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Water Management Act 2000 No 92
Current version for 1 April 2019 to date (accessed 21 June 2019 at 02:21)
Division 7 Supply of water
176 Determination of allocation
As soon as practicable after it is elected, the first board for a private water supply and irrigation district must determine the quantity of water, if any, to be allocated for irrigation to each holding within the private irrigation district.
177 Supply of water
At the times fixed by it, a private irrigation board:(a) must supply water for domestic and stock purposes (in such quantities as it may determine):(i) to the boundary of each holding within its private irrigation district, and(ii) to such other points as may be agreed on by the board and the landholder of the holding, and(b) in the case of a board for a private water supply and irrigation district, must supply water for irrigation (in the quantities allocated by it under this Division):(i) to the boundary of each holding within its private irrigation district for which an allocation of water for irrigation has been made by the board, and(ii) to such other points as may be agreed on by the board and the landholder of the holding.
178 Discontinuance or reduction of supply of water
A private irrigation board may at any time refuse to deliver water to any holding or may discontinue any delivery of water to a holding:(a) in the case of a holding for which it has made an allocation of water for irrigation:(i) if the land to be irrigated is not in its opinion properly prepared for irrigation or on which the ditches or channels to be used for the distribution of water within the holding are in the opinion of the board inadequate or in a bad state of repair, or(ii) if the water is for the irrigation of grasses or pastures that are not sown grasses or improved pastures, or(b) if any rates or charges for water in respect of the holding are, and have been for a period of 2 months or more after the due date of payment, unpaid, or(c) if the landholder of the holding does not comply with any requirement specified in a notice given to the landholder under this Division, or(d) if the water is being used for a purpose that is not authorised by a water use approval.
179 Circumstances in which private irrigation board not obliged to supply water
(1) Nothing in this Part requires a private irrigation board to supply water to any land or landholder if, by reason of drought, accident or otherwise, the board is of the opinion that it is impracticable to do so.(2) Unless the private irrigation board otherwise determines, any failure to deliver water to a holding does not relieve the landholder of the holding of any liability for payment of rates and charges, and rates and charges continue to be leviable in respect of the holding despite any such failure.
180 Landholders may be required to provide distribution works
A private irrigation board may, by notice in writing given to the landholder of any holding, require the landholder:(a) to provide on his or her holding:(i) water delivery systems of such a size and capacity as will enable water to be delivered to his or her land at not less than such rate of delivery as the board may stipulate in the notice, and(ii) water storage works, in such locations and of such nature and extent as the board may stipulate in the notice, for the water to be supplied by it for domestic and stock purposes, and(b) to maintain, continuously and effectively, any water delivery systems referred to in paragraph (a) (i) so that water may be carried or passed at not less than the rate so stipulated.
181 Sale of surplus water
If the full quantity of water to be supplied under this Division has been supplied or, despite any sales made under this section, will be supplied, a private irrigation board may, subject to the conditions of any water supply work approval held by it, agree to sell by measure to the landholder of any holding water from the works of the private irrigation district subject to such terms and conditions as may be agreed to by the board and that landholder.