Bellinger River Water Sharing Plan Stephen Allen, NSW Department of - - PowerPoint PPT Presentation

Stephen Allen, NSW Department of Planning Industry and Environment 10 & 11 March 2020

Bellinger River Water Sharing Plan

Introduction to water sharing & current rules Bellinger plan

• Overview of water sharing
• Sharing of daily flows
• Water trading
• Current plan
• Current access rules
• Current trade rules

NSW Water Management Act 2000 requires development of water sharing plans for all NSW rivers and groundwater. Water sharing plans are statutory regulations – law. Plans define rules that govern shares of water between the environment, basic landholder rights, and licensed take. Many of the rules are implemented through conditions on water supply works approvals and water access licences. For coastal unregulated rivers such as the Bellinger River, shares are established through

• long term limits on amount of water that may be taken from the river,
• daily cease and commence to take rules,
• rules governing applications for new water licences,
• rules governing water supply works, in-river dams for instance, and
• rules governing buying and selling of licences and allocations.

Plans have a 10 year term and may be extended for 2 years. The NSW Natural Resources Commission (NRC) reviews plans and makes recommendations to the Minister as to either remake or extend the plan. The NRC reviewed the water sharing plan for the Bellinger River in 2018 and recommended that the plan be remade.

Introduction to water sharing

River flows and daily access rules

Flow percentile Flows (ML/day) Very low flows Medium flows (B class) 100th%ile 95th%ile 80th%ile 50th%ile 1 6 33 High flows (C class) Low flows (A class) Percentile: percent of all observations at a river flow gauge at or above a specified flow volume Cease-to-take/commence-to-take Total daily extraction limits

Trade of licence shares

• A licence authorises the licencee to shares in a water source.
• Shares are specified in ML (eg 10 ML) or units (eg 10 units).
• Licence shares may be bought and sold.
• Trade of shares within a water source is usually permitted.
• Trade between water sources is subject to rules.
• Rules may include prohibition, no net gain, or permitted to a limit.
• Rules based on an assessment of economic & environmental values
• f the water source.

The Bellinger River water sharing plan commenced in 2008, to be remade by 1 July 2020. The area of the plan includes the hydrological catchments of Bellinger River and Kalang River to the mangrove limit. The waters covered by the current plan include all surface waters of the plan area & alluvial groundwater above the tidal limit. The plan is divided into extraction management units, water sources, and management zones.

Current Bellinger River water sharing plan

Current Bellinger River water sharing plan

Current access rules – cease to take

Gauge # 205002 Bellinger River at Thora – current plan Water source Very low flow class A class B class Thora-North Arm Bellinger River Flows  16 ML/d (95th%ile) Flow  16 ML/d Na Bellinger River Flows  16 ML/d 16 ML/d  flows  95 ML/d (50th %tile) Flows  95 ML/d Boggy Creek Flows  16 ML/d Flows  16 ML/d Na Coastal Bellinger (tidal only) Flows  16 ML/d 16 ML/d  flows  95 ML/d Flows  95 ML/d Rosewood Creek Flows  16 ML/d Flows  16 ML/d Na Gauge # 20501008 Kalang River at Sunny Corner Road (staff gauge) Coastal Kalang (tidal pool) Flow  4 ML/d (98th %ile) Flows > 4 ML/d Na. Kalang (tidal & non tidal) Flow  4 ML/d (98th %ile) Flows > 4 ML/d Na. Gauge # 20501005 Hydes Creek at Kethels Road (staff gauge) Hydes Creek (tidal & non tidal) Flow  1 ML/d (95th %ile) Flows > 1 ML/d Na

Current trade rules

Water Source Adopted rule Bellinger River (tidal and non tidal) Non tidal: trade in permitted up to an additional 54 ML Tidal: trade in permitted subject to a limit to be determined Boggy Creek Trade in permitted up to an additional 50 ML Coastal Bellinger (non tidal) Trade in permitted up to an additional 14 ML. Coastal Bellinger (tidal) Trade in permitted limit to be determined. Coastal Kalang (non tidal) Trade in permitted up to an additional 88 ML Coastal Kalang (tidal) Trade in permitted limit to be determined. Dalhousie Creek Prohibited Hydes Creek (tidal and non-tidal) Non tidal: no net gain in trade. Tidal: trade in permitted subject to a limit to be determined. Kalang River (tidal and non-tidal) Non tidal: permitted from Spicketts Creek WS only. Tidal: trade in permitted subject to a limit to be determined. Never Never Creek Prohibited Rosewood Creek Prohibited Spicketts Creek Permitted from Kalang River (Non tidal) only Thora – North Arm Bellinger (Upper & Lower) Prohibited

Other (outstanding) rules

Current plan proposes a number of rule amendments following further investigations during the term of the plan. The current plan allows applications for Aboriginal community development licences when B class (medium) flows are established. The current plan allows applications to convert to high flow licences following development of B class flows in Never Never Creek and Hydes Creek water sources. The current plan does not establish rules relating to in river dams – not reflecting current policy on in river dams. The current plan foreshadows trade rules for the tidal pool management zones following development of a cap on the quantum that may be traded in; a limit on trades into these management zones was not determined during the term of the plan.

Stephen Allen, NSW Department of Planning Industry and Environment 10 & 11 March 2020

Questions

Changes proposed to rules of current Bellinger River plan

• Natural Resources Commission recommendations
• Coastal floodplain alluvial groundater
• Cease to take rules
• Trade rules – tidal zones
• Water supply work rules – in-river dams, works in SEPP

wetlands

• Aboriginal licences and high flow licences

Department’s Response 1. Agree, water sharing plan to be replaced. 2. Agree, objectives, strategies, performance indicators reviewed and updated. 3. Agree, apply the new framework for metering water take. 4. Still considering a position on this recommendation due to significant consequences if adopted. 5. Guidelines reflected in estimates. Long term climate projections have not been included in the estimates. 6. Draft rule changes increase opportunities to apply for Aboriginal licences. 7. Draft rule changes include new flow reference points and access rules referenced to the new gauges. 8. Plans not to be consolidated at this stage due to time constraints and lack of groundwater assessments.

NRC Recommendations 1. Replace the Plan. 2. Clarify objectives, revise monitoring, evaluation, reporting. 3. Apply new framework for metering water take. 4. Monitor long term extraction limit and assess environmental sustainability of the limit. 5. Apply best method to estimate stock & domestic take, include climate data and reasonable use guidelines. 6. Investigate barriers to uptake of Aboriginal licences, amend Plan as appropriate to address barriers. 7. Review flow reference points and access rules to determine if

• ther gauging sites may improve outcomes.

8. Assess whether to merge Bellinger and Coffs Harbour plans based on economic, environmental and social impacts.

Recommendations of NSW NRC

DRAFT MAP

Water shares coastal floodplain alluvial groundwater

Climate projection

Groundwater shares Dry Explanation Rainfall (mm) 1459 Dry extreme projects 8 percent reduction in rainfall 2020 -2039 Recharge (ML/year) 4200 Total recharge for the oastal alluvial water source based on infiltration factor of 10 % Sustainability factor 0.25 Based on risk assessment considering social, economic and environmental considerations - 25% of recharge available for take Planned environmental water (ML/year) 3150 75 % of recharge protected as planned environmental water Upper extraction limit (ML/year) 1050 Recharge less planned environmental water LTAAEL 350 Current entitlements + estimated future requirements + 10 % buffer Current entitlements (licence & BLR) (ML) 160 Current total licensed volumes plus estimated basic landholder rights Unassigned water (LTAAEL) (ML/year) 190 LTAAEL less current entitlements Water available through a controlled allocation (ML) 152 80% of unassigned water available for a controlled allocation

Propose to adopt water shares under dry climate projection.

Proposed changes to cease to take rules - water sources with staff gauges

Water Source Current flow reference point Current very low flow class Proposed flow reference point Proposed very low flow class Coastal Kalang (tidal) Gauge # 20501008 Kalang River at Sunny Corner (staff gauge) Flow  4 ML/d (98th %ile) Gauge # 205016 Bellinger River at Fosters Flow  43 ML/d (98th %ile) Change of reference gauge from a staff gauge to a new telemetered gauge, and retain flow percentile. Kalang River (tidal & non tidal) Gauge # 20501008 Kalang River at Sunny Corner (staff gauge) Flow  4 ML/d (98th %ile) Gauge # 205016 Bellinger River at Fosters Flow  43 ML/d (98th %ile) Change of reference gauge from a staff gauge to a new telemetered gauge, and retain flow percentile. Hydes Creek (tidal & non tidal) Gauge # 20501005 Hydes Creek at Kethels Road (staff gauge) Flow  1 ML/d (95th %ile) Gauge # 205016 Bellinger River at Fosters Flow  56 ML/d (95th %ile) Change of reference gauge from a staff gauge to a new telemetered gauge, retain flow percentile.

Proposed changes to cease to take rule – water sources with updated telemetered gauge

Water Source Current flow reference point Current very low flow class Proposed flow reference point Proposed very low flow class Bellinger River Gauge # 205002 Bellinger River at Thora Flows  16 ML/d (95%tile) Gauge # 205016 Bellinger River at Fosters Flows  56 ML/d (95th%ile) Change in reference gauge from Thora to Fosters. Updated flow data Boggy Creek Gauge # 205002 Bellinger River at Thora Flows  16 ML/d (95%tile) Gauge # 205016 Bellinger River at Fosters Flows  56 ML/d (95th%ile) Change in reference gauge from Thora to Fosters. Updated flow data Coastal Bellinger (tidal) Gauge # 205002 Bellinger River at Thora Flows  16 ML/d (95%tile) Gauge # 205016 Bellinger River at Fosters Flows  56 ML/d (95th%ile) Change in reference gauge from Thora to Fosters. Updated flow data Rosewood Creek Gauge # 205002 Bellinger River at Thora Flows  16 ML/d (95%tile) Gauge # 205019 Never Never Creek at Old Road Flows  4 ML/d (90th %ile) Change in reference gauge from Thora to Never Never Creek. Updated flow data Never Never Creek Point of take Visible flow at point of take Gauge # 205019 Never Never Creek at Old Road Flows  4 ML/d (90th %ile) Change in reference from visible flow to Never Never Creek. Updated flow data

Proposed changes to cease to take rules – water sources with updated flow data

Water Source Current flow reference point Current very low flow class Proposed flow reference point Proposed very low flow class Thora North Arm Bellinger River Gauge # 205002 Bellinger River at Thora Flows  16 ML/d (95th%ile) Gauge # 205002 Bellinger River at Thora Flows  20 ML/d (95th%ile) No changes to reference point proposed. Updated flow data and retain flow percentile. Commence to take rule All water sources Propose that all water sources with access rules referenced to a telemetered gauge to include a 24 hour commence to take rule. Take of water may recommence 24 hours after flows have risen above very low flow class.

Proposed changes to trade rules – tidal management zones only

Water Source/ Management Zone Trade rule proposed Bellinger River Tidal Management Zone Trade in permitted up to an additional 54 ML for the entire Bellinger River Water Source Coastal Bellinger River Tidal Management Zone Trade in permitted up to an additional 14 ML for the entire Coastal Bellinger River Water Source Coastal Kalang Tidal Management Zone Trade in permitted up to an additional 88ML for the entire Coastal Kalang Water Source Hydes Creek Tidal Management Zone No net gain in trade for the entire Hydes Creek Water Source Kalang River Tidal Management Zone Trade in permitted only from Spicketts Creek Water Source Dalhousie Creek Prohibited due to take of water posing high risk to impacting low and zero flows

Rules proposed for water supply works - in-river dams

Water Source Rule proposed for new in-river dams Thora-North Arm Bellinger Prohibited on 3rd order and higher order streams due to assessed high instream values Rosewood Creek Prohibited on 3rd order and higher order streams due to assessed high instream values Never Never Creek Prohibited on 3rd order and higher order streams due to assessed high instream values Kalang River Prohibited on 3rd order and higher streams due to assessed high instream values Spicketts Creek & Dalhousie Creek Prohibited on all streams due to high risk of take of water impacting on low and no flows.

Rules proposed for water supply works in SEPP wetlands

Water Source Rule proposed for new water supply works Coastal Kalang Water Source Water supply works shall not be approved where they have more than minimal impact on SEPP (Coastal Management) 2018 wetlands. Coastal Bellinger Water Source Water supply works shall not be approved where they have more than minimal impact on SEPP (Coastal Management) 2018 wetlands. The Bellinger River Coastal Floodplain Alluvial Water Source Water supply works shall not be approved where they have more than minimal impact on SEPP (Coastal Management) 2018 wetlands.

SEPP (Coastal Management) 2018 wetlands

Aboriginal community development licences

Water Source Rule Bellinger River A total of 500 unit shares of Aboriginal community development access licence may be applied for. Boggy Creek A total of 91.5 unit shares of Aboriginal community development access licences may be applied for. Coastal Bellinger A total of 500 unit shares of Aboriginal community development access licences may be applied for. Coastal Kalang A total of 500 unit shares of Aboriginal community development access licences may be applied for. Hydes Creek A total of 183 unit shares of Aboriginal community development access licences may be applied for. Spicketts Creek Applications not permitted due to absence of gauge.

DPIE is presently arranging meetings with First Nations to discuss water sharing.

Conversions to high flow licences

Water Source Rule Hydes Creek A total 250 unit shares may be converted to high flow access licences . Never Never Creek A total 723 unit shares may be converted to high flow access licences.

Bellingen Shire Council - Local Water Utility

• Currently hold 1 local water utility licence of 1300 ML in Bellinger River Water Source – taking alluvial groundwater, with a number of conditions governing

take.

• Draft plan proposes the following in relation to local water utilities:
• bjective: to maintain and, where possible, improve access to water for town water supply and water quality within target ranges, cl. 13(2)(a) and (d),
• strategy: provide water access for town water supply and manage construction and use of water supply works to minimise impacts on groundwater

quality and town water supply 13(3)(a) and (f).

• Draft plan proposes to establish water requirements for local water utility licences at 1300ML per year in the Bellinger River Water Source.
• Available water determinations normally 100% for local water utilities on coastal unregulated rivers.
• Daily cease and commence to pump rules do not apply to local water utility licences listed in Table B Schedule 7, unless major augmentation occurs where

upon the licence may be removed from Schedule 7.

• Local water utility and town water supply licences cannot be traded.
• Water allocations may be traded subject to an approved IWCM strategy and the dealing would not risk supply.
• Water Management Act 2000: section 66(3) - at end of each 5 year period, Minister is to vary each local water utility licence to reflect any variation in

population, associated commercial activities.

• Water Management Act 2000 section 66(4) on the application of a local water utility, Minister may increase licence entitlement to reflect rapid growth of

population requiring an immediate increase in the availability of water.

Stephen Allen, NSW Department of Planning Industry and Environment 10 & 11 March 2020

Questions

Impact of changes to cease to take rule – updated telemetered gauge

Flow reference point 205002 Bellinger River at Thora 205016 Bellinger River Fosters Very low flow class Flows  16 ML/d Flows  56 ML/d Period of record 31/07/2007 - 19/11/2019 31/07/2007 – 19/11/2019

• No. of observations

4494 (12 years) 4494 (12 years) Frequency 2 (1 every 6 years) 4 (1 every 3 years) Duration of very low flow class Total Maximum Mean Total Maximum Mean 22 19 11 62 20 10 Duration (days) Freq. Total Max. Freq. Total Max. October 1 2 2 November 2 22 19 3 51 20 December 1 4 4 January 1 5 5

Impact of changes to cease to take rule – updated telemetered gauge

Flow reference point 205002 Bellinger River at Thora 205019 Never Never Creek Very low flow class Flows  16 ML/d Flows  4 ML/d Period of record 14/07/2011-19/11/2019 14/07/2011 – 19/11/2019

• No. of observations

3050 (8 years) 3050 (8 years) Frequency 2 (1 every 4 years) 2 (1 every 4 years) Duration Total Maximum Mean Total Maximum Mean 30 24 15 14 8 7

Coastal Floodplain Alluvial Groundwater Source

NARCliM Climate projections Groundwater shares Current Dry Wet Mean Rainfall (mm) 1586 1459 1760 1665 Recharge (ML/year) 4500 4200 5000 4800 Sustainability factor 0.25 0.25 0.25 0.25 Planned environmental water (ML/year) 3375 3150 3750 3600 Upper extraction limit (ML/year) 1125 1050 1250 1200 LTAAEL 350 350 350 350 Current entitlements (licence & BLR) (ML) 160 160 160 160 Unassigned water (LTAAEL) (ML/year) 190 190 190 190 Water available through a controlled allocation (ML) 152 152 152 152

Propose to adopt water shares under dry climate projection.

WATER SOURCE WATER MANAGEMENT ZONE CATEGORY TOTAL SHARES (ML) TOTAL NUMBERS BELLINGER RIVER WATER SOURCE 2271.25 37 Non Tidal Management Zone DOMESTIC AND STOCK 18 6 Non Tidal Management Zone UNREGULATED RIVER 883.25 29 N/A AQUIFER 70 1 N/A LOCAL WATER UTILITY (AQUIFER) 1300 1 BELLINGER COASTAL FLOODPLAIN ALLUVIAL WATER SOURCE 131 5 N/A AQUIFER 131 5 BOGGY CREEK WATER SOURCE 20 4 N/A DOMESTIC AND STOCK 4 1 N/A UNREGULATED RIVER 16 3 COASTAL BELLINGER WATER SOURCE 127 6 Non Tidal Management Zone UNREGULATED RIVER 122 5 AQUIFER 5 1 COASTAL KALANG WATER SOURCE 77 5 Non Tidal Management Zone UNREGULATED RIVER 77 5 DALHOUSIE CREEK WATER SOURCE 191 2 Non Tidal Management Zone DOMESTIC AND STOCK 26 1 Non Tidal Management Zone UNREGULATED RIVER 165 1 HYDES CREEK WATER SOURCE 459 8 Non Tidal Management Zone DOMESTIC AND STOCK 1 1 Non Tidal Management Zone UNREGULATED RIVER 338 6 AQUIFER 120 1 KALANG RIVER WATER SOURCE 21 3 Non Tidal Management Zone UNREGULATED RIVER 18 2 N/A AQUIFER 3 1 NEVER NEVER CREEK WATER SOURCE 421 19 N/A DOMESTIC AND STOCK 12 4 N/A UNREGULATED RIVER 409 15 ROSEWOOD CREEK WATER SOURCE 11 3 N/A UNREGULATED RIVER 11 3 SPICKETTS CREEK WATER SOURCE 7 1 N/A UNREGULATED RIVER 7 1 THORA - NORTH ARM BELLINGER WATER SOURCE 212 28 Lower Thora North Arm Management Zone DOMESTIC AND STOCK 43 7 Lower Thora North Arm Management Zone UNREGULATED RIVER 159 20 Lower Thora North Arm Management Zone AQUIFER 10 1

TOTAL

3948 121