An Audit of Seven Environmental Bulk Entitlements – Recommended, Planned, and Actual Release of Environmental Water to ’s Stressed Rivers

A report for the Healthy Rivers Campaign, Environment Victoria

Author: Matt Stafford, ME, University of , 2008

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Contents

EXECUTIVE SUMMARY ...... 5

MAIN FINDINGS ...... 6 STRUCTURE OF THE REPORT...... 7

PART 1: INTRODUCTION ...... 8

1.1 A DEFINITION OF ‘ENVIRONMENTAL FLOWS’ ...... 8 1.2 ENVIRONMENTAL FLOWS AND THE VICTORIAN POLICY CONTEXT...... 11 1.2.1 MANAGEMENT OF ENVIRONMENTAL FLOWS...... 13 1.3 IMPORTANT ISSUES TO CONSIDER WITH ENVIRONMENTAL FLOW AUDITING...... 13

PART 2: THE ENVIRONMENTAL FLOW AUDIT ...... 15

2.1 – FLORA AND FAUNA BULK ENTITLEMENT...... 16

2.1.1 BACKGROUND ...... 16 2.1.2 RECOMMENDED RELEASE OF ENVIRONMENTAL WATER (2006/7)...... 17 2.1.3 ACTUAL RELEASES OF ENVIRONMENTAL WATER (2006/7)...... 17 2.1.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES...... 17

2.2 BARMAH-MILLEWA FOREST ENVIRONMENTAL WATER ALLOCATION...... 18

2.2.1 BACKGROUND ...... 18 2.2.2 RECOMMENDED ENVIRONMENTAL FLOWS ...... 18 2.2.3 ACTUAL ENVIRONMENTAL WATER RELEASES - 2005-6 ...... 19 2.2.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES...... 20

2.3 WIMMERA AND GLENELG RIVERS...... 21

2.3.1 BACKGROUND ...... 21 2.3.2 RECOMMENDED ENVIRONMENTAL FLOWS ...... 21 2.3.3 ACTUAL RELEASES OF ENVIRONMENTAL WATER 2005/6 ...... 21 2.3.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES...... 22

2.4 ...... 24

2.4.1 BACKGROUND ...... 24 2.4.2 RECOMMENDED ENVIRONMENTAL WATER RELEASES ...... 25 2.4.3 ACTUAL RELEASE OF ENVIRONMENTAL WATER ...... 26 2.4.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES...... 27

2.5 THOMSON RIVER ...... 28

2.5.1 BACKGROUND ...... 28 2.5.2 RECOMMENDED ENVIRONMENTAL WATER RELEASES ...... 28 2.5.3 ACTUAL ENVIRONMENTAL WATER RELEASES 2005/6 ...... 28 2.5.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES 2005/6...... 28

2.6 ...... 30

2.6.1 BACKGROUND ...... 30 2.6.2 RECOMMENDED ENVIRONMENTAL FLOWS ...... 30 2.6.3 ACTUAL ENVIRONMENTAL WATER RELEASES 2006/7 ...... 30 2.6.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES...... 31

2.7 ...... 32

2.7.1 BACKGROUND ...... 32 2.7.2 RECOMMENDED ENVIRONMENTAL FLOW RELEASES ...... 32 2.7.3 ACTUAL ENVIRONMENTAL WATER RELEASES 2006/7 ...... 32 2.7.4 ASSESSMENT OF ENVIRONMENTAL WATER RELEASES...... 32

PART 3: CONCLUSION AND IMPORTANT OBSERVATIONS...... 34

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THE MURRAY RIVER FLORA AND FAUNA BULK ENTITLEMENT ...... 34 THE MURRAY RIVER BARMAH-MILLEWA FOREST ENVIRONMENTAL WATER ALLOCATION ...... 34 WIMMERA-GLENELG RIVERS ...... 35 SNOWY RIVER ...... 35 THOMSON RIVER...... 36 LODDON RIVER ...... 36 YARRA RIVER ...... 36 IMPORTANT LESSONS FROM THE ENVIRONMENTAL FLOW AUDIT PROCESS...... 37

REFERENCES...... 38

APPENDIX 1 – MURRAY RIVER FLORA & FAUNA BULK ENTITLEMENT - PLANNED AND ACTUAL RELEASES OF ENVIRONMENTAL WATER...... 40

PLANNED RELEASES FOR 2006/7 MURRAY FF ENTITLEMENT DISTRIBUTIONS ...... 40 ACTUAL RELEASE UNDER THE FLORA AND FAUNA BE (2006/7) ...... 41

APPENDIX 2 – WIMMERA & GLENELG ENVIRONMENTAL FLOW RECOMMENDATIONS ...... 42

FLOW RECOMMENDATIONS FOR SYSTEM ...... 42 FLOW RECOMMENDATIONS FOR SYSTEM...... 43 PLANNED AND ACTUAL RELEASE OF ENVIRONMENTAL WATER FOR THE WIMMERA AND GLENELG RIVERS ...... 44

APPENDIX 3 – THOMSON RIVER ENVIRONMENTAL FLOW RECOMMENDATIONS & ACTUAL RELEASES ...... 45

THOMSON RIVER ENVIRONMENTAL FLOW RECOMMENDATIONS...... 45 THOMSON RIVER - ACTUAL RELEASE OF ENVIRONMENTAL WATER IN 2005/6...... 46

APPENDIX 4 – LODDON RIVER ENVIRONMENTAL FLOW RECOMMENDATIONS & RELEASES ...... 47

LODDON RIVER ENVIRONMENTAL FLOW RECOMMENDATIONS ...... 47 LODDON RIVER – ACTUAL RELEASES OF ENVIRONMENTAL WATER 2005/6 ...... 48

APPENDIX 5 - YARRA RIVER ENVIRONMENTAL FLOW RECOMMENDATIONS AND RELEASES ...... 49

YARRA RIVER ENVIRONMENTAL FLOW RECOMMENDATIONS ...... 49

APPENDIX 6 – THE CORPORATISATION ACT 1997 SECTION 57...... 52

APPENDIX 7 – LIST OF USEFUL CONTACTS ...... 53

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Executive Summary

Approximately 79% of Victoria’s rivers and tributaries are currently in poor or very poor condition, due to rising demands on limited water resources for irrigation and urban domestic purposes and the inflow of highly contaminated/polluted runoff (DSE 2005c). With increasing demands for high quality high reliability water, the deteriorating trend of river health is likely to continue. Unless these rivers can be rehabilitated through further environmental works programs (willow removal, revegetation programs etc.) and the reallocation of water to increase targeted environmental flows, the downward trend of river health will increasingly pose serious problems for the social and cultural wellbeing of urban and rural communities, regional and national economic growth, and the ecological integrity and health of riparian and in-stream environments. In light of increasing concern within various riverine communities across Victoria over the deteriorating health of their local river systems, Environment Victoria has taken on the task assessing the effectiveness of the environmental water entitlements for Victoria’s stressed rivers.

In recognition of the social, environmental and economic threats posed by the deteriorating health of Victoria’s river systems, the Victorian Government has reformed the Water Allocation Framework, and has since established the Environmental Water Reserve (EWR) which recognises the environment’s requirement for an amount of water in order to achieve specific outcomes for river health (e.g. channel maintenance and silt removal) and ecological integrity (e.g. maintenance of in-stream an riparian ecosystems, watering of River Redgums, and bird breeding). The EWR includes all water that is not consumed within the basin, and therefore includes 1) base passing flows, 2), surplus flows, 3) traded water leaving the river basin, and 4) water set aside in storage for environmental purposes stipulated as a Bulk Entitlement (BE). However due to the difficulty in obtaining accurate data on base passing flows, surplus flows, and water traded out of the basin, the scope of this report has been greatly reduced, and therefore is specifically concerned with those rivers that have been assigned a specific environmental BE. The seven (7)1 environmental BEs, as stipulated in the Victorian Government’s Gazette, covered in this report include:

1. Murray River - Bulk Entitlement (River Murray - Flora and Fauna) Conversion Order 1999

2. Murray River (Barmah-Millewa Forest) - River Murray (Barmah – Millewa) Environmental Water Allocation (EWA)2

3. Wimmera and Glenelg Rivers - Bulk Entitlement (Wimmera and Glenelg Rivers – Flora and Fauna) Conversion Order 2004

4. Snowy River

I. Bulk Entitlement (Goulburn System – Snowy Environmental Reserve) Order 2004 – Amendment Order (2006)

II. Bulk Entitlement (River Murray – Snowy Environmental Reserve) Order 2004

III. Bulk Entitlement (Broken System – Snowy Environmental Reserve) Conversion Order 2005

5. Thomson River - Bulk Entitlement (Thomson River – Environment) Order 2005

6. Loddon River - Bulk Entitlement (Loddon River – Environmental Reserve) Order 2005

7. Yarra River – Yarra Environmental Entitlement 2006

1 In 2007, The Victorian Government gazetted a new environmental Bulk Entitlement for the Silver and Wallaby Creeks – Silver and Wallaby Creeks Environmental Entitlement 2006. However as this BE only stipulates passing flow rules that are aimed at enhancing environmental indicators and does not set aside a volume of water in storage, this report does not analyse this BE. 2 Although the Barmah‐Millewa Environmental Water Allocation is not gazetted as a specific Bulk Entitlement, it does set aside a specific volume of water in storage to be used for environmental purposes, and is therefore considered in this report.

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Ultimately, the purpose of this report is to 1) compile the recommended environmental flow amounts/regimes for the above-mentioned river systems, 2) compare these recommendations with the amount/regime delivered, and 3) analyse the discrepancies between the recommended environmental flows and their actual delivery.

Main Findings

While the Environmental Water Reserve is a policy tool which was designed to secure water for environmental purposes through 1) the provision of minimum passing flows, 2) inter-basin water transfers, and 3) specific volumes of water set aside under environmental Bulk Entitlements, this report found that the environmental Bulk Entitlement for many river basins had been qualified by the Minister of Environment, thus making environmental flows mostly, if not totally, dependent upon minimum passing flows and inter-basin water transfers. In many instances, this has resulted in increased stress on instream and riparian ecosystems which ultimately undermines the long-term ecological sustainability of present water resource management practices.

In addition, while the scope of the report demanded a rigorous audit of the recommended, planned, and actual release of environmental water under the environmental Bulk Entitlement system, unfortunately in many cases this was not possible. Notwithstanding this, several important observations were made which, if addressed, will greatly enhance the ability to perform rigorous audits of environmental flows and facilitate the communication of environmental flow management decisions to the wider public:

1) While reach-by-reach, season-by-season environmental flow recommendations made by the authors of the environmental flow reports are helpful, the failure/inability to provide an estimate of an overall volume of water required to achieve specific environmental objectives for the particular river system undermines the ability to benchmark the current provision of environmental water under the environmental Bulk Entitlement (or equivalent). This remains inconsistent with the Government’s general desire to determine an absolute annual quantity to be released as environmental flows, as illustrated by its penchant toward volumetric environmental Bulk Entitlements, and makes it impossible to determine the amount by which volumetric provisions made under environmental Bulk Entitlements must be increased in order to meet stated ecological objectives.

2) The reporting on actual releases of in-storage environmental water is, in many cases, of poor quality and largely inconsistent with the level of detail and format employed by Technical Panels in the environmental flow recommendation reports. This undermines the ability to determine the effectiveness of environmental water releases in achieving the ecological objectives stipulated in the environmental flow recommendation reports on a reach-by-reach, season-by-season basis.

3) Where CMAs have been assigned the role as Environmental Water Managers (EWM) to manage environmental flows, gaining access to the Annual Water Plans and Annual Compliance Reports (or equivalent) was simple. However, in the case of the Snowy River, obtaining detailed information on environmental flow recommendations and actual releases for the water year was impossible, due to commercial in-confidence restrictions on this information.

4) Despite being stated as a legal entitlement of water for the environment, it remains unclear however what the legal repercussions are if either the in-storage environmental water entitlements (provisions outlined in

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environmental BE Orders) or minimum passing flows (rules stipulated in consumptive BE Orders held by Water Authorities) are not respected. More clarification is needed by the Victorian government to ensure that the amount of water that the environment is legally entitled to under the EWR is supported by rigorous monitoring activities and clear penalties for compliance failure;

5) Although the revised Water Allocation Framework gives a legal share of water resources to the environment, reserve powers granted under the Water Act (1989) give the Minister for Environment the power to qualify environmental water entitlements so that more water can be reallocated for consumptive uses. It has been shown here that on several occasions, this reserve power has been used, and has resulted in reduced environmental flows to already highly stressed rivers across Victoria.

Structure of the Report

In light of the complex nature of the concept of ‘environmental flows’, Part I provides a basic overview of the concept by outlining the various objectives, components, strategies employed in the management and delivery of environmental flows. It is argued that much of the confusion surrounding environmental flows is due to an inconsistent use of language and the current inability to accurately measure the volume of water that can be considered environmental flows. Part II provides a brief outline of the Victorian policy context, namely the Victorian Water Allocation Framework, within which environmental Bulk Entitlements are defined, qualified, and managed. Finally, treating each river system in-turn, Part III outlines the recommended environmental flow regimes by Expert Panels (or equivalent), compares these regimes with the planned and actual releases, and finally offers comments on any discrepancies and other shortcomings related to the actual release of environmental water and their reporting. Appendices are provided at the end of the report which provide 1) further technical detail on the recommended, planned and actual releases of environmental flows for each river system covered in this report, 2) the compliance record of local water authorities to provide minimum passing flows, and 3) a helpful contact list of people in the DSE, CMAs, and Water Authorities who have been helpful in providing information for this report, and who should be contacted directly for further information on the river systems that they manage.

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Part 1: Introduction

1.1 A Definition of ‘Environmental Flows’

An environmental flow is the flow of water in a river channel ‘needed to satisfy specified ecological requirements [which] reflect the needs of animals and plants dependent on the river, its banks, floodplains and as well as the ecological processes that keep the river healthy’ (DSE 2007c). Put simply, the term ‘environmental flow’ refers to those flows in both regulated and unregulated rivers that aim to achieve environmental benefits, as opposed to the flow of water allocated for consumptive uses (i.e. irrigation, industry, and urban demand). Importantly, to avoid confusion when discussing environmental flows, it is necessary to distinguish between environmental flow objectives and strategies. Environmental flow objectives are the intended outcomes to be achieved through release of environmental water and may include scouring the river channel, providing connectivity between aquatic ecosystems, and providing floods and dry spells cycles for plant germination (esp. River Redgums) and species regeneration (see Table 1). Environmental flow strategies are the means by which those objectives may be realised, and include extraction caps, extraction constraints, and / releases (Land and Water 2007).

Table 1 – Primary Objectives of Environmental Flows

Protect the physical structure of the waterbody for Improve water quality habitat for fauna and flora’

‘Maintain the geomorphic structure of the water body Increase biodiversity and species richness and (channel maintenance) improve/increase health of riparian and instream vegetation

Reinstate or maintain natural flooding patterns Reduce the impact of man made barriers (especially (seasonality/duration/frequency of wetting events) for fish species)

Source: Adapted from DSE (2007: 6) and West CMA (2005)

Furthermore, it is important to distinguish environmental flows into 1) in-stream and 2) in-storage components. In Victoria, in-stream components are usually stated as conditions on Water Authorities’ Bulk Entitlements (see below) to provide passing flows (or base passing flows) for associated river systems. The condition to provide minimum passing flows are placed on the Water Authorities’ BE because Water Authorities are responsible for regulating river flows through management of storage infrastructure such as , , and weirs. On unregulated rivers in- stream environmental flows are stated in Streamflow Management Plans (SFMPs), which place restrictions on the quantity and timing of water extraction for consumptive uses (e.g. irrigation and stock-and-domestic), thus allowing a larger quantity of water to flow down the river for non-consumptive use and environmental benefit. In-storage environmental water is normally stated as a Bulk Entitlement specifically for the environment, and quantified as a volume-share of a particular dam or reservoir (e.g. ) set aside to be released under a particular flow regime (see below) to maintain or improve the ecological integrity of rivers and floodplains. Notwithstanding this,

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accurate accounting of environmental flows for a particular river system solely in terms of its in-storage component is problematic as this quantity fails to incorporate seasonal inflows from creeks and rivers downstream of the reservoir.

Despite the convenience of providing a crude volumetric measure of water to be released to achieve environmental objectives, it is important to examine how that volume of water is delivered, or the environmental flow regime. An environmental flow regime incorporates the magnitude (volume/day), duration (length of time for the flow event) and timing/frequency (season of the year, cycle of years) of the release of environmental water. The different environmental flow events that make up the regime include 1) cease-to-flow, 2) low-flow freshes, 3) high-flow freshes, 4) Bankfull, and 5) overbank flow events (see Figure 1). Each flow event corresponds to a particular environmental objective or outcome (see Table 2). Ideally, the environmental flow regime should mimic the natural (i.e. pre- regulated flow quantities and patterns) intra and inter-annual variability of flow in the river system (Blackham et al 2002; Kuiper 2002; DSE 2007c).

Figure 1 – A Typical Flow Regime for Victorian Rivers

Source: DSE (2005)

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Table 2 – Environmental Flow Strategies / Flow Regimes

Flow Channel Flow Timing Frequency Duration Features Component Characteristics

Cease to flow No surface flow Summer Annual Varies from Ecological months to days disturbance

Dries habitats and substrates

Low flow Minimum flow in Summer Annual Weeks to months Connects inter- channel stream habitats

Continuous flow in some parts of channel

Freshes Flow greater than Summer Can be several in Generally days Biological triggers median flow for that each period period Spring Input into habitats

High flow Connects most in- Autumn Maybe several Days to weeks Inundation of channel habitats annually instream habitats Winter Less than bankfull Channel Spring connectivity May include flow in minor floodplain Allows migration channel Inundation of organic matter

Sediment movement

Bankfull High flow within Winter Generally at least Days to weeks Channel and channel capacity annually habitat forming Spring Flow in other Sediment channels movement (anabranches etc.)

Overbank Flow extends to Winter Can be annual or Days Floodplain floodplain less frequent connectivity Spring Surface flows Organic matter inputs

Source: DSE (2002)

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1.2 Environmental Flows and the Victorian Policy Context

As an integral component of the revised Water Allocation Framework, the Victorian Government has established the Environmental Water Reserve (EWR), which provides the framework through which the environment has a ‘legal’ right to a formal entitlement of water. Formally established under the Water (Resource Management) Act 2005, the objective of the EWR is to ‘preserve the environmental values and health of water ecosystems, including their biodiversity, ecological functioning and quality of water and other uses that depend on environmental condition’ (s4B(1) – Water (Resource Management) Act 2005).

Under the EWR, water is earmarked for the environment, and is operationalised through the following instruments:

1) Bulk Entitlements for the environment – annual volumetric entitlement of water and share of reservoir capacity to be released in a manner (particular flow regime and season) which maximizes ecological objectives. Environmental BEs are thus only applicable to regulated rivers, and are held by the Minister of Environment (see Box 1, below);

2) Passing Flows – minimum flows which must be released from a reservoir by a Water Authority before pumping for consumptive uses can occur, and thus are mainly applicable to regulated rivers. The objective of minimum passing flows is to maintain connectivity between river reaches. The minimum passing flow rates are stipulated in each Water Authority’s Bulk Entitlement. Passing flows can also be applied to weirs etc to operationalise the EWR on unregulated rivers;

3) Streamflow Management Plans (SFMPs) – stipulate water sharing rules between consumptive users and the environment in unregulated river systems, and therefore provide a minimum environmental flow for the river system (two SFMPs are currently in place in Victoria, both in the Yarra Basin); and

4) Water leaving the basin – this includes 1) water traded out-of-basin, 2) water under consumptive entitlements not extracted, and 3) above-cap water (water in excess of all BEs, passing flows, and SFMPs).

Box 1 – Bulk Entitlements – a brief definition

A bulk entitlement is a right to water granted to urban and rural water authorities and other selected bodies (e.g. electricity companies) to use and supply water. Rural water authorities then distribute the water to their customers. These customers include irrigators who receive a regulated supply under their own entitlements in the form of water rights or licences, urban authorities that receive a bulk supply under their own bulk entitlement and rural properties that receive a domestic and stock supply. Bulk entitlements held by the Minister for the Environment are used for environmental purposes.

Source: DSE (23007a), p. 19.

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Despite this wide range of instruments available to the Government, Water Authorities, and Catchment Management Authorities (CMAs) to guarantee adequate amounts of water to the environment, a large proportion of water currently allocated to the environment is derived through conditions placed on Water Authorities’ Bulk Entitlements to provide minimum passing flows. There are however several river systems that do currently have an environmental BE which grant a volume of water/share of reservoir space to harvest and release water to maximise ecological objectives. Currently in Victoria, there are eight environmental bulk entitlements, seven of which have a specific in-storage component:

1. Murray River - Bulk Entitlement (River Murray - Flora and Fauna) Conversion Order 1999

2. Murray River (Barmah-Millewa Forest) - River Murray (Barmah – Millewa) Environmental Water Allocation (EWA)3

3. Wimmera and Glenelg Rivers - Bulk Entitlement (Wimmera and Glenelg Rivers – Flora and Fauna) Conversion Order 2004

4. Snowy River

I. Bulk Entitlement (Goulburn System – Snowy Environmental Reserve) Order 2004 – Amendment Order (2006)

II. Bulk Entitlement (River Murray – Snowy Environmental Reserve) Order 2004

III. Bulk Entitlement (Broken System – Snowy Environmental Reserve) Conversion Order 2005

5. Thomson River - Bulk Entitlement (Thomson River – Environment) Order 2005

6. Loddon River - Bulk Entitlement (Loddon River – Environmental Reserve) Order 2005

7. Yarra River – Yarra Environmental Entitlement 2006

8. Silver and Wallaby Creeks – Silver and Wallaby Creeks Environmental Entitlement 2006 (Passing Flows Only)4

The objective of this audit is to compare, for those river systems that have been granted an environmental Bulk Entitlement, the actual release of environmental water during the water reporting year with the recommended environmental flows (as determined by independent Technical Panels). Rivers without a defined in-storage environmental water entitlement have been excluded due to the inability to obtain detailed quantitative data on the quantity, timing, or location of the release/application of environmental water. The audit also attempts to provide a broad assessment of the problems pertaining to both the physical release and the reporting of environmental water releases.

3 Although the Barmah‐Millewa Environmental Water Allocation is not gazetted as a specific Bulk Entitlement, it does set aside a specific volume of water in storage to be used for environmental purposes, and is therefore considered in this report. 4 As the gazetted Silver and Wallaby Creek Environmental Entitlement 2006 contains minimum passing flow rules and does not set aside a volume of storage space in a reservoir for environmental purposes, this Bulk Entitlement will not be discussed in this report.

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1.2.1 Management of Environmental Flows

The Victorian River Health Strategy (2002) broadened the role of the Catchment Management Authorities (CMAs) to become the ‘caretakers of river health’. As the Environmental Water Managers (EWM), the CMAs are considered by the Government to be ideally placed to manage the in-storage environmental flows included in the Environmental Water Reserve. There are however some exceptions to this: is the EWM for the Yarra River environmental BE and the DSE is the EWM for the Murray Flora and Fauna BE. Additionally, Snowy Hydro Limited (SHL) which operates the dam infrastructure at Jindabyne (NSW) for hydroelectric power generation, is jointly responsible with the NSW Ministerial Corporation for the release of environmental water for the Snowy River (discussed further in Section 2.4 below). While the CMAs play a largely passive role in those river systems where the EWR is made up only of minimum passing flows, where a river system has an in-storage environmental water entitlement (or BE) the CMAs play an active role in the following aspects:

1) using recommendations made by independent Technical Panels for environmental flow requirements (magnitude, timing/frequency, regime) of the river system to develop river health and floodplain management plans; 2) developing Environmental Operating Strategies (EOS) which are 5-year strategic plans which define the principles for managing the environmental water entitlement; 3) developing Annual Watering Plans or Annual Distribution Plans – based on the principles outlined in the EOS – that stipulate the planned reach-by-reach releases of environmental water (magnitude, timing/frequency, regime) for the forthcoming year; 4) monitor the ecological responses of the planned release of environmental water; and 5) producing Compliance Reports or Review of Usage Reports which identify positive and negative outcomes of the actual environmental water releases, and the level of compliance to the planned release schedule outlined in the Annual Watering Plans.

1.3 Important Issues to Consider with Environmental Flow Auditing

Notwithstanding the apparent comprehensive nature of the Victorian Water Allocation Framework briefly outlined above – most notably the ‘legal’ entitlement of water set aside for the environment – there remain some important issues that should be considered when examining environmental flows, especially under drought conditions. They include the following:

• Although the revised Water Allocation Framework gives a legal share of water resources to the environment, reserve powers granted under the Water Act (1989) give the Minister for Environment the power to qualify environmental water entitlements so that water can be reallocated for consumptive uses. This is stipulated in s42 in the Water Act (1989);

• As low-security water (e.g. reservoir spills) can potentially contribute a large proportion of environmental water (under the EWR) for a particular river system, it is important to note that as long-term average inflows

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to storages decrease the proportion of the lower inflows available to the environment is also likely to decrease. For instance, environmental flow modelling in the system showed that a long-term decline of 20% of reservoir inflows would result in a decrease from 43% to 37% of total inflows allocated to the environment (DSE 2005b). One possible way to overcome the disproportionate burden carried by the environment during water shortages is to stipulate both consumptive and environmental bulk entitlements in terms of relative shares to reservoir inflows, rather than as volumetric quantities;

• Despite being stated as a legal entitlement of water for the environment, it remains unclear however what the legal repercussions are if either the in-storage environmental water entitlements (provisions outlined in environmental BE Orders) or minimum passing flows (rules stipulated in consumptive BE Orders held by Water Authorities) are not respected. More clarification is needed by the Victorian government to ensure that the amount of water that the environment is legally entitled to under the EWR is supported by rigorous monitoring activities and clear penalties for compliance failure;

• Stormwater, recycled water, irrigation drainage flows, and unmeasured tributary inflows downstream of river storages, can potentially make a valuable contribution to the health of river systems, but however are not currently quantified accurately under the Environmental Water Reserve (EWR); and

• Where there are minimal stream gauges (compliance points) along a particular river reach, this can lead to either an inaccurate assessment of the actual environmental health of the river reach. For instance, where tributary inflows to a river reach are measured at a single downstream compliance point, the region of the river reach above the point at which the tributary connects with the river may in fact be highly stressed due to low-flow or cease-to-flow periods. Likewise, extractions made downstream of a compliance point may cause similar stress to the downstream area of the river reach, but the increased stress is not accounted for at the compliance point (see Figure 2).

• In some cases, recommendations may demand that a certain quantity of environmental water is to be released under a particular watering regime or flooding event at a specific location, but due to current physical system constraints (e.g. insufficient channel capacity, insufficient gauge/measurement/monitoring infrastructure, insufficient physical infrastructure such as weirs and channels), such recommended releases of environmental water cannot realistically be delivered.

Figure 2 –Measuring Environmental Flows & the Potential for Non- compliance

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Source: Earth Tech (2003)

Part 2: The Environmental Flow Audit

This section of the report provides an account of the actual releases of environmental water for those river systems that have an in-storage entitlement of water set aside to be released to achieve ecological objectives. While most river systems covered in this audit have this in-storage environmental entitlement specified under environmental Bulk Entitlements, others such as the Barmah-Millewa Forest environmental water entitlement is covered under the Environmental Water Allocation (EWA), and increased flows to the Snowy River from Victorian water-saving initiates are covered under the Snowy Environmental Water Reserve. Despite these differences, the format of the audit for each river system remains consistent, with each river system being discussed in-turn, with subsections that:

1) Outline the brief background of the particular bulk entitlement (or equivalent) instrument, including:

a. The Bulk Entitlement Order (or equivalent), as stipulated in the Victorian Government’s Gazette;

b. Storage location;

c. Entitlement volume;

d. Pertinent operating rules; and

e. The responsible agency managing the release, monitoring, and reporting of the environmental water release.

2) List the recommended environmental flows (by location, season, quantity, frequency, and duration, where applicable)

3) List the actual releases of environmental water (by location, season, quantity, frequency, and duration, where applicable)

4) Identify the discrepancies between the recommended flows and actual release of environmental water, and provide an overall assessment of the management of environmental flows for the reporting year.

It is important to note however, that there remains some very important measuring and reporting issues that compromise the validity and accuracy of environmental flow auditing in Victoria, and the ability to accurately quantify the ecological benefits brought about by in-storage environmental water releases. First, there is a lack of consistency in the level of detail by which environmental flow recommendations are made by Technical Panels. While most environmental flow recommendation reports suggest detailed environmental flow regimes (season, magnitude, frequency, and duration), they mostly fail to provide estimates of the overall volume of environmental water necessary to release the recommended environmental flow regimes in a typical water year. This remains inconsistent with the Government’s general desire to determine an absolute annual quantity to be released as environmental flows, illustrated by its penchant toward volumetric environmental Bulk Entitlements. Second, the reporting on actual releases of in-storage environmental water is, in many cases, of poor quality and largely inconsistent with the level of detail and format employed by Technical Panels in the environmental flow recommendation reports. This undermines the ability to determine the effectiveness of environmental water releases in achieving the ecological objectives stipulated in the environmental flow recommendation reports on a reach-by-reach, season-by-season basis.

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2.1 Murray River – Flora and Fauna Bulk Entitlement

2.1.1 Background

An environmental water entitlement for the Murray River is legally provided by the Bulk Entitlement (River Murray – Flora and Fauna) Conversion Order 1999, providing an in-storage entitlement of 27,600ML, which is held in Hume and Dartmouth reservoirs. Previously it could not be held over to the next irrigation season, but in early 2007 the Victorian Government announced that unused water from an entitlement could be carried over to the next irrigation season. The Murray River F&F Bulk Entitlement provides 2,600 ML for Hird and Johnson Swamps, with the balance to be released in a manner which maximizes benefits to flora and fauna of other along or with access to the Murray River system, such as:

1. Murray River wetlands 2. Barmah forest (part of the 27.6 GL can be used to enhance the 100GL Environmental Water Allocation for Barmah-Millewa Forest – see below) 3. Gunbower forest 4. Kerang wetlands 5. Hattah lakes system 6. and other wetlands systems 7. Lindsay/Walpolla/Mulcra Island systems.

The Department of Sustainability and Environment (DSE) is the Environmental Water Manager (EWM) for the Murray River Flora and Fauna BE. The Murray Fauna and Flora Advisory Group (to which Environment Victoria makes representation) makes recommendations regarding the most appropriate use of the allocation, based on values, system constraints, previous usage, climatic conditions and required wetting/drying cycles of individual wetlands. Approval is then sought from the Executive Director, Biodiversity and Ecosystem Services, DSE. Each year the DSE publishes an Annual Distribution Program which guides how and where the 27.6 GL of environmental water will be released/applied to the lakes and wetlands along the Murray River. The environmental objectives guiding the use of the Flora and Fauna BE are listed as follows (DSE, 2007b) • Protect the physical structure of the waterbody for habitat for fauna and flora • Maintain the geomorphic structure of the water body (channel maintenance) • Improve water quality and increase biodiversity and species richness • Reinstate or maintain natural flooding patterns (seasonality/duration/frequency of wetting events) • Improve/increase health of riparian and instream vegetation • Reduce the impact of man made barriers (especially for fish species). An assessment of the ecological benefits and compliance to the operation rules set out in the Bulk Entitlement Order is published by the DSE in the Annual Review of Usage Report. Both the Annual Distribution Program and the Annual Review of Usage Report can be requested from the DSE.

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2.1.2 Recommended Release of Environmental Water (2006/7)

Despite conducting a comprehensive search for environmental flow studies to guide the application of environmental water under the Murray Flora and Fauna Bulk Entitlement, to date no study has been located for any of the abovementioned network of lakes and wetlands. Notwithstanding this, planned environmental water releases for 2006/7, totalling 26,220 ML, have been developed by the DSE and are outlined in detail in Appendix 1.

2.1.3 Actual Releases of Environmental Water (2006/7)

In August 2006, the water allocation in the Murray system was 81% which increased to a final allocation figure of 95% by mid October 2006, which means that there was 26,220 ML of water held in Hume and Dartmouth Reservoirs allocated for environmental purposes (DSE 2007d). From this, a total of 19,282ML was delivered under the Flora and Fauna Bulk Entitlement and another 13,100 ML derived from Snowy Water Savings projects redistributed between Hattah Lakes and Lindsay, Mulcra, and Wallpolla Islands. Due to low allocations in the Murray River system and the potential for 0% allocations in 2007/8, it was decided by DSE to carry-over nearly 7 GL of the Murray Flora and Fauna water entitlement, as it may be the only water that is available for release into the Murray lakes and wetland systems during the 2007/8 season (DSE 2007d).

A more detailed list of actual releases of environmental water to the network of lakes and wetlands covered by the Flora and Fauna BE can be found in Appendix 1.

2.1.4 Assessment of Environmental Water Releases

Under the Murray River Flora and Fauna Bulk Entitlement, there is an entitlement of 27.6 GL of water to be released for environmental purposes. For the reporting year 2006/7, the DSE released 19,282 ML out of a total of 26,220 ML (95% allocation), and chose to carry-over the remaining 6,938 ML for the 2007/8 season. Therefore high priority lakes and wetlands have some environmental water available in the 2007/8 season, despite the high likelihood of very low allocation for the 2007/8 season. Despite the failure to release the full allocation in 2006/7, an extra 13,100ML were drawn from Snowy Water Savings projects and redistributed between Hattah Lakes and Lindsay, Mulcra, and Wallpolla Islands situated along the Murray River. While making an overall assessment of the environmental releases for 2006/7 reporting year, it is clear that dramatic undersupply of environmental water occurred at Round , Cardross Lakes, Lake Hawthorn, Hird Swamp, and Hird Swamp East. Thus while extra environmental water was sourced from Snowy Water Savings projects, the distribution of this water appears to be incongruent with the requirements of the lake and wetlands covered under the Flora and Fauna BE. Moreover, due to a lack of detailed environmental flow recommendation reports for each of the lakes and wetlands dependent upon the Murray River, it is impossible to determine how much extra water is needed (and the regime by which it should be applied) to ensure the long-term health and viability of the lake and wetland network.

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2.2 Barmah-Millewa Forest Environmental Water Allocation

2.2.1 Background

The Barmah-Millewa Forest Environmental Water Allocation (EWA) provides an annual entitlement of 100 GL of environmental water for the Barmah-Millewa Forest, to which Victoria and NSW contribute 50% each. Importantly, while there is no provision for the 50 GL (Victorian share) under a specific Bulk Entitlement Order, the BMF EWA is examined in this report because it occupies physical space in water storage in much the same way as a typical environmental BE. The BMF EWA is stored in Hume and Dartmouth Dams, and may be carried over in storage from year to year, provided there is free airspace in the dams and there is no effect on other users. When spills, the amount is deducted from the carry-over water account. There is also the facility to overdraw 100 GL when is over half full, and an extra provision of 50 GL of low security water when Victorian water allocation is set at 30% or more (DSE 2007b). The Murray Darling Basin Commission (MDBC) is the proxy Environmental Water Manager (EWM), and is responsible for the planning, delivery/release, and monitoring of environmental water drawn from the BMF EWA account. The delivery of environmental water to icon sites is governed by The living Murray Environmental Watering Plan and the Icon Site Environmental Management Plans. These reports can be requested from the MDBC.

2.2.2 Recommended Environmental Flows

Despite undertaking a comprehensive search for detailed environmental flow recommendation reports for the various wetland management areas within the Barmah-Millewa Forest, no reports have been located thus far. Notwithstanding the apparent lack of detailed environmental flow studies, it is widely understood that ecological objectives are best achieved in highly regulated river systems through the mimicking of natural flows (i.e. flows prior to regulation) via controlled environmental water releases. Table 3 presents a list of major vegetation communities in the Barmah-Millewa Forest complex and the flooding regime prior to regulation (i.e. natural flooding events). In addition, a recent report by the Victorian Environmental Assessment Council (VEAC) suggests that the Barmah- Millewa Forest requires approximately 900 GL of environmental water annually to protect the River Redgum forest from dieback (VEAC 2007), although it failed to outline in a detailed manner the specific location, magnitude, duration and frequency (i.e. the environmental flow regime) in which this amount should be released into the Forest complex. Despite this, the MDBC suggest that the Barmah-Millewa Forest needs to experience three (3) flood events within every 10-year period (MDBC 2007), and since the complex was flooded in 2001 and 2005, another major flood event must take place between 2008 and 2011.

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Table 3 – Natural Flood Frequency of the Major Barmah-Millewa Vegetation Communities

Vegetation Season Flood Duration Community Frequency (% of years with inundation) Giant Rush Winter to mid-summer 75% to 100% 7 -10 months

Moira Grass Winter to mid-summer 65% to 100% 5 – 9 months (not >10 2-3 months dry in late Summer to months) early Autumn Min. depth = 0.5m River Red gum Forest Winter to Spring 40% to 92% 5 months

River Red gum Spring 33% to 46% 1 – 2 months Woodland

River Redgum/Black Winter to Spring 14% to 33% 1 – 4 months box woodland Source: Adapted from MDBC (2005b)

2.2.3 Actual Environmental Water Releases - 2005-6

The volume of water released from Hume Reservoir from 11 October 2005 to early February 2006 under the Barmah- Millewa Forest EWA was approximately 510 GL which watered approximately 30,000 Ha (~55%) of the Barmah- Millewa Floodplain, making it the largest environmental release in ’s history (DSE 2007a) (see Figure 3, below). This volume of water was released as a flow enhancement which involves releasing additional water from storages to enhance flow rates and raise river levels downstream (MDBC 2006b). In December 2005, the Victorian Government granted an overdraw of the EWA by up to 50 GL, which was considered necessary for colonial waterbird breeding, triggered by the initial release of EWA water, to be successfully completed (MDBC 2006b). As of 30 June, 2006, the EWA account held 6000ML for Victoria and 44,000ML for NSW (DSE 2007a).

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Figure 3 – The B-MF Environmental Flood Event 2005-6

Source: MDBC (2006b: Appendix D, p. 12)

2.2.4 Assessment of Environmental Water Releases

While acknowledging the effectiveness of the Barmah-Millewa Forest EWA to deliver positive ecological outcomes, the MDBC claims that more low elevation floods and higher magnitude floods are needed to ameliorate declining vegetation. However, quite clearly, without broad area flooding or above average rainfall, the volume of environmental water provided for by the BMF EWA is insufficient to perform these extra low level and higher magnitude floods necessary to meet the objective of 55% healthy vegetation (MDBC 2007). Moreover, to ensure successful breeding of waterbirds, a flood similar in scale to the 2005-6 flood event would need to occur between 2009 and 20011, but likewise, without above average rainfall, the accumulated Barmah-Millewa Forest EWA by itself will prove to be insufficient support the release (MDBC 2007).

While a monitoring program has been established under the Living Murray program for the Barmah Millewa icon site, it is difficult to establish how effective environmental releases have been in achieving their objectives. This is because 1) there are no detailed environmental flow recommendation reports to guide the use of the BMF EWA, 2) there appears to be little information available pertaining to the objectives of the planned environmental releases, and 3) the effectiveness of the actual releases to achieve the environmental objectives that ostensibly inform the timing, quantity, and location of planned environmental water releases is not reported. To ensure optimal use of environmental water and to facilitate communication of the effectiveness of the BMF EWA to the public, these issues must be addressed immediately.

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2.3 Wimmera and Glenelg Rivers

2.3.1 Background

The environmental water entitlement for the Wimmera and Glenelg river systems is legally provided by the Bulk Entitlement (Wimmera Glenelg Rivers – Flora and Fauna) Conversion Order 2004), held in . The objective of the environmental BE is to ‘sustain and restore ecological processes and biodiversity of water dependent ecosystems in the Wimmera and Glenelg’ river systems (GHCMA 2007: 1). Due to water savings produced by the Speed-Patchewollock and Cannie Ridge pipeline, an extra 9000ML was added under the Bulk Entitlement (Wimmera Glenelg Rivers – Flora and Fauna) Conversion Amendment Order in 2005/6 to bring the total annual entitlement up to 40,563ML. The State Water Report states that the total environmental entitlement under this BE is 41,240 ML (DSE 2007: 38) but offers no detail on how this figure was derived..

The Inter Catchment Advisory Group (ICAG) determines the share of environmental entitlement between the two catchments. The Glenelg-Hopkins CMA and the Wimmera CMA are the Environmental Water Managers (EWM) for this environmental BE and therefore are required to produce Annual Watering Plans and Annual Compliance Reports, and can be requested from the Glenelg-Hopkins CMA and Wimmera CMA (see Appendix 12 – List of Useful Contacts).

2.3.2 Recommended Environmental Flows

The Glenelg-Hopkins CMA claims that the Stressed Rivers Report for the Wimmera Catchment produced by Sinclair Knight Merz (SKM) estimates that between 59,500 ML and 73,000ML of water annually is required to meet the recommendations outlined in the SKM report (GHCMA 2007b). However, while the Stressed Rivers Reports produced for both the Wimmera River and the Glenelg River provide detailed recommendations for environmental flows on a reach-by-reach season-by-season basin, both Stressed River Reports fail to produce an overall estimate of an annual volume of water necessary to satisfy the stated environmental objectives. It is therefore difficult to determine by what methodology this overall estimate has been arrived at, and where it is actually cited. Notwithstanding this, detailed environmental flow recommendations made in the Stressed River Reports for the Wimmera and Glenelg Rivers can be found in Appendix 2.

2.3.3 Actual Releases of Environmental Water 2005/6

Due to low inflows during 2005/6 into the Wimmera and Glenelg Basins, 35% (115,400ML) and 15% (140,700ML) of long-term average inflows, respectively, there was low water allocations both for consumptive and non-consumptive uses for the 2005/6 water year. With a combination of Glenelg Compensation Flow (50ML), carry-over water from 2004/5 (4,419ML), and extra water derived from the Pipeline Development Reserve (387ML), the total volume of

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water allocated to the EWR for the 2005/6 reporting year was 9,047 ML (GHCMA 2007b: 2-3). Somewhat confusingly, a more conservative amount of 8,689ML is stated in the 2005/6 State Water Report (DSE 2007a). Such ambiguity surrounding the yearly allocation of environmental water and the inconsistency in reporting undermines the management of the environmental BE, compromises the ability for accurate determination of environmental outcomes, and fails to provide the public accountability for water resource management. This should be addressed immediately.

Drawing from information contained in the 2005/6 Annual Compliance Report produced by the GHCMA, a total of 4,228ML was distributed between the middle reaches of the MacKenzie River (344 ML) and reach 1 of the Glenelg River (3,934ML). A detailed outline of the planned and actual release of environmental water on a season-by-season reach-by-reach basis for the 2005/6 water year can be found in Appendix 2.

2.3.4 Assessment of Environmental Water Releases

While the environmental flow recommendations made in the Stressed River Reports produced by SKM provide a detailed reach-by-reach season-by-season breakdown of environmental water requirements for the Wimmera and Glenelg rivers, unfortunately it does not provide an estimate overall volumes required to achieve the desired ecological outcomes. Therefore, comparison between the environmental flow recommendation studies and the actual releases of environmental water under the environmental Bulk Entitlement for the Wimmera and Glenelg Rivers is not possible.

Notwithstanding this, the discrepancy between the planned releases outlined in the Annual Watering Plans and the actual release of environmental water accounted for in the Annual Compliance Report are here outlined. The amount delivered to the middle reaches of the MacKenzie River (344 ML) increased baseflow and summer freshes was much less than the amount outlined in the Annual Watering Plan (490ML) due to a combination of higher than expected baseflow losses, qualification of rights in August due to fires in the Grampians, and the early transfer of water from Lake Wartook by GWM Water (GHCMA 2007). Additionally, the 3934ML released to reach 1 of the Glenelg River as a summer baseflow and summer freshes was less than the planned 4025ML outlined in the Annual Watering Plan, due to construction of carp screens and an upgrade of the 5-mile outlet, which interrupted environmental flow releases (GHCMA 2007).

Importantly, the planned release of environmental water to the lower reaches of the Wimmera River (4,595ML) as freshes and the lower reaches of the MacKenzie River (695ML) as increased baseflows and spring freshes was cancelled due to a combination of extremely low water resources in the Wimmera-Glenelg headworks system creating community concern and the need to use water in the system for fire fighting/emergency purposes during the Grampian fires in August 2006 (GHCMA 2007b). The planned summer fresh release of 790ML for Reach 1 of the Glenelg River was cancelled due to the low water allocation at the start of the water year and the failure of the allocation to reach the required amount by the 1st March 2006.

Given that less than 10% of the volume recommended volume stated by the GHCMA was available for the environment in 2005/6 as a result of low inflows, continued high demands on water resources for consumptive use, and unexpected fires in the Grampians, much stress has been placed on the Wimmera and lower MacKenzie Rivers, placing them in critical condition (GHCMA 2007). More specifically, the consequence of withholding environmental water to the lower Wimmera River has resulted in:

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• Stressed River Red Gums; • Reductions in available habitat for fish and macro invertebrates; • General increase in salinity; • Saline groundwater intrusions; • Dissolved Oxygen Issues; and • Algal bloom possibilities with increasing temperature profile (GHCMA 2007b: 12-13)

Ultimately, while there were interruptions to and cancellations of environmental flow releases to large sections of the Wimmera-Glenelg systems, the actual release of environmental water was successful in maintaining water quality at reasonable levels in many reaches, and has provided some improvements to pool habitats (GHCMA 2007b). Notwithstanding this, in order to achieve the EWR’s environmental objectives, the environment must secure a greater volume of water in order to increase the magnitude of summer baseflows and summer freshes to satisfy the recommended environmental flow regime (GHCMA 2007b).

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2.4 Snowy River

2.4.1 Background

The Snowy Water Licence, issued under Part V of the Snowy Hydro Corporatisation Act 1997 (NSW) and administered by the NSW Ministerial Corporation is the principle instrument governing water operations (and delivery of environmental flows) within the Snowy River Scheme. The NSW Water Administration Ministerial Corporation oversees the implementation of the Snowy Water Licence. The Snowy Water Licence enables Snowy Hydro Limited (SHL) to harvest and release water within the Snowy River Hydroelectricity Scheme, while imposing the obligation upon SHL to observe Water Release Requirements (for irrigation purposes) and Environmental Flow Requirements (for the Snowy, Montane, and Murray Rivers) (Vanderzee and Turner 2002). As SHL has no discretion in the release of environmental flows, it is the NSW Ministerial Corporation (in consultation with Victoria) which determines any variation in the pattern of release of environmental water into the Snowy River (Pers. Comm. Graeme Turner DSE 3/1/2008).

Essentially, environmental flows released into the Snowy River consist of three (3) major components:

1) Base Passing Flows - as part of its obligations stipulated in the terms of the Snowy Water Licence, SHL must release 9GL of base passing flows (BPF) annually, 8.6GL of which is drawn from Jindabyne Dam with the remaining 0.4GL released from Mowamba Weir. 2) Passing Flows (Surplus) – very low security water brought about through weir spills. 3) Environmental Entitlements – brought about through water-saving measures in NSW and Victoria on the Murray, Murrumbidgee, and Goulburn River systems.5

According to the State Water Report 2005/6, water secured from water-saving projects in the Goulburn, Murray, and systems is being used to enhance environmental flows for the Snowy River, in which any water saved is reallocated 2/3 to the Snowy River and 1/3 to the Murray River. As Victoria has no control over operations of Jindabyne Dam, of specific relevance to the Victorian Water Allocation Framework is the ‘Environmental Entitlements’ component. Although not explicitly stated in any official documents, it appears that any water-savings that are made by Victoria in the Goulburn, Murray and Broken systems are accounted for under the Snowy-Murray Development (River Murray) Environmental Entitlement account (Pers. Comm. Graeme Turner [DSE] 8/1/2008). To contribute to enhanced environmental flows in the Snowy River, the ‘legal transfer’ of the water-savings for increased environmental flows to the Snowy River is provided for by the three following Bulk Entitlement Orders:

1. Bulk Entitlement (Goulburn System – Snowy Environmental Reserve) Order 2004 – Amendment Order (2006) stipulates an increased entitlement of 14,812 ML per year for the Snowy River

2. Bulk Entitlement (River Murray – Snowy Environmental Reserve) Order 2004 – stipulates an entitlement of 6,988 ML per year for the Snowy River

3. Bulk Entitlement (Broken System – Snowy Environmental Reserve) Conversion Order 2005 – stipulates an entitlement of 990 ML per year for the Snowy River.

5 Discussion of NSW water-savings is beyond the scope of this audit.

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Together, these three BEs make a combined environmental water entitlement for the Snowy River (provided by Victoria only) of 22,790 ML per year. However, accessing accurate information pertaining to the release of environmental water into the Snowy River is further undermined by the fact that the Annual Water Operations Plan (which is equivalent to the Annual Watering Plan/Annual Distribution Plan discussed in Section 1.2.1 of this report) is ‘not a public document and is restricted by the confidentiality deed entered into between the participating governments at the time of corporatisation. It contains material which in the hands of its competitors, could be used to Snowy Hydro LTD’s commercial disadvantage…. [Additionally] the current water accounts are also confidential and cannot be released’.6 As there are no publicly-available Annual Watering Plans or Compliance Reports, conducting an accurate and rigorous audit for environmental flows in the Snowy River is seriously compromised.

According to an extract taken from SHL’s Annual Water Operations Plan, Schedule 3 of the Snowy Water Licence stipulates the SHL’s obligation to provide environmental flows, and is comprised of two principal components:

1. Snowy River Increased Flows – Schedule 3 (Part II and Part IV) – SHL is required to release environmental water from Jindabyne Dam, and is notified of the timing and volume of environmental flow releases (which are in addition to Base Passing Flows of 9 GL/yr) by the NSW Ministerial Corporation (currently headed by the NSW Minister Ian McDonald); and

2. The ‘Mowamba Borrowing Account’ – Schedule 3 (Part III) – for three years after the corporatisation of SHL, SHL must allow 38 GL per year of water to pass the Mowamba River and Cobbon Creek aqueducts into the Snowy River. This water has been borrowed from future years’ Required Annual Releases, and must be paid back through water saving measures.7

2.4.2 Recommended Environmental Water Releases

Two environmental flow recommendation studies have been conducted for the Snowy River: 1) the 1996 Expert Panel Environmental Flow Assessment of the Snowy River below Jindabyne Dam, which recommended that 28% of mean annual natural flow be reinstated to the Snowy River, and 2) the 1995 Snowy River Downstream of Lake Jindabyne – Environmental Flow Scoping Study (NSW DLWC Sydney). To date however, a comprehensive search has failed to uncover any detailed environmental flow recommendation studies that guide how the stored water should be released (e.g. magnitude/frequency/duration) on a season-by-season, reach-by-reach basis.

Despite the absence of detailed environmental flow studies, the Snowy Water Inquiry Outcomes Implementation Deed (SWIOID) (28 June, 2002) is a legally binding agreement between the Commonwealth, Victorian and NSW Governments, which guides the implementation of the recommendations made in the Snowy Water Inquiry. Clause 7.1 specifies the agreed flow increases for the Snowy River, Murray River, and Snowy Montane Rivers, and is listed below in Table 5. Importantly, according to Crisp (2007) the mean annual natural flow (MANF) is the average annual quantity of water flowing past the old Jindabyne Gauge prior to the completion of the Jindabyne Dam in 1967, which was 1164 GL. Therefore, the staged increases to flows in the Snowy River over the first 10 years of corporatisation (Stage 1: 15%=142 GL, Stage 2: 21%=212 GL, Stage 3: 28%=294 GL) stipulated in the SWIOID is based on an inconsistent MANF ranging between 946 GL/yr to 1049 GL/yr (see Table 5). This is an important source of ambiguity

6 Quote extracted from a letter written to MP Craig Ingram by Phil Koperberg, provided to me by Loiuse Crisp. 7 Extract from SHL’s Annual Water Operations Plan provided by Phil Koperberg to MP Craig Ingram and forwarded to me by Loiuse Crisp.

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which needs immediate clarification in order to facilitate water accounting, better direct water infrastructure developments, and to improve the ecological health of the Snowy River.

Table 5 – Staged Increases of Environmental Flows for the Snowy River (SWIOID Agreement)

Years from Snowy River Snowy River River Murray Corporatisation (indeterminate (MANF = 1164 MANF) GL/yr) - Crisp

Year 1 38 GL released from Mowamba Aqueduct (must be paid back)

Year 2 to 7 Target: 142 GL/yr Target: 174 Allocation of (15% of flow) – GL/yr (15% of 70GL/yr MANF =946 GL/yr MANF) – MANF = 1164 GL/yr

Years 8 to 10 Target: 212 GL/yr Target: 244 Allocation of 70 (21% of flow) – GL/yr (21% of GL/yr MANF = 1009 MANF) - MANF GL/yr = 1164 GL/yr

Years 10 onwards Target: 294 GL/yr Target: 325 Allocation of 70 (28% of flow) – GL/yr (28% of GL/yr or more if MANF = 1049 MANF) - MANF agreed by GL/yr = 1164 GL/yr Governments

2.4.3 Actual Release of Environmental Water

For the first 30 years of regulation at Jindabyne Dam, 99% of MANF have been diverted for hydroelectric power generation or irrigation and urban consumption, leaving only 1% of Mean Annual Natural Flow (i.e. pre-regulation flow) to the Snowy River. However increased environmental flows to the Snowy River were released in August 2002 when the Mowamba Aqueduct (which diverts water from the Mowamba River into Jindabyne Dam) was temporarily decommissioned, returning 38 GL/yr of water to the Snowy River. Many government sources claim that this raised the annual flow of the Snowy River below Jindabyne Dam from 1% to 6% of MANF (DSE 2007a). However, if in fact the MANF is 1164 GL/yr, then 6% of MANF equates to 69.84 GL/yr, therefore 38 GL/yr equates approximately to 3.26% of MANF. Recent releases of environmental water in the Snowy River are listed in Table 6 below.

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Table 6 – Actual and Planned Releases of Environmental Water in the Snowy River

Year Jindabyne Dam Mowamba Base Passing Flows – 8.6GL Total Releases Percent of MANF (Jindabyne) + 0.4GL/yr (1164 GL/yr) (Mowamba)

02/03 0 10.7 GL 9 GL/yr 19.7 1.7%

03/04 0 29.7 9 38.7 3.3%

04/05 0 23.5 9 32.5 2.8%

05/06 39.3 1.7 9 50 4.3%

06/07 (Planned 36.7 0 9 45.7 3.9% Volume)

07/08 (planned 32.1 9 41.1 3.53% volume)

Source: Crisp (2007)

2.4.4 Assessment of Environmental Water Releases

Although in the State Water Report 2005/6 the Snowy River is listed as having an annual environmental water entitlement of 22,790ML, attempts at confirming the delivery of this extra water as increased environmental flows to the Snowy River as well as locating detailed accounting information under the Snowy-Murray Development (River Murray) Environmental Entitlement account have to date proven unsuccessful.

There is a lack of clarity plaguing the environmental flows issue in the Snowy River system. First, while the staged increases to environmental flows to the Snowy River, stipulated in the SWIOID agreement are based on scientific evidence and are widely welcomed by the conservation movement, it remains unclear which value was used as the mean annual natural flow used in the Snowy Water Inquiry to calculate the environmental flow ratios, and demands immediate attention. Second, due to a lack of detailed season-by-season reach-by-reach environmental flow recommendation reports to guide the release of environmental water to the Snowy River, there is little evidence that demonstrates that the staged increases of environmental flows detailed in the SWIOID are in fact sufficient to meet stated environmental objectives, and compromises the ability for environmental water releases to be managed effectively to achieve optimal environmental outcomes. Ultimately, the lack of detailed environmental flows studies undermines the ability for conservation groups to mount an informed campaign to pressure the NSW, Victorian, and Commonwealth Governments to improve environmental flows to the Snowy River. Third, and related, section 27 and 57 of Snowy Hydro Corporatisation Act (NSW), which became effective on 28 June, 2002, specifies that 1) the Snowy Scientific Committee (SSC) be established at the time of corporatisation, 2) the SSC is mandated to advise the NSW Water Administration Ministerial Corporation on environmental flows for the Snowy River and other rivers in the Snowy Scheme, and 3) the SSC must make public its annual reviews of the health of the Snowy River (ACF 2007) (see Appendix 6). The SSC was finally established on 31 January 2008, after the completion of the 5-year review of the Snowy Water Licence in December 2007. The long delay in its appointment has lead to a lack of detailed scientific advice on targeted environmental flows will has undermined the delivery of environmental flows to the Snowy River and its long-term health and sustainability.

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2.5 Thomson River

2.5.1 Background

The environmental water entitlement for the Thomson River system is provided by the Bulk Entitlement (Thomson River – Environment) Order 2005, which sets aside the first 10,000ML of inflow, starting from 1 July each year, to be stored in Thomson Reservoir and released in a manner which maximises the EWR’s environmental objectives. Any amount remaining in storage at the end of the water year can be carried-over to the following year. This environmental BE also provides for passing flows between Thomson Reservoir and Cowwar Weir (Thomson River). The CMA is the Environmental Water Manager for the BE, and is therefore required to produce Annual Watering Plans (which outlines the desired environmental outcomes and how all or only part of the 10GL will be released to achieve these objectives) and Annual Compliance Reports (which outline how the 10GL was released in the previous water year and the environmental objectives (not) achieved).

2.5.2 Recommended Environmental Water Releases

The Thomson River Environmental Flow Requirements and Options to Manage Flow Stress report (Earth Tech 2003) provides detailed environmental flow recommendations for the six reaches of the Thomson River from the Thomson Dam to the , including the Rainbow Creek anabranch (see Appendix 3). Although providing detailed reach-by-reach, season-by-season, environmental flow recommendations, it falls short of providing an overall volume of water necessary to achieve stated environmental objectives. While the West Gippsland CMA argues that 47,000ML annually is needed to meet these objectives, the Thomson Macalister Environmental Flows Task Force stated that between 18,000 ML and 25,000ML annually would have a medium to high probability of achieving environmental objectives for the Thomson River, excluding the inundation of floodplain wetlands (WGCMA 2007). In light of this it is clear that the 10,000ML set aside for environmental purposes under the Thomson River environmental BE is drastically insufficient

2.5.3 Actual Environmental Water Releases 2005/6

In the 2005/6 water year, a total of 9,539 ML was released into the Thomson River as environmental flows under the Thomson River environmental BE. Detailed information on the magnitude, timing, duration, and frequency of the environmental water releases in 2005/6 can be found in Appendix 3.

2.5.4 Assessment of Environmental Water Releases 2005/6

Despite the near complete release of the 10 GL provided for the environment under the Thomson River environmental BE in 2005/6, achieving some positive environmental outcomes, it remains that the 10GL entitlements falls well short of the recommendations made by both the Thomson Macalister Environmental Flows Task Force who stated that between 18,000 ML and 25,000ML is needed to achieve environmental objectives excluding the annual

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inundation of floodplain wetlands, and the West Gippsland CMA who stated that an annual entitlement of 47,000ML is required to achieve all environmental objectives (WGCMA 2006: 5).

Ultimately, current climatic conditions are having an impact on flow-stressed rivers such as the Thomson River, which limit the ability for environmental flows provided under the environmental BE to achieve ecological objectives (WGCMA 2006: 4-5). Low natural inflows compromise the ability to achieve maximum impact on ecological systems from environmental flow releases (WGCMA 2006: 5). Adding further stress to the Thomson River is the Qualification of Environmental Entitlements – Thomson River agreed to by the Minister in 2007, which may lead to flow reductions at the Narrows and Coopers Creek compliance points to below the daily flow target more often. The qualification is to remain in place until level 2 restrictions are lifted in Melbourne (Melbourne Water 2007).

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2.6 Loddon River

2.6.1 Background

The environmental water entitlement for the Loddon River system is provided under the Bulk Entitlement (Loddon River Environmental Reserve) Order 2005, held by the Minister for the Environment, which came into effect in November 2005. Under this environmental BE, the Loddon Basin has an entitlement to variable passing flows and an in-storage entitlement of 2000ML annually, to be stored in the , the Tullaroop Reservoir and the Laanecoorie Reservoir and released to achieve environmental outcomes for the Boort district wetlands. As the Environmental Water Manager, the North Central CMA (NCCMA) is required to produce Annual Watering Plans and Annual Compliance Reports, which can be requested directly from the NCCMA.

2.6.2 Recommended Environmental Flows

In 2002, the Loddon River Environmental Flows Scientific Panel developed environmental flow recommendations for the Loddon River in the Environmental Flow Determination of the Loddon River Catchment report, which can be found in Appendix 4. Despite providing detailed reach-by-reach, season-by-season recommendations, the report failed to supply an overall estimate of the amount of water required to achieve environmental objectives. No other estimates for an overall volume of water required to achieve the EWR’s ecological objectives in the Loddon River have thus far been located.

2.6.3 Actual Environmental Water Releases 2006/7

As the EWM for the environmental BE, the NCCMA is required to produce Compliance Reports which outline the quantity and flow regime by which environmental water has been released for the previous reporting year. Interestingly, the first compliance report for the Loddon River environmental BE was released in 2007, and covers the period 17th November 2005 to the 30th June 2007. Because of the extended reporting period, it is therefore impossible to make cross verifications between the Compliance Report and the State Water Report 2005/6. Most importantly, the environmental BE was qualified under the reserve powers possessed by the Minister for Environment on 1st November 2006, which reduced the allocation of environmental water to:

1) 1708 ML downstream of Loddon Weir (Actual amount used = 1032ML)

2) Minimum passing flows reduced to:

a. Below Cairn Curran Reservoir (0 ML/day)

b. Below Tullaroop Dam (5ML/day)

c. Below (0ML/day)

d. Below Serpentine Weir (0ML/day)

3) River freshening flows stipulated in the BE were removed from all reaches (NCCMA 2007)

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In January 2007, an unscheduled release of 60ML/day over two days caused by an operational error resulted in a blackwater/fish death event, and in response the NCCMA, EPA, and GMW have recommended that flows over Loddon Weir should not exceed 15ML/day (NCCMA 2007).

2.6.4 Assessment of Environmental Water Releases

Due to the complexity involved in comparing the environmental flow recommendations with the passing flow requirements stipulated in the environmental BE, it was beyond the scope of this report to make an overall assessment of the release of environmental water (i.e. minimum passing flows) into the Loddon River. Suffice to say, that the Qualification of Rights introduced on the 1st of November 2006 by the Minister of Environment has reduced the flow in many reaches of the Loddon River. Prolonged cease-to-flow periods in Reach 4 have resulted in the river being reduced to a series of isolated pools and therefore has had a negative impact on the availability of suitable habitat for many river dependent species (NCCMA 2007: 11). Because of the 0% water allocation in the Loddon River system, the Boort District wetland allocation (2000ML) was also 0%, adding to the several consecutive dry years for the wetlands (except for Little Lake Boort). Most importantly, further Qualification of Rights introduced for the Loddon River system on the 1st July 2007, have reduced the environment’s right to water to:

1) Tullaroop Reservoir - minimum passing flows (5ML/day)

2) A record of the volume of water that would otherwise be released as environmental flows under the Environmental Reserve BE to be stored in the Deficit and Reimbursement Account’ (NCCMA 2007: 11) – at 100% allocation the Deficit and Reimbursement Account may be released as passing flows (NCCMA 2007: 11)

Until the Qualification of Rights is lifted, these minimal provisions of water for environmental purposes will continue, which will no doubt have serious negative impacts upon water quality, in-stream habitats, and aquatic ecosystems.

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2.7 Yarra River

2.7.1 Background

On the 26th October 2006 an environmental Bulk Entitlement for the Yarra River, gazetted as the Yarra Environmental Entitlement 2006, became effective and sets aside the first 17,000 ML of inflows from the 1st July of each year to be stored in the Upper Yarra, Maroondah, O’Shannassy, Sugarloaf, Silvan, Cardinia, Toorourrong, Yan Yean, and Greenvale Reservoirs, and released under a prescribed environmental flow regime aimed at achieving specific environmental objectives. As Environmental Water Manager (EWM) for the Yarra River environmental BE, Melbourne Water is responsible for planning, monitoring and reporting the use of environmental water. Melbourne Water must also comply with passing flow rules for the Yarra River, which are stipulated in the State Environment Protection Policy – Waters of Victoria (SEPP WoV), Schedule F7 (Waters of the Yarra Catchment). To ensure accountability, Melbourne Water is required to publish an Annual Watering Plan and Annual Compliance Report.

2.7.2 Recommended Environmental Flow Releases

In 2005, Sinclair Knight Merz (SKM) developed environmental flow recommendations for the Yarra River in the Determination of the Minimum environmental water Requirements for the Yarra River report, a summary of which can be found in Appendix 5. Despite providing detailed reach-by-reach, season-by-season recommendations, the report failed to supply an overall estimate of the amount of water required to achieve specific environmental objectives. No other estimates for an overall volume of water required to achieve the EWR’s ecological objectives in the Yarra River have thus far been located.

2.7.3 Actual Environmental Water Releases 2006/7

The introduction of the Yarra Environmental Entitlement 2006 into the Victorian Government Gazette on the 26th October, 2006 formally allocates the first 17,000ML of inflows to be released in a manner which maximises specific environmental objectives in the Yarra River. Moreover, Melbourne Water as the EWM was required to produce an Annual Watering Plan by the 26 April 2007, but was deferred on the 16th April 2007 when the Minister for Water, Environment and Climate Change introduce of Qualification of Rights to be enforced until level 2 restrictions are lifted in Melbourne (Melbourne Water 2007b). Although Melbourne Water must continue to comply with the minimum passing flow provisions stipulated under the SEPP WoV, the introduction of the Qualification of Rights prevented any part of the 17,000ML environmental entitlement to be delivered to the Yarra River for 2006/7. It is likely that this will also be the case for the 2007/8 water year.

2.7.4 Assessment of Environmental Water Releases

Due to the Qualification of Rights introduced on the 16th April 2007, none of the 17,000ML of in-storage water entitlement provided under the Yarra Environmental Entitlement 2006 was released in the 2006/7 water year. While

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minimum passing flows stipulated under the SEPP (WoV) were released, they fall well short of the recommended environmental flows outlined in SKM’s Determination of the Minimum environmental water Requirements for the Yarra River report. While the report failed to stipulate an overall volume of water required to achieve specific environmental objectives, the minimum passing flows alone are insufficient to ensure the long term health and viability of the Yarra River.

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Part 3: Conclusion and Important Observations

In response to increasing concern within the wider community over the present health of Victoria’s river systems, Environment Victoria has attempted to compile a report which outlines how and where environmental water is being released. While the initial scope of the report was to explore all of the most highly stressed rivers in Victoria, the lack of time and lack of publicly available information on all of the environmental flow components (e.g. base flows, inter- basin water transfers) seriously compromised this primary objective. Therefore, the scope of the report was limited to those river systems that have a specific environmental Bulk Entitlement (or equivalent), with the specific purpose of 1) compiling environmental flow recommendation reports, Annual Watering Plans (or equivalent), and Annual Compliance Reports (or equivalent), and 2) to compare the actual release of environmental water under each basin’s environmental Bulk Entitlement with the environmental flow recommendations. While access to this information, on the whole, has been possible in most cases, there are serious issues concerning clarity and consistency in the presentation of this information (discussed further below). Notwithstanding this, this report did attempt to make broad assessments on the management of the environmental Bulk Entitlements (or equivalent) for the applicable river systems, and are summarised below.

The Murray River Flora and Fauna Bulk Entitlement For the 2006/7 water year, the DSE, as Environmental Water Manager (EWM), released 19,282 ML out of a total of 26,220 ML (95% allocation). The remaining 6,938 ML was withheld as carry-over for the 2007/8 season, as there was a high likelihood for low or zero water allocation in the following year. Thus, high priority lakes and wetlands will receive a portion of their environmental water entitlement in 2007/8 despite the high likelihood of 0% allocation for the 2007/8 season. Despite this, an extra 13,100ML were drawn from Snowy Water Savings projects (not included in the Murray River Flora and Fauna Bulk Entitlement) and redistributed between Hattah Lakes and Lindsay, Mulcra, and Wallpolla Islands situated along the Murray River. Despite this extra water however, a dramatic undersupply of environmental water occurred at Round Lake, Cardross Lakes, Lake Hawthorn, Hird Swamp, and Hird Swamp East. Thus, the distribution of the extra water source under the Snowy Water Savings initiative appears to be incongruent with the requirements of the lake and wetlands covered under the Flora and Fauna BE. Moreover, in order to ensure the long-term health and viability of the lake and wetland network covered under this environmental BE, more detailed environmental flow recommendation studies must for each of the lakes and wetlands dependent upon the Murray River should be undertaken. Until these studies have been completed, it will be impossible to quantify the shortfall of environmental water provided under the Murray River Flora and Fauna Bulk Entitlement, and to ascertain the most optimal flow regime by which environmental water should be released.

The Murray River Barmah‐Millewa Forest Environmental Water Allocation The managed flood event in 2005/6, which released approximately 510GL of water into the Barmah-Millewa Forest complex, achieved many positive environmental outcomes, such as sustained breeding of waterbirds, and vital watering of highly stressed River Redgums. However these positive developments will be rapidly undone if similar flood events do not occur between 2009 and 2011, which at present, are unlikely due to below average rainfall and insufficient volumes of water accumulated under the Barmah-Millewa Forest Environmental Water Allocation. Notwithstanding this, some of the most important insights to emerge from the investigation into the management of the Barmah-Millewa Forest EWA, include:

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1) An urgent need for detailed environmental flow recommendation reports to guide the optimal use of the Barmah-Millewa Forest EWA;

2) The need to develop clear objectives for the planned release of environmental water under the EWA; and

3) The need to conduct follow-up monitoring in order to measure the effectiveness of the actual release of environmental water to achieve the environmental objectives that ostensibly inform the timing, quantity, and location of planned environmental water releases.

To ensure optimal use of environmental water and to facilitate communication of the effectiveness of the BMF EWA to the public, these issues must be addressed immediately.

Wimmera‐Glenelg Rivers Much ambiguity surrounds the reporting on both the environmental water entitlement and yearly allocation for the Wimmera-Glenelg River system. It was shown in this report that while the gazetted Bulk Entitlement (Wimmera Glenelg Rivers – Flora and Fauna) Conversion Amendment Order 2005 states an annual environmental water entitlement of 40,563ML, the 2005/6 State Water Report states a high amount of 41,240ML without providing further clarification as how this final amount was arrived at (DSE 2007: 38). Additionally, the 2005/6 water allocation under this entitlement was reported by GHCMA in the Annual Compliance Report as 9,047ML, whereas a more conservative amount of 8,689ML was reported in the 2005/6 State Water Report. Such ambiguity undermines the management of the environmental BE, compromises the ability for accurate determination of environmental outcomes, and fails to provide the public accountability for water resource management, and should be addressed immediately. Notwithstanding this, in order to achieve the EWR’s environmental objectives, the environment must secure a greater volume of water in order to increase the magnitude of summer baseflows and summer freshes to satisfy the recommended environmental flow regime. However, as the environmental flow recommendation report for the Wimmera and Glenelg Rivers did not attempt to estimate an overall annual volume of water required to meet stated ecological objectives, it is impossible quantify the shortfall of environmental water provided under the environmental Bulk Entitlement for the Wimmera and Glenelg River systems and to ascertain the most optimal flow regime by which environmental water should be released.

Snowy River Performing an audit of the environmental flow recommendations and the actual release of environmental water to the Snowy River was seriously undermined by the fact that the necessary information is not available for public access due to commercial in-confidence restrictions. Moreover, there appears to be little accountability for the combined annual entitlement of 22,790 ML stipulated under three (3) different environmental Bulk Entitlements for improved environmental flows for the Snowy River, as no documentation was located which outlines how and where this annual entitlement is being released and accounted for under the Snowy-Murray Development (River Murray) Environmental Entitlement account. In addition, although there is general acceptance in the conservation movement for staged increase to environmental flows for the Snowy River commensurate with those stated in the Snowy Water Inquiry, a lack of detailed environmental flow studies which identify the most optimal flow regime (i.e. location, magnitude, timing, duration, and frequency) prevents a benchmark against which the SWI recommendations can be assessed, and campaigns around improved environmental flows can be mounted. Additionally, the failure for all stakeholders to refer to an agreed-upon mean annual natural flow (MANF) volume for the Snowy River and the failure to establish the

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Snowy Scientific Committee will continue to divide the community over the issue of improving environmental flows, and undermine the long-term sustainability of the iconic Snowy River system.

Thomson River Despite the near complete release of the 10 GL provided for the environment under the Thomson River environmental BE in 2005/6, achieving some positive environmental outcomes, it remains that the 10GL entitlements falls well short of the recommendations made by both the Thomson Macalister Environmental Flows Task Force who stated that between 18,000 ML and 25,000ML is needed to achieve environmental objectives excluding the annual inundation of floodplain wetlands, and the West Gippsland CMA who stated that an annual entitlement of 47,000ML is required to achieve all environmental objectives (WGCMA 2006: 5). In addition, with the introduction of the Qualification of Environmental Entitlements – Thomson River by the Minister in 2007 which will remain in place until level 2 restrictions are lifted in Melbourne, there is a high likelihood that many of the reaches in the Thomson River will become further stressed, risking long-term integrity and viability of instream and riparian ecosystems.

Loddon River While it was stated in the State Water Report 2005/6 that the full environmental entitlement of 2,000ML was released to the Boort district wetlands in the 2005/6 water year, this was not reflected in the Annual Compliance Report produced by North Central CMA. The NCCMA reported that during the extended reporting period of 17th November 2005 to the 30th June 2007, 1,032 ML was delivered, but however did not stipulate where this water was delivered and under which particular flow regime. Despite the ambiguities, the Qualification of Rights introduced on the 1st of November 2006 by the Minister of Environment has reduced the flow in many reaches of the Loddon River. Prolonged cease-to-flow periods in Reach 4 have resulted in the river being reduced to a series of isolated pools and therefore has had a negative impact on the availability of suitable habitat for many river dependent species. Further Qualification of Rights were introduced on the 1st July 2007, which reduces the environment’s share of water to a minimum passing flows of 5ML/day from Tullaroop reservoir and the establishment of a Deficit and Reimbursement Account. Ultimately, while the Loddon River Environmental Flows Scientific Panel developed detailed environmental flow recommendations, it failed to supply an overall estimate of the amount of water required to achieve environmental objectives, and therefore undermines attempts at determining the shortfall of the annual entitlement under the Loddon River environmental Bulk Entitlement. Until the Qualification of Rights is lifted, these minimal provisions of water for environmental purposes will continue, which will no doubt have serious negative impacts upon water quality, in-stream habitats, and aquatic ecosystems.

Yarra River Due to the Qualification of Rights introduced on the 16th April 2007, none of the 17,000ML of in-storage water entitlement provided under the Yarra Environmental Entitlement 2006 was able to be released in the 2006/7 water year. While minimum passing flows stipulated under the SEPP (WoV) were released, they fall well short of the recommended environmental flows outlined in SKM’s Determination of the Minimum environmental water Requirements for the Yarra River report. While the report failed to stipulate an overall volume of water required to achieve specific environmental objectives, the minimum passing flows alone are insufficient to ensure the long term health and viability of the Yarra River.

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Important Lessons from the Environmental Flow Audit Process

Despite the inability to perform a rigorous audit of the recommended, planned, and actual release of environmental water to the seven (7) rivers covered in this report, several important observations can be made, which include:

1) While reach-by-reach, season-by-season environmental flow recommendations made by the authors of the environmental flow reports are helpful, the failure/inability to provide an estimate of an overall volume of water required to achieve specific environmental objectives for the particular river system undermines the ability to benchmark the current provision of environmental water under the environmental Bulk Entitlement (or equivalent). This remains inconsistent with the Government’s general desire to determine an absolute annual quantity to be released as environmental flows, as illustrated by its penchant toward volumetric environmental Bulk Entitlements, and makes it impossible to determine the amount by which volumetric provisions made under environmental Bulk Entitlements must be increased in order to meet stated ecological objectives.

2) The reporting on actual releases of in-storage environmental water is, in many cases, of poor quality and largely inconsistent with the level of detail and format employed by Technical Panels in the environmental flow recommendation reports. This undermines the ability to determine the effectiveness of environmental water releases in achieving the ecological objectives stipulated in the environmental flow recommendation reports on a reach-by-reach, season-by-season basis.

3) Where CMAs have been assigned the role as Environmental Water Managers (EWM) to manage environmental flows, gaining access to the Annual Water Plans and Annual Compliance Reports (or equivalent) was simple. However, in the case of the Snowy River, obtaining detailed information on environmental flow recommendations and actual releases for the water year was impossible, due to commercial in-confidence restrictions on this information.

4) Despite being stated as a legal entitlement of water for the environment, it remains unclear however what the legal repercussions are if either the in-storage environmental water entitlements (provisions outlined in environmental BE Orders) or minimum passing flows (rules stipulated in consumptive BE Orders held by Water Authorities) are not respected. More clarification is needed by the Victorian government to ensure that the amount of water that the environment is legally entitled to under the EWR is supported by rigorous monitoring activities and clear penalties for compliance failure;

5) Although the revised Water Allocation Framework gives a legal share of water resources to the environment, reserve powers granted under the Water Act (1989) give the Minister for Environment the power to qualify environmental water entitlements so that more water can be reallocated for consumptive uses. It has been shown here that on several occasions, this reserve power has been used, and has resulted in reduced environmental flows to already highly stressed rivers across Victoria.

6) In the 2004/5 State Water Report, it was stated “New or expanded environmental entitlements are proposed for the following systems: River Murray, Loddon, Wimmera/Glenelg, Macalister, Thomson, Yarra, Werribee, Maribyrnong, Barwon, Moorabool and Tarago Rivers’. This present audit failed to identify any increase to the number of existing environmental BEs, nor has it identified new environmental BEs for the Macalister, Werribee, Maribyrnong, Barwon, Moorabool or Tarago Rivers. As these rivers are identified as highly stressed by the 1999 and 2004 ISC Reports, securing environmental BEs for them should be a high priority for the Victorian government.

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References

Australian Conservation Foundation (ACF). 2007. Snowy River 2007. , accessed December 2007.

Blackham, D, Anderson, B and Woods, D. 2002. Environmental Flows: the state of play, The Environmental Engineer, 3(1): 6-8.

Christie, H. 2007. ‘Real-life management of an environmental water reserve – a Wimmera perspective’. Proceedings of the 5th Australian Stream Management Conference. Australian rivers: making a difference, (eds) Wilson, A.L., Dehaan, R.L., Watts, R.J., Page, K.J., Bowmer, K.H., & Curtis, A. (2007). Charles Sturt University, Thurgoona, New South Wales.

Department of Natural Resources and Environment (DNRE). 2002. Sustainable Diversion Limit Project: recommendations for sustainable diversion limits over winterfill periods in unregulated Victorian catchments.

Department of Sustainability and Environment (DSE) 2005c. Index of Stream Condition, , accessed January 2008.

Department of Sustainability and Environment (DSE) 2007a. State Water Report 2005/6.

Department of Sustainability and Environment (DSE) 2007b. Murray Flora and Fauna Entitlement (27,600 ML) - Annual Distribution Program 2006/2007. Melbourne: DSE

Department of Sustainability and Environment (DSE) 2007c. “River Health – Our Programs”, , accessed December 2007.

Department of Sustainability and Environment (DSE) 2007d. Murray Flora and Fauna entitlement (27 600 ML) - Review of 2006/2007 Usage.

Department of Sustainability and Environment (DSE) 2006. State Water Report 2004/5.

Department of Sustainability and Environment (DSE) 2005a. Sustainable Water Strategy – Central Region.

Department of Sustainability and Environment (DSE) 2005b. Our Water Our Future: Securing Our Water Future.

Department of Sustainability and Environment (DSE) 2002. Victorian River Health Strategy.

Earth Tech (2003), Thomson River Environmental Flow Requirements and Options to Manage Flow Stress, Earth Tech Engineering Pty Ltd for Thomson Macalister Environmental Flows Task Force, Melbourne

Glenelg-Hopkins Catchment Management Authority (GHCMA). 2007a. Implementation of the Wimmera-Glenelg Environmental Water Reserve, Compliance Reporting 1 November 2005 – 31 October 2006.

Glenelg-Hopkins Catchment Management Authority (GHCMA). 2007b. ‘Environmental Water Releases - Report on 2005/2006 releases in the Wimmera and MacKenzie Rivers’

Kuiper, Ilsa. 2002. Environmental Flow Definition’, prepared for the Independent Expert Panel on Environmental Flows for the Hawkesbury Nepean, Shoalhaven and Woronora Catchments’, , accessed December 2007.

Land and Water (LaW). 2007. Defining ‘Environmental Flows’ , accessed December 2007.

Loddon River Environmental Flows Scientific Panel, 2002. Environmental Flow Determination of the Loddon River Catchment: Final Report. Unpublished Report to the North Central Catchment Management Authority and Department of Natural Resources and Environment.

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Melbourne Water (MW) 2007a. Environmental Compliance – Quarterly Report: Quarter Four 2006/7.

Melbourne Water (MW). 2007b. ‘Yarra River Extreme Drought Environmental Flows Recommendations Report, September 2007’

Murray-Darling Basin Commission (MDBC). 2007a. The Living Murray Icon Site Condition Report, October 2007. , accessed December 2007.

Murray-Darling Basin Commission (MDBC). 2007b. Annual Report 2006-2007. , accessed December 2007.

Murray-Darling Basin Commission (MDBC). 2006a. Barmah-Millewa Forest Icon Site Environmental Management Plan 2006–2007. , accessed December 2007.

Murray-Darling Basin Commission (MDBC). 2006b. Water Application across the River Murray System and Icon Sites – Status Report.

Murray-Darling Basin Commission (MDBC). 2005a. The Living Murray Environmental Watering Plan 2005/6. , accessed December 2007.

Murray-Darling Basin Commission (MDBC). 2005b. The Barmah-Millewa Forest Asset Environmental Management Plan 2005/2006. , accessed December 2007.

North Central Catchment Management Authority (NCCMA). 2007. Implementation of the Loddon Environmental Water Reserve - Compliance Reporting 17th November 2005 – 30th June 2007.

Pendlebury, P,. Erskine, W.D., Lake, S., Brown, P., Pulsford, I., Banks, J., and Nixon, J. (1996) "Expert Panel Environmental Flow Assessment of the Snowy River Below Jindabyne Dam", prepared for Snowy Genoa Catchment Management Committee

Sinclair Knight Merz (SKM). 2005. Determination of the Minimum environmental water Requirements for the Yarra River. , accessed December 2007.

Sinclair Knight Merz (SKM). 2002. Stresses River Project – environmental flows study (Wimmera River).

Snowy Rivers Alliance. 2006. Snowy Strategic Workshop – a report for the community, Dalgety 4-6 November 2006.

South East Water 2007. Bulk Entitlement Annual Reporting 2006/7. , accessed December 2007.

Victorian Environmental Assessment Council (VEAC). 2007. River Red Gum Forests Investigation – Draft Proposals Paper.

West Gippsland Catchment Management Authority (WGCMA). 2005. Environmental Operating Strategy for the Management of the Thomson Environmental Water Reserve.

West Gippsland Catchment Management Authority (WGCMA). 2006. Thomson Basin Annual Water Accounts and Report on Compliance with Bulk Entitlements 2005/6.

West Gippsland Catchment Management Authority (WGCMA). 2007. Thomson Environmental Flows Baseline Monitoring Report 2005/6.

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Appendix 1 – Murray River Flora & Fauna Bulk Entitlement - Planned and Actual Releases of Environmental Water

Planned Releases for 2006/7 Murray FF Entitlement distributions

Wetland Estimated volume ML

Round Lake 300

Lake Elizabeth 800

Cardross Lakes 1 200 Lake Hawthorn 1 000 Hird Swamp 2 500

Hird Swamp East 500 Cullens Lake 8 000 Hattah Lakes 5 500 Gunbower Forest 1 800 Reedy Swamp Regulator Richardsons Lagoon 2 000 Gunbower Forest 2 620 Little Gunbower Creek/Black Swamp Regulator Total (95%) 26 220 Gunbower Forest 4 000 Yarran Creek Regulator (incl. 1 000 ML (filling not recommended) top-up) Bray Swamp 270 Source: DSE (2007b)

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Actual Release under the Flora and Fauna BE (2006/7)

Wetland Approx. water Volume Additional Water required (ML) received Delivered (NOT FROM from Murray F&F BE) Murray F&F BE

Round Lake 300 419

Lake Elizabeth 800 471

1Woorinen North Lake 0 300

Cardross Lakes 1,200 496

Lake Hawthorn 1,000 0

Lake Cullen 8,000 7,998

Hird Swamp 2,500 2077

Hird Swamp East 500 0

Gunbower Forest

Reedy Lagoon 1,800 526 regulator

Black Swamp 2,620 0 regulator

Richardsons Lagoon 2,000 1,950

Hattah Lakes 5,500 5,045 8,500 (Snowy Water Savings) (mid Sep – Dec 2006)

Lindsay Island 1,480 (Snowy Water Savings)

Mulcra Island 670 (Snowy Water Savings)

Wallpolla Island 2,450 (Snowy Water Savings)

Subtotal 19,282 13,100

5Carry over 6,938

Total 26,220 ML 26,220 ML Total Delivered=32,382 ML

Source: Adapted from DSE (2007b) and DSE ( 2007d: 4, 6-7)

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Appendix 2 – Wimmera & Glenelg Environmental Flow Recommendations

Flow Recommendations for Wimmera River System

Reach Season Magnitude (ML/day) Frequency Duration of peak (days)

Reach 1 – Glenorchy Summer 0 ML/day (Cease-to-Flow - Annually 17-30 days to Huddleston Weir CTF)

Min. median flow 6ML/day Annually Dec – May (excluding CTF)

>16ML/day 3 / year Min. 5 days

Winter 25 ML/day min passing flow Daily July-Nov

Min. 10% of inflows passed Daily July - Nov

Annually 5,500 ML/day Annually Min. 5 days

Reach 2 – Huddleston Summer 0 ML/day (Cease-to-Flow - Annually 17-30 days Weir and Mt William CTF) Creek Min. median flow 6ML/day Annually Dec – May (excluding CTF)

>16 ML/day 3 / year 7-15 days

Spring >164 ML/day 2 – 3 /year Min. 14 days July- Nov Min Flow 60ML/day Annually July - Nov

Annually 6,000ML/day Annually Min. 2 days

Reach 3 - N/A N/A N/A N/A

Reach 4 – Mackenzie Summer 0 ML/day (Cease-to-Flow - Annually 5-24 days River and Lake CTF) Hindmarsh Min. median flow 5 ML/day Annually Dec – May (excluding CTF)

>20 ML/day 4 / year 7 -15 days

Spring >334 ML/day 5 / year Min. 14 days (Jul – Nov) Min flow 34 ML/day Annually July - Nov

Annual >3,000 ML/day Annually Min. 2 days

Annual 6,000 ML/day Annually 3- 5 days

Source: Adapted from SKM (2002).

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Flow Recommendations for Glenelg River System

Season Flow Component Magnitude Frequency Duration of (ML/day) peak (days) summer Cease to flow 0 ML/day annually 5-24 days (CTF)

Summer/autumn Min. Median Flow 5 ML/day annually Dec-May (not during CTF and freshes)

Summer Summer fresh >20 ML/day 4 / summer 7-15 days

Spring Min. Media Flow 34 ML/day Annually July-Nov (not during freshes)

Spring Spring fresh >334 ML/day 5 / year Min. 14 days

Annually Bankfull flow 6,000 ML/day Annually Min. 2 days

Annually Overbank Flow 6,000 ML/day Annually 3-5 days

Source: Adapted from SKM (2002)

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Planned and Actual Release of Environmental Water for the Wimmera and Glenelg Rivers

Environmental Water Releases outlined in AWP AWP Volume Volume Released Variation

MacKenzie River: Reach 2 (middle reaches)

148 ML as baseflow (2ML/day for 74 days)

160ML as 2 x summer freshes: 1) 10ML/day for 7 days, 490ML 344ML Variation 1 and 2) 10ML/day for 9 days

36ML as increased baseflow (4ML/day for 9 days)

Wimmera River (lower reaches)

Maximum of 4,595ML as three freshes of varying magnitude separated by baseflows of 25 ML/day Max. 4595ML 0ML Variation 2

MacKenzie River: Reach 3 (lower reaches)

150ML as baseflow of 15ML/day for 10 days

405 ML as spring fresh of 45ML/day for 9 days 695ML 0ML Variation 3

140ML as baseflow of 7ML/day for 20 days

Glenelg River: Reach 1

Summer base-flow of 25ML/day for 152 days and small 4025ML 3934ML(includes Variation 4 freshes of 40ML/day for 15 days (3 events for 5 days (includes 50ML 50ML of Glenelg each) of Glenelg Compensation Flow) Compensation Flow)

Glenelg River: Reach 1 790ML 0ML Variation 5

Summer fresh of 130ML/day for 6 days

Total 4228ML

Variation 1: ‘release pattern was severely impacted on by higher than expected losses during baseflows. Releases to provide water within the river during the Grampians bushfires and the early commencement of transfers from Lake Wartook by GWM Water’ (GHCMA 2007)

Variations 2 and 3: ‘Releases were delayed in September 2006 and then withheld in August 2006, by the Victorian Government for emergency supplies and/or fire fighting due to critically low water resource situation in the Wimmera/Glenelg headworks system’ (GHCMA 2007)

Variation 4: ‘Release pattern was interrupted as anticipated in the Annual Watering Plan due to construction of new Carp screens and upgrade of the 5-mile outlet. 50ML Glenelg River compensation flow also contributed to summer baseflow in reach 1 of Glenelg River.’ (GHCMA 2007)

Variation 5: ‘Allocations to the environment did not reach the required volume before 1 March 2006, therefore flow component not delivered as per AWP’ (GHCMA 2007)

Source: adapted from GHCMA (2007)

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Appendix 3 – Thomson River Environmental Flow Recommendations & Actual Releases

Thomson River Environmental Flow Recommendations

Reach Season Flow Volume Frequency Duration

Reach 2 – Summer/autumn Low flow 125 ML/day continuous downstream of Thomson Dam Low flow freshes 230 ML/day 7 per year 3 days

Winter/spring High flow 230 ML/day continuous

High flow freshes 800 ML/day 5 per year 4 days

Anytime Bankfull flow 2000 ML/day 1 every 2 years 3 days

Reach 3 – Summer/autumn Low flow 125 ML/day continuous Downstream of Aberfeldy Low flow freshes 230 ML/day 7 per year 3 days Confluence Winter/spring High flow 230 ML/day continuous

High flow freshes 800 ML/day 5 per year 4 days

Anytime Bankfull flow 2000 ML/day 1 every 2 years 3 days

Reach 4a – ‘Old Summer/autumn Low flow 20 ML/day continuous Thomson’ Low flow freshes 45 ML/day 4 per year 7 days

Winter/spring High flow 45 ML/day continuous

High flow freshes 260 ML/day 1 per year 4 days

Bankfull flow 2000 ML/day 1 per year 4 days

Reach 4b – Summer/autumn Low flow 50 ML/day continuous Rainbow Ck Low flow freshes 250 ML/day 4 per year 7 days

Winter/spring High flow 250 ML/day continuous

High flow freshes 2500 ML/day 1 per year 4 days

Bankfull flow 13000 ML/day 1 every 3 years 2 days

Reach 5 – Summer/autumn Low flow 70 ML/day continuous Downstream Rainbow Low flow freshes 230 ML/day 3 per year 4 days confluence Winter/spring High flow 70 ML/day continuous

High flow freshes 300 ML/day 7 per year 4 days

Anytime Bankfull flow 5000 ML/day 2 per year 4 days

Reach 6 – Summer/autumn Low flow 100 ML/day Continuous (all year) downstream

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Macalister Low flow freshes 355 ML/day 3 per year 4 days Confluence Winter/spring High flow 100 ML/day Continuous (all year)

High flow freshes 2,200 ML/day 3 per year 10 days

Bankfull flow 9,500 ML/day 2 per year 4 days

Source: Adapted from Earth Tech (2003)

Thomson River - Actual Release of Environmental Water in 2005/6

Release Dates Flow Peak Flow rate Duration of Total volume Variations to Component (ML/day) peak (days) from AWP Environmental BE (ML)

18-12-05 to 8-1-06 High flow fresh 827 4 5,818 Variation 1

19-2-06 to 3-3-06 Low flow fresh 337 3 940 Variation 2

17-3-06 to 29-3-06 Low flow fresh 338 3 1390

11-4-06 to 30-4-06 Low flow fresh 349 3 1391

Total 9,539

Variation 1: the actual release of this high flow fresh was originally planned in October/November 2005, but was delayed until December/January 2006 due to final Ministerial endorsement of the EOS and AWP not being received until 1st December 2005.

Variation 2: due to the late release of the high flow fresh in December/January 2006, this low flow fresh was rescheduled for March 2006 (rather than December 2005 as stated in the AWP). This allowed the three low flow freshes to be released in the 2005/6 watering year

Source: adapted from WGCMA (2006)

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Appendix 4 – Loddon River Environmental Flow Recommendations & Releases

Loddon River Environmental Flow Recommendations

Loddon River Reaches Season AWP Volume (ML/day) Frequency

Reach 1: Loddon River – Nov – Apr Min. 20ML/d or natural Annually (between irrigation seasons) Cairn Curran reservoir to Laanecoorie reservoir Nov – Apr RFF >35ML/d for 7 days 3 / year

May – Oct Min. 35ML/day or natural Annually

May – Aug RFF >181 ML/d for 25 days 3 / year

Aug – Nov 3,000 ML/d for 4 days 1 in 4 years

Anytime 3,000ML/d for 4 days Annually

Jun – Aug >3,000ML/d for 4 days Annually

Reach 2: Tullaroop Creek – Anytime Min. 10ML/d or natural Annually, all year round Tullaroop Reservoir to Laanecoorie Reservoir Nov – Apr RFF >13.5ML/d for 7 days 4 / year

May – Apr RFF >132 ML/d for 7 days 2 / year

Anytime 500 ML/d for 4 days 3 / year

Anytime 3,000 ML/d for peak of 1 day (with 1 in 2 years natural rate of rise & fall)

Reach 3a: Loddon River – Nov – Jul Min. 15 ML/d Annually (between irrigation releases) Laanecoorie Reservoir to Serpentine Weir Nov – Apr RFF >52 ML/d for >12 days Min. 3 / season

Aug – Oct Min. 52 ML/d (Aug-Oct) Annually

Aug – Oct 900 ML/d for 9 days 2 / year

Jun – Oct 7,300 ML/d for peak of 1 day (with 1 in 2 years natural rate of rise & fall)

Reach 3b: Loddon River – Nov – Apr Min. 19 ML/d ( or natural) Annually (between irrigation releases) Serpentine Weir to Loddon Weir Nov – Apr RFF >61 ML/d for >10 days Min. 3 / season

May – Oct Baseflow 61 ML/d Annually (May – Oct)

Aug – Oct >400 ML/d for 7 days 2 / year

Aug – Oct >2,000 ML/d for >5 days 2 / year

Jun - Oct >13,000 ML/d for peak of 2 days 1 in 3 years (natural rates of rise & fall)

Reach 4: Loddon river: Summer Cease to flow N/A Loddon weir to Kerang Weir

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Nov – Apr 7 – 12 ML/d Annually, Nov – Apr

Jan – Feb RFF >50 ML/d for 14 days One per summer season

May – Oct Min. 61 ML/d Annually, May – Oct

July - Oct Over bank >400 ML/d for > 6 days 2 / year

Reach 5: Kerang Weir to River N/A N/A N/A Murray

Boort District Wetlands N/A N/A N/A

*RFF = River Freshening Flows. Source: Adapted from Loddon River Environmental Flows Scientific Panel (2002).

Loddon River – Actual Releases of Environmental Water 2005/6

Loddon River Reaches Season AWP Volume (ML/day) QoR Volume released (ML/day) Nov 06 – July 07

Reach 1: Loddon river – Cairn May-Oct 35/20 ML/day* 0 ML/day Curran reservoir to Laanecoorie reservoir Nov-April 20ML/day

3 x (RFF – 35ML/day for 7 days)

Reach 2: Tullaroop Creek – 10 ML/day (continuous) 5ML/day Tullaroop Reservoir to Laanecoorie Reservoir 4 x (RFF – 13.5 ML/day for 7 days) No RFF

Reach 3a: Loddon River – Aug-Oct 52/15 ML/day* 0ML /day Laanecoorie Reservoir to Serpentine Weir Nov-July 15ML/day

3 x (RFF – 52 ML/day for 13 days)

Reach 3b: Loddon River – May-Oct 61/19ML/day* 2ML/day Serpentine Weir to Loddon Weir Nov-April 19ML/day

3 x (RFF – 61 ML/day for 11 days)

Reach 4: Loddon river: Loddon May-Oct 61/10ML/day* 1032ML used out of 1708ML weir to Kerang Weir entitlement Nov-April 7/12 ML/day

(cyclical 2 week period -

RFF – 50ML/day for 14 days)

Boort District Wetlands Allocation Dependent 0ML

Total

* Depending on water storage volumes (where less flow delivered – the difference is transferred to deficit volume reimbursement account)

RFF = River Freshening Flows

Source: Adapted from NCCMA (2007)

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Appendix 5 - Yarra River Environmental Flow Recommendations and Releases

Yarra River Environmental Flow Recommendations

Reach Season Flow Volume Frequency Duration

Reach 1 Summer /autumn Low flow 10 ML/day All season

Fresh 60ML/day 4 / season 1 day

Winter/Spring Low flow 10 ML/day All season

fresh 100ML/d 3 / season 2 days

high 300 ML/d 1 every 2 years 3 days

Bankfull 1,100ML/day 1 in 10 years 3 days

Reach 2 Summer/autumn Low flow 60 ML/d All season

Fresh 350 ML/d 3 per season 2 days

High flow 560 ML/d 1 per season in 7 days April/May

Winter/spring Low flow 350 ML/d All season

Fresh 700 ML/d 2 events between 7 days June and September

High 700 ML/d 1 in October- 14 days November

Bankfull/overbank flow 2,700 ML/d 1 every 2 years 2 days

Reach 3 Summer/Autumn Low flow 150 ML/d All season

Fresh 450 ML/d 3 per season 2 days

High flow 900 ML/d 1 in April/May 7 days

Winter/spring Low flow 350 ML/d All season

Fresh 1,800 ML/d 2 in June to 7 days September

High 1,800 ML/d 1 in October- 14 days November

Bankfull 7,500 ML/d 1 every 2 years 2 days

Overbank 9,000 ML/d Once every 4 years 1-2 days

Reach 4 Summer/Autumn Low flow 200 ML/d All season

Fresh 450 ML/d 3 per season 2 days

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High flow 1,100 ML/d 1 in April/May 7 days

Winter/spring Low flow 350 ML/d All season

Fresh 2,000 ML/d 2 in June to 7 days September

High 2,000 ML/d 1 in October- 14 days November

Bankfull 9,000 ML/d 1 every 2 years 2 days

Overbank 12,000 ML/d Once every 4 years 1-2 days

Reach 5 Summer/Autumn Low flow 200 ML/d All season

Fresh 750 ML/d 3 events between 2 days December and April

High flow 1,500 ML/d 1 per year between 7 days April/May & April

Winter/spring Low flow 350 ML/d All season

fresh 2,000 ML/d 2 events between 7 days June and Sept

high 2,000 ML/d 1 in Oct/Nov 14 days

Bankfull 10,000 ML/d 1 every 2 years 2 days

Reach 6 Summer/autumn Low flow 200 ML/d All season

fresh 750 ML/d 3 events between 2 days Dec & Apr

High flow 1500 ML/d 1 per year in Apr/May 7 days

Winter/spring Low flow 350 ML/d All season

fresh 2,200 ML/d 2 x between Jun & 7 days Sept

High flow 2,200 ML/d 1 in Oct/Nov 14 days

Bankfull 13,000 ML/d Once every 2 years 1-2 days

overbank 21,500 ML/d Once every 4 years 1-2 days

Reach 7 N/A N/A N/A N/A N/A

Reach 8 Summer/autumn Low flow 20 ML/day All season

fresh 80 ML/day 4 events 2 days

Winter/spring Low flow 130 ML/day All season

Fresh 100 ML/day 2 times per year 2 days

High 300 ML/day 1 per period 3 days

Bankfull 1,000 ML/day 1 in Oct/Nov 2 days

Reach 9 Summer/autumn Cease to flow Natural frequency Max. 5 days

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Low flow 10 ML/day or All season natural if lower

Fresh 55 ML/day 4 per season 2 days

Winter/spring Low flow 20 ML/day All season

Fresh 70 ML/day 4 per season 3 days

High flow/Bankfull 600 ML/day 1 per year 2 days

Source: Adapted from (SKM 2005)

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Appendix 6 – The Snowy Hydro Corporatisation Act 1997 section 57

The Snowy Hydro Corporatisation Act 1997, section 57 states:

1. There is established by this Act a body corporate with the corporate name of Snowy Scientific Committee 2. The Committee has the functions conferred or imposed on it by or under this or any other Act. 3. The principal functions of the Committee are as follows: a. To advise the Water Administration Ministerial Corporation each year on the regime for the release of water for environmental reasons under the Snowy Water Licence. b. To advise that Corporation from time to time on the adequacy of those releases and the programs for management and restoration of the catchments (and the Snowy River and other rivers and streams) receiving water from those releases, including the arrangements for consultations, monitoring and on-going research about these programs

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Appendix 7 – List of Useful Contacts

River Agency Contact Name

Wimmera River Wimmera CMA Hugh Christie (Senior Environmental Water Reserve Officer) P: (03) 5382 1544 M: 0418 835 933 F: (03) 5382 6076 E: [email protected]

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