(b) after the Basin Plan takes effect—the sum of the amounts determined for New South Wales, Victoria and South Australia in accordance with the Basin Plan.
102B Setting aside water for Critical Human Water Needs
(1) By 31 May in each year, New South Wales, Victoria and South Australia must each tell the Authority what volume of water the State has set aside to meet critical human water needs in the following year, and the present location of that water.
(2) Within 21 days after receiving information from a State under subclause (1), or a longer time agreed between the Authority and the State, the Authority must satisfy itself that the information given by the State is correct.
(3) If the Authority is not satisfied that the information given by a State is correct, it must tell the State of that fact and of any correction proposed by the Authority.
(4) If the State and the Authority fail to agree whether any, and if so what, correction is required within 14 days after the Authority has told the State under subclause (3), the Authority or the State may refer the matter to the Committee, which must determine the matter.
102C Need for advances
(1) From time to time during each year the Authority must, after allowing for the volume of current conveyance water, determine whether each State has sufficient water available for distribution to it to allocate at least the volume set aside by it under clause 102B for critical human water needs in the year.
(2) If the Authority determines that a State does not have sufficient water available for subclause (1), it must tell the Committee:
(a) its estimate of the shortfall; and
(b) which State or States are appropriate to advance water towards meeting the shortfall; and
(c) the volume of the advance required from the State or States for the purpose.
(3) The Committee may determine whether an advance is required from one or more of the States to meet any shortfall mentioned in subclause (2), and the volume of the advance.
(4) If the Committee determines that an advance to a State is required under subclause (3), the Authority must, without increasing the total volume of water available for distribution:
(a) increase the water available for distribution to that State by the volume of the advance determined by the Committee; and
(b) decrease the water available for distribution to the other States by the same volume.
102D Conveyance Reserve
(1) At intervals no greater than once every 2 months, the Authority must determine the conveyance reserve to be held at the end of the following May, in accordance with this clause.
(2) The conveyance reserve is the lesser of:
(a) the following:
(i) before the Basin Plan takes effect—225 000 megalitres; and
(ii) after the Basin Plan takes effect—the volume determined in accordance with the Basin Plan; and
(b) the volume for distribution determined under paragraph 102 (c)
less
the volume of critical human water needs determined under subclause 102A (1)
plus the following:
(i) the Authority’s estimate of the minimum flow of water into the River Murray from the sources referred to in paragraph 94 (1) (d);
(ii) the volume calculated under clause 8 of Schedule F;
(iii) any water stored by South Australia under subclause 91 (2).
(3) If the result of a calculation made under subclause (2) is less than zero, the conveyance reserve must be taken to be zero.
(4) The Authority must, from time to time, determine the contribution to be made by each of New South Wales, Victoria and South Australia to the conveyance reserve.
103. Minimum Reserve
(1) From time to time the Authority must determine, in accordance with the formula set out in sub‑clauses (2) and (3), the minimum reserve to be held at the end of the following May.
(2) Unless the Ministerial Council determines otherwise, the minimum reserve must be the lesser of:
(a) one third of the water available determined under paragraph 102 (c)
less
the sum of the monthly entitlements of South Australia under paragraph 88(a) up to the end of the following May
less
one third of the conveyance reserve determined under clause 102D
plus
the sum of any imbalance of use during a period of special accounting calculated under clause 126; and
(b) 835 000 megalitres.
(3) If the minimum reserve determined under paragraph (2)(a) is less than zero, then the minimum reserve shall be deemed to be zero.
(4) Unless the Ministerial Council determines otherwise, the first 250,000 megalitres of any minimum reserve shall be held in Lake Victoria.
(5) When considering:
(a) whether to make a determination under either of sub‑clauses (2) or (4); and
(b) the substance of any determination under either of sub‑clauses (2) or (4),
the Ministerial Council:
(c) must have regard to the provisions of the Basin Plan, and in particular, to such of those provisions that are required by Part 2A of the Water Act;
(d) before the Basin Plan first takes effect, must take into account the requirements for conveyance water and seek the advice of the Authority in relation to those requirements.
104. Use of State Works to Convey Murray Water
The Authority may arrange for water to be conveyed from one part of the upper River Murray to another via works under the control of a State Contracting Government, on such terms as may be agreed between the Authority and that State Contracting Government.
SUBDIVISION D—WATER ACCOUNTING
105. General
The following provisions give effect to the principles set out in the preceding Subdivisions of this Division.
106. Allocation of Water to New South Wales and Victoria
(1) In respect of any period:
(a) the natural flow of the River Murray at Doctors Point; and
(b) the volume of water calculated in accordance with clause 10 of Schedule F,
must be allocated between New South Wales and Victoria as provided in sub‑clause (2).
(2) The quantity of water estimated for any month in accordance with sub‑clause (1) shall be allocated as follows:
(a) for any of the months from May through to August inclusive, the whole quantity shall be allocated half each to New South Wales and Victoria; and
(b) for any of the months from September through to April inclusive ‑
(i) whenever Victoria is subject to a period of special accounting, the first 12,900 megalitres per month (being equivalent to the ceding by Victoria to New South Wales of a volume of 6,450 megalitres per month); and
(ii) at any other time, the first 16,700 megalitres per month (being equivalent to the ceding by Victoria to New South Wales of a volume of 8,350 megalitres per month),
shall be allocated to New South Wales, and the remainder shall be allocated half each to New South Wales and Victoria.
107. Allocation of Water in Menindee Lake Storage
(1) Half the water entering the Menindee Lakes Storage from the Darling River is allocated to New South Wales and half to Victoria.
(2) Of the water allocated to Victoria and stored in the Menindee Lakes Storage, Victoria must cede 4,170 megalitres each month to New South Wales.
108. Tributary Inflows
(1) The quantity of water which in any period enters the upper River Murray downstream of Doctors Point from a tributary, or from any artificial outfall approved by the Ministerial Council for the purposes of this clause, other than quantities referred to in clause 107, is allocated to the State from which the water enters the upper River Murray.
(2) The volume of water calculated in accordance with sub‑clause 11(1) of Schedule F is allocated to New South Wales.
(3) The volume of water calculated in accordance with sub‑clause 11(2) of Schedule F is allocated to Victoria.
109. Use by New South Wales and Victoria of Allocated Water
New South Wales and Victoria are respectively deemed to use the quantity of water:
(a) diverted from the upper River Murray by an offtake under the jurisdiction of that State, unless the Ministerial Council determines otherwise; and
(b) calculated under sub‑clause 12(1) of Schedule F, in the case of New South Wales; and
(c) calculated under sub‑clause 12(2) of Schedule F, in the case of Victoria.
110. Losses
(1) Subject to subclause (1A), any water that is lost by evaporation or other means from the upper River Murray is taken to have been used by New South Wales or Victoria.
(1A) Any loss by evaporation, or by other means, of deferred water held in a major storage is taken to have been used by South Australia.
(2) For subclause (1), unless otherwise determined by the Ministerial Council:
(a) losses attributable to evaporation from a major storage will be deemed to have been used in proportion to the quantities of water allocated to New South Wales or Victoria in that storage;
(b) losses attributable to an unregulated flow in any part of the upper River Murray will be deemed to have been used in proportion to the flow allocated to New South Wales or Victoria in that part of the river;
(c) all other losses will be deemed to have been used half each by New South Wales and Victoria.
(3) For the purposes of this clause an “unregulated flow” means a flow which has not been planned by the Authority.
111 New South Wales’ and Victoria’s Supply to South Australia
(1) For the purposes of this Subdivision:
(a) any water supplied in any month to South Australia which it is entitled to receive in that month under clause 88 or 90 is taken to be provided by New South Wales and Victoria in equal proportions; and
(b) any water stored by South Australia under clause 91 of the Agreement is taken to be provided by New South Wales and Victoria in equal proportions, at the time when that water is stored in accordance with Schedule G.
(2) The Authority must make appropriate adjustments to the allocation of water to New South Wales and Victoria in the upper River Murray so as to give effect to those States’ obligations under clause 96.
112. Commencement of Continuous Accounting of Carryover of Stored Water
Half the water in each major storage on 1 December 1989 is deemed to have been allocated to New South Wales and half to Victoria.
113. Reallocation of Water Between New South Wales and Victoria
(1) By agreement between New South Wales and Victoria, any quantity of water allocated to one of those States and in store in any of the upper River Murray storages or in transit in a specified part of the upper River Murray, may be exchanged for a quantity of water allocated to the other State and in store in another of the upper River Murray storages or in transit in another specified part of the upper River Murray, if such an exchange of water does not prejudice the entitlement of South Australia.
(2) The Authority may at any time, with the consent of either New South Wales or Victoria, determine that certain quantities of water in transit in the upper River Murray are surplus to the requirements of that State and reallocate the whole or part of such quantities from that State to the other State.
114. Efficient Regulation of the River Murray
Any water used by either New South Wales or Victoria or supplied to South Australia by either of those States is deemed to be provided from water allocated to that State and the Authority may, as necessary to ensure the availability of appropriately allocated water at the place of such use or supply, reallocate quantities of water in the upper River Murray but must not thereby alter the total quantities of water allocated to New South Wales or Victoria respectively, in the upper River Murray.
115. Accounting Procedures
Subject to clauses 112, 113, 114, 116 and 121, the quantity of water in any part of the upper River Murray and which is allocated to either New South Wales or Victoria is deemed:
(a) to increase in any period by the quantity of water allocated to that State flowing into that part in that period; and
(b) to decrease in any period by any quantities of water ‑
(i) used by that State by way of diversion or loss from that part in that period; or
(ii) passed from that part in that period for ‑
• downstream use by that State,
• supply by that State to South Australia,
• conveyance to another part of the upper River Murray as water allocated to that State; or
(iii) released from that part in that period and determined under clause 122 to be a release of water allocated to that State; or
(iv) spilled from that part in that period and deemed under clause 117 to be a spill of water allocated to that State.
116. Internal Spills
(1) In any major storage, water allocated either to New South Wales or Victoria must be re‑allocated to the other State to prevent the quantity of water allocated to either State in the storage exceeding half the lesser of:
(a) the target capacity of the storage; or
(b) the quantity of water stored when releases are being made for flood mitigation.
(2) In Hume and Lake Victoria, “target capacity” means the capacity of the reservoir at the Full Supply Level.
(3) In Dartmouth “target capacity” means the lesser of:
(a) the capacity of the reservoir at the Full Supply Level; or
(b) the quantity of water stored when water is being released through the hydro‑electric power station and the storage level is above the level specified by the Ministerial Council for the operation of the power station.
(4) In Menindee Lakes “target capacity” means the greater of the capacity:
(a) at the Full Supply Level; or
(b) at such higher level as may be determined from time to time by the Ministerial Council.
(5) When water in Dartmouth Reservoir is to be re‑allocated under sub‑clause (1) and there is capacity in Hume Reservoir available to the State from which water is to be re‑allocated to store some or all of the re‑allocated water, a compensating adjustment must be made in Hume Reservoir so that the accounts of the State from which the water is to be re‑allocated in Dartmouth Reservoir are not thereby reduced.
117. Accounting for Spill from Storages
Any quantity of water spilled from any of the upper River Murray storages, including water released solely to provide space for the retention of floodwaters, is deemed to be water spilled out of the waters allocated to New South Wales or Victoria respectively, in such proportions as minimizes the re‑allocation of water under sub‑clause 116(1).
118. Accounting for Releases from Dartmouth Reservoir
(1) Whenever the storage level in Dartmouth Reservoir is above the level determined for the purposes of this sub‑clause by the Ministerial Council, releases made from Dartmouth Reservoir through the hydro‑electric power station will be deemed to be spills and will be accounted for as provided in clause 117.
(2) No release from Dartmouth Reservoir will be attributable to the allocation of water to New South Wales or Victoria if the quantity of water in Dartmouth Reservoir allocated to that State is less than or equal to half the minimum operating storage in the reservoir.
(3) Releases from Dartmouth Reservoir other than those covered by sub‑clauses (1) and (2) will be attributable to the allocation of water to New South Wales or Victoria in such proportions as tend most to equalize the quantities of water allocated to those States in Hume Reservoir.
119. Accounting for Releases from Hume Reservoir
(1) Any release made from Hume Reservoir for the deliberate purpose of transferring water to Lake Victoria for use at a later date will be attributable to the allocation of water to New South Wales or Victoria in such proportions as tend most to equalize the quantities of water allocated to the respective States in Lake Victoria and the Menindee Lakes Storage.
(2) Releases from Hume Reservoir other than those covered by sub‑clause (1) will be attributable to the allocation of water to New South Wales or Victoria in such proportions as satisfy the expected downstream water requirements of each State.
120. Accounting for Releases from Menindee Lakes Storage
(1) For the purposes of this clause releases from Menindee Lakes Storage consist of:
(a) water required to maintain a flow throughout the main course of the Darling River downstream of Menindee Lakes;
(b) water released to satisfy use by New South Wales in the main course of the Darling River downstream of Menindee Lakes;
(c) water released through the Lake Cawndilla Outlet Regulator;
(d) water released down the main course of the Darling River downstream of Menindee Lakes Storage to satisfy directions given by the Authority under sub‑clause 98(1);
(e) any other water released from the Menindee Lakes Storage which can be used either to supply South Australia’s entitlement under clause 88 or 90 or to supply water to Lake Victoria.
(2) Whenever New South Wales is using water pursuant to sub‑clause 95(1) all release from Menindee Lakes Storage will be attributed to the allocation of water to New South Wales.
(3) Whenever sub‑clause 95(1) does not apply to the use of water by New South Wales from the Menindee Lakes Storage:
(a) releases under paragraph (1)(a) will be attributed equally to the allocations of water to New South Wales and Victoria;
(b) releases under paragraph (1)(b) and (1)(c) will be attributed to the allocation of water to New South Wales;
(c) releases under paragraph (1)(d) and (1)(e) will be attributed to the respective allocations of New South Wales and Victoria in such proportions as tend most to equalize the water in Lake Victoria allocated to each State, provided that such proportions do not ‑
(i) cause the water allocated either to New South Wales or to Victoria to fall below 240,000 megalitres;
(ii) cause water to be re‑allocated between the States under clause 116.
121. Reallocation of Water in Menindee Lakes Storage