Questions in parliament regarding the Moorabool Catchment management

On the 21st of June Dr Sarah Mansfield, member of the Victorian Legislative Council representing the Western Region, asked the following questions without notice to Water Minister Harriet Shing.

Questions without notice and ministers statements

Moorabool River catchment management

Sarah MANSFIELD (Western Victoria) (12:00): (185)
My question is for the Minister for Water. The ABC recently revealed that 200 new private dams have been constructed along the Moorabool River catchment since 2012. Many appear to be unlicensed, and the water regulator, Southern Rural Water, has failed to enforce the law. In fact last year Southern Rural Water made not a single prosecution. The proliferation of unregulated dams poses a significant risk to essential inflows to the Moorabool, which is already one of the most flow-stressed systems in the state. Will the government place an immediate moratorium on the construction of new private dams within the Moorabool catchment whilst this issue is being investigated?

Harriet SHING (Eastern Victoria – Minister for Water, Minister for Regional Development, Minister for Commonwealth Games Legacy, Minister for Equality) (12:01):
Thank you for that question about Moorabool and about the issue of dams and the way in which dams may be constructed over time. I want to acknowledge the work of PALM, the community group that has been identifying issues around concerns relating to the extension of existing dam footprints which may be subject to a stock and domestic licence – for example, using an existing bore. You do not currently need to have a licence to expand a bore where it is 3 metres by 3 metres, and there are other regulations that apply in the event of wanting to expand a bore, a dam or a holding beyond that process. There have been concerns raised by PALM around the very issues that you have talked about, which have been brought to my attention. We have had a discussion around surveys of what is actually happening. It is really difficult to get onto private landholdings to see what has changed over time and whether it has occurred inadvertently or intentionally. We know from the compliance system in Victoria that we have a very, very high level of compliance and enforcement with the rules and regulations that apply around the capture and storage of water, and in fact we lead the nation in that regard. To that end, I think we have seen about 3000 breaches notified, with only about 20 of those proceeding to prosecution. That should give you an idea about the extent to which undertakings can usually be provided or remedies delivered in order to correct breaches without them needing to be escalated further through a legal proceeding. I have been notified that the work of surveying is continuing and that PALM has been a big part of that. I am looking forward to seeing what the outcome is of those analyses about the footprint of dams across private landholdings. I want to make a couple of general points, if I can, about the importance of maintaining access to water. We know that dams in fact take water away from other areas where it might naturally travel to provide a range of other benefits, whether environmental or to primary producers or to riparian and waterway health overall. Wherever we take water and put it into a large-scale dam, we are in effect denying water the opportunity to move around to where it is otherwise needed. As far as integrated water management and natural resource management go, that is a significant thing to have to manage. I am looking forward, as I said, to getting the outcomes of that survey work and being able to continue to engage on improvement and making sure the community has the transparency that it is looking for. Again I thank PALM for that work and those partnerships that are being informed by the work on the ground.

Sarah MANSFIELD (Western Victoria) (12:04):
I thank the minister for her response. I think it is interesting that you view Victoria’s compliance and enforcement systems as being robust. There is an alternative view that water corporations are structured in such a way that they are actually struggling in their duty to enforce the law. Following similar problems with illegal water theft and illegal dams in New South Wales, the New South Wales government established the Natural Resources Access Regulator to ensure direct government oversight of compliance and enforcement. Does the proliferation of unlicensed dams on the Moorabool demonstrate that the government needs to establish a similar body, a natural resources access regulator, rather than devolving this responsibility for enforcement to water corporations?

Harriet SHING (Eastern Victoria – Minister for Water, Minister for Regional Development, Minister for Commonwealth Games Legacy, Minister for Equality)
(12:05): Thank you for that further question. I do want to point out that the Pearson review in 2018 found that we have around 96 per cent compliance. That is the highest around Australia. What I do also want to acknowledge is the statement that you have made around water corporations being responsible for that compliance work. In fact that consultation and part of the work that Southern Rural Water is doing on discussions with the community include those conversations with Wadawurrung, with PALM and with other community members to understand the presence of and/or the proliferation of and the need to monitor whether there might be any unauthorised or unlicensed dams that are being constructed or are otherwise present in our landscape. We are working across a consultation process, but our water corps are state owned. They are part of the government and not private companies, and when we look at the contradistinction with other jurisdictions and we see that there have been privatised environments, you will see in fact why that is a part of the feature of distinction of the compliance and enforcement systems that we have here in Victoria.

https://www.parliament.vic.gov.au/images/stories/daily-hansard/Council_2023/Legislative_Council_2023-06-21.pdf

 

PALM would like to thank Dr Mansfield for her questions.  As someone from the area and the current water spokesperson for her party we recognise and applaud her interest in the plight of the Moorabool River.

PALM would also like to thank Minister Shing for her response particularly in acknowledging the work of PALM community in delivering a greater understanding of what is happening within the Moorabool Catchment.  Hopefully cooperation with all stakeholders and agencies will allow for a more secure future for this highly stressed but vital river system.

 

Report on the continued growth of private dams in the Moorabool Catchment

The issue of the high number of private dams in the Moorabool Catchment and their impact on flows within the river has been recognised for many years. The 2004 Sinclair Knight Mertz study Moorabool River Water Resource Assessment identified that one the "Key Issues in the Catchment" was the "Impact of farm dams on flows". https://www.ccmaknowledgebase.vic.gov.au/resources/R05_Final_report_d1.pdf

Modelling done in the report produced the following table of supply demands:

Newer modelling has allowed for more refined figures, although studies to determine the impact of private dams over different climate scenarios are ongoing.

Figures from the annual Victoria Water Accounts have been alarming. Private dam volumes in the Moorabool Basin compared to inflows are the second highest in the state. The stated figure of 20,236ML in 2017-18 was equivalent to the capacity of Barwon Water's West Barwon Reservoir.

A graphic from a 2020 study titled Investigation of trends in farm dam development over time. (Department of Environment, Land, Water and Planning - Jordan, P., Shepherd, D., & Race, G. (2020)) is illustrative of how large the impact of private dam development is within the Moorabool Catchment. It compared subcatchments in 3 different basins. Franklin Creek in Gippsland, Love Creek near the Otways, and Woollen Creek in the Moorabool catchment which feeds into Lal Lal Reservoir. The volume of private dams compared to km2 of Woollen Creek was 8 to 10 times that of the other subcatchments:

In the recent Central and Gippsland Regional Sustainable Water Strategy completed last year, both the Moorabool and Maribynong catchments were acknowledged as private dam hotspots and an action adopted which committed to: 

Action 4-13:
Review of water resource risks in small, dry, peri-urban catchments

Southern Rural Water will lead a project over two years to review resource risk and share evidence and reporting to build a shared understanding with communities on the risks, consequences and mitigation options we can use to address the increasing effects of small catchment dams. This project will focus on the upper Maribyrnong and upper Moorabool catchments (including tributaries) as identified hotspots, but recommendations from this review may be relevant to other catchments.

However the rationale was based on the belief that the issue was mainly due to "land uses are changing between agriculture and urbanisation". This was not what PALM supporters were observing on the ground. Downstream irrigators and farmers who are reliant on the river for stock and domestic needs had expressed concerns that large private dams were being developed in the upper catchment.

The group resolved to do its own study of where private dam development was occurring, and to see if it exceeded the growth rates described by DEECA. We were assisted by anonimised data from SRW showing licenced dams within the catchment.

Google Earth and its capacity to compare historical satellite imagery was used to note new and enlarged private dams developed, particularly over the last decade. It allowed an approximation of volumes based on a recognised formula for Victorian dams. In total this ultimately involved over 200 dams the majority from 2012 onwards, and many hours of volunteer time and effort.

PALM's report titled The Dammed Future of the Moorabool River - Testing arguments over the trajectory of private dam construction in the Moorabool River Catchment was sent to the Water Minister, Southern Rural Water and other relevant agencies in March 2023. PALM acknowledges within the document that:

This is a community driven and created discussion paper. While every reasonable endeavour was made to be as accurate as our limited resources permit, the report is presented as a basis for a policy review of how private dam development is managed within Victoria.

PALM does not imply, and no reader should infer, that any landowner within any areas covered by this investigation has enlarged or constructed a dam in breach of the rules applicable at the time of enlargement or construction.

From PALM's perspective there were a number of key points.

• It appears the annual increase in new private dam volumes over the last 10 years was triple that predicted by DEECA studies.
• Quite a number of the recent dam installations of significance appeared to coincide with either windfarm development or plantation harvesting. 
• A concerning number of dams were constructed on watercourses as defined by the government dataset (https://discover.data.vic.gov.au/dataset/vicmap-hydro-1-250002)

It is the last point which is most troubling to PALM. A landholder digging a small dam in the corner of a paddock to provide stock needs is unlikely to impact the river. However in a narrow catchment such as the Moorabool virtually all watercourses contribute flows to the Moorabool River. The placement of new and enlarged dams on those watercourses will likely have a direct impact. The Water Act specifies that such dams should be licenced by the responsible authority. Southern Rural Water has since indicated to PALM that there are currently a number of dams of concern and that investigations are being conducted.

Monitoring and compliance is of course a factor in the proper management of water resources, but this does not address the inherent ambiguities within the current licencing system. As stated PALM's primary objective has been for the report to provide a "basis for a policy review of how private dam development is managed within Victoria". Part of that review must include addressing the fragmented approach to the authorising of new and enlarged private dams. Currently a landholder seeking to install a catchment dam in the system may have to approach 3 different authorities; Southern Rural Water, Moorabool Shire and the Corangamite Catchment Management Authority. This needs to be reformed.

Next, the ambiguities around what constitutes a watercourse need to be resolved. While the Water Act appears to be clear on what it considers a watercourse, and these appear on maps used on Victorian Government planning portals, they remain open to interpretation by regulatory staff. This amplifies confusion for landholders, and for other interested parties, and needs to be addressed in a manner which will protect the Moorabool. 

Finally the education of landholders regarding their obligations and the potential impacts of certain activities, especially those who may not be aware of how flow stressed the Moorabool system is, must be the responsibility of those managing the system, particularly Southern Rural Water.

PALM considers that there must be a moratorium on new private dams in the system until these issues are resolved. We all need to face up to the fact that the catchment’s water has been massively over extracted for years and we are killing the river. It may well mean urban water users have to accept they will have to pay a bit more for water to be sourced elsewhere. It may also mean that landholders consolidate dams on their properties and construct reticulated systems to get water over their holdings just as some are already doing. PALM would fully support government initiatives to restructure the way water is used in the catchment such as assisting with  reticulation costs.

If the government, the agencies, and the community get on the same page then this river just may have a fighting chance.

Update

ABC have published a story on the report. It can be accessed here.

The accompanying video story is below.

Introducing Paulina Gutierrez Ramos - PhD Student working on the Moorabool River

It is with great pleasure PALM introduces Paulina Gutierrez Ramos.

Paluina in her second year of her PhD study looking at the Moorabool River Catchment. Based at the Deakin University, School of life and Environment, Center of Rural and Regional Futures Paulina's main focus is on catchment health and water forecasting.

Paulina has kindly provided the following bio and abstract:

Project Sponsor: Barwon Water and Corangamite Catchment Management Authority

Bio:

I grew up in the city of Leon, in Mexico. I have always been interested in science, which led me to pursue studies in Biology and Environmental Science. During my bachelor studies, I was recipient of a scholarship in 2006 and had the amazing opportunity to come to Australia sponsored with an international scholarship, to attend Deakin University.

After finishing my undergraduate studies in Mexico, I migrated to Australia and continued studies in secondary school teaching. I worked as a high school teacher for 10 years. Due to my passion for science and sustainability, I completed a Master in Sustainability doing a project on sustainable regional development in both Mexico and Australia; I completed my research with recognition for academic excellence.

Currently, I am on the second year of my PhD project. My research focuses on catchment health and water forecasting. I hope my research will be useful for water managers, landowners and community organisations of the region and for catchment managers. At the end of my studies, I plan to pursue a career in the water management industry.

 

Title of PhD Project: Environmental flows in the Moorabool River

A significant proportion of the potable water used for human consumption comes from surface water, rivers and lakes. However, the modification of many waterways has had an impact on hydrological cycles and the functioning of freshwater ecosystems. Australian rivers have not escaped this fate.

In addition to direct, physical alterations, Climate change has an impact on the hydrological regime of many rivers. The uncertainty of different climates poses a challenge for natural resources managers, and preparing an adaptation plan requires consideration of different scenarios and application of water forecasting models.

Hydrological models help to explain the water balance of a catchment. Hydrologist use rainfall-runoff models to predict river flow and forecast the effects of land use changes, such as urbanization, land clearance and agricultural farm dams. The hydrological impacts of land-use change to streamflow, specifically alterations caused by interception of water via farm dams, is a topic of increasing scientific interest.

The influence of water trapping by farm dams on stream flows within the Moorabool Catchment, and many other catchments in Australia and overseas, is currently unknown. Given the potential cumulative impact of farm dams to trap significant volumes of water, thereby reducing runoff and subsequent river flow, my research aim is to quantify the distribution, morphological characteristics and number of farm dams in the Moorabool catchment. The morphological characteristics will include surface area and storage capacity. I will then model the correlation between farm dam water storage to stream run-off on an annual basis.

 

 

Bolwarra willow removal works - first stage complete

The first stage in the willow removal at Barwon Water's Bolwarra Wier has been completed.

An extensive willow infestation at the top of the wier has been removed and burnt onsite. Any regrowth with be dealt with over the coming months before further works commencing later in the year.

Funded by Barwon Water's Living Moorabool contribution and overseen by the Corangamite Catchment Management Authority the project will see the restoration of native species to the site and the introduction of walkways for the public.

 

Site in Feb 2023 with some of the many willows along the East Moorabool River before it enters the weir.

 

Chopped willows awaiting burning

 

Collecting and burning of willows piles

 

May 2023 - River each now cleared and ready for regeneration

 

Images courtesy of the Corangamite Catchment Management Authority.

While it may have taken a while it is really refreshing to have Barwon Water stepping up and taking ownership of weed management on sites like these. The willows here would have been contributiing to infestation downstream of the weir for decades.

There will obviously be a need for long term management of the site by Barwon Water have indicted a management plan is being formulated across all their sites, Bolwarra Weir included.

A thank you also goes to the CCMA for project managing the works. It is alway good to see funding directed to making a real difference on the ground.