Bill gives nine water rights

Press, 28 August 1982, Page 5

Bill gives nine water rights

Parliamentary reporter

The Clutha Development (Clyde Dam) ' Empowering Bill is a four-clause bill giving the Minister of Energy, Mr Birch, nine water rights, and reimbursing fully appellants to. the High Court in Christchurch and the Planning Tribunal. Clause one specifies the nine rights required, three to create the lake, draw out water for generation, and to discharge from the powerhouse back into the downstream riverbed; and six related rights to handle flood and emergencies, and spillage. The first three rights are for a period of 21 years and allow creation of a dam about I.skm upstream from Clyde, and 64m above the

riverbed; the drawing of up to 850 cu m a second of water from the lake into the dam, and the discharge of up to 850 cu secs into the downstream bed from the dam powerhouse. Nine schedules to the act spell out the conditions attached to each of the nine water rights, and clause two of the bill refers to the Water and Soil Conservation Authority any dispute over •any condition — the Authority’s decision to be final. Clause three gives the rights granted the same force as if they have been granted by the Authority, with the exception of legal appeals. Clause four' requires the Minister to pay to appellants “such further sums as will

fully indemnify the appellants for legal costs and disbursements relating to that appeal to the High Court and the related appeal to the Planning Tribunal, actually incurred before the passing of the act.” Any disputes over amounts payable will be referred to the registrar of the High Court in Christchurch. The conditions to the water rights require the maximum operating level of the lake to be 194.5 m above sea-level, and the operating level to not fluctuate by more than one metre, except in emergencies. The conditions also entitle the Minister to take on average, the whole of the natural mean flow of the Clutha River — 472 cu m a second,

but give the Authority the right to diminish that by 9 cu secs - to provide water for irrigation, rural water supplies, frost fighting and “other uses.” Other conditions require the Minister to consult the Historic Places Trust and record all known historic places that will be lost by inundation; to provide rowing and other recreational areas to replace existing areas in the Clyde-Alexandra reach of the river; to correct channel erosion in the river caused by flow fluctuations or channel works; to ensure that water at least one metre deep and 60m wide is maintained at all times in the river downstream of the dam; and to provide a fish hatchery to restock the lake and river.