Resource Consent Application For: Waitohi Dairy Ltd To: Change Conditions of CRC150714 & CRC150715 Prepared By: Victoria Clarke B.Agr.Sc (Hons)

Resource Consent Application For: Waitohi Dairy Ltd To: Change Conditions of CRC150714 & CRC150715 Prepared by: Victoria Clarke B.Agr.Sc (hons)

Contents

APPLICANT DETAILS ...... 3 1.0 INTRODUCTION ...... 4 2.0 PROPOSED CHANGES SOUGHT ...... 5 3.0 LEGAL AND PLANNING MATTERS ...... 7 The Resource Management Act 1991 (RMA) ...... 7 Land and Water Regional Plan (LWRP) (Decisions) ...... 8 Resource Management (Measurement and Reporting of Water Takes) Regulations 2010 ...... 8 4.0 DESCRIPTION OF THE ENVIRONMENT ...... 8 5.0 CONSULTATION ...... 8 6.0 ASSESSMENT OF EFFECTS ...... 3 Effects of take on surrounding water users ...... 3 Cumulative effect (in combination with other takes) of take on other water users3 Effect of inefficient take on other water users ...... 3 Effect of take on other users from seawater intrusion ...... 4 Effect of take on aquifer stability ...... 4 Effect from cross-connection on groundwater quality ...... 4 Effect of take on surface water flows ...... 4 Effect of use on water quality ...... 4 Effect of take and use on Tangata Whenua values ...... 5 Summary of effects ...... 5 7.0 POLICIES AND OBJECTIVES ...... 5 8.0 PART II MATTERS ...... 5 Purpose of the RMA ...... 5 Matters of National Importance ...... 5 Other Matters ...... 5 Principles of the Treaty of Waitangi ...... 5 9.0 SUMMARY ...... 6 Appendix One – Location Plan ...... 3 Appendix Two – Map of Pumping Stations ...... 4 Appendix Three – Copies of CRC150714 and CRC150715 ...... 3

APPLICANT DETAILS

APPLICATION FOR RESOURCE CONSENT

Applicant: Waitohi Dairy Ltd c/o Campbell Shearer PO Box 125053 St Heliers Auckland 1740 021 606 667 [email protected]

Technical queries to: Victoria Clarke - Irricon Resource Solutions Limited 94 Strachans Road RD11K Oamaru 9494

03 308 8587 ext. 5 021 190 4535 [email protected]

Activity: A change to consents CRC150714 and CRC150715 is sought

Application relates to: 436 Main Waitohi Road Legal Description: LOT 1 DP 3732 PT RS 16140 18827 19867 RS 12807 15196 13849 14616 17170 37704 BLKS XV XVI OPIHI SD BLK III PAREORA SD Map reference: NZMS 260 J38:5900-6400

Application fee: $4,554.00 deposit has been paid by Irricon under the reference “Waitohi”

Additional fees or refund: Direct to applicant

The consultant is the main point of contact for this application and the applicant for compliance matters.

Signed:

Victoria Clarke on behalf of the applicant – 27th March 2015

This report has been prepared for Environment Canterbury (ECan) as the regulatory authority for the proposed activity, in accordance with Section 88 of the Resource Management Act 1991 (the RMA).

The report has been prepared by Victoria Clarke of Irricon Resource Solutions Ltd on behalf of Waitohi Dairy Ltd.

The information in this report has been prepared for the exclusive use of Waitohi Dairy Ltd. Anyone wanting to use any information from this report that is not in the public domain or obtained from a 3rd party should first contact the author for permission.

1.0 INTRODUCTION

Waitohi Dairy Ltd (the applicant) own and operate an 1800 cow dairy farm in Waitohi, near Pleasant Point. They have recently built a new cowshed and wish to separate the two farms out into stand-alone units. We have just applied for a change of conditions to the effluent consent and applied for a new consent for the new shed to reflect the splitting of the farms. This has resulted in CRC155597 for Waitohi One and CRC155600 for Waitohi Two. Please refer to Appendix One to see how the two farms will be split.

The next step is to split the surface water take consents so that each farm has its own consent to take surface water.

The applicant holds resource consents CRC150714 and CRC150715 which allow them to irrigate their property. CRC150714 authorises a take of 42.1l/s from SWAP J38/0808 and CRC150715 authorises a take of 136.5l/s from SWAP BZ19/0098. These two consents have a combined return period volume and annual volume and both allow irrigation over the whole farm. There is also a groundwater take consent, CRC000886.3, which will remain unchanged and stay with Waitohi One.

There will be no changes to the total rate of take, return period volume, annual volume or area to be irrigated. The water will be split between the two consents on a pro-rata basis to reflect the shareholding in Opuha Water Limited. Waitohi One will have 211 shares and Waitohi Two will have 221 shares and this split is used for the proposed consent changes to allocate rate of take, return period volume and annual volume between the two consents.

There are two pump sheds at present and each of the current consents relates to one pump shed. All of the infrastructure is already in place to allow these consents to be split with separate pumps and flow meters. However at the pump shed associated with CRC150715 there are two pumps which supply both Waitohi One and Waitohi Two hence CRC150714 will need to be adjusted so that water can be taken from both pump sheds/SWAP’s. A farm map showing the pumping system is included in Appendix Two.

It was noted during the due diligence process that the current take and use consents did not reference a diversion from the Opihi River into the canal from which water is abstracted. Therefore it is proposed to add a diversion condition to each consent to reflect the water which is currently diverted from the river. It is noted that CRC110293, held by Cones Creek Limited, holds a consent to divert 800 L/s at the intake, and this in effect, includes the Waitohi water, but it is considered reasonable that the diversion of water should also be referenced on the Waitohi consents. We will also apply (in a separate application) for a land use consent to disturb the bed of the river to maintain the intake where water is diverted.

2.0 PROPOSED CHANGES SOUGHT

The applicant seeks the following changes to CRC150714:

Condition (1) of CRC150714 currently reads:

Water shall only be taken from SWAP J38/0808 at or about map reference NZMS 260 BZ19:48088-02822.

It is proposed to change condition (1) to read:

1. a. The rate at which water is diverted from the Opihi River from SWAP J38/0744, combined with CRC110293, at or about map reference NZMS 260 J38:572-648 shall be maintained at a nominal flow of 800 litres per second.

b. The rate at which water is taken from the Opihi River, from SWAP J38/0808 at or about map reference NZMS 260 BZ19:48088-02822 and SWAP BZ19/0098 at or about map reference NZMS 260 BZ19:4778-0308, shall not exceed 87.2 litres per second, with a volume not exceeding 105,500 cubic metres in any period of 14 consecutive days and 1,186,875 cubic metres between 1st July and the following 30th June.

Condition (2) of CRC150714 currently reads:

Water may be taken at a rate not exceeding 42.1 litres per second.

It is proposed to change condition (2) to read:

Remove this condition as it is now included in condition 1 above.

Condition (3) of CRC150714 currently reads:

In combination with CRC150715, water may be taken with a volume not exceeding a. 216,000 cubic metres in any period of 14 consecutive days; and b. 2,430,000 cubic metres between 1st July and the following 30th June.

It is proposed to change condition (3) to read:

Remove this condition as it is now included in condition 1 above.

Condition (4) of CRC150714 currently reads:

Water shall only be used for irrigation, as described in the application, on the area of land shown in attached plan CRC150715 which forms part of this consent.

It is proposed to change condition (4) to read and to update it to condition (2):

2. Water shall only be used for irrigation, as described in the application, on the area of land shown in attached plan CRC150715XXXXXX which forms part of this consent.

Add in a new condition relating to the diversion of water:

b. The nearest local office of Fish and Game New Zealand shall be notified of the intention to cease the diversion and discharge of water not less than 48 hours prior to the cessation of these activities.

Condition (5) of CRC150714 currently reads:

When consents CRC150714 and CRC150715 are exercised concurrently with CRC000886.3: a. The maximum rate at which water is taken from CRC150714 and CRC150715 shall not exceed 178.6 litres per second less the rate of abstraction from consent CRC000886.3. b. The volume taken under CRC150714 and CRC150715 shall not exceed 216,000 cubic metres in any period of 14 days less the volume abstracted from consent CRC000886.3 in the same period.

It is proposed to change condition (5) to read and update it to condition (4):

When consents CRC150714 and CRC150715 are is exercised concurrently with CRC000886.3: a. The maximum rate at which water is taken from CRC150714 and CRC150715 shall not exceed 178.6 87.2 litres per second less the rate of abstraction from consent CRC000886.3. b. The volume taken under CRC150714 and CRC150715 shall not exceed 216,000 105,500 cubic metres in any period of 14 days less the volume abstracted from consent CRC000886.3 in the same period.

No other changes are proposed to any other conditions.

The applicant seeks the following changes to CRC150715:

Condition (1) of CRC150715 currently reads:

Water shall only be taken from SWAP BZ19/0098 at or about map reference NZMS 260 BZ19:4778-0308.

It is proposed to change condition (1) to read:

b. The rate at which water is taken from the Opihi River, from SWAP BZ19/0098 at or about map reference NZMS 260 BZ19:4778-0308, shall not exceed 91.4 litres per second, with a volume not exceeding 110,500 cubic metres in any period of 14 consecutive days and 1,243,125 cubic metres between 1st July and the following 30th June.

Condition (2) of CRC150715 currently reads:

Water may be taken at a rate not exceeding 136.5 litres per second.

It is proposed to change condition (2) to read:

Remove this condition as it is now included in condition 1 above.

Condition (3) of CRC150715 currently reads:

In combination with CRC150714, water may be taken with a volume not exceeding a. 216,000 cubic metres in any period of 14 consecutive days; and b. 2,430,000 cubic metres between 1st July and the following 30th June.

It is proposed to change condition (3) to read:

Remove this condition as it is now included in condition 1 above.

Condition (4) of CRC150715 currently reads:

Water shall only be used for irrigation, as described in the application, on the area of land shown in attached plan CRC150715 which forms part of this consent.

It is proposed to change condition (4) to read and to update it to condition (2):

2. Water shall only be used for irrigation, as described in the application, on the area of land shown in attached plan CRC150715XXXXXX which forms part of this consent.

Add in a new condition relating to the diversion of water:

3. a. The diversion shall not prevent the passage of fish over the entire length of the diversion and discharge channel, and particular regard shall be given to avoiding the stranding of fish in pools or channels. b. The nearest local office of Fish and Game New Zealand shall be notified of the intention to cease the diversion and discharge of water not less than 48 hours prior to the cessation of these activities.

Condition (5) of CRC150714 currently reads:

It is proposed to remove condition five altogether as it will relate to CRC150714 only, not to CRC150715.

No other changes are proposed to any other conditions other than these first five.

3.0 LEGAL AND PLANNING MATTERS

The Resource Management Act 1991 (RMA)

Section 127 of the RMA allows conditions of consent to be changed. In this case, adding an additional point of take to CRC150714 without any increase in rate, volume or area to be irrigated overall between the two consents, and supported by OWL shares, means that there is no increase in scale and scope from the original activity, and therefore the proposed changes requested is considered to be a discretionary activity.

Land and Water Regional Plan (LWRP) (Decisions)

The property is mostly located in a red nutrient allocation zone, with a small amount (less than 20ha) of orange zone in the West corner of Waitohi One. Overseer modelling was carried out by myself for the effluent discharge consent split and shows that the leaching drops to 25kgN/ha/yr for Waitohi One and remains at the baseline figure of 26kgN/ha/yr for Waitohi Two. Therefore this is a permitted activity.

Overseer v6.1.3 Baseline Waitohi One Waitohi Two Nitrogen lost to water kg/ha/yr 26 25 26 Total N lost kg/farm 12,052 5,528 5,970

Overseer modelling was provided for the changes to the effluent consents and as such has not been provided with this application as it will already be on file.

The subject property falls under the jurisdiction of the Timaru District Council. No consents are required for this activity from this territorial authority.

Resource Management (Measurement and Reporting of Water Takes) Regulations 2010

This consent will fully comply with these regulations in terms of measuring and recording requirements, as set out in the proposed conditions.

4.0 DESCRIPTION OF THE ENVIRONMENT

The property is located on Main Waitohi Road, Waitohi. It is located in the Opihi River Catchment, which is controlled by the Opihi River Regional Plan.

It is also located mostly in the Temuka Nutrient Allocation Zone, which is a red zone (water quality outcomes not being met) and partly in the Opihi Nutrient Allocation zone, which is an orange zone (water quality outcomes are at risk of not being met).

The land is mostly flat and will continue to be used as a dairy farm.

J38/0808 is located adjacent to the Opihi River, at a distance of 130 metres as is BZ19:4778-0308 which is at a distance of 200m.

5.0 CONSULTATION

No written approvals have been obtained as no persons are considered to be adversely affected by the proposed activity.

6.0 ASSESSMENT OF EFFECTS

Effects of take on surrounding water users

The following bores are located within 2km of bore/gallery BZ19/0098 and J38/0808:

Well Well Owner BZ19/0012 Opuha Water Limited BZ19/0092 D T Howey J38/0053 Mr & Mrs D T & J C Howey J38/0152 Mr D T Howey J38/0159 MILLER D R J38/0360 Waitohi Dairy Limited J38/0364 Mr & Mrs G R & W E Taggart J38/0384 Mr S C & Mrs J M Grigg J38/0587 Mr & Mrs D T & J C Howey J38/0592 Yorkshire Farming Company Limited J38/0610 Mr & Ms W & A F M Sliep & Trimpe Burger J38/0611 Mr & Ms W & A F M Sliep & Trimpe Burger J38/0636 MR T G HENDERSON J38/0919 Opuha Water Limited J38/0962 OPUHA WATER LIMITED J38/0965 SC & JM Grigg

One bore is owned by the applicant. The other users who take water from the canal will not be affected as we are not proposing to take any more water.

As nothing is changing in terms of rate of take or volume it is considered that effects on other water users will be less than minor.

Cumulative effect (in combination with other takes) of take on other water users

Section 5.3.5 of the ORRP specifies that the taking of water in terms of an “AA” Permit or an “BA” Permit shall only occur while the consent holder holds shares in the Opuha Dam Augmentation Scheme that represent entitlements to be supplied with all of the water [my emphasis] applying to the Permit. This means that the holder of an “AA” consent is entitled to the full volume of water in accordance with the Opuha Water share entitlement. In this case, 432 shares entitle the consent holder to abstract a maximum annual volume of 2,430,000 m3 which is proposed to be split between the two consents on a pro-rata basis.

Therefore, as nothing is changing and all water is backed by Opuha shares there is no cumulative effect on other water users.

Effect of inefficient take on other water users

Any water abstracted on the property is sourced from water supplied by the Opuha Dam, which meets a reliability of 1:20 years and can supply water for 22.5 weeks of each irrigation season. Because this water comes from storage it has been determined within the Opihi River Regional Plan to be an efficient use of the resource. Water

3 allocation to other users is not compromised, and the water is only used if it is required. The full allocation is only used during extremely dry periods with frequencies in excess of those used by Ecan’s Schedule WQN9 method.

This application is not looking to take any more annual volume for irrigation and based on the above it is concluded that this effect will be less than minor.

Effect of take on other users from seawater intrusion

There will be no direct (or cumulative) adverse effect on other groundwater users from saltwater intrusion as the bore is located at greater than 2km from the coast.

Therefore this effect will be negligible on other groundwater users.

Effect of take on aquifer stability

There will be no adverse effect of the take on aquifer stability given that the aquifers in the area are gravel based.

Therefore this effect is assessed as being less than minor.

Effect from cross-connection on groundwater quality

There will be no adverse effect from cross-connection on groundwater quality as the bores are only screened in one aquifer.

Therefore this effect is assessed as being less than minor.

Effect of take on surface water flows

The gallery is considered to be hydraulically connected to the Opihi River, and as such the take is supported by OWL shares, and conditions 2 to 5 of both consents. Therefore, the take is fully augmented, and splitting these consents apart will have no effects on surface water flows.

SWAP SWAP Owner BZ19/0098 Waitohi Dairy Ltd J38/0743 - J38/0744 - J38/0764 - J38/0775 - J38/0808 Waitohi Dairy Ltd

Given this, effects on surface water flows are less than minor.

Effect of use on water quality

Overseer modelling has been completed for the purposes of the effluent consent change/split. The nitrogen leaching is unchanged as result of this application, with a slight drop on Waitohi Two (as a result of soil type’s difference on the two farms) as the

4 rate of take, volume and area to be irrigated is not changing, and the farm land use is not changing. Therefore, the effect of the use on water quality is de minimis.

Effect of take and use on Tangata Whenua values

Given the conclusions in the previous sections of this report, I do not consider that there will be any adverse effect from this application on Tangata Whenua values.

Obviously Arowhenua Runanga will have an opportunity to comment on these applications when they are receipted by ECan. However based on the information available to me it is my conclusion that this application will not result in more than minor adverse effects on Tangata Whenua values.

Summary of effects

This assessment has shown that the proposed change will not result in more than a minor effect on the environment or on any persons.

7.0 POLICIES AND OBJECTIVES

It is considered that granting this application will be consistent with the objectives and policies of the Regional Policy Statement, and Chapters 4 and 5 of the NRRP, and Sections 3 and 4 of the Proposed Land and Water Regional Plan (Decisions) and the Opihi River Regional Plan, as actual and potential adverse effects will be minor, given the proposed mitigation measures.

8.0 PART II MATTERS

Purpose of the RMA

Under Section 104(1) of the RMA the consent authority must consider applications “subject to Part II”’. The purpose of the RMA is to “promote the sustainable management of natural and physical resources” (Section 5(1)).

It is considered that granting this application as applied for will be consistent with the purpose of the RMA, given the conclusion of the assessment that adverse effects will be less than minor.

Matters of National Importance

Section 6 of the RMA requires the consent authority to recognise and provide for the matters set out in this section. It is considered that the activity as applied for will not compromise any of them.

Other Matters

Section 7 of the RMA requires the consent authority to have particular regard to the matters set out in this section.

Principles of the Treaty of Waitangi

Section 8 of the RMA requires the consent authority to take into account the Principles of the Treaty of Waitangi. In doing so the fact that the proposed activity as applied for

5 is unlikely to adversely affect Tangata Whenua values to more than a minor extent as assessed in this report.

9.0 SUMMARY

Effects of the proposed change have been assessed as minor, and therefore, it is requested that the application proceeds non-notified with the expiry date of 9 October 2030 (as for CRC150714 and CRC150715).

This report has been prepared by:

Victoria Clarke Irricon Resource Solutions Limited

Appendix One – Location Plan

Appendix Two – Map of Pumping Stations

Appendix Three – Copies of CRC150714 and CRC150715

RMA Authorisation Number: CRC150714

File Number: CRC150714

Client Name: Waitohi Dairy Limited

To: transfer water permit to another site

Consent Location: Main Waitohi Road, WAITOHI

State: Issued - Active

Events: 30 Sep 2014 Transfer Takes Effect Date 16 Aug 2005 Given Effect To 19 Aug 2008 Lapses 09 Oct 2030 Expires

Subject to the following conditions: 1 Water shall only be taken from SWAP J38/0808 at or about map reference NZMS 260 BZ19:48088-02822.

2 Water may be taken at a rate not exceeding 42.1 litres per second.

3 In combination with CRC150715, water may be taken with a volume not exceeding a. 216,000 cubic metres in any period of 14 consecutive days; and b. 2,430,000 cubic metres between 1st July and the following 30th June.

4 Water shall only be used for irrigation, as described in the application, on the area of land shown in attached plan CRC150715 which forms part of this consent.

5 When consents CRC150714 and CRC150715 are exercised concurrently with CRC000886.3: a. The maximum rate at which water is taken from CRC150714 and CRC150715shall not exceed 178.6 litres per second less the rate of abstraction from consent CRC000886.3. b. The volume taken under CRC150714 and CRC150715 shall not exceed 216,000 cubic metres in any period of 14 days less the volume abstracted from consent CRC000886.3 in the same period.

6 The taking of water in terms of this permit shall only occur while the consent holder holds an entitlement to be supplied by the Dam Company (as defined in the Opihi River Regional Plan, operative 16 October 2000) or its successor, with water equivalent to the maximums provided for in Conditions (2) and (3), and where the consent holder has provided the Canterbury Regional Council with details of the shares, agreement or other entitlement, and with a written undertaking that the water taken under the entitlement is to be used exclusively for irrigation of the land covered by this permit.

7 The consent holder shall notify the Canterbury Regional Council in writing within three working days if the consent holder ceases to hold, reduces the number of shares held in, or varies the entitlement to have water supplied by the Dam

Company, or proposes that the water taken under the entitlement is to be used wholly or in part for the irrigation of land other than the land covered by this permit.

8 Except as provided for by Condition (9) below, whenever the flow of the Opihi River at State Highway One Bridge (map reference NZMS 260 K38:718-591), as estimated by the Canterbury Regional Council, is at or below 15 cubic metres per second, the taking of water in terms of this permit shall cease.

9 Condition (8) of this consent shall not apply to the taking of water in terms of this permit provided that: a. The lake level at the Opuha Dam is at or above 375 metres above Mean Sea Level in terms of the Lyttelton Datum (1937); and b. The flow in the Opihi River at Saleyards Bridge during the relevant month is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan, operative 16 October 2000):

Month Flows January 3.5 February 3.5 March 7.5 April 8.0 May 4.5 June 4.0 July 4.0 August 4.5 September 6.0 October 8.5 November 7.0 December 6.0 OR a. The lake level is between 370 metres and 375 metres above Mean Sea Level in terms of the Lyttleton Datum (1937); and b. The flow in the Opihi River at Saleyards Bridge during the relevant month is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan, operative 16 October 2000): Month Flows January 3.35 February 3.35 March 5.35 April 5.6 May 3.85 June 3.6 July 3.6 August 3.85 September 4.6 October 5.85 November 5.1

December 4.6 All flows in the Opihi River referred to in this condition are estimated by the Canterbury Regional Council at Salesyards Bridge (map reference NZMS 260 J38:618-603)

10 The consent holder shall before 01 December 2014: a. i. install a water meter(s) that has an international accreditation or equivalent New Zealand calibration endorsement, and has pulse output, suitable for use with an electronic recording device, which will measure the rate and the volume of water taken to within an accuracy of plus or minus five percent as part of the pump outlet plumbing, or within the mainline distribution system, at a location(s) that will ensure the total take of water is measured; and ii. install a tamper-proof electronic recording device such as a data logger(s) that shall time stamp a pulse from the flow meter at least once every 15 minutes, and have the capacity to hold at least one season’s data of water taken as specified in clauses (b)(i) and (b)(ii), or which is telemetered, as specified in clause (b)(iii). b. The recording device(s) shall: i. be set to wrap the data from the measuring device(s) such that the oldest data will be automatically overwritten by the newest data (i.e. cyclic recording); and ii. store the entire season’s data in each 12 month period from 1 July to 30 June in the following year, which the consent holder shall then download and store in a commonly used format and provide to the Canterbury Regional Council upon request in a form and to a standard specified in writing by the Canterbury Regional Council; or iii. shall be connected to a telemetry system which collects and stores all of the data continuously with an independent network provider who will make that data available in a commonly used format at all times to the Canterbury Regional Council and the consent holder. No data in the recording device(s) shall be deliberately changed or deleted. c. The water meter and recording device(s) shall be accessible to the Canterbury Regional Council at all times for inspection and/or data retrieval. d. The water meter and recording device(s) shall be installed and maintained throughout the duration of the consent in accordance with the manufacturer’s instructions. e. All practicable measures shall be taken to ensure that the water meter and recording device(s) are fully functional at all times.

11 If the irrigation system is used to distribute diluted effluent, fertiliser or added contaminants the consent holder shall ensure: a. An effective backflow prevention device is installed and operated within the pump outlet plumbing or within the mainline to prevent the backflow of contaminants into the water source; and b. The backflow prevention device is tested at the time of installation and annually thereafter by a suitably qualified or certified person in accordance with Canterbury Regional Council approved test methods for the device used; and c. The test report is provided to the Canterbury Regional Council Attention: Regional Manager, RMA Monitoring and Compliance, within two weeks of each inspection.

12 Fish exclusion a. A fish exclusion device shall be installed, operated and maintained on the intake to ensure that fish are prevented from passing into the intake. b. The fish exclusion device shall be positioned to avoid the entrapment of fish at the point of abstraction, and to minimise the risk of fish being damaged by contact with the fish screening device. c. The fish exclusion device shall be designed or supplied by a person with experience in freshwater ecology and fish screening techniques, who shall ensure that the performance criteria specified in clauses (a) and (b) of this condition are achieved, and that the device is designed in accordance with best practice, as outlined in the document Fish Screening: Good Practice Guidelines for Canterbury, NIWA Client Report 2007-092, October 2007. d. Prior to the installation of the fish screen, a report containing final design plans that demonstrate that the fish screen will meet the performance criteria specified in clauses (a) and (b) of this condition, and an operation and maintenance plan for the fish screen, shall be provided to Canterbury Regional Council, Attention: Regional Manager RMA Monitoring and Compliance. e. Before the taking of any water in terms of this permit, a certificate shall be provided to Canterbury Regional Council, by a person with experience in freshwater ecology and fish screening techniques, to certify that the design plans and operation and maintenance plan for the fish screen will meet performance criteria as outlined in this condition, and that the fish screen has been installed in accordance with the details provided to Canterbury Regional Council in accordance with clause (d) of this condition. f. The fish screen shall be maintained in good working order. Records shall be kept of all inspections and maintenance, and those records shall be provided to Canterbury Regional Council upon request.

13 The consent holder shall take all practicable steps to: a. Ensure that the volume of water applied does not exceed that required for the soil to reach field capacity; and b. Avoid leakage from pipes, structures and races forming part of the reticulation system associated with the abstraction; and c. Avoid the application of abstracted water onto non-productive land such as impermeable surfaces and river or stream riparian strips.

14 The taking of water in terms of this permit shall cease for a period of up to 48 hours on notice from the Canterbury Regional Council, to allow measurement of the flow in the Opihi River.

15 The Canterbury Regional Council may, once per year, on any of the last five working days of May or November, serve notice of its intention to review the conditions of this consent for the purposes of: a. Dealing with any adverse effect on the environment which may arise from the exercise of the consent; or b. Requiring the adoption of the best practicable option to remove or reduce any adverse effect on the environment.

16 The consent holder may apply, once a year, on any working day during June or November, to the Canterbury Regional Council, under Section 127(1) of the Resource Management Act 1991, to change or cancel conditions of this consent for the purpose of amending the instantaneous rate of take and/or volume of take per return period to reflect any changes in shareholding in the Dam Company.

RMA Authorisation Number: CRC150715

File Number: CRC150715

Client Name: Waitohi Dairy Limited

To: transfer water permit to another site

Consent Location: Main Waitohi Road, WAITOHI

State: Issued - Active

Events: 30 Sep 2014 Transfer Takes Effect Date 16 Aug 2005 Given Effect To 19 Aug 2008 Lapses 09 Oct 2030 Expires

Subject to the following conditions: 1 Water shall only be taken from SWAP BZ19/0098 at or about map reference NZMS 260 BZ19:4778-0308.

2 Water may be taken at a rate not exceeding 136.5 litres per second.

3 In combination with CRC150714, water may be taken with a volume not exceeding a. 216,000 cubic metres in any period of 14 consecutive days; and b. 2,430,000 cubic metres between 1st July and the following 30th June.

4 Water shall only be used for irrigation, as described in the application, on the area of land shown in attached plan CRC150715 which forms part of this consent.

wholly or in part for the irrigation of land other than the land covered by this permit.

Month Flows January 3.5 February 3.5 March 7.5 April 8.0 May 4.5 June 4.0 July 4.0 August 4.5 September 6.0 October 8.5 November 7.0 December 6.0

OR a. The lake level is between 370 metres and 375 metres above Mean Sea Level in terms of the Lyttleton Datum (1937); and b. The flow in the Opihi River at Saleyards Bridge during the relevant month is at or above the sum of the corresponding flow (in cubic metres per second) in the following table, plus the total rate at which water is currently authorised to be taken downstream of Saleyards Bridge pursuant to "AA", "BA" or "AN" permits (as defined in the Opihi River Regional Plan, operative 16 October 2000):

Month Flows January 3.35 February 3.35 March 5.35 April 5.6 May 3.85 June 3.6 July 3.6 August 3.85 September 4.6 October 5.85

November 5.1 December 4.6

All flows in the Opihi River referred to in this condition are estimated by the Canterbury Regional Council at Salesyards Bridge (map reference NZMS 260 J38:618-603)

c. The test report is provided to the Canterbury Regional Council Attention: Regional Manager, RMA Monitoring and Compliance, within two weeks of each inspection.

14 The taking of water in terms of this permit shall cease for a period of up to 48 hours on notice from the Canterbury Regional Council, to allow measurement of the flow in the Opihi River.

16 The consent holder may apply, once a year, on any working day during June or November, to the Canterbury Regional Council, under Section 127(1) of the

Resource Management Act 1991, to change or cancel conditions of this consent for the purpose of amending the instantaneous rate of take and/or volume of take per return period to reflect any changes in shareholding in the Dam Company.