Connectivity and Australian State/Territory water policy

Under the Australian constitution, natural resource management is the responsibility of the States and Territories, each of which has adopted water reform processes suitable for their jurisdictions. The National Groundwater Committee has compiled the status of policies, regulations and legislation relevant to conjunctive water management operating under State and Territory jurisdictions in Australia, as summarised below (NGC, 2004):

Western Australia

Water Act treats surface water and groundwater separately.
The Act treats water resources as three entities: water in a watercourse, water in wetlands and groundwater. The Act also differentiates between 'certain surface waters' (water in proclaimed areas) and 'other surface waters' (water in non-proclaimed areas).
Separate groundwater and surface water management plans at local and subregional scale but regional plans may combine surface water and groundwater.
Highly connected systems in some areas but little opportunity for widespread conjunctive use management because there are few places where fresh surface water/groundwater interact. Where the interactions occur, water quality is poor, quantities are not economical and interactions are intermittent.
Groundwater and surface water are not traded via a common market.

South Australia

Water Act recognises groundwater, water in watercourses and surface water flowing across land able to be captured in dams.
The Act recognises the inter-relationship between groundwater and surface water with respect to impacts.
Hydraulic connection between surface water and groundwater is implied.
Water use may be restricted if taking surface water impacts on groundwater recharge or if taking groundwater impacts on surface water quality.
Water allocation plans for prescribed (licensed) areas include surface water, watercourses and groundwater in one plan.
Groundwater and surface water are not traded via a common market.
Surface water is piped for aquifer storage and recovery (ASR) scheme.

Queensland

Water Act does not separate surface water and groundwater and is not a constraint to integrated management.
One water resource plan for a catchment that includes both surface water and groundwater.
Recent changes to the Water Act have split former conjunctive licences (one licence for both surface water and groundwater) into separate surface water and groundwater resources that are being dealt with in the planning process to attribute the take against a particular water resource.
Groundwater and surface water are not traded via a common market.

Tasmania

Only surface water licensed and actively managed but may be easier to implement conjunctive use management as could be regarded as extension of surface water management.
Water use can be restricted if water quality of either resource is compromised.
A water management plan may be prepared for water resources 'joined naturally' and the Act provides for the consideration of the effects of water resource use on 'other linked water resources'.
Groundwater not licensed, and therefore cannot be traded.

Australian Capital Territory

Water Act does not separate surface water and groundwater and is not a constraint to integrated management.
One water resources management plan for the ACT that includes both surface water and groundwater.
Allocations do not separate surface water and groundwater.
Licences to take water may be surface water, groundwater or both. If both, separate limitations on volume may apply to each source.
Groundwater and surface water are not traded via a common market.

Northern Territory

Under the Act water must be allocated within the estimated sustainable yield of both surface water and groundwater to the declared beneficial uses in a water control district.
Act treats surface water and groundwater separately from a licensing aspect.
Surface water licensing discusses material effects on river flow but not on groundwater.
Where a water allocation plan has been declared, the right to take or use water is able to be traded.
The different time scales on the impacts of extraction from bore pumps and river pumps on river flow need to be taken into account when determining the sustainable yield of a coupled groundwater / river system.
Groundwater and surface water are not traded via a common market.

Victoria

Water Act designed to enable integrated management of surface water and groundwater "to provide for the integrated management of all elements of the terrestrial phase of the water cycle" and "to eliminate inconsistencies in the treatment of surface water and groundwater resources and waterways".
Plan may relate to groundwater, surface water or both.
Minister may declare a total annual volume of water for an area that may be taken whether surface water, groundwater or both.
Limits have not yet been set but the intent is to do so in the future.
The current limits have not been set under the new legislative framework.
It is likely however that the new limits will relate separately to groundwater and to surface water but not to the combined resource.
No instances of interchangeable transfers between surface water and groundwater. This will be addressed in the future.

New South Wales

Act allows managing surface water and groundwater separately.
Water sharing plans may be surface water, groundwater or both.
It is state policy to manage water in an integrated way through linkages between the different plans.
A policy has been developed for managing unregulated streams that are highly connected to groundwater.
Work is continuing on a policy for regulated rivers that are highly connected to groundwater.
No trades between surface water and groundwater to date.
Trades between the two sources are like to be permitted in the future for highly connected systems.

References

NGC, 2004. Surface water-groundwater integration and legislative constraints. National Groundwater Committee

Water Policy