Transcript Tongariro/Turangi Community Meeting

Environmental Performance
Committee
12 March 2014
Apologies
Confirmation of Agenda

THAT the agenda of the Environmental
Performance Committee of 12 March
2014 as circulated be confirmed as the
business for the meeting.
Disclosures of Interest
Resolution to Exclude the Public

Recommended that in accordance with the
provisions of Standing Orders NZS 9202:2003
Incorporating Amendment No 1, Appendix
A&B (p40/42) and Section 48 of the Local
Government Official Information and Meetings
Act 1987, the public be excluded from the
following part/s of the meeting.
Consent, Incident Response and
Enforcement Statistics
Recommendation

That the report “Consent, Incident
Response and Enforcement Statistics” (Doc #
2964693 dated 24 February 2014) be received for
information.
Background to Water Allocation in the
Waikato Region
Edmund Brown
Issues pre V6

50% of NZ’s peak electricity produced in Waikato –
direct line to Auckland. Conflict between demand for
irrigation and hydro and little guidance for decision
makers

Auckland's future water source. Some town supplies
have been at risk of losing their allocation on the first
in first served basis

Importance for dairying and horticulture

Many of the shed wash and stock water takes have not been
properly managed and consented where necessary
Issues pre V6 con’t

Many catchments reaching allocation limits but little
guidance on how consents should be processed

No water shortage provisions

Limited criteria on water use efficiency

No ability to prioritise applications for the same
resource

Poor understanding of water use due to limited
recording of meter readings

No accounting of net-take

No government guidance, NPS, NES etc
V6 development process

Discussion document to the public 2004

V6 Notified 20 October 2006

Council Hearings Committee


37 appeals to Environment Court



Decision released November 2008 – In use since this time
9 weeks hearing time - February to August 2011
Environment Court’s decision released 30 Nov 2011
No High Court appeals – Operative 10 April 2012
National Guidance

NPS – Freshwater Management
Safeguard life supporting capacity
 Avoid & phase out over allocation
 Improve & maximise efficiency of allocation & use of
water


NZ Energy Strategy


90% NZ’s electricity generated from renewable sources
by 2025
NPS – Renewable Electricity Generation
National Guidance cont’d

Vision and Strategy for the Waikato River




Establishes co-management of Waikato River (whole catchment)
Addresses health and wellbeing of river
Primary direction setting document for the River and its catchment
Unique to this Region (at this stage)

Water measuring and reporting regulations

Hauraki Gulf Marine Park Act

Applies to Waihou, Piako and Coromandel Catchments
V6 Objectives - Operative

Giving effect to the Vision and Strategy to restore and
protect the health and wellbeing of the Waikato River

Availability of water for reasonably justified domestic or
municipal supply

The efficient allocation and use of water

Protection of water used for the generation of electricity
from renewable energy resources

Protection of Huntly Power Station

Importance of existing takes to social and economic
wellbeing
V6 Objectives cont’d

Sufficient water is retained to safeguard the life supporting
capacity of the water bodies

Allocation decisions need to avoid further degradation of
water quality

Sets allocation limits and minimum flows

Protects aquatic life while providing for human use

Some protection of existing users, e.g. electricity
generation, agriculture, domestic, industrial takes

Provides for transfer of water permits

Rules for the use of water – including efficiency
Surface Water Allocation Limits

limits set for every catchment in one table in V6



Default allocations applied where no specifically
assessed primary allocable flow set
•
•

Primary allocable flow – high reliability
Secondary allocable flow – lower reliability
Allows allocation without investigating in stream needs
Range of statistics used by different councils – WRC uses Q5
Information on flows available on Council’s
website

Level of cumulative allocation triggers different consent status
SW allocation regime
Amount of the
Primary
Allocable Flow
allocated
Ground water, 464,950 m3/d
Agriculture, 81468 m 3/d, 17%
Industry, 196577 m 3/d, 42%
Domestic & Municipal Water
Supply, 72172 m3/d, 16%
Freshwater Use
In The Waikato
Other, 398 m3/d, 0%
Recreation, 7585 m 3/d, 2%
Horticulture/market
gardening, 106753 m 3/d, 23%
Surface water, 1,739,800 m3/d
Changing with time
Industry, 369060 m3/d, 21%
Other, 18455
m3/d,
Agriculture, 648250 m3/d,
37%
1%
Recreation, 143285 m3/d, 1%
Horticulture/market
gardening, 100670 m3/d, 6%
Domestic & Municipal Water
Supply, 589055 m3/d, 34%
Irrigation demand
Management Tools: Surface Water Take
Council Process
Council process for setting minimum and
allocable flows
Policy 7: How surface
takes will be Classified
in catchments above
Table 3-5 limits
Secondary
Allocable flow
0-30% Q5
Primary Allocable
flow 0-30% Q5
Policy 8: How surface
takes will be Classified
in catchments within
Table 3-5 limits
Policy 9: How Surface
Water Takes will be
Classified – Takes for
Domestic and Municipal
Minimum Flow
% Q5
Limits as listed in Table 3-5
Policy 19: Phasing out Exceedences of the Table 3-5 Allocable Flows
Consent
Application
Assessment
Criteria
Policy 11: Consent
Application
Assessment Criteria –
Surface water
Policy 20: Surface
Water Harvesting
Combination cannot
exceed 30% of Q5
Increasing flow
Policy 2: Determining
the Level of Minimum
Flows, Primary,
Secondary and Water
Harvesting Allocable
Flows
Determination of activity
status for consents dependent on allocation level
Water harvesting
when flow
exceeds median
flow
Policy 1: Establish
Allocable and
Minimum flows for
Surface Water
Consent Process
Policy 3:
Determining
the Combined
Level of
Surface Water
Allocation
Within a
Catchment
Policy 13 : Noncomplying Activities
within the Waikato
River Catchment
above Huntly and
Karapiro.
Policy 14: Noncomplying Activities
outside Waikato River
Catchment and below
Huntly with the
Waikato River
Catchment
Condition for
consents
Policy 15: Consent
Duration for the
Taking of Water
Policy 16: Water Take
Recording and
Reporting
Policy 17: Water
Shortage Conditions
Policy 18: Levels of
Priority to Apply
During Water
Shortages
Policy 21: Shared Use
and Management of
Water
Management Tools: Groundwater Take
Council Process
Council process for setting
Management Level and
Sustainable Yields
Determination of activity status
for consents - dependent on
allocation level
Consent Process
Consent Application
Assessment Criteria
Condition for
consents
Policy 15: Consent
Duration for the Taking of
Water
Policy 16: Water Take
Recording and Reporting
Policy 4: Establish Sustainable Yields
from Groundwater
Policy 10: How Groundwater Takes
will be Classified
Policy 5: Determining Sustainable Yields
Policy 12: Consent
Application Assessment
Criteria – Groundwater
Policy 17: Water
Shortage Conditions
Policy 18: Levels of
Priority to Apply During
Water Shortages
Policy 21: Shared Use
and Management of
Water
Implementation

Ensure only the water needed is allocated
– irrigation
demand guidelines / metering

Develop water shortage restriction mechanisms –
review of hydrology network

Assess Council’s role in managing transfers

Set and review flow limits for surface waters

Set initial sustainable yields for aquifers
Tools: Water Allocation Calculator
Tools: Being within limits by 2030
Jane McMullan
Tools: Monitoring
water use
(Pressure Analysis)
Summary:

Operative since April 2012 but much of it in use
since 2006.

Very detailed and is leading water allocation in NZ

Two broad strings to Variation 6:



Managing the physical needs of the environment e.g. Managing
impacts on fish and water quality from allocation decisions
Enabling and managing the allocation of water
Main council projects linked to water allocation:

Water Allocation Plan Implementation – D1003

Pressure Analysis project – S1003
Recommendation

That the report “Background to water
allocation in the Waikato Region” (Doc #
2151161 dated 25 February 2014) be received for
information.
Update on Consents and Monitoring
Activity under Variation 6
Variation 6

V6 has provided substantive policy guidance
and rule framework for water take and use
consent processes since 2006
•
Oct 2006
Oct 2008
Aug 2011
•
Nov 2011
•
March 2012
•
•
Notified version
Hearings committee report version
End of Environment Court Hearings
version
Version incorporating Environment
Court decision
Adoption, is now Chap 3.3 Water
Allocation and Chap 3.4 Efficient
Use of the WRP
Summary of current allocation

>1300 consented water takes across region
(February 2014)
≈ 570 surface water
 ≈ 761 groundwater

≈ 1.64 million m³/day
≈ 472,000 m³/day

These consents contain terms and conditions
derived from pre-V6 era through all its versions

Increasing complexity over that time

Many consents based on former more generous
allocation regime, no allied use consent or
conditions relating to efficient use
Consent process activity

149 take applications received 2010/2011

213 take applications received 2011/March 2012

> 1450 applications February 2014
(Majority of these for dairy shed use, but still a
very significant number for extensive range of
other end uses)
Some influences of Variation 6 on consent process

Surface water allocation supported by allocation calculator
updated from consents database, can incorporate
permitted and s14(3)(b) takes
 Systematically used for every application
 Existing allocation plus application quantum determines
consent activity status (i.e. Controlled, Restricted,
Discretionary or Non-Complying)
 Allocation determined at point of take, and all
downstream catchment locations
 Most onerous activity throughout catchment applies
 Can only be determined at processing, as allocation is
dynamic (expiries, new consents both surface and
groundwater, other authorised uses)
 Allocation varies, greater summer than winter demand
Influences of Variation 6 on consent
process (continued)

Water shortage conditions apply to all surface
water take consents, may require reduction or
cessation of take, or both

Interconnectivity of surface and groundwater
requires close consideration (and application of
the separate assessment and management
criteria of both if applicable)

Some parts of region require use consent
(monthly and annual water balance). Permitted
activity elsewhere
Influences of Variation 6 on consent
process (continued)


RMA ‘adverse effect’ codified; adverse
environmental effect >minor if allocable
flow exceeded/minimum flow impinged
(irrespective of quantum/rate sought)
Requires definition for notification purposes
within 5 working days; a complete
process/work flow required, involving
different council functions and roles
Some influences of Variation 6 on
monitoring

Conditions now more complex, costly, extensive for consent
holder and Council:
• Continuous recording of take rate and volume
• Electronic facility or requirement for recording and reporting
• Continuous monitoring and measurement of source water at
point of take (or water level monitoring for groundwater
takes)
• Daily reporting, including days when no water taken
• Measuring system/device independently calibrated,
minimum 5-yearly interval
• Cease take, or take throttling, provisions, may include both
of these (water shortage conditions, may be based on >1
flow site)
• Telemetry, web access, links to Council’s hydrological
facilities, >120 sites now on telemetry
Allocation status

Some catchments over allocated e.g. Piako, Pukekohe
streams

Primary allocation gone in some catchments e.g. Waihou

All allocation gone in parts of some catchments e.g.
Upstream of Huka Falls

Waikato catchment upstream of Karapiro is over
subscribed i.e. demand from existing consents plus new
applications, if granted, would exceed the allocable flow;
this situation has existed since 2006, bar a few days in Dec
2011 when Environment Court Decision increased primary
allocable flow of the Waikato upstream of Karapiro from
3.6% Q5 (5.328m³/s) to 5% (7.4m³/s)
Resource priority

Where demand exceeds supply of a finite resource,
applications require to be processed in order of
receipt i.e. first in-first served. This has been the
case upstream of Karapiro since 2006

Each application therefore requires separate and
sequential processing to completion

Indefinite time for each process, as each subject to
objections and appeals provisions (in addition to
other processing events)

History of s357 RMA and Environment Court appeals
suggests there may likely be more of same
Watercare application

Watercare Services Ltd application lodged
December 2013, 200,000m³/day (150,000
existing)

Total 350,000 = 4.05 m³/s

Allocable flow = 18.81 m³/s

Preceding applications if granted plus WSL if
granted would exceed allocable flows of the full
catchment (10% Q5, or 18.81 m³/s)
Watercare application (continued)

Domestic and municipal supply do not get priority
in queue but do have more favourable
Discretionary activity status if have complying
water Demand Management Plan

First in first served queue extends to whole
Waikato Catchment (as for Piako, Pukekohe
Streams and u/s Karapiro)
Implications of over allocation

Non-Complying activity status for most activities,
domestic and stock drinking water require resource
consent

Enhanced demand for transfer consents

Phase out by 2030 under NPSFW and Regional Plan

Via ‘passive’ means e.g. encourage harvest, voluntary
reduction, catchment groups

Via regulatory means e.g. condition review, rostering,
decline application

Review allocable flows via Plan Change
(Sched 1 process)
Annual growth in land area consented* for
irrigation in the Waikato Region
Recommendation

That the report “An update on consents and
monitoring activity under Variation 6” (Doc #
2976064 dated 17 February 2014) be received for
information.
Update on Farm Dairy Water
Consenting under Variation 6
Background



Variation 6 process identified few existing dairy
farmers held consent or aware of requirements
EC decision included rules to “grandparent” dairy
shed water takes existing prior to October 2008
Two specific and preferential rules require:
Application before 1 January 2015 for many
 Volume of water taken prior to October 2008 (cow
numbers surrogate)
 Exclusion of stock and riparian enhancement
 Leak detection mechanisms

Background

“Grandparenting” rules do not relate to:
Increased water needs from herd increase after
15 October 2008
 New Conversions water needs after 15 October
2008
 Future increased water needs
 Other water use on farm (feedpad, irrigation etc)


These takes governed by same rules
for all other water users
Background

Approx 2600 farms estimated to require
consent

Close liaison with Dairy Sector Partners

Dairy shed water take project set up to:
Raise awareness of need for consent
 Promote and manage receipt of applications
 Process applications within Statutory
Requirements
 Develop Compliance Monitoring Strategy

Catchment Group Processing

Promote staggered receipt of processing in
catchment groups

Efficient processing, therefore reducing cost

Seven catchments in total

Catchment closing dates have passed for
five

Upper Waikato and Piako catchments close
this year
Summary of Applications
Catchment
Est. # dairy
farms
# applications
at 14 Feb
% applications
at 14 Feb
Waihou
400
268
67%
Lower Waikato &
West Coast
525
331
63%
Coromandel
30
180
24
143
80%
79%
Lower Waipa &
Raglan
435
300
69%
Upper Waikato
515
480
194
138
38%
29%
2565
1398
55%
Upper Waipa &
King Country
Piako &
Waitakaruru
Total
Processing of Consents

~200 groundwater consents in Waihou Catchment



Cost $829.50 + GST
Consent valid for 15 years
Under estimated $1000 and significantly less than $1500 - $3000
historically case for similar applications

Anticipate future catchment group processing costs similar

Other catchment groups being processed





Expected to have completed more groups by this time
Intent of rules simple, complexity in implementation
Significant time spent interacting with farmers
This year expect to complete processing significant number
A number of individual applications received
Future Catchments

Upper Waikato Catchment closing date 31
March 2014
Council run drop in days in Reporoa, Putaruru,
Atiamuri
 Letter sent to all landowners in catchment


Piako & Waitakaruru Catchment closing date
31 July 2014
Will run drop in days in Piako Catchment
 A letter will inform landowners


Reminder communications to all catchments

From July 2014
Industry relationships

Dairy sector active in raising awareness

Running own strategies
Discussing with or involving Council staff
 Ensuring consistent messaging


Important link with conversion/increased farmers

Remains a key component in implementing these
rules

Collaborative approach very successful

Forum for strengthening relationships
Summary

~2600 dairy farms require consent

Grandparenting rules in V6 for dairy shed water

Does not include post 2008 increase or conversions

Applications to be made before 1 January 2015

Catchment group process resulting in significant
cost saving

Ongoing collaboration with dairy sector partners
remains key to ensuring a high rate of applications
prior to 1 January 2015
Recommendation

That the report “An update on farm dairy
water consenting under Variation 6” (Doc #
2974421 dated 24 February 2014) be received for
information.