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Waitaki Catchment Water Allocation Regional Plan

1. Introduction

2. Legal framework

3. The natural and physical resources and communities of Waitaki catchment

4. Overview of requirements for water

5. Issues to be addressed

6. Objectives

7. Policies

8. Rules

9. Anticipated environmental results

10. Definitions and abbreviations

Changes to the Regional Plan: Water for Otago

8. Rules

Each rule is accompanied by a reference to the policies that are particularly relevant. Other policies and provisions of this Plan may also be relevant in particular circumstances.

Rules setting environment flow and level regimes

Rule 1

Cross-ref: Policy 10

Subject to Rules 9 and 10, no person shall take, use or divert more than 10 cubic metres per day per property at a rate not exceeding 5 litres per second.

Rule 2

Cross-ref: Policies 1-8, 23,24,28, 29, 32 and 38-45

(1) Except as provided in (2) and (3), no person shall take, use, dam or divert surface water or groundwater unless:

a. the flow in the relevant river or stream, or the level in the relevant lake, is above the minimum flow or level in Table 3; and

b. the amount taken or diverted from the relevant river or stream is for a replacement consent [With the same or lesser amounts of water to be taken or diverted.] or in combination with the amount of water authorised to be taken or diverted by existing resource consents, does not exceed the allocation limits in Table 3; and

c. the take or diversion complies with a flow-sharing regime such that no more than half of the water above or between the thresholds in Table 3 can be taken or diverted; and

d. the consent holder provides the flushing flows in Table 3 xvii(b) where applicable.

(2) Water taken for essential drinking, stock drinking-water, maintaining fire-fighting capacity, and for the processing and storage of perishable produce is exempt from minimum flow and level and flow-sharing regimes.

(3) 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 micro hydro-electricity generation or fisheries and wildlife, is exempt from the allocation limits in Table 3.

Table 3: Environmental flow and level regimes for water bodies in the Waitaki catchment

View environmental flow and level regimes for water bodies in the Waitaki catchment (large table).

Rule 3

Cross-ref: Policies 1, 3, 4, 6, 23 , 24, 28 and 35 - 37

(1) Except as provided in (2) and (3), no person shall take, use, dam or divert water from the lakes in Table 4 or from the canals leading from the lakes in Table 4 unless the level in the relevant lake is above the minimum lake level in Table 4.

(2) Water taken for town and community water supplies, stock drinking-water, tourism and recreational facilities, maintaining fire-fighting capacity and the processing and storage of perishable produce, is exempt from all minimum lake levels specified.

(3) A temporary reduction in lake level below the minimum lake level specified in Table 4 for the purposes of maintenance or rehabilitation of electricity generation infrastructure is exempt from the minimum lake levels specified.

Table 4: Minimum lake levels for Lakes Tekapo, Pūkaki and Ōhau

Rule 4

Cross-ref: Policies 1, 2, 4, 29 and 30

No person shall take, use, dam or divert water from a wetland [As defined in the RMA.] that:

a. has not yet been classified according to the criteria for classifying wetlands in Chapter 7 of the Natural Resources Regional Plan; or

b. has been so classified as a wetland with a moderate or higher significance.

Rule 5

Cross-ref: Policies 1, 2, 4, 29 and 30

No person shall take, use, dam or divert water from Lakes Alexandrina, McGregor and Middleton and their tributaries and other lakes upstream of Lakes Tekapo, Pūkaki and Ōhau.

Rule on the annual allocation to activities

Rule 6

Cross-ref: Policies 1, 10 - 14, and 31

(1) Except as provided in (2), no person shall take, use, dam or divert water 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 annual allocation to that activity in Table 5.

(2) 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 micro hydro-electricity generation or fisheries and wildlife, does not need to be accounted for in the annual allocation to activities in Table 5.

Table 5: Annual allocations to activities

View annual allocations to activities (large table).

Rule 7

Cross-ref: Policies 10 - 14, 46

In addition to the minimum flows and flushing flows of the environmental flow regime for the Lower Waitaki River, the consent-holder for the Waitaki Dam shall provide flows in the Lower Waitaki River sufficient to meet the actual requirements of activities identified in Policy 46(ii) (at their points of taking), up to a maximum of the flows in Table 6.

Table 6: Provision of flows into the Lower Waitaki River

Rule on transfer of resource consents

Rule 8

Cross-ref: Policies 13, 15 - 22

(1) No person shall transfer a consent to take or use water so that the use that is made of the water in exercise of the consent is changed.

(2) No person shall transfer the location at which a consent to take water is exercised to any water body to which either Rule 4 or Rule 5 applies.

(3) No person shall transfer the location at which a consent to take or use water is exercised from one downstream of the Waitaki Dam to one that is upstream of the Waitaki Dam.

(4) No person shall transfer the location at which a consent to take or use water is exercised from one part of the catchment to another, except in accordance with Rule 21, Rule 22 or Rule 23.

Rules classifying activities

Rule 9

Any activity that is undertaken outside the High Natural-Character Water Bodies defined in Policy 2 and outside water bodies to which the National Water Conservation (Ahuriri River) Order 1990 applies, and that does not contravene Rule 1 is a permitted activity.

Rule 10

Any activity that does not contravene Rule 1 but is undertaken within the High Natural-Character Water Bodies defined in Policy 2 is a discretionary activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to:

Policy 1 (a whole-catchment approach)

Policy 7 (consideration for small streams)

Policy 9 (mixing of waters)

Policy 14 (consideration of in-catchment needs)

Policies 15 - 20 (efficient and effective use)

Policy 21 (water metering)

Policies 23 - 27 (times of low water availability)

Policy 28 (replacement consents)

Policies 29 - 34 (High Natural-Character Water Bodies).

Rule 11

Any activity that does not contravene Rule 1 is not subject to Rules 12 to 20.

Rule 12

Any activity that does not comply with Rule 3 is a prohibited activity.

Rule 13

Any activity that does not comply with Rule 4 is a prohibited activity.

Rule 14

Any activity that does not comply with Rule 5 is a prohibited activity.

Rule 15

Any activity that complies with Rules 2, 6 and 7 is a discretionary activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to:

Policy 1 (a whole-catchment approach)

Policy 7 (consideration for small streams)

Policy 8 (water harvesting)

Policy 9 (mixing of waters)

Policy 13 (water quality considerations for irrigation)

Policy 14 (consideration of in-catchment needs)

Policies 15 - 20 (efficient and effective use)

Policy 21 (water metering)

Policies 23 - 27 and Policy 45 (times of low water availability)

Policy 28 (replacement consents)

Policies 33 - 34 (High Natural-Character Water Bodies)

Policy 38 (Tekapo, Pūkaki and Ōhau Rivers).

Rule 16

Any activity which contravenes any of Rules 2, 6 or 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 all the policies of this Plan.

Rule 17

Any activity that complies with both Rules 3 and 6 is a discretionary activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to:

Policy 1 (a whole-catchment approach)

Policy 9 (mixing of waters)

Policy 13 (water quality considerations for irrigation)

Policy 14 (consideration of in-catchment needs)

Policies 15 - 20 (efficient and effective use)

Policy 21 (water metering)

Policy 28 (replacement consents)

Policy 38 (Tekapo, Pūkaki and Ōhau Rivers).

Rule 18

Any activity which contravenes Rule 6 but complies with Rule 3 is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to all the policies of this Plan.

Rule 19

Any taking or using of water from a water body to which Rules 2 to 5 do not apply, and that complies with Rule 6, is a discretionary activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to such of the following policies as are applicable:

Policy 1 (a whole-catchment approach)

Policies 4 and 5 (environmental flow and level regimes)

Policy 8 (water harvesting)

Policy 9 (mixing of waters)

Policy 13 (water quality considerations for irrigation)

Policy 14 (consideration of in-catchment needs)

Policies 15 - 20 (efficient and effective use)

Policy 21 (water metering)

Policy 28 (replacement consents)

Policies 33 - 34 (High Natural-Character Water Bodies)

Policy 38 (Tekapo, Pūkaki and Ōhau Rivers).

Rule 20

Any taking or using of water from a water body to which Rules 2 to 5 do not apply and that does not comply with Rule 6, is a non-complying activity. In considering an application to which this rule applies the consent authority will have regard, among other matters, to all the policies of this Plan.

Rule 21

(1) This rule applies to the transfer of a consent (not being a deemed permit) to take or use water from one part of the catchment to another if:

(i) the transfer does not contravene any of clauses (1) to (3) of Rule 8; and if

(ii) in the new location:

a. the exercise of the consent complies with Rule 6, and with either Rule 2 or Rule 3; and

b. the amount of water taken is metered to give effect to Policy 21; and

c. the exercise of the consent complies with any water quality standards in the Natural Resources Regional Plan.

(2) The transfer of a consent to which this rule applies is a controlled activity.

(3) In considering an application for a controlled activity to which this rule applies, a consent authority has control over the following matters:

(i) the method for preventing fish from entering the water intake;

(ii) the technical efficiency of the exercise of the consent;

(iii) the effect on flow in the immediate vicinity of the new location, and the need for and provision of any additional restriction to prevent that flow from reducing to zero;

(iv) the consent-holders' responsibility for monitoring, including the timely provision of information to the Canterbury Regional Council;

(v) the location and method of water-measuring devices; and

(vi) the need for backflow prevention.

(4) Applications for transfer under this rule do not need to be served on affected persons.

Rule 22

(1) This rule applies to the transfer of a consent (not being a deemed permit) to take or use water from one part of the catchment to another, if -

(i) The transfer does not contravene any of clauses (1) to (3) of Rule 8; and if

(ii) in the new location the exercise of the consent complies with Rule 6, and with either Rule 2 or Rule 3.

(2) The transfer of a consent to which this rule applies is a discretionary activity.

(3) In considering an application to which this rule applies, a consent authority will have regard, among other matters, to:

Policies 15 - 20 (efficient and effective use)

Policy 21 (water metering)

Rule 23

(1) This rule applies to the transfer of a consent (not being a deemed permit) to take and use water from one part of the catchment to another, if the transfer does not contravene any of clauses (1) to (3) of Rule 8.

(2) The transfer of a consent to which this rule applies is a non-complying activity.

(3) In considering an application to which this rule applies, the consent authority will have regard, among other matters, to all the policies of this Plan.

Rule 24

Any taking, use, damming, or diversion of water that causes or is likely to cause adverse effects not covered by this Plan is a discretionary activity.

In considering an application to which this rule applies the consent authority will have regard, among other matters, to all the policies of this Plan.

Applications of rules to existing consents

Rule 25

Cross-ref: Policies 2 - 8

(1) This rule applies to the extent that the exercise of an existing water permit (not being a deemed permit) in compliance with its conditions would contravene Rule 2.

(2) By section 68(7) of the RMA, Rule 2 shall affect the exercise of an existing water permit to which this rule applies:

(i) in the Maerewhenua catchment, from the expiry of 7 years after the day on which this Plan becomes operative;

(ii) except in the Maerewhenua catchment, from the expiry of 5 years after the day on which this Plan becomes operative.