Helen Castles, Narrandera Argus

Landholders are voicing their concerns about proposed environmental easements on properties along the Murrumbidgee River under the NSW Government’s Reconnecting Rivers and Landholder Negotiation Scheme (LNS).

The draft LNS Regulation and negotiation guidelines outline the approach the NSW Government will take when negotiating voluntary agreements with landholders affected by future environmental water deliveries at higher flow levels, or under different regimes, than current operating practice.

The government held in-person meetings with Riverina residents at the end of October to listen to feedback on the draft LNS Regulation and provide an update on the Reconnecting River Country Program (RRCP).

Over 80 people attended a session held in Wagga Wagga on October 30.

“This was an important opportunity to hear people’s concerns, answer questions and clear up any misconceptions about the program because we know they still exist in the community,” a spokesperson from the NSW Department of Climate Change, Energy, the Environment and Water said.

“One of our main objectives was to make it very clear to landholders what is and is not being proposed under the RRCP.

“We are seeking to secure flow corridors that would allow the passage of environmental water through the Murray and Murrumbidgee Rivers, connecting vital rivers, floodplains and wetlands which are at risk of destruction due to a changing climate, river regulation and extraction.”

Flow corridors would be established by negotiating voluntary flow easements with landholders.

“Some landholders were concerned that the government would allow public access to land. This is not the case. Flow easements do not give anyone the right to own or access private land. Farmers would continue to own and operate their property as they always have,” the spokesperson said.

“Some residents are concerned about what the environmental flows along the river could look like which is why we want to reassure the community that none of the proposed flows will cause major flooding. In most areas of the program, the flows are below minor flood level.”

The government is currently focusing on developing the program in the Murrumbidgee first and are proposing three flow options between 32,000 and 40,000 ML per day at Wagga Wagga.

“It’s important to note that flows of this size occur regularly and naturally and are significantly lower than the floods of 2010 and 2022 which reached up to 150,000 ML per day at Wagga Wagga,” the spokesperson said.

“The environmental flows we are proposing would occur about three to five times per decade on average and peak for between three to five days in the Murrumbidgee and seven to 21 days in the Murray before the water returns to normal levels. This is consistent with the duration of similar sized flows that occur already from time-to-time.”

The Department said it wants to be clear that not every farmer or landholder along the Murrumbidgee or Murray Rivers would be impacted by environmental flows.

“Although the program is still in the development phase, preliminary figures indicate it is expected to be a small percentage of the people who own land on the river system,” the spokesperson said.

The public feedback period on the LNS Regulation has been extended by three weeks until November 24.

“We heard that the community wanted more time to speak with us which is why we extended the public feedback period,” the spokesperson said.

“We will carefully consider all feedback before making any recommendations to the Australian Government about the next steps. Consultation will continue over the coming months and there will be more opportunities for residents to share their views.”

A ‘What We Heard’ report will also be published that will summarise submissions and outline how feedback was considered.

This information will be taken into account in the development of the Murrumbidgee Final Business Case that will recommend a preferred flow option and a pathway for delivery under the RRCP.

It is due to be submitted to the Australian Government in early 2025 for its consideration.

Tarrabandra landholder Gloria Hourn attended the October 30 information session as well as having government representatives visit her home, but she is in no way sold on the proposed plan.

“I just think it’s wrong,” Mrs Hourn said.

“We go under water here at 2.8 and they are putting in a 6 and 7 metre river height; it washes away roads, fences, I can’t get access to my farm, half my farm is out of practice while that water is up. That’s my income.

“It’s bad enough when these things happen naturally; why are we being expected to deal with this?”

Formed in response to the proposed plan, Save Our River Dwellers (SORD) action group consists of affected Riverina landholders who are asking if the future of farming on river flats is finished.

They say if the government proceeds with the plan, river flat country along the Murrumbidgee and Murray Rivers will instantly loose value.

“Who would want to buy a property that has regular flooding, not due to a weather event, not because of mismanagement of dam capacity but because the government want to,” the group said.

Collingully farmer and spokesperson for SORD Paul Funnell said it is a fundamental property rights issue.

“This affects everyone’s livelihoods, their way of life, their property; this is fundamental property rights, that’s what this is about because they’re going to create easements across private land,” he said.

“This department, these bureaucrats have made the decision, they are going to create easements across private land to force water, so in other words to flood us out, to deliver water downstream.

“It’s time for everyone to put their foot down because this will have flow-on effects. There’s a few thousand of us live along the river, just one river let alone the tens of thousands along all the rivers, but this will start to impact businesses in town, this will start to impact families and incomes. This is a major, major issue.

“Once a government decides it can run roughshod over citizens by taking away their fundamental property rights, don’t think for a second they’re going to stop there.

“This is a really serious situation and it’s time to say no more.

“This is going to impact generations. We have to act quickly, we need people to step up.

“We’re in for the long haul, we’re in for the fight.”

Mundarlo landholder Deb Paton told Region Riverina that many stakeholders were still uninformed as the November 24 deadline for submissions looms.

“We feel that they’re obfuscating and telling us that we’ve been given the information when the fact is that we just haven’t,” she said.

“There are some very basic things that we have still not got, and there are hundreds of questions that we have submitted and the majority are still not answered.”

Ms Paton said the majority of farmers have never had an issue with an environmental flow, “however, it does impact us, and it does create work for us, and it does create potential problems for us,” she said.

“We’re willing to work with environmental flows, but we are not prepared to accept an easement.

“We think that we can come up with quite a positive alternative, and while we don’t think they’re being fair and playing by the rules, we are trying to be a positive contributor to this whole plan.”

Meanwhile, Riverina landholders coordinated a seminar in Wagga Wagga yesterday where Peter Holt, a partner at Sydney law firm HWL Ebsworth Lawyers, provided an independent legal perspective on flows, easements and making submissions.

Mr Holt specialises in planning and environment law, with just one of his particular focus areas being Water Law.

This article appeared in the Narrandera Argus, 21 November 2024.