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Changes to the Regional Plan: Water for Otago

Part of the Waitaki catchment is in the Otago Region. Map 1 shows the boundary between the Canterbury and Otago Regions. The following changes to the Otago Regional Water Plan are made in order to give effect to the provisions of the Waitaki Catchment Water Allocation Regional Plan in the Otago Region in relation to the allocation of water to activities and the setting of a minimum flow for Welcome Creek.

Changes to the Otago Regional Water Plan

Pursuant to section 16 of the Resource Management (Waitaki Catchment) Amendment Act 2004 the following changes are made to the Otago Regional Water Plan as it relates to the Waitaki catchment being those changes that are necessary to ensure that the Otago Regional Water Plan gives effect to the Waitaki Catchment Water Allocation Regional Plan:

1 New policies for the Waitaki catchment

Insert the following new section into Chapter 6 Water Quantity of the Otago Regional Water Plan.

6.6A Policies relating to the Waitaki catchment

Policy on a whole-catchment approach

Policy 6.6A.1

By recognising the importance of connectedness between all parts of the catchment from the mountains to the sea and between all parts of freshwater systems of the Waitaki River and associated beds, banks, margins, tributaries, islands, lakes, wetlands and aquifers.

Explanation

The Waitaki catchment is large and complex. This policy recognises the importance of taking a whole-catchment "mountains to the sea" approach to water allocation in the catchment - an approach that recognises the physical, ecological, cultural and social connections throughout the catchment.

Policies on the allocation to activities

Policy 6.6A.2

In considering effects and when allocating to activities under the provisions of this Plan:

a. tāngata whenua values are those held by Kāi Tahu [Refer to definition in the Glossary] .

b. national effects refer to those that arise within New Zealand.

c. local effects refer to those that arise in the Mackenzie District, the Waimate District and the Waitaki District.

Explanation

This policy presents the scope of effects as they apply to this Plan. Part (a) reflects the Ngāi Tahu Claims Settlement Act 1998 which recognises the mana of Kāi Tahu in relation to a range of sites and areas in the South Island. Effects are considered from both national and local perspectives. It is recognised that local social and economic effects are likely to extend beyond the catchment boundary, and will vary unevenly with distance, depending on the circumstances of each case. For the purpose of this Plan however it is necessary to define the scope of local effects considered in order to define the basis of assessment, and this is provided in part (c) of this policy.

Policy 6.6A.3

To establish an allocation to each of the following activities:

i. town and community water supplies

ii. hydro-electricity generation

iii. agricultural and horticultural activities

iv. industrial and commercial activities

v. tourism and recreation facilities

vi. any other activities

by:

a. having regard to the likely national and local effects of those activities;

b. reference to relevant national, regional and local plans and strategies;

c. recognising the importance of irrigation to agriculture and horticulture;

d. considering the relative environmental effects of the activities including effects on landscape, water quality, mauri, and the beds of lakes and rivers;

e. assuming a high level of efficacy and technical efficiency;

f. giving a preference to needs for water within the catchment; and

g. expressing the allocation to activities in annual volumes downstream of Waitaki Dam but downstream of Black Point.

Explanation

One of the requirements of the Resource Management (Waitaki Catchment) Amendment Act 2004 (the Waitaki Act) is that this Plan must provide for the allocation of water to activities. Policy 6.6A.3 contains the categories of activities and describes the approach used to make allocations among the activities. These allocations apply, at the point that water is taken, to new and replacement consents from all water bodies including canals, and will require all consents to specify an annual volume. Policy 6.6A.2 provides further description of how the local and national effects are defined. Any activity that falls outside the allocations set under this policy in the rules will be a non-complying activity and must demonstrate the effect of granting the consent on the entitlements to other allocations over the timeframe of the consent. Applications for resource consents are still required for taking or diverting water within the allocation volumes. They are subject to the other provisions of this Plan, and to the consideration of effects under the resource consent processes.

Policy 6.6A.4

In considering whether to grant or refuse consent to take, divert, dam or use water allocated for agricultural and horticultural activities, the consent authority will have regard to the extent to which exercise of the consent could result in the water quality objective in this Plan not being achieved.

Explanation

This policy recognises the importance of water quality considerations when allocating water to agricultural and horticultural activities and, in particular, to irrigation. The intensification of land use, including that arising from irrigation, increases the potential for adverse effects on water quality. The Waitaki catchment has some sensitive and pristine water bodies that have not to date had intensive land uses in their catchments. This policy links to the water quality chapter to ensure these matters are considered when deciding consents.

Policy 6.6A.5

In considering whether to grant or refuse consents to take, divert or use water outside of the Waitaki catchment, the consent authority will have regard to the extent to which granting consent will reduce the availability of water to current and reasonably foreseeable in-catchment needs.

Explanation

In parts of the catchment there is insufficient water to reliably meet all current and future demands. This policy places a primacy on demands for water within the catchment by providing for in-catchment needs for water to be considered before a consent authority decides whether or not to grant applications to take water out of the catchment. The policy does not preclude the grant of applications for out-of-catchment use, but provides for consideration of likely in-catchment needs when considering such applications. Policy 6.5.5 concerning the adverse effects on Kāi Tahu cultural and spiritual beliefs, values and uses, including mauri, may also be relevant to the consideration of such applications.

Policy for Welcome Creek

Policy 6.6A.6

By setting an environmental flow and level regime in Welcome Creek that recognises and provides for the relationship of Kāi Tahu and their culture and traditions with Welcome Creek, and enables appropriate access to water for activities identified in Policy 6.6A.3 to the extent consistent with the objective in this Plan.

Explanation

This policy sets the basis for the environmental flow and level regime for this creek which are set in the rules. It identifies particularly important values that were considered in setting the regime.

2 Insert a new rule as Rule 12.1.4.4A

12.1.4.4A Taking of surface water from Welcome Creek applied for prior to 19 February 2005

(i) This rule applies to the taking of surface water, if the taking was subject of a resource consent or other authority:

a. granted before 19 February 2005; or

b. granted after 19 February 2005, but applied for prior to 19 February 2005; or

c. granted to replace a resource consent or authority of the kind referred to in paragraph (a) or (b).

(ii) The taking of surface water to which this rule applies is a restricted discretionary activity provided that:

a. by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in the following Table 12.1.4.4A; and

b. it complies with the minimum flow set in (iii).

The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8.

(iii) Takes to which this rule applies will be subject to a minimum flow equivalent to the 5-year 7-day low flow until the minimum flow has been determined by investigation and added to Schedule 2A by a plan change.

Table 12.1.4.4A: Annual allocation to activities

Note: units = millions of m3 per year

	Town and Community water supply	Industrial and commercial activities (outside municipal or town supply areas)	Tourism and recreational facilities	Agricultural and horticultural activities	Any other activities1	Hydro-electricity generation1
Downstream of Waitaki Dam but downstream of Black Point	19	8.5	4.3	1100	144	All other flows except the flows that must remain in the rivers, pursuant to the environmental flow regimes

1 Water taken or diverted and returned to the same water body in the vicinity of the take or diversion point, in the same condition and quality as taken, for fisheries and wildlife or micro hydro-electricity generation, does not need to be accounted for in the annual allocation to activities in Table 12.1.4.4A.

3 Rule 12.1.4.5

Insert into Rule 12.1.4.5 after "Schedule 2A" "and not in Welcome Creek"

Insert a new section into Rule 12.1.4.5 as (iiA)

(iiA) The taking of surface water in the Waitaki catchment to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.4A. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8.

4 Rule 12.1.4.6

Insert into Rule 12.1.4.6 after "Schedule 2A" "and not in Welcome Creek"

Insert a new section into Rule 12.1.4.6 as (iiA)

5. Rule 12.1.4.7

Insert into Rule 12.1.4.7 after "other than the Kakanui catchment area" "and Welcome Creek"

Insert a new section into Rule 12.1.4.7 as (ivA)

(ivA) The taking of surface water in the Waitaki catchment to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.4A and is subject to Rule 12.1.4.9. The matters to which the Otago Regional Council has restricted the exercise of its discretion are set out in Rule 12.1.4.8.

6 Rule 12.1.4.8

Insert in Rule 12.1.4.8

(s) For resource consents in the Waitaki catchment the matters in (a) to (r) above as well as matters in Policies 6.6A.1 to 6.6A.6 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

7 Rule 12.1.5.1

Reword Rule 12.1.5.1 to read

Except as provided for by Rules 12.1.1.1 to 12.1.4.7, and except in the Waitaki catchment the taking of surface water is a discretionary activity.

8 New Rule 12.1.6

Insert a new heading

Rule 12.1.6 Non-complying activities: Resource consent required

Insert a new Rule 12.1.6.1

12.1.6.1 Except as provided in Rule 12.1.6.2, the taking of surface water in the Waitaki catchment when, by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in rules 12.1.4.5 to 12.1.4.7 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.5 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

Insert a new Rule 12.1.6.2

12.1.6.2 The taking of surface water from Welcome Creek is a non-complying activity when:

a. by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in Rule 12.1.4.4A; and

b. the take does not comply with the minimum flow set out in Rule 12.1.4.4A (iii).

In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

9 Rule 12.2.4.1

Insert a new section into Rule 12.2.4.1

(iA) The taking of groundwater in the Waitaki catchment to which this rule applies is a discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.4A. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

10 New rule 12.2.5

Insert new heading

Rule 12.2.5 Non-complying activities: Resource consent required

Insert a new rule 12.2.5.1

12.2.5.1 The taking of groundwater in the Waitaki catchment when, by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in rule 12.2.4.1 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.6 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

11 Rule 12.3.2.1.

Insert into Rule 12.3.2.1

(g) The damming or diversion is not within the Waitaki catchment.

12 Rule 12.3.3.1

Reword the first paragraph to read

(i) Except as provided for by Rules 12.3.1.1 to 12.3.2.3 and except in Welcome Creek, the damming of water, which has been previously carried out under a resource consent or other lawful authority, is a restricted discretionary activity.

Insert into Rule 12.3.3.1

(iA) The damming of water in the Waitaki catchment, except in Welcome Creek, to which this rule applies is a restricted discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.4A.

(n) For resource consents in the Waitaki catchment matters in (a) to (m) above as well as matters in Policies 6.6A.1 to 6.6A.5 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

13 Rule 12.3.4.1

Reword the first paragraph to read

(i) Except as provided for by Rules 12.3.1.1 to 12.3.3.1 and except in the Waitaki catchment, the damming or diversion of water is a discretionary activity.

Insert into Rule 12.3.4.1

(iA) The damming or diversion of water in the Waitaki catchment, except in Welcome Creek to which this rule applies is a discretionary activity provided that by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, does not exceed the allocation to activities set out in Table 12.1.4.4A. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.5 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

14. New Rule 12.3.5

Insert new heading

Rule 12.3.5 Non-complying activities: Resource consent required

Insert a new rule 12.3.5.1

12.3.5.1 Except as provided for in Rule 12.3.5.2, the damming or diversion of water in the Waitaki catchment when, by itself or in combination with any other take, use, dam, or diversions, the sum of the annual volumes authorised by resource consent, exceeds the allocations to activities set out in rules 12.3.3.1 and 12.3.4.1 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to Policies 6.6A.1 to 6.6A.5 in Section 6.6A Policies relating to the Waitaki catchment of this plan.

Insert new rule 12.3.5.2

12.3.5.2 The damming or diversion of water from Welcome Creek is a non-complying activity.

15 Add Welcome Creek Wetland to Schedule 9: Significant Wetlands

Add the following to Schedule 9:

Index to Otago's Significant Wetlands

Wetland Name	Map No
(add) Welcome Creek	F61

Welcome Creek (Map F61)

Insert the following description

Physical Description:

Welcome Creek is a spring-fed stream with a small catchment dominated by pastoral land use, predominantly dairy farming. The stream has a variable riparian buffer dominated by pasture grass species and crack willow. The spring drains water from the lower Waitaki alluvium aquifer to the Waitaki River. The upstream (source spring), flow has been measured at 56 - 59 litres/sec. The lower site (near Waitaki River) flow ranges from 1121 - 1381 litres/sec. It is important to note that a major bywash point for the Lower Waitaki Irrigation Scheme contributes flow to Welcome Creek between the upper and lower sites at all times of year, this bywash may range in flow from 250 litres/sec in the non irrigation season to over 500 litres/sec during irrigation months. It is estimated that Welcome Creek flow at Ferry Road (between the upper and lower sites) has a base spring flow of about 450 litres/sec.

Groundwater seepage is predominantly from the lower Waitaki alluvium (irrigation scheme sourced groundwater). However, at lower reaches of Welcome Creek (at the lower site and below), it is possible for Waitaki River sourced groundwater to be providing some flow to the stream. There have been no observed Waitaki River channels providing direct flow to the stream. However, NZMS 260 Series Maps and aerials indicate some historic channels connecting to the lower reaches of the creek from the Waitaki River.

Welcome Creek has a diverse and healthy freshwater invertebrate community. It is a noted spawning site for Salmo trutta (brown trout) and Oncorhynchus mykiss (rainbow trout). It has a wide ranging native fishery, including species such as, Gobiomorphus hubbsi (bluegill bully), Gobiomorphus breviceps (upland bully), Gobiomorphus cotidianus (common bully), Galaxias maculates (inanga), Anguilla dieffenbachii (longfin eel) and Anguilla australis (shortfin eel). Also Neochanna burrowsius (Canterbury mudfish) have also been located in wetland systems associated with the lower reaches of Welcome Creek, so far this is the only report of mudfish in the Otago province. This makes Welcome Creek one of the more diverse and regionally important streams with regard to fish species diversity present in Otago.

Wetland Value	Value Type
(add) Spring fed wetland maintaining local water table in gravels.	A1, A2, B3

(add) Map F61 Welcome Creek wetland.

Map F61 Welcome Creek wetland

16 Insert into the Glossary the following terms

In this Plan, the spelling of Māori words using ng and k is interchangeable (for example Ngāi Tahu and Kāi Tahu).

Annual volume: The volume of water that can be taken or diverted in any 12-month period.
Agricultural and horticultural activities: All activities involved with the primary industries of agriculture and horticulture, including common stock drinking-water schemes, but excludes processing agricultural and horticulture produce.
Any other activities: Activities that are not agricultural and horticultural activities, hydro-electricity generation, industrial andcommercial activities, tourism and recreation facilities, or town and community water supplies.
Environmental flow and level regimes: The flow-sharing, allocation limits and minimum flows and levels established by this Plan as specified in Rule 12.1.4.4A.
Fisheries and wildlife: Activities relating to the management and enhancement of habitats of fish and indigenous wildlife.
In-catchment needs: Water requirements of users where the water is taken or diverted for use within the Waitaki catchment.
Industrial and commercial activities: Industrial and commercial activities (but excluding hydro-electricity generation) that are not served by a reticulated town and community water supply.
Kāi Tahu or Ngāi Tahu: The collection of individuals who descend from the primary hapū of Waitaha, Ngāti Mamoe, and Ngāi Tahu, namely Kāti Kurī, Kāti Irakehu, Kāti Huirapa, Ngāi Tuahuriri and Kai Te Ruahikihiki.
Micro hydro-electricity generation: The generation of hydro-electricity not exceeding a capacity of 50 Kilowatts continuous output.
Technical efficiency: Using a resource in a way that any given output is produced at least cost, including avoiding waste.
Tourism and recreation facilities: Tourism and recreation facilities that are not served by a reticulated town and community supply, such as hotels, lodges, restaurants and ski fields.
Town and Community water supply: Reticulated water supplies servicing urban areas, rural-residential and residential subdivisions including all commercial and industrial premises and schools and other educational facilities located within the reticulated area.
Waitaki catchment: As defined in section 4 Resource Management (Waitaki Catchment) Amendment Act 2004.

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