Division 5Periods of Restriction

Division 5—Periods of Restriction

Declaration of restrictions

104. The Commission may at any time declare a period of restriction for a specified period of whole months ending not before the 31st day of May next ensuing and may subsequently amend any such declaration, but the Commission shall declare a period of restriction unless it is satisfied that the quantities of water available for release at the direction of the Commission from the upper river storages will not be, at the 31st day of May then next ensuing, below 2,500,000 megalitres of which not less than 250,000 megalitres will be in Lake Victoria or unless it resolves that it is not necessary to do so.

Variation of navigation depths during restrictions

105. When a period of restriction has been declared by the Commission pursuant to clause 104, the Commission may vary the provisions of clause 45 respecting the depth of water to be maintained at the locks constructed pursuant to this Agreement or the former Agreement.

Water under the control of the Commission

106. For the purposes of this Division, “water under the control of the Commission” means the aggregate of—

(a) the water stored in the Hume and Dartmouth Reservoirs at the commencement of the period of restriction;

(b) the water stored in Lake Victoria at the commencement of the period of restriction;

(c) the water available for release from the Menindee Lakes Storage at the direction of the Commission in accordance with clause 82 during the period of restriction, after allowing for New South Wales’ prior entitlements under clause 78;

(d) during the period of restriction the runoff from the catchment of the upper river above Doctors Point, excluding water diverted from the Tooma River to the Eucumbene Storage and the Tumut River and from the Geehi River to the Snowy River;

(e) water diverted to the upper river above Doctors Point by works of the Authority during the period of restriction;