New South Wales Consolidated Regulations

WATER SHARING PLAN FOR THE MACQUARIE AND CUDGEGONG REGULATED RIVERS WATER SOURCE 2016 - REG 44

44 Carrying over of water allocation credits, water allocation sub-account limits and withdrawal of water allocations that have been carried over

(1) Water allocation remaining in the water allocation accounts of domestic and stock access licences, local water utility access licences, regulated river (high security) access licences and supplementary water access licences cannot be carried over from one water year to the next.

(2) The following rules shall apply to the carrying over of water allocations in water allocation accounts of regulated river (general security) access licences:

(a) the maximum volume that may be carried over in the water allocation account of regulated river (general security) access licences with extraction components that permit the taking of water upstream of Burrendong Dam water storage (hereafter
"Cudgegong regulated river (general security) access licences" ), from one water year to the next shall be the greater of:

(i) 1 megalitre multiplied by the number of unit shares specified in the share component, or

(ii) the volume specified in Schedule 3 for access licences that arose from the Water Act licences listed on that Schedule, where no dealing has taken place which in the opinion of the Minister will result in all or part of the water extracted under the access licence being used on a landholding other than the landholding on which the water was being used as at 1 July 2004, or

(iii) the volume specified in Schedule 3 for access licences arising from the Water Act licences listed on that Schedule minus the proportion of the share component of the access licence affected by a dealing which in the opinion of the Minister will result in all or part of the water extracted under the access licence being used on a landholding other than the landholding on which the water was being used as at 1 July 2004,

(b) the maximum volume that may be carried over in the water allocation account of a Macquarie regulated river (general security) access licence, from one water year to the next shall be equal to 1 megalitre multiplied by the number of unit shares specified in the share component, and

(c) water carried over from a water allocation account under subclause (2) shall be held in the carryover sub-account.

(3) The following rules shall apply to water held in water allocation accounts of regulated river (high security) and regulated river (general security) access licences:

(a) evaporation reductions shall apply to water in the carryover sub-accounts of regulated river (high security) and regulated river (general security) access licences based on the net evaporation on the extra surface area in Windamere Dam and Burrendong Dam water storages generated by the carried-over water,

(b) water allocations shall be withdrawn, under section 85 (5) of the Act, from the carryover sub-accounts of Cudgegong regulated river (high security) and regulated river (general security) access licences at the end of each month, when Windamere Dam water storage is spilling and the water level in Burrendong Dam water storage was in the FMZ for all or part of the month,

(c) the total volume of water allocation withdrawn under subclause (3) (b) shall be the lesser of:

(i) the total volume of water remaining in carryover sub-accounts of Cudgegong regulated river (high security) and regulated river (general security) access licences, or

(ii) the total volume of water spilt from Windamere Dam water storage when the water level in Burrendong Dam water storage is in the FMZ,

(d) pursuant to subclause (3) (b) withdrawals from the individual carryover sub-accounts of each Cudgegong regulated river high security and regulated river (general security) access licence shall be determined using the formula, (TR / TC) × IC, where:

"TR" is the total volume of reduction calculated in subclause (3) (c),

"TC" is the total volume remaining in carryover sub-accounts of Cudgegong regulated river (high security) and regulated river (general security) access licences, and

"IC" is the individual volume remaining in carryover sub-accounts of Cudgegong regulated river (high security) and regulated river (general security) access licences,

(e) water allocations will be withdrawn, under section 85 (5) of the Act, from the carryover sub-accounts of Macquarie regulated river (high security) and regulated river (general security) access licences at the end of each month, when the water level in Burrendong Dam water storage is in the FMZ for all or part of that month,

(f) for the purposes of subclause (e) water assigned from the carryover sub-account of a Macquarie access licence to a Cudgegong access licence shall be treated as if it were in a carryover sub-account of a Macquarie access licence,

(g) the total volume of water allocation withdrawn under subclause (3) (e) shall be the lesser of:

(i) the total volume of water remaining in carryover sub-accounts of Macquarie regulated river (high security) and regulated river (general security) access licences, or

(ii) the result of the formula TI × TC / (TC + EC), where:

"TI" is the total volume of inflow to Burrendong Dam water storage when the water level in Burrendong Dam water storage is in the FMZ,

"TC" is the total volume remaining in carryover sub-accounts of Macquarie regulated river (high security) and regulated river (general security) access licences, and

"EC" is the remaining volume of water carried over in the environmental water allowance from the previous water year, and

(h) pursuant to subclause (3) (e) withdrawals from the individual carryover sub-accounts of each Macquarie regulated river (high security) and regulated river (general security) access licence shall be determined using the formula, (TR / TC) × IC, where:

"TR" is the total volume of reduction calculated in subclause (3) (g),

"TC" is the total volume remaining in carryover sub-accounts of Macquarie regulated river (high security) and regulated river (general security) access licences, and

"IC" is the individual volume remaining in carryover sub-accounts of Macquarie regulated river (high security) and regulated river (general security) access licences,

(i) all water allocations shall be withdrawn, under section 85 (5) of the Act, from the AWD sub-accounts of Cudgegong and Macquarie regulated river (high security) and regulated river (general security) access licences, when all water held in carryover sub-accounts of Macquarie regulated river (high security) and regulated river (general security) access licences has been withdrawn under subclause 3.

Note : The result of subclauses (2) and (3) and the available water determination rules in clauses 36 and 37 is that all regulated river (high security) and regulated river (general security) access licence AWD sub-accounts will be recredited to a volume equivalent to 1 megalitre multiplied by the number of unit shares specified in share components when all water held in Macquarie regulated river (high security) and regulated river (general security) access licence carryover sub-accounts has been eliminated. Once this has occurred, all AWD sub-accounts will continue to be recredited to a volume equivalent to 1 megalitre multiplied by the number of unit shares specified in share components whenever the water level in Burrendong water storage re-enters the FMZ in that water year.