Division 3Control by Commission

Division 3—Control by Commission

Commission’s role in operation of storages

81. (1) Release of water from the upper river storages shall be in accordance with such directions as the Commission may issue from time to time. Without limiting the generality of clauses 43 and 45, the Commission may issue such directions in the form of standing procedures and, subject to clause 84, may at any time amend or suspend the whole or any part of such procedures.

SCHEDULE—continued

(2) In determining any direction to be issued under this clause—

(a) the Commission shall have regard to—

(i) maintaining the supply to the State of South Australia of the quantities of water that that State is entitled to receive,

(ii) maintaining a reserve of water as provided for in clause 85, and

(iii) facilitating the exercise by the upper States, as they require, of their respective rights to use water from the upper river, and

(b) subject to clause 83, the Commission may have regard to—

(i) the improvement or maintenance of the quality of the waters in the upper river or in the River Murray downstream of the eastern boundary of the State of South Australia, and

(ii) the pursuit of any other water management objectives consistent with this Agreement.

Limitations on Menindee Lakes operation

82. (1) No direction under clause 81 shall require the release of water from the Menindee Lakes Storage at any time after the volume of water stored therein is reduced to less than 480,000 megalitres until that volume next exceeds 640,000 megalitres.

(2) Any direction of the Commission requiring the release of water from the Menindee Lakes Storage when sub-clause 82 (1) does not apply, shall be determined by a majority vote of the four Commissioners or, if the four Commissioners are equally divided, by the casting vote of the Commissioner for the Commonwealth.

Accounting for releases for dilution

83. (1) No direction under clause 81 issued solely for the purposes referred to in paragraph 81 (2) (b) shall require the release of water from any upper river storage, unless—

(a) the release of water is in accordance with sub-clause 83 (2) or 83 (3), or

(b) the Commission has determined how much of the volume to be released under its direction is to be contributed from water allocated respectively to the States of New South Wales and Victoria. In such a determination the Commission shall have consideration to the quality of the water entering the upper river below Doctors Point.

(2) The flow passing Torrumbarry Weir shall, as far as possible, be regulated so as to prevent the electro-conductivity of the river water at Swan Hill exceeding 500 microsiemens per centimetre at twenty-five degrees Celsius, but, unless the Commission directs otherwise, such flow shall not be required to exceed 3,900 megalitres per day except when needed to meet downstream water requirements.