga), Sunraysia (Mildura), and Riverland and South Australian Murray (Murray Bridge).
To express your interest in participating in the forum email a short statement or your CV to engagement@mdba.gov.au or call 1800 230 067. Expressions of interest close Friday, 23 April 2021.
Please note, participation in these forums is voluntary.

Copeton Dam is at 40% and steady and as a result, general security allocations have increased by 39.12% resulting in 54.8% allocation for the year for environmental and production.  Most of this water will be carried over to be used at a later time.

Full supplementary allocations were also made available with up to 116,000 ML ordered by irrigators and 5,700 ML by environmental water holders during these events.

WaterNSW have initiated flood forecasting and reporting following the recent widespread rain and flooding in the Gwydir, Border Rivers, Macquarie and Culgoa.  This replicates and updates their reporting during the First Flush event in 2020.  The most recent update on 6 April revealed between 400-600GL to flow into Menindee Lakes from all the tributaries.  However, forecasting is limited due to the nature of the floodplain flows and natural breakouts along the Barwon River. 
Its great to see so many rivers full and spilling. 
How the water is managed once it reaches Menindee Lakes will be closely scrutinised given the likely volumes and the many competing interests there.  The NSW Water Minister recently said "NSW will be making decisions on how to manage the inflows into the Menindee System with the first objective being to improve water supplies in the Lower Darling coimmunities and ensure the top two Lakes are filled" via The Land ift.tt/3wybHSV.

The peak of the floods in the Gwydir Valley have passed through the township of Moree and are heading west. Many describe this event as being two floods, the one caused initially from local rainfall of between 100-200mm and then the flood from upstream water sources like the Horton River into the Gwydir and Mehi systems, that came at least three-days later.

Local rainfall and unregulated water is therefore, now being backed up by the major floodwaters from upstream, which is likely to result in sustained, major flooding in the lower sections of the Gwydir floodplain.  

All the rivers and creeks in the lower floodplain are flowing above capacity as water spills out.  There is 100% supplementary access available.  During this time, Copeton Dam has increased from 22% to 39% capacity during this event, with a resource allocation likely in early April in response.

There is a history of flooding in the Gwydir Valley and the peak height of the flood in Moree and surrounding gauges is provided on our page 'History of Flooding' and compared with previous large and major floods.

Disaster recovery funding has been declared for Moree, Gwydir and Inverell Shire areas in response to flooding.  

Assistance available under the Disaster Relief Funding Agreement with the Commonwealth may include:

  • help for eligible people whose homes or belongings have been damaged
  • support for affected local councils to help with the costs of cleaning up and restoring damaged essential public assets
  • concessional interest rate loans for small businesses, primary producers and non-profit organisations
  • freight subsidies for primary producers, and
  • grants to eligible non-profit organisations.
To apply for a concessional loan or grant, contact the NSW Rural Assistance Authority on 1800 678 593 or visit www.raa.nsw.gov.au

Further information on disaster assistance is available on the Australian Government’s Disaster Assist website at www.disasterassist.gov.au and Service NSW at www.disasterassistance.service.nsw.gov.au

Also, we encourage you to fill out the Natural Disaster Damage Survey https://fal.cn/3ecfO. The survey is for NSW DPI and Local Land Services NSW staff, farmers and agricultural industry representatives can use to record damage to primary production and animals from natural disasters.

For any member preparing to operate your farm, as you always have and continue this historical practice, we recommend you voluntarily implement the floodplain harvesting measurement policy requirements. For this you must have a starting and ending storage balances (minus and metered take), as per the proposed floodplain harvesting measurement approach. Evidence the start and end of the event, how you measured your storage.  Its important to note any rainfall collected during a declared event is proposed to be considered floodplain harvesting.  
You may use the attached form as a guide. This will help explain what steps you took, when NRAR comes to visit.

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