Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p52
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 52/128)
Character Range: 216403–219215

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

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