SCHOOLOF LAW

BA., LLB(HONS.) ENERGY LAWS

SEMESTER 1

ACADEMIC YEAR: 2016-2017 SESSION: JULY-

DECEMBER

PROJECT

POLITICAL SCIENCE

UNDER SUPERVISION OF Mr SAM BABU KC

TOPIC – WATER SHARING AND INTERLINKING OF RIVERS AND INDIA

 NAME:AJAY NARWAL
 ROLL NUMBER:12
 SAP ID:500059948
 INDEX

IMPORTANCE OF WATER SHARING

CHAPTER 1

INTER STATE RIVER DISPUTE ACT 1956

CHAPTER 2

WATER SHARING RULES

CHAPTER 3

WATER SHARING PLANS

CHAPTER 4

RIVER WATER SHARING SOLUTION AND

CHAPTER 5 FUTURE
INTRODUCTION
Water being one of the most important part of human life without water humans would have not
came into existence it’s not only humans but not even any life would have came to existence . as
today the global warming is increasing or we can say the temperature of the earth is increasing

at a very high level due to which the purest form of water that is the glaciers are melting at a
very high rate and getting mixed with the salty water of the oceans.

The population of humans is also one of the thing that should be taken into consedration . as to
satisfy the need of water for all of them the water from the glaciers is the most good thought for
india today.

But then there comes the ego of the man kind that they will let the water get wasted (to letiing it
go to the oceans) and not letting to fulfill the requirement’s of other’s humans which even do
not have even a drop to drink.

Water is a vital resource and is an area of both contention and conflicts these conflicts could be
between villages, districts, states or the countries the nature of these conflict’s is diverse and the
the methord’s followed by government in case of conflict’s between the states are generally not
acceptable by either of the state so the main question arises here that what we can we do to the
states that do not follow the government orders because water cannot be stopped from being
flowed

As water flows from the higher altitude to the lower altititude and finally merge into the sea that
is the salty water and which is unfit for the use.
CHAPTER 1
Importance of water sharing

A fascinating perception emerging from the arrangement of the current year's exceptional section
on water and agribusiness is that it is so hard to make speculations regarding water. Any
announcement requires capability. For instance, while we can state that water is a standout
amongst the most bottomless assets on earth, we realize that under 1 percent of the aggregate
supply is dependably accessible for human utilization. Water is a fluid generally, yet it can
likewise be a strong and a vapor. Drinking-water is absolutely fundamental for human survival
however water-related ailments are the most widely recognized wellbeing danger in the creating
scene. An expected 25 000 individuals bite the dust each day because of water-related afflictions.

Agribusiness isn't just the world's biggest water client as far as volume, it is likewise a
moderately low-esteem, low-proficiency and profoundly financed water client. These actualities
are compelling governments and contributors to reconsider the monetary, social and natural
ramifications of expansive openly subsidized and worked water system ventures. Previously,
local spending for water system commanded agrarian spending plans in nations all through the
world. For example, since 1940, 80 percent of Mexico's open uses in horticulture have been for
water system ventures. In China, Indonesia and Pakistan, water system has consumed the greater
part of agrarian venture. In India, around 30 percent of all open speculation has gone into
irrigation

Water is basic for keeping up a satisfactory sustenance supply and a beneficial domain for the
human populace and for different creatures, plants, and organisms around the world. As human
populaces and economies develop, worldwide freshwater request has been expanding quickly
(Hinrichsen et al. 1998, Postel 1999, Rosegrant et al. 2002, Shiklomanov and Rodda 2003,
UNEP 2003a, Gleick 2004). Notwithstanding debilitating the human nourishment supply, water
deficiencies extremely lessen biodiversity in both sea-going and earthbound environments, while
water contamination encourages the spread of genuine human ailments and decreases water
quality (Postel et al. 1996, Pimentel et al. 2004).

People get the immense greater part of their supplements from harvests and domesticated
animals, and these supplement sources require water, land, and vitality for generation (Pimentel
et al. 2004). Sustenance supplies (oat grains) per capita have declined by 17% in the course of
recent years, partially due to an expansion in human populace and simultaneous deficiencies of
crisp water and cropland (FAO 1961– 2002). Deficiencies in nourishment supplies have to some
degree added to the worldwide issue of more than 3 billion malnourished individuals on the
planet (WHO 2004a). Two of the most genuine ailing health issues are press insufficiency,
influencing 2 billion individuals, and protein or calorie inadequacy, influencing almost 800
million individuals (WHO 2002, 2004b). Press lack and protein or calorie inadequacy each
outcome in around 8 million passings every year (WHO 2002).

The total populace presently numbers 6.3 billion, with more than a quarter million individuals
included every day (PRB 2003). The Unified Countries (UN 2001) gauges that the worldwide
populace will increment to roughly 9.4 billion individuals by 2050. Populace development,
joined by expanded water utilize, won't just seriously decrease water accessibility per individual
yet additionally make weight on biodiversity in the whole worldwide biological community
(Pimentel et al. 2004). Other main considerations that point of confinement water accessibility
incorporate precipitation, temperature, vanishing rates, soil quality, vegetation sort, and water
spillover. Besides, genuine challenges as of now exist in reasonably assigning the world's
freshwater assets between and inside nations. These contentions are heightening among new
modern, rural, and urban divisions. In this article, we break down water use by people and
particularly by horticultural frameworks, announcing the interrelationships that exist among
populace development, water utilize and dissemination, the status of biodiversity, the indigenous
habitat, and the effects of waterborne human maladies.
CHAPTER 2
INTER STATE RIVER DISPUTE ACT 1956

The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of

India enacted under Article 262 of Constitution of India on the eve of reorganization of states on
linguistic basis to resolve the water disputes that would arise in the use, control and distribution
of an interstate river or river valley.  Article 262 of the Indian Constitution provides a role for the
Central government in adjudicating conflicts surrounding inter-state rivers that arise among the
state/regional governments. This Act further has undergone amendments subsequently and its
most recent amendment took place in the year 2002.
River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7
of Indian Constitution). However, union government can make laws on regulation and
development of inter-State rivers and river valleys when expedient in the public interest (entry 56
of union list, Schedule 7 of Indian Constitution). When public interest is served, President may
also establish an interstate council as per Article 263 to inquire and recommend on the dispute
that has arisen between the states of India. IRWD Act (section 2c2) validates the previous
agreements (if any) among the basin states to harness water of an interstate river/ river valley.

Water disputes
IRWD Act is applicable only to interstate rivers / river valleys. An action of one state should
affect the interests of one or more other states. Then only water dispute is deemed to have arisen
under IRWD Act (section 3) It can be divided into two independent parts for clarity purpose in
understanding the techno-legal application of IRWD Act
Actions of a downstream state affecting the interest of an upstream state
A downstream state’s action can affect the upstream state interest only in one case. i.e. when a
downstream state is building a dam / barrage near its state boundary and submerging the territory
of an upstream state on permanent / temporary basis. Other than this action, no other action of a
downstream state could affect the upstream states interest which they have been using for
economical, ecological and spiritual/ religious aspects. The meaning of the word ‘interest’ in this
context is concern / importance / significance / relevance / consequence of losing the prevailing
water use or purpose.
Actions of an upstream state affecting the interest of a downstream state
Whereas all the actions of an upstream state to use or control or distribute the water of an
interstate river can affect the downstream states in one way or other. The following are some
examples but not complete:

1. Consuming river water for any beneficial use such as irrigation, drinking water,
industrial, recreation, recharging of ground water, ground water use, enhanced
 evaporation losses, enhancing rain water use efficiency, obstructing non flood flows of
the river, transferring water to outside the river basin, etc. (i.e. any man made /aided
action of converting water into water vapour & losing to atmosphere
by evapotranspiration / evaporation processes and also transferring river water outside
the river basin). This is generally done by constructing water storage reservoirs and
subsequently using water for above purposes.
2. Quality of water can also be diminished / altered/ controlled in the action of using water.
It would take place by accumulating the dissolved salts in the remaining water after its
use. The dissolved salts content of water increases due to its consumption and also
addition of more salts by anthropogenic activity. Also causing water more silt laden /
turbid is a man made water quality alteration which can be caused by mining and
deforestation activities. Bringing water from other river basins for upstream states use
also effects water quality in downstream states
Generally river water is transferred to water deficit areas for use after creating the infrastructure
for its storage (water reservoirs) and distribution network (canals, pipelines, ground water
charging, etc.). All these acts fall under river water distribution and control category under
IRWD Act. All the above actions of an upstream state are legal causes of water dispute to the
downstream states since their existing interests are affected as given below:

 Decrease in water availability:- When an upstream state contemplates water use, it would
block the lean season river flows initially by constructing low cost barrages and tries to store
the peak flood waters ultimately by constructing massive water storage reservoirs. In this
process the river flow regime is altered drastically converting it ephemeral / dry in most of
the time except during floods. It also alters the ecology of the river located in downstream
states affecting its riverine vegetation and aquatic flora & fauna. Already the delta area of
rivers are eroding / shrinking when adequate river water is not reaching sea. This process of
river water harnessing affects the downstream states interests as they are deprived of
constantly available river water which they had been using for their interests. Alternatively,
downstream state needs to store more flood water in reservoirs to cater to the existing water
use.
 Deterioration in water quality:- If the water use is 75% of the total available water in the
river, the dissolved salts concentration in the river water increases by four folds Alteration in
river water quality / alkalinity / salinity effects growth of traditionally cultivated crops as
they are not best suitable with the enhanced soil alkalinity and or soil salinity. They either
give lesser yield or consume more saline water for the same yield.  Also the aquatic flora &
fauna would face survival threat / diminished growth with the enhanced water salinity and or
alkalinity. If the river is blocked to reach the Sea (i.e. basin closure) in most of the years, the
ecology / fisheries of the surrounding Sea / river mouth area is also affected. Also there is
threat of Sea water ingress into estuaries / delta of the river contaminating ground water.
The use or control or distribution of river water in an upstream state is invariably denial of
prevailing use / purpose in the downstream state as it is altering natural flow regime of river
water with respect to quantity, quality and time of availability in downstream states. Also dam
failures in upstream states can create flash floods or further dam failures in downstream states
causing unprecedented property damage and loss of human lives. IRWD Act (section 3) clearly
stipulates that mere anticipation of a riparian state actions which can affect other riparian state
interests is enough to raise interstate water dispute.
The activities of an upstream state without effecting downstream states interests are peak flood
control measures by impounding the flood waters only (not base flows) in 100% or more
capacity storage reservoirs for use without effecting water quality appreciably and run off hydro
power generation taken up in its territory.

Constitution of Tribunal
Whenever the riparian states are not able to reach amicable agreements on their own in sharing
of an interstate river waters, section 4 of IRWD Act provides dispute resolution process in the
form of Tribunal. As per section 5.2 of the Act, the tribunal shall not only adjudicate but also
investigate the matters referred to it by the central government and forward a report setting out
the facts with its decisions. It implies that the tribunal responsibility is not limited
to adjudication of issues raised by the concerned states and also investigation of other aspects
which are in public domain such as water pollution, salt export requirement, water quality
deterioration, flood control, sustainability of river basin productivity & its ecology,
environmental flow requirements, climate change effects, etc. When the tribunal final verdict
issued based on the deliberations on the draft verdict is accepted by the central government and
notified in the official gazette, the verdict becomes law and binding on the states for
implementation. When pronounced in the ambit of IRWD Act, the tribunal’s verdict after its
publication in the official gazette is equivalent to Supreme Court verdict as per section 6 of
IRWD Act. In case the constitutional rights of states are ingressed upon by the tribunal award in
any manner, central government, for extending purview of its enactment to implement the
tribunal order, is obliged to take the consent of all riparian states under Article 252 of the
constitution before publishing the tribunal awards in the official gazette.

Amendment 2002
This amendment specifically does not permit altering the prevailing tribunal verdicts issued
before the year 2002 (i.e. but not the tribunal awards issued after the year 2002). Thus this
amendment bars the tribunals to give any time period/validity for constituting a new tribunal.
This is to keep provision to resolve fresh water disputes which were not addressed by earlier
tribunals/ agreements as and when they surface.

Amendment bill 2017

A permanent water dispute tribunal with its members from sitting judges of Supreme Court or
High courts, is proposed to resolve the growing number of interstate river water disputes
expeditiously.
CHAPTER 3
WATER SHARING RULES
By setting the guidelines for how water is dispensed for the following 10 years, a water sharing
arrangement gives a time of security to nature and water clients. This not just guarantees that
water is particularly accommodated nature through a legitimately restricting arrangement, yet in
addition permits permit holders, for example, irrigators who require genuinely vast volumes of
water, to design their business exercises. Water system represents around 80 for every penny of
all water utilized as a part of New South Wales.

In inland NSW, all current water sharing designs should be reconsidered and consistent with the
necessities of the Commonwealth's Basin Plan by 2019. They will shape a segment of the
required water asset designs..

Water sharing designs set guidelines for water exchanging, that is, the purchasing and offering of
water licenses and furthermore yearly water designations. For most new advertisement purposes
water exchanging remains the essential way that water would now be able to be acquired, as in
many regions of the express the accessible water is completely designated.

The motivation behind a water sharing arrangement is to:

• provide water clients with an unmistakable picture of when and how water will be
accessible for extraction

• protect the crucial ecological strength of the water source

• ensure the water source is manageable in the long haul.

Major elements of a water sharing plan

A water sharing plan:

 provides water for the environment by protecting a proportion of the water available for
fundamental ecosystem health and/or including specific environmental rules – this is called
planned environmental water
 allows licensed water to be committed for environmental purposes – this is called
adaptive environmental water which can arise from water recovery projects or by buying
water licences
 protects the water required to meet basic landholder rights
 sets annual limits on water extractions to ensure that water extractions do not increase
and therefore erode the water for the environment and also the security of supply to water
users
 determines what type of additional licences can be granted such as local water utility
access licences (for town water supplies) and Aboriginal cultural access licences
  determines how water is to be shared among the different types of licensed users by
setting the priorities of supply. For example in dry periods water for domestic purposes has
priority over commercial uses
 provides flexibility for licence holders in the way they can manage their water accounts
through aspects such as the ability to carry-over some unused account water or through
group rostering
 specifies rules in groundwater plans to minimise impacts on other groundwater users,
dependent ecosystems, water quality and the stability of the aquifer
 specifies the rules for water trading (or water dealings)
 sets out the mandatory conditions that apply to licence holders
 specifies which parts of the plan can be changed without triggering the compensation
provisions of the Act
 sets out the monitoring and reporting requirements, including indicators against which the
performance of the plans is to be monitored. The Natural Resources Commission is to
review the water sharing plans.

How are water users affected?

Water sharing plans set rules for sharing water between water users and the environment and
bring water users into a single licensing system managed under the Water Management Act
2000.
The plans clearly define shares in the available water for licence holders. They also provide
irrigators and farmers with continuing or 'perpetual' licences, which have a title separate from
the land, enabling better water trading opportunities.

Water sharing plans support the long-term health of rivers and aquifers by making water
available specifically for the environment.

Commercial water use

Water taken for commercial use must be licensed. Commercial use includes irrigation,
mining, manufacturing, power generation, snow making, dairies, intensive animal
production, tourism facilities and aquaculture.

In general, commercial licences under the Water Management Act are granted in perpetuity.
The plans also define the rules for access to water by commercial users for 10 years. This
supports greater business certainty and assists commercial licence holders in planning for the
future.

The plans also strengthen water trading, which allows users to purchase water from licensed
users who are not extracting their full entitlement or to sell the licensed water that is surplus
to their needs. Water trading may also allow new industries to develop in areas where it was
previously restricted and new licences were embargoed.
All plans specify rules for when a river has very low flows. These rules tell you when
pumping is not permitted. Some unregulated river plans also specify daily limits on how
much water can be taken during different flow levels. These rules create equity for licensed
water users when they take water, while still protecting environmental flows in rivers.

If you currently take water from a licensed dam that is not on a river these pumping
conditions will not apply to you, but other parts of the plans will. Similarly, the flow sharing
rules in a plan will not apply to dams constructed as part of your harvestable right.

There is an exception to the ban on pumping when river flows are very low for existing
licence holders who need water for animal health and hygiene such as for washing a dairy
after milking or cooling chicken sheds. The plans list those licence holders granted this
exemption.

Water for the environment

Under the plans, water must be reserved for the fundamental  health of a river or aquifer and
the ecosystems that depend on it, such as wetlands and floodplains.

The current level of demand on a river or aquifer and its environmental, social and economic
values assist in determining the environmental flow rules in a plan. All plans include water
sharing rules which set an annual limit on extractions.

The water sharing plans for unregulated rivers include rules that:

 require a visible flow at licensed pump sites or other locations before water users can
extract water – a minimum level of environmental protection that will apply to all plans
 introduce a 'cease to pump' condition when river flows drop below a specified level – all
plans will include 'cease to pump' conditions for licensed users
 set daily limits on extraction for different flows (low, medium and high flows) – where
there are a high number of extractors or there is a high level of environmental protection
required
 recognise that some alluvial aquifers are highly connected to their parent streams, and in
these circumstances, the goal of water sharing rules is to manage the surface water and
highly connected groundwater as one resource.

In the regulated rivers, rules can vary from water set aside in environmental accounts to
releases of various portions of dam inflows.

Groundwater may contribute to ecosystems such as wetlands, springs, caves, terrestrial

vegetation and coastal sand dune systems and provide important base flows to rivers and
tidal creeks. Water sharing rules to protect ecosystems that depend on groundwater will
include an overall annual limit on extractions.
The groundwater plans include rules that:

 reserve the storage component of the aquifer

 protect a proportion of the natural recharge – that is, the volume of water added to a
groundwater system naturally, usually by infiltration from rainfall and river flows
 refine recharge estimates and, if necessary, reduce entitlements in those systems that are
over-allocated
 set distance limits between any new bores and groundwater dependent ecosystems.

Basic landholder rights and licensed domestic and stock use

If your rural property fronts a river or overlies a groundwater aquifer, you are entitled to
pump water to meet your reasonable domestic and stock requirements without a licence as
part of your basic landholder right. For groundwater, however, you will still need works
approved for the bore.

Where established under Commonwealth law, native title rights to water are also protected
by the plans. The water sharing plans protect these rights by allowing you to continue to take
water even when licensed users must cease to pump.

However, in very dry times, restrictions may be imposed on the amount of water that can be
taken, recognising the impacts of extraction on the environment and other users. These
restrictions are described in the Water Management Act 2000 and are not generally defined in
the plans.
If you take water from a farm dam according to your harvestable right, your access is not
affected by the rules in a water sharing plan.

Access to a reasonable supply of water for licensed domestic and stock use has a higher
priority than any other licence type. Water sharing plans recognise this priority by ensuring
that a full share of water is allocated for domestic and stock use, except where exceptional
drought conditions prevent this. In an unregulated river system, access may still be limited by
the daily variations in river flow. When a river has very low flows, pumping by licensed
domestic and stock users may be reduced or not permitted. These rules will be specified in
each water sharing plan.

Town water supplies

Towns have a higher priority for access to water than commercial licences. Water sharing
plans recognise this priority by ensuring that a full share of water is allocated for annual town
water supplies, except where exceptional drought conditions prevent this.

The annual share for every town water supply is specified on the town's licence. This share is
based on either existing volumes or an assessment of reasonable use. Towns are permitted to
sell part of their annual account water to other towns but, unlike commercial users, are not
able to sell their licence outright. Towns will not need to change their existing licensing
arrangements unless their current infrastructure (e.g. a dam) is unable to meet their water
needs and requires upgrading. In this case, town water utilities will need to meet conditions
specified in the plans to ensure that there is enough water flowing to protect the environment.
They will also need to demonstrate that the Best Practice Management of Water Supply and
Sewerage Guidelines  are being implemented.

Water for Aboriginal communities

All water sharing plans recognise the importance of rivers and groundwater for Aboriginal
people. All plans will allow Aboriginal communities to apply for a water access licence for
drinking, food preparation, washing and watering domestic gardens, as well as for Aboriginal
cultural uses such as manufacturing traditional artefacts, hunting, fishing, gathering,
recreation, and ceremonial purposes. A licence may be granted as long as the uses are not
associated with commercial activities.

Some plans for coastal rivers and groundwater systems may also allow applications for
licences for Aboriginal community development purposes.

The NSW Government works closely with Aboriginal communities to develop water sharing
plans. Aboriginal people have a spiritual, customary and economic relationship with land and
water that provide important insight into 'best practice' for natural resource management

Basic water rights

There are three types of basic landholder rights in NSW under the Water Management Act
2000:

 Domestic and stock rights

Owners or occupiers of land which is overlaying an aquifer or has river, estuary or lake
frontage can take water without a licence for domestic (household) purposes or to water
stock.
 Native title rights
Anyone who holds native title with respect to water, as determined under
the Commonwealth Native Title Act 1993, can take and use water for a range of personal,
domestic and non-commercial purposes.
 Harvestable rights – dams
Harvestable right water allows landholders in most rural areas to collect a proportion of the
runoff on their property and store it in one or more farm dams up to a certain size.
CHAPTER 4
WATER SHARING PLANS

To preserve water resources in river and groundwater systems for the long term it is critical
to balance the needs of water users and the environment.
Water sharing plans establish rules for sharing water between different types of water use
such as town supply, rural domestic supply, stock watering, industry and irrigation and
ensures that water is provided for the health of the system.

Water sharing plans have been developed for rivers and groundwater systems across New
South Wales following the introduction of the Water Management Act 2000.
These plans provide water users with perpetual access licences, equitable conditions, and
increased opportunities to trade water through separation of land and water.

Water sharing plans have a term of ten years. Prior to expiry of the ten year term of a water
sharing plan, the plan is reviewed to determine whether it should be extended or replaced.

Extension refers to the extension of a plan for a further 10 years without change.
Replacement is where changes to the existing plan are proposed.

In the inland region of NSW, most water sources will also be subject to the requirements of
the Commonwealth’s Basin Plan

Replacement, merged and new water sharing plans commenced 1 July

2016
A number water sharing plans were replaced, merged or newly created on 1 July 2016
Replacement, merged and new water sharing plans commenced 1 July 2016

Small Font Big Font

On 1 July 2016 all initial water sharing plans that commenced in 2004 were replaced and, in
addition, a number of new coastal plans commenced. These plans are listed below, for a copy of
and information on a plan click on its name below.

New plans
New water sharing plans have been created for areas that have not previously been covered by a
water sharing plan:

1).Clyde River Unregulated and Alluvial

2).Deua River Unregulated and Alluvial

3).Snowy Genoa Unregulated and Alluvial

4).South Coast Groundwater

Replacement only
Plans that commenced in 2004 that have been replaced:

Gwydir Regulated

1).Upper Namoi and Lower Namoi Regulated River

2).Macquarie Regulated

3).Lachlan Regulated

4).Murrumbidgee Regulated

Why make new water sharing plans?

Water sharing plans are statutory plans that establish rules for sharing water between water users
and the environmental needs of the river or aquifer. They set out the rules for access for different
types of water use such as town supply, rural domestic supply, stock watering, and industry and
ensure a proportion of the water is set aside for the fundamental health of the water source and
water dependant eco-systems. They protect water users’ rights and access to water and establish
water trading rules.

Since the commencement of the Water Management Act 2000, over 80 water sharing plans have
been progressively developed across New South Wales. The ten new coastal water sharing plans
commencing 1 July 2016 almost complete the coverage for the entire State. The only remaining
plans to be made are for the Hastings and Nambucca unregulated rivers and alluvial systems and
these are expected to commence later in 2016.
Why make replacement plans?
NSW water sharing plans are valid for 10 years from their commencement date. At the end of the
ten year term the plans must be extended or replaced.

The first 31 plans developed for NSW commenced in 2004 and therefore were due to be
replaced. A temporary extension of these plans was approved until July 2016.

The seven major regulated rivers system plans have been revised and replaced. However, as
some of the initial 2014 plans only covered small catchments or groundwater systems, in
replacing these plans the opportunity was taken to merge those smaller plans into larger regional
plans, either into existing plans, or new plans that also commenced on 1 July 2016. This allows a
single plan for a region covering common water sources.

Of the 31 water sharing plans that commenced in 2004:

7 of the plans – those covering regulated river - are replaced with minor changes.

10 of the smaller coastal plans are merged into 6 new larger coastal plans.

6 of the smaller coastal plans are merged into 5 larger existing coastal plans.

8 of the smaller inland plans are merged into 6 larger existing inland plans.

What consultation occurred for the coastal plans?

Consultation for the development and replacement of the coastal plans was tailored to the needs
of the stakeholders. Consultation undertaken included:

Broad scale mailouts to all licence holders and stakeholders in the replacement plan areas
requesting submissions on the performance of the plans.

Targeted consultation with individuals or groups who may be affected by changes to a plan that
was being replaced, or the commencement of a new plan.

Formal public exhibition of some replacement plans, and all new plans.

What changes have occurred for the coastal plans that have been
replaced?
The changes in the coastal replacement water sharing plans cover generic changes such as:

correcting errors or omissions in the original plan

removing redundant amendment provisions and simplifying others

minor amendments to reflect current legislative plan template provisions

Additionally, other changes have been made in consultation with

stakeholders to:
incorporate new information which has become available since the commencement of the 2004
plans

improve operational efficiencies

improve ease of implementation of the rules

improve consistency across plans

apply updated policy

What consultation occurred for the inland plans?

Consultation for the replacement of the inland plans was tailored to the needs of the stakeholders
across the plan areas. Consultation undertaken included:

Broad scale mailouts to all licence holders and stakeholders in the replacement plan areas
requesting submissions on whether the plans should be extended or replaced.

Targeted consultation with individuals or groups who may be affected by changes to a plan being
replaced.

What changes have occurred for the inland plans that have been
replaced?
The changes in the inland replacement water sharing plans were generally limited to:

correcting errors or omissions in the original plan

removing redundant amendment provisions and simplifying others

minor amendments to update provisions

clarification of the wording or specifics of some provisions to improve implementation.

Following stakeholder consultation, changes were made to some of the rules in the Gwydir
Regulated River and the Lower and Namoi Regulated River water sharing plans by way of
amendments that were published in the New South Wales Government Gazette in 2014 and 2015
respectively. As a result, only administrative changes were made to these plans and the
Macquarie and Cudgegong Regulated River Water Sharing Plan. These administrative changes
allowed for the commencement of the replacement plans, which took effect on 1 July 2016

Further review of the plan rules for the inland water sharing plans will be undertaken as part of
the development of the water resource plans under the Commonwealth Basin Plan.

Why did it take so long to replace the plans?

There have been delays in the finalisation of the replacement plans, and this has led to some
frustration among stakeholders. The delays were the result of:

a requirement to revisit priorities and planning tasks;

scale and complexity of issues to be addressed;

preparation of updates to water models; and

for inland plans, the need to consider the implications of the Commonwealth's Basin Plan 2012
on the replacement process.

Next steps
All water licence holders affected by these plans will shortly receive information on what the
plans means for their water access.

Will there be consultation for the water resource plans?

The Commonwealth’s Water Act 2007 requires that all Basin water resources to be covered by
water resource plans by July 2019. The water resource plans will ensure that the sustainable
diversion limits are implemented. In the interim, any State plans (existing or replaced) must not
reduce the existing volume of water made available for the environment.

Water resource plans will comprise a number of elements, including the water sharing plans
covering the area of the water resource plan.

DPI Water will be undertaking extensive consultation with industry and key stakeholders in the
development of water resource plans

DPI Water is aware that there are a number of rule changes and issues that stakeholder groups
are still wanting to be resolved for the inland water sharing plans, and they will be assessed as
part of the development of the water resource plan.
Stakeholder Advisory Panels have been already been established in the Lachlan, Gwydir and
Macquarie surface water areas for water resource planning. Further panels are to follow.

The aim is to have the first of the water resource plans completed in 2017. Water resource plans
will require accreditation by the Commonwealth Minister for the Environment.
CHAPTER 5
RIVER WATER SHARING SOLUTIONS AND FUTURE
As today all the humans are fighting for even the small issue and this is water which is going to
be of million dollor worth in the coming future and for this water the fights will continue as those
who have water will not be ready to give it to any one or don’t want to share but the government
will enact the laws but what if the states do not want to share the water because water cannot be
stooped from being flowed as it start from high altitude and flow to lower altitude and finally
merge into the oceans.

It is not only the supreme court who will guide us for every thing we do like what all is hapeenig
in the states of Haryana and Punjab the Punjab government is not following the rules of the
supreme court but the court cannot do any thing as they cannot stop the water water will make
its way from place to place.

So acc to me it should be the people of india who should think of each other while tackling with
water as it is going to be beneficial for our county only at last.

In future there will be many plans regarding the water sharing problem as today in india some of
the parts are flooded and some of the areas get dry and people do not even get enough water to
drink.

So connection of water by making canals, small stream’s will be one of the great idea as it is
cheaper abd also will provide employment to the unemployed youth of india.