Schedule 1

Section 4

AN AGREEMENT made this Eighteenth day of September One thousand nine hundred and fifty‑seven BETWEEN THE COMMONWEALTH OF AUSTRALIA of the first part, THE STATE OF NEW SOUTH WALES of the second part, and THE STATE OF VICTORIA of the third part:

WHEREAS the Authority was constituted by the Snowy Mountains Hydro‑electric Power Act 1949 of the Commonwealth: AND WHEREAS for the purpose of performing its functions under section 16 of the Act the Authority has power to construct, maintain, operate, protect, manage and control works for the collection, diversion and storage of water in the Area, for the generation of electricity in the Area, and for the transmission of electricity so generated: AND WHEREAS one of the necessary results of the construction and operation of those works will be the diversion inland into the Murray or Murrumbidgee River systems or both of a substantial flow of water which has been flowing to the sea in the Snowy River in the State of Victoria: AND WHEREAS much of the augmented flow of the Murray and Murrumbidgee River systems would be wasted unless storage works are constructed and operated so as to regulate further the flow of both rivers and make increased supplies of water available for irrigation: AND WHEREAS the Governments of the States have set up Electricity Commissions with power to generate and supply electricity, and, inter alia, to purchase electricity: AND WHEREAS at a conference between Ministers of the Commonwealth and of the States held in Canberra on the thirteenth day of July, One thousand nine hundred and forty‑nine, certain resolutions were adopted with respect to the development and use of the water resources of the Area for the generation of electricity and, as consequential thereon, for the provision of water for irrigation and the sharing of the waters between the States: AND WHEREAS those resolutions contemplated, among other things, that the following works for the collection, storage and diversion of water would be carried out in their entirety, namely:—

(a) a dam on the Eucumbene River (a tributary of the Snowy River), near Adaminaby, for the storage of waters of the Eucumbene River and of any waters conveyed from the catchments of other rivers to the storage provided by that dam;

(b) a tunnel primarily for the diversion from the storage dam on the Eucumbene River to the Tumut River catchment of waters of the Eucumbene River (estimated at a net average volume of approximately 235,000 acre‑feet of water per annum), but also for the diversion of such other waters as are conveyed, by that tunnel or by other means, to the storage provided by that dam;

(c) a dam on the Snowy River, near Jindabyne, for the storage of waters of the Snowy River and of any waters conveyed from the catchments of other rivers to the storage provided by that dam;