Hopes of NSW irrigators getting access to environmental water have been dashed by a senior academic, who says it's prohibited under the Water Act.
NSW Deputy Premier John Barilaro was backed by the state's Water Minister Melinda Pavey in arguing environmental water, held by the Commonwealth, should be used for food production.
The Commonwealth Environmental Water Holder has a portfolio of entitlements it's built up since 2013.
Ms Pavey said NSW had far more experience, in recent times than its southern Basin neighbours, in dealing with extreme droughts and record low inflows.
" Under extreme water shortage conditions, as we have already experienced across large parts of northern inland NSW in recent years, the government has implemented its Extreme Events Policy, and introduced drought contingency measures to protect critical water supplies," Ms Pavey said.
"Structural measures and non-structural options have been implemented to protect critical supplies and mitigate the impacts of severe water shortages.
"It is with this wealth of experience in dealing with extreme droughts that we have gone to the Commonwealth asking them to use water Australians already own to provide a social and economic stimulus to communities who are facing the prospect of a third year without water allocations. "
Water carryover
She said the Commonwealth was planning to hold enough carryover water, at the start of the next water year, to be able to provide a large economic stimulus that would also underwrite Australia's food security.
She ruled out suspending NSW's water sharing plans or making an allocation from its reserves.
"NSW responsibly, through its water-sharing plan, ensures there is enough water for high priority needs, that is towns, domestic, stock and high-security licences, for next year before allocating water to general security licences this year."
NSW had set-aside 285 gigalitres for next year's high priority commitments in case conditions were extremely dry in coming months.
"Re-assigning this puts at risk entitlements held by higher priority water users, including towns and stock and domestic supply," Ms Pavey said.
"There is water currently held on NSW water accounts; however, this water is not all owned by NSW farmers in hard-hit communities like Deniliquin.
"The South Australian Water Corporation which provides Adelaide with its water owns High-Security entitlements in the NSW Murray.
"Trade rules also allow South Australian and Victoria water users to 'park' water on the State'swater accounts.
"For example, the Commonwealth Einvironmental Water Holder trades water from different state-based water accounts regularly."
Suspending Water Sharing Plans was a last resort, and it would be extremely rare that a state in isolation would suspend its water sharing plans in the Southern Connected Murray-Darling Basin.
"While NSW has already had to suspend a number of water sharing plans in the north, it is an absolute last resort to ensure the survival of our communities," she said.
"The Commonwealth is in a position to lend a hand to our communities and give them a future while putting food on our table."
Read more:
No change
Melbourne University Centre for Resources, Energy and Environment Law senior fellow Erin O'Donnell said the Water Act was quite clear about the limits on how environmental water could be used.
Current legislation did not allow for the use of environmental water for non-environmental purposes.
While the Commonwealth Environmental Water Holder was allowed to sell water, the money raised had to be used for specific purposes.
"I think they would need to be able to demonstrate that having that money would be better than keeping the water, and that would be an extremely difficult proposition to prove that, right now," she said.
She said vital irrigator groups had also opposed the plan, seeing a threat to one group's water rights and integrity was a threat to everyone's rights.
"If I were an irrigator, would be miffed that my political representatives were choosing to focus on something that was not a pathway to easing water security," she said.
"This is another attempt by NSW to paint this issue as a federal policy question, rather than looking at their own water allocation arrangements."
Periodical calls for the release of environmental water were "a favourite of National Party politicians," Professor O'Donnell said.
The drought had not broken, and there were parts of the Murray-Darling Basin which had not received decent rain.
"This has been an extraordinary drought, in that an El Nino has not accompanied it," she said.
Professor O'Donnell said she was also nervous about the upcoming forecasts.
"The writing is on the wall, for some serious adjustments to the Basin Plan."
She said she was also concerned about connecting water shortages in the southern Murray-Basin Darling to food security.
"Australia is absolutely not facing a food shortage; any attempt to paint this as a critical human need for water is an example of really grubby politics," she said.
"I love rice, but being short of one crop does not a food shortage make."
A spokesman for Water Minister Keith Pitt said any change to the plan would require agreement from all Basin states and territories first.
He said the Minister had also ruled out bringing the next MinCo meeting forward.
"There is no date set and an early meeting would have be something all state/ territory ministers agreed to," the spokesman said.
"Given a number of report findings due in next couple of months he(Mr Pitt) has indicated an early meeting via teleconference or videoconference could be held.
" But all of them would have to ask that it be brought forward and that hasn't occurred."
Mr Pitt said he had received a letter from Mr Barilaro and Ms Pavey suggesting a Ministerial Council Meeting of Basin States be held within 30 days.
"Given current COVID-19 restrictions on travel and face-to-face meetings, my phone is always open to calls from state water ministers and I have had several conversations with state counterparts on the Murray Darling Basin, since I moved into the portfolio.
"Working together and constructively will achieve the best outcomes for all Murray Darling Basin farmers who've been hit by reduced state allocations as a severe drought continues."
Start the day with all the big news in agriculture! Click here to sign up to receive our daily Stock & Land.
Andrew Miller
I'm a general reporter with Stock & Land, with a special interest in irrigation issues. I completed my cadetship, with the Age, in 1980. Over my career, I've worked for ABC radio news (Mt Isa, Qld) and at provincial and suburban newspapers.
I'm a general reporter with Stock & Land, with a special interest in irrigation issues. I completed my cadetship, with the Age, in 1980. Over my career, I've worked for ABC radio news (Mt Isa, Qld) and at provincial and suburban newspapers.
