DPR-0454

1 | P a g e

CENTRAL PLAINS WATER LIMITED

SUBMISSION ON PROPOSED PLAN

Form 5: Submissions on a Publicly Notified Proposed Policy Statement or Plan under Clause 6 of Schedule 1 of the Resource Management Act 1991

By email: [email protected]

Full Name: Robyn Fitchett Organisation: Central Plains Water Limited Postal Address: PO Box 9424, Tower Junction, 8149 Email: [email protected] Phone (DDI): 03 928 2916

Trade Competition

Pursuant to Schedule 1 of the Resource Management Act 1991, a person who could gain an advantage in trade competition through the submission may make a submission only if directly affected by an effect of the proposed policy statement or plan that: a) adversely affects the environment; and b) does not relate to trade competition or the effects of trade competition. Please tick the sentence that applies to you:

☒ I could not gain an advantage in trade competition through this submission; or ☐ I could gain an advantage in trade competition through this submission. If you have ticked this box please select one of the following: ☐ I am directly affected by an effect of the subject matter of the submission ☐ I am not directly affected by an effect of the subject matter of the submission

Signature: Date: 10 December 2020 (Signature of person making submission or person authorised to sign on behalf of person making the submission)

Please note: (1) all information contained in a submission under the Resource Management Act 1991, including names and addresses for service, becomes public information. ☒ I do not wish to be heard in support of my submission; or ☐ I do wish to be heard in support of my submission; and ☐ I would be prepared to consider presenting my submission in a joint case with others making a similar submission at any hearing

“Providing reliable and cost-effective water to achieve sustainable value”

2 | P a g e

Submission A. Introduction

A. Thank you for the opportunity to provide feedback on the proposed Selwyn District Plan1.

1. The Central Plains Water Enhancement Scheme2 provides water for community-scale irrigation, stockwater, firefighting, the Selwyn Near River Recharge Project, and some raw water supply to treatment works operated by Selwyn District Council. The water is provided by utilising run-of-river water from both the Rakaia, and Waimakariri rivers, supported by stored water from Lake Coleridge and a storage pond near Sheffield. The Scheme has capacity to provide water to an irrigable area of 60,000 hectares within a command area of over 100,000 hectares. This command area sits within the between the Southern Alps to the west, State Highway 1 to the east, the to the north and the Rakaia River to the south. The total establishment cost of the scheme is in the order of $450 million (excluding on farm-costs). The scale of investment, and the increased productivity as a result of access to water, make the scheme significant to the Selwyn District, and arguably, the nation.

2. The Central Plains Water Trust3 was established jointly in 2003 by Christchurch City Council and Selwyn District Council to implement the Scheme. In July 2012, the Trust was granted resource consents from Environment Canterbury and Selwyn District Council to construct and operate the Scheme. The consents enable the Trust to take and use water for irrigation purposes as well as to construct and operate the Scheme. CPW as a company was subsequently established and is responsible for constructing and operating the Scheme, and for all consent compliance and reporting. For the purposes of this document, hereon the Trust and CPW are referred to collectively as CPW.

3. CPW is committed to creating sustainable value for its shareholders, employees, contractors, suppliers, business partners and the Selwyn District. To achieve this, CPW strives to be a leader in sustainable irrigation performance in New Zealand.

4. CPW works to ensure a net gain to the cultural and ecological health of the environment, which includes Lake Ellesmere/Te Waihora and its catchment. We work to achieve effective integrated management of land and water; and to develop, implement and maintain systems for sustainable management that drive continual improvement. With this we:

a) Meet or exceed applicable legal requirements; b) Understand, uphold and respect cultural heritage, Ngāi Tahu values in relation to water, the natural environment and other taonga; c) Encourage efficient use of natural resources, including reducing and preventing pollution and improving aquifer volumes by reducing reliance on groundwater; d) Enhance biodiversity protection by assessing and considering ecological values;

1 Referred to as "the Plan" 2 Referred to as “the Scheme” 3 Referred to as “the Trust” “Providing reliable and cost-effective water to achieve sustainable value”

3 | P a g e

e) Engage regularly, openly and honestly with people affected by the Scheme and take their views into account in decision making; f) Develop partnerships that foster sustainability in the local communities and enhance economic benefits; g) Frequently review the Scheme’s performance and report to shareholders, the Trust and Regional Council; and h) Ensure compliance with our consent conditions by requiring a high level of water use efficiency, good management farming practices, water quality and quantity monitoring, environmental enhancement funds and various groups and committees overseeing the performance of the Scheme.

5. For CPW, sustainability is about ensuring that the Scheme is viable and contributes lasting benefits to society on a social, environmental, ethical and economic level. To this end, the Scheme infrastructure could be modified (subject to consents) to deliver water for other purposes, such as urban development and further recharge projects. CPW are also investigating the possibility of a water storage facility fed from the existing Headrace Canal to increase the Scheme reliability.

6. Accordingly, CPW has a direct interest in the development of an effective, clear and precise Plan for the Selwyn District.

7. For ease of use, we have structured our primary submissions in the order that the topic appears within the discussion document. Accordingly, these submissions are structured as follows:

B. The specific provisions of the proposed Plan that this submission relates to and the decisions sought from Council, are as detailed in the table in Section B below.

C. The outcomes sought and the wording used is a suggestion only. Where a suggestion is proposed it is with the intention of 'or words to that effect'. The outcomes sought may require consequential changes to the proposed Plan, including Objectives, Policies, or other rules, or restructuring of the Plan, or parts thereof, to give effect to the relief sought.

We welcome the opportunity to further discuss any of the points with Selwyn District Council, should you wish for more information. For any inquiries relating to this feedback please contact Robyn Fitchett on 03 928 2916, or [email protected].

Yours faithfully,

Robyn Fitchett Legal Counsel Central Plains Water Limited

DD. 03 928 2916 Email. [email protected]

“Providing reliable and cost-effective water to achieve sustainable value”

4 | P a g e

B. Feedback

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council Part 1: Introduction and General Provisions / Interpretation

Definition of Important Infrastructure Support this definition. Retain clause k. of the definition of "Important Infrastructure" k. Public and community-scale irrigation and stockwater infrastructure

Definition of Minor Utility Structure Support this definition. Retain clause i. of the definition of "Minor Utility Structure" i. irrigation supply offtake points

Definition of Network Utility Operator CPW supports the inclusion of a definition Retain clause d. of the definition of "Network for "Network Utility Operator" in accordance Utility Operator" Has the same meaning as in section 166 of the RMA with the RMA on the basis that CPW is means a person who – distributing irrigation water for supply and d. undertakes or proposes to undertake the distribution therefore is captured by the definition. of water for supply (including irrigation);

Definition of Reverse Sensitivity Support with amendment. Reverse Amend the definition of "Reverse Sensitivity" Sensitivity is also applicable to existing CPW as follows: The potential for an approved (whether by consent or structures, which may be affected by The potential for an approved (whether by designation), existing or permitted activity to be earthworks. consent or designation), existing or permitted compromised, constrained, or curtailed by the more activity or structure to be compromised, recent establishment or alteration of another activity constrained, or curtailed by the more recent which may be sensitive to the actual, potential or establishment or alteration of another activity which may be sensitive to the actual, potential

“Providing reliable and cost-effective water to achieve sustainable value”

5 | P a g e

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council perceived adverse environmental effects generated by or perceived adverse environmental effects an approved, existing or permitted activity. generated by an approved, existing or permitted activity or structure.

Part 2: District Wide Matters / Energy, Infrastructure and Transport EI – Policies Support. These objectives are framed Retain Policy P1 as proposed. EI -P1 appropriately to recognise the benefit of Recognise the benefits and national, regional, and local network utilities to the district and the importance of important infrastructure by: country.

1. 1. enabling the operation, maintenance, and removal of existing important infrastructure throughout the District; 2. 2. providing for replacement and upgrades, including new technologies, to network utilities, and the development of new network utilities. 3. 3. providing for the functions and responsibilities of network utilities as lifeline utilities during an emergency. 4. 4. acknowledging that important infrastructure can have a functional need or operational need to locate in a particular area, including areas with high natural, visual amenity, or cultural value.

EI – P3 - Encourage the use of land transport corridors CPW supports this policy, with amendment Encourage Permit the use of land transport for the location of network utilities while maintaining to remove the passive nature of the term corridors for the location of network utilities the safe and efficient operation of land transport "encourage". while maintaining the safe and efficient infrastructure. operation of land transport infrastructure.

“Providing reliable and cost-effective water to achieve sustainable value”

6 | P a g e

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council EI – R 26 - Artificial Waterways and Associated CPW supports both rules, and appreciates We seek that R 26 and R 27 are retained as Structures the facilitation of the establishment of new, proposed. All Zones or expansion, maintenance or repair of existing irrigation supply infrastructure to Activity status: PER recognise the flow on economic and environmental benefits to the Selwyn And District, and the nation.

EI – R 27 – Other Network Utility Structures All Zones

Activity status: PER

EI - REQ 15 – Height CPW supports in part and wishes to amend. We seek that the provision is amended as set All Zones out below to accommodate the height of the CPW's irrigation supply offtake points all irrigation supply offtake points: 1. Any minor utility structure shall not exceed a include a telemetry pedestal mast with a maximum height above ground level of 2m solar panel attached. The telemetry 1. Any minor utility structure shall not exceed a pedestal collects the flow and pressure data maximum height above ground level of 2 4m and sends it via a radio network back to CPW. The height of these pedestals is 4m to ensure unobstructed solar radiation to adequately power the solar panel.

“Providing reliable and cost-effective water to achieve sustainable value”

7 | P a g e

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council EI - REQ 16 – Site and Zone Boundary Setbacks Clarification sought. "strategic road" is not defined. General Rural Zone

1. Any structure shall be setback a minimum of: a. 10m from the boundary of any strategic road;

EI - REQ 16 – Site and Zone Boundary Setbacks CPW support these specific exclusions to the We seek that the provisions are retained as General Rural Zone rule requirement, as they relate to the CPWL proposed. Scheme. It is important to minimise the loss This requirement shall not apply to: of productive farmland by constructing • minor utility structures; minor utility structures i.e. irrigation supply • customer connections; offtake points as close to the road boundary • overhead lines; as practicable to reduce the impact on farm, • important infrastructure located within a land and make these structures easily accessible transport corridor; by CPW operatives for maintenance, • above or below ground pipes used for the operation and repair. It is also appreciated conveyance of water for any: that the exclusion applies to pipes used for o community scale irrigation the conveyance of water for community o community scale land drainage scale irrigation where a setback would o community water supply simply not be possible. o stock water supply

Part 2 – District Wide Matters/ Natural Environment Values / Ecosystems and Indigenous Biodiversity EIB – R4 – Indigenous Vegetation Clearance and We support this rule as it is important to We seek that this provision be retained and Earthworks CPW to maintain the indigenous vegetation amended as follows: General Rural Zone and habitats remaining on the Canterbury Activity Status: PER Plains. Balanced with the need to maintain, a. the maintenance, repair, or replacement or repair or replace existing Scheme upgrade of existing fences, vehicle tracks,

“Providing reliable and cost-effective water to achieve sustainable value”

8 | P a g e

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council 4. Indigenous vegetation clearance infrastructure to ensure safe operations. It roads, walkways, firebreaks, dams, waterway may also be necessary to clear indigenous crossings, or network utilities. Where: vegetation for the purposes of upgrading The works are: network utilities as new technologies are developed. a. the maintenance, repair or replacement of existing fences, vehicle tracks, roads, walkways, firebreaks, dams, waterway crossings, or network utilities.

Part 3: Area Specific Matters / Zones

GRZ – General Residential Zone We oppose the absence of a minimum We seek that the following provision is added setback from intensive primary production to the Plan: for the residential zone. The residential zone shall be setback 300m from the closest outer edge of any paddocks, hard-stand areas, structures, or buildings used to hold or house stock, and wastewater treatment systems used for intensive primary production.

GRUZ – REQ8 – Intensive Primary Production Setback We oppose in part and wish to amend this CPW seek that the provision is amended as set requirement. out below:

The reasons for this are that intensive All paddocks, hard-stand areas, structures, primary production may already occur buildings used to house stock, and wastewater within the suggested 300m setback of a treatment systems associated with intensive sensitive activity (e.g. rural schools) or 1km primary production, shall be located a of a residential zone (both of which are minimum distance of 300m 100m from the “Providing reliable and cost-effective water to achieve sustainable value”

9 | P a g e

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council continually creeping into productive rural notional boundary of any lawfully established areas). Up to 1km of currently productive existing sensitive activity on another site, and land could be lost under this rule which 1km 300m from any residential zone. would equate to some farms entire productive land area. Part 3: Area Specific Matters / Designations / CPW – 1 Central Plains Water Scheme

1. General Conditions We oppose in part the changes to this We seek that the provision is amended as set 3. Finalisation of the Designation Corridor condition and wish to reinstate the original out below: condition in the existing CPW designation. 3. Finalisation of the Designation Corridor All Stages of the Scheme are now Notwithstanding condition 1.2, the Requiring constructed and operational, and the head Authority shall within 3 years of the race canal extension may still be required by designation being confirmed, complete CPW to meet the future demands of the sufficient design to: Scheme. a. Prior to commencing construction of each Stage of the Scheme, complete sufficient design to determine the extent of designation “reasonably necessary” to construct the head race canal in that Stage; and b. Within 3 months of completing each Stage of the Scheme, remove the designation over the balance of the land which is no longer required in that Stage in accordance with section 182 of the Resource Management Act 1991.

“Providing reliable and cost-effective water to achieve sustainable value”

10 | P a g e

Specific Provision in the Proposed Plan Submission Decision sought from Selwyn District Council 7. Landscape and rehabilitation conditions CPW support the inclusion of this condition We seek that this condition is retained as 1. Landscape and Rehabilitation Objectives to the designation, which is also a condition proposed. to CPW's 'global consent' for the installation, b. reinstate vegetation cover on previously use and maintenance of the Scheme. vegetated areas disturbed by construction or maintenance activities, except those areas which: i. contain components of scheme infrastructure or permanent access; or ii. are necessary to provide habitat to avifauna, lizards, or invertebrates.

“Providing reliable and cost-effective water to achieve sustainable value”