At the conclusion of any period during which New South Wales is using water pursuant to sub‑clause 95(1), the quantities of water stored in the Menindee Lakes Storage and allocated respectively to New South Wales and Victoria must be adjusted so that the difference between those quantities is the same as the difference in the allocated quantities at the beginning of that period.
122. Accounting for Dilution Flows
(1) Whenever the Authority directs under clause 98 that the flow of water is to exceed the water order at a particular point, unless the Ministerial Council determines otherwise, the proportion of the water order attributed respectively to New South Wales and Victoria must be increased by such amounts as tend most to equalise the respective allocations to New South Wales and Victoria of the total flow at that point.
(2) For the purpose of this clause the “water order” is the flow of water at a particular point which is necessary:
(a) to meet diversions by New South Wales and Victoria, losses and dilution flows downstream of that point;
(b) to meet South Australia’s entitlement; and
(c) to supply storages downstream of that point.
SUBDIVISION E—PERIODS OF SPECIAL ACCOUNTING
123. Declaration of Periods of Special Accounting
(1) Unless the Authority is satisfied that the reserve allocated to either New South Wales or Victoria at the end of the following May will be greater than 1,250,000 megalitres, the Authority must declare a period of special accounting between that State and South Australia.
(2) A period of special accounting:
(a) may be declared at any time after the end of July in any year and before the end of May in the following year;
(b) unless the Ministerial Council decides otherwise, will be deemed to have commenced on 1 August in that year, whenever it is in fact declared.
(3) In calculating a reserve referred to in subclause (1), the Authority must disregard any deferred water and any conveyance reserve held in a major storage.
124. Variation of Navigation Depths During Restrictions
The Authority may vary the depth of water to be maintained immediately downstream of a lock under sub‑paragraph 68(1)(b)(i), during any period of special accounting.
125. Special Accounts to be Kept
Throughout any period of special accounting declared for New South Wales or Victoria, separate accounts must be kept by the Authority of:
(a) all water diverted from the upper River Murray by the State;
(b) the difference between ‑
(i) the sum of all water entering the Upper River Murray downstream of Doctors Point from ‑
• any tributary within that State other than the River Darling, and
• any artificial outfall from that State approved by the Ministerial Council for the purposes of clause 108; and
(ii) any water allocated to that State which flows to South Australia in excess of South Australia’s entitlement under clause 88 or 90.
If (ii) exceeds (i), the account kept under this paragraph must be set at zero;
(c) all water allocated to that State which is supplied by it to meet South Australia’s entitlement under paragraph 88(a).
126. Imbalance in Use
The imbalance in use between either New South Wales or Victoria and South Australia in a period of special accounting is to be calculated as follows:
One‑third of the amount calculated under paragraph 125(a)
less:
One‑third of the amount calculated under paragraph 125(b)
less:
Two‑thirds of the amount calculated under paragraph 125(c).
127. Limits on Imbalance in Use
On May 31 in any period of special accounting, the accounts kept under clause 125 must be adjusted by the Authority to ensure that the imbalance in use calculated under clause 126 is:
(a) less than one‑third; and
(b) greater than minus two‑thirds,
of the difference between 1,250,000 megalitres and the reserve allocated to New South Wales or Victoria, as the case may require.
128. Restrictions on South Australia’s Entitlement
(1) Subject to subclause 102C (4), in a period of special accounting, instead of the amounts set out in paragraph 88(a), South Australia is entitled to receive, before the end of the following May, the lesser of:
(a) the sum of the monthly quantities set out in paragraph 88(a); and
(b) one‑third of the available water determined under paragraph 102 (c)
less
one‑third of the conveyance reserve determined under subclause 102D(1)
plus
any imbalance in use calculated under clause 126.
(2) South Australia may decide how to apportion any entitlement under sub‑clause 128(1) between each month provided that the quantity in any month must not exceed that specified in paragraph 88(a).
129. Termination of Periods of Special Accounting
The Authority must terminate a period of special accounting declared for New South Wales or Victoria whenever it is satisfied that the reserve allocated to that State at the end of the following May will be greater than 1,250,000 megalitres.
SUBDIVISION F—ACCOUNTING FOR SOUTH AUSTRALIA’S STORAGE RIGHT
130 Accounting for South Australia’s Storage Rights
(1) South Australia’s storage rights are set out in Schedule G.
(2) The Ministerial Council may, at any time, ask the Authority to prepare a draft amendment to Schedule G and the Authority must comply with the request.
(3) The Authority may also prepare a draft amendment to Schedule G in accordance with that Schedule or clause 142.
(4) The Authority must give any draft amendment to the Committee.
(5) After considering the draft amendment, the Committee must submit to the Ministerial Council:
(a) the draft amendment; and
(b) the Committee’s advice about the draft amendment.
(6) After receiving the draft amendment and the advice of the Committee, the Ministerial Council may:
(a) approve the draft amendment with or without alteration; or
(b) refer the draft amendment back to the Authority for further consideration.
(7) When an amendment is approved by the Ministerial Council under paragraph (6) (a), the amendment:
(a) becomes part of the Agreement; and
(b) takes effect in accordance with subclause 5 (2).
(8) Schedule G, whether or not amended under this clause, must:
(a) set out rules for giving effect to and accounting for South Australia’s storage rights under clause 91; and
(b) define what constitutes an effect on water availability and storage access for clause 91.
(9) Without limiting subclause (8), Schedule G, whether or not amended under this clause, must contain rules that are necessary to ensure that:
(a) South Australia can exercise its storage rights to meet critical human water needs under subclause 91 (1) in a way that does not affect the water availability for New South Wales or Victoria that would have existed under this Agreement had it not been for the exercise by South Australia of its rights under that clause; and
(b) South Australia can exercise its storage rights for private carry‑over under subclause 91 (2) in a way that does not affect the water availability or storage access for New South Wales or Victoria that would have existed under this Agreement had it not been for the exercise by South Australia of its rights under that clause; and
(c) if possible, water stored under clause 91 that is spilled from a storage, is re‑regulated for subsequent use by South Australia; and
(d) if the Authority determines at any time that an effect mentioned in paragraph (8) (b) has occurred, the Authority must immediately adjust the accounts maintained under subclause (11) to correct the effect.
(10) A rule mentioned in subclause (9) may have the effect of adding to, derogating from or otherwise altering any provision of this Division.
(11) The Authority must keep the separate accounts required to be kept by Schedule G.
(12) The Authority:
(a) may prepare draft rules:
(i) to implement the provisions of clause 22 of Schedule G relating to the attribution of incremental evaporative losses to South Australia; and
(ii) to account for transmission losses when flows are only partly contained within river channels; and
(iii) otherwise to implement the provisions of Schedule G; and
(b) may prepare draft amendments to any rules approved by the Ministerial Council under subclause (13); and
(c) must give any draft rules and draft amendments prepared under paragraph (a) or (b) to the Ministerial Council.
(13) The Ministerial Council may:
(a) approve any draft rules or amendments prepared under subclause (12), with or without amendments; or
(b) refer the draft rules or amendments back to the Authority for further consideration.
DIVISION 2—TIER 2 DISTRIBUTION OF WATERS TO ENSURE CRITICAL HUMAN WATER NEEDS
131. Application of Division 2
(1) This Division applies:
(a) in the circumstances specified in the Basin Plan; and
(b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub‑clause (3) that this Division applies; and
(c) from the time this Agreement comes into effect.
(2) Once this Division has commenced application in accordance with sub‑clause (1), it will cease to apply:
(a) once the conditions specified in the Basin Plan are satisfied; or
(b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.
(3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan first takes effect if the Ministerial Council is satisfied that during that period, the provisions of Division 1 of this Part will not or are not likely to ensure that there will be enough water to meet conveyance water needs.
132. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council
While this Division applies, the provisions of:
(a) Division 1 of this Part; and
(b) Part XIV of this Agreement and Schedule F,
apply subject to:
(c) the provisions of the Schedule made under clause 135, and any determination of the Ministerial Council made in accordance with that Schedule; or
(d) during the period before the Schedule is made under clause 135 and before the Basin Plan first takes effect, any agreement by First Ministers of the Contracting Governments.
DIVISION 3—TIER 3 DISTRIBUTION OF WATERS IN EXTREME OR UNPRECEDENTED CIRCUMSTANCES
133. Application of Division 3
(1) This Division applies:
(a) in the circumstances specified in the Basin Plan; and
(b) in a period before the Basin Plan first takes effect, if the Ministerial Council declares in accordance with sub‑clause (3) that this Division applies.
(2) Once this Division has commenced application in accordance with sub‑clause (1), it will cease to apply:
(a) once the conditions specified in the Basin Plan are satisfied; or
(b) in the period before the Basin Plan first takes effect, at a time declared by the Ministerial Council.
(3) The Ministerial Council may declare that this Division applies during a period before the Basin Plan is adopted, but may only do so if satisfied that during that period, any one or more of the following applies:
(a) there are extreme and unprecedented low levels of water availability; or
(b) there is extreme and unprecedented poor water quality in the water available to meet critical human water needs; or
(c) there is an extremely high risk that water will not be available to meet critical human water needs during the next 12 months.
134. Distribution of Waters Subject to Schedule and Determinations of Ministerial Council1
(1) While this Division applies, the provisions of Division 1 of this Part, and of Part XIV and Schedule F of this Agreement, apply subject to:
(a) the Schedule made under clause 135; and
(b) any determination of the Ministerial Council made in accordance with this clause.
(2) For the purposes of this Division, the Ministerial Council may make determinations about the way in which State water entitlements will be determined, delivered and accounted for.
(3) The Ministerial Council:
(a) may determine that any provision of—
(i) Division 1 of this Part; or
(ii) Part XIV or Schedule F of this Agreement; or
(iii) the Schedule made under clause 135,
applies, or does not apply, or applies to a specified extent or in specified circumstances; or
(b) may make a determination about any matter the subject of a provision referred to in paragraph (a) that is additional to, substituted for or contrary to any such provision.
DIVISION 4—SCHEDULE FOR WATER SHARING
135 Schedule for water sharing
(1) During any period when Division 2 or Division 3 of this Part applies, State water entitlements will be determined, delivered and accounted for in accordance with Schedule H.
(2) The Ministerial Council may, at any time, request the Authority to prepare a draft amendment to Schedule H and the Authority must comply with that request.
(3) The Authority may also prepare a draft amendment to Schedule H in accordance with that Schedule or clause 142.
(4) The Authority must give any draft amendment to the Committee.
(5) After considering the draft amendment, the Committee must submit to the Ministerial Council:
(a) the draft amendment; and
(b) the Committee’s advice about the draft amendment.
(6) After receiving the draft amendment and the advice of the Committee, the Ministerial Council may:
(a) approve the draft amendment with or without alteration; or
(b) refer the draft amendment back to the Authority for further consideration.
(7) When an amendment is approved by the Ministerial Council under paragraph (6) (a), the amendment:
(a) becomes part of the Agreement; and
(b) takes effect in accordance with subclause 5 (2).
(8) Schedule H, whether or not amended under this clause, must set out the way in which State water entitlements will be determined, delivered and accounted for during a period in which either Division 2 or Division 3 of this Part applies.
(9) Without limiting other provisions of this clause, Schedule H, whether or not amended under this clause, may provide that:
(a) any provision of the following does not apply, or applies to a specified extent or in specified circumstances:
(i) Division 1 of this Part;
(ii) Part XIV or Schedule F of this Agreement; or
(b) any provision mentioned in paragraph (a) may be determined by the Ministerial Council to apply, or to apply to a specified extent or in specified circumstances; or
(c) the Ministerial Council:
(i) must exercise a discretion provided in Division 1 of this Part in a specified way or at a specified time; or
(ii) may make a determination about any matter the subject of a provision of Division 1 of this Part or Part XIV or Schedule F of this Agreement that is additional to, substituted for or contrary to the provision.
(10) Schedule H, whether or not amended under this clause, must be prepared on the basis that the Contracting Governments have agreed as follows:
(a) that critical human water needs are the highest priority water use for communities who are dependent on Basin water resources;
(b) in particular that, to give effect to this priority, conveyance water required to meet critical human water needs will receive first priority from the water available in the River Murray System;
(c) that each State Contracting Government will be responsible for meeting critical human water needs in its State, and will decide how water from its entitlement is used.
(11) After the Basin Plan takes effect, any amendment to Schedule H must have regard to the provisions of the Basin Plan and, in particular, to provisions required by Part 2A of the Water Act.
(12) The Ministerial Council must review Schedule H:
(a) from time to time; and
(b) at least once for each period in which Division 3 of this Part applies.
(13) The Authority must keep the separate accounts required to be kept by Schedule H.
(14) The Authority:
(a) must prepare, and give to the Ministerial Council, draft rules to ensure that, subject to the storage rights of South Australia mentioned in paragraphs 130 (9) (a) and (b), each State is able to carry over a volume of water equivalent to 150% of its annual critical human water needs requirement; and
(b) may prepare, and give to the Ministerial Council, draft rules:
(i) for the Authority to determine the worst‑case planning inflow sequence for Schedule H; and
(ii) for the Committee to determine the volume of water that will be made available by any proposed remedial action under subclause 10 (8) of Schedule H; and
(iii) otherwise to implement the provisions of Schedule H; and
(c) may prepare, and give to the Ministerial Council, draft amendments to any rules approved by the Ministerial Council under subclause (15).
(15) The Ministerial Council may:
(a) approve any draft rules or amendments prepared under subclause (14), with or without amendments; or
(b) refer the draft rules or amendments back to the Authority for further consideration.
PART XIII—MENINDEE LAKES STORAGE
136. Maintenance of Menindee Lakes Storage
New South Wales must maintain the Menindee Lakes Storage and associated works in the good order and condition necessary to meet the full supply levels and storage capacities referred to in clause 137.
137. Full Supply Levels
For the purposes of this Agreement, and unless otherwise agreed between New South Wales and the Authority by the exchange of letters between them, the full supply levels of the Menindee Lakes Storage will be:
Lake Wetherell ‑ Elevation 61.7 Australian Height Datum
Lake Pamamaroo ‑ Elevation 60.4 Australian Height Datum
Lake Menindee ‑ Elevation 59.8 Australian Height Datum
Lake Cawndilla ‑ Elevation 59.8 Australian Height Datum
corresponding to a total storage capacity of approximately 1 680 000 megalitres.
138. Financial Contributions of Authority
Each year the Authority must pay New South Wales:
(a) $320,000 in equal instalments at the end of each quarter; and
(b) three quarters of the costs of operating and maintaining the Menindee Lakes storage,