DEPARTMENT OF WATER AND
ENVIRONMENTAL REGULATION — SPRING WATER RIGHTS
366. Hon PETER COLLIER to
the minister representing the Minister for Water:
My question is asked on behalf of Hon
Dr Steve Thomas who is on urgent parliamentary business.
I refer to recent and current action
by the Department of Water and Environmental Regulation to regulate spring
water rights.
(1) Does the
Minister for Water support farmers' rights to water flowing from any
spring on their land without interference by DWER?
(2) Does section 5
of the Rights in Water and Irrigation Act create an exemption for the
regulation of springs or remove springs from the control of DWER?
(3) Does the
minister support farmers' rights to spring water rising naturally to
the surface without first obtaining consent from DWER?
(4) Does the
definition of a watercourse under the Rights in Water and Irrigation Act
include an underground flow of water?
(5) Will the
minister support the rights of farmers in the south west to continue to draw
water from springs arising naturally on their land?
Hon DARREN
WEST replied:
I
thank the member for some notice of the question. On behalf of the Minister for
Regional Development representing the Minister for Water, I provide the
following answer.
(1) The
Department of Water and Environmental Regulation is responsible for
administering the Rights in Water and
Irrigation Act 1914, which provides for the regulation, management, use and
protection of water resources in Western Australia.
(2) Section 5 of
the act outlines circumstances whereby regulation of the take of water does not
apply. Specifically, if the natural rising and flowing of underground water on
a property meets the exemption under the act.
(3) Landowners
should contact the Department of Water and Environmental Regulation prior to
taking water. The department will work with the landholder to review and assess
whether the natural rising and flowing of underground water on a property is
exempt or requires regulation.
(4) The act provides for the
regulation of underground flow of water.
(5) The
department will continue to work with landholders to determine in individual
cases whether the natural rising and flowing of underground water on a property
requires regulation as per part 3 of the act or is exempt under section 5.