Document ID: chunk:federal_register_of_legislation:C2008A00139:schedule:1:p48
Version: federal_register_of_legislation:C2008A00139
Segment Type: schedule
Provision Reference: sch 1 (pt 48/128)
Character Range: 206532–209285

following provisions give effect to the principles set out in the preceding Subdivisions of this Division.

    106. Allocation of Water to New South Wales and Victoria

       (1) In respect of any period:

(a) the natural flow of the River Murray at Doctors Point; and

(b) the volume of water calculated in accordance with clause 10 of Schedule F,

        must be allocated between New South Wales and Victoria as provided in sub‑clause (2).

       (2) The quantity of water estimated for any month in accordance with sub‑clause (1) shall be allocated as follows:

(a) for any of the months from May through to August inclusive, the whole quantity shall be allocated half each to New South Wales and Victoria; and

(b) for any of the months from September through to April inclusive ‑

(i) whenever Victoria is subject to a period of special accounting, the first 12,900 megalitres per month (being equivalent to the ceding by Victoria to New South Wales of a volume of 6,450 megalitres per month); and
(ii) at any other time, the first 16,700 megalitres per month (being equivalent to the ceding by Victoria to New South Wales of a volume of 8,350 megalitres per month),

shall be allocated to New South Wales, and the remainder shall be allocated half each to New South Wales and Victoria.

    107. Allocation of Water in Menindee Lake Storage

       (1) Half the water entering the Menindee Lakes Storage from the Darling River is allocated to New South Wales and half to Victoria.

       (2) Of the water allocated to Victoria and stored in the Menindee Lakes Storage, Victoria must cede 4,170 megalitres each month to New South Wales.

    108. Tributary Inflows

       (1) The quantity of water which in any period enters the upper River Murray downstream of Doctors Point from a tributary, or from any artificial outfall approved by the Ministerial Council for the purposes of this clause, other than quantities referred to in clause 107, is allocated to the State from which the water enters the upper River Murray.

       (2) The volume of water calculated in accordance with sub‑clause 11(1) of Schedule F is allocated to New South Wales.

       (3) The volume of water calculated in accordance with sub‑clause 11(2) of Schedule F is allocated to Victoria.

    109. Use by New South Wales and Victoria of Allocated Water

New South Wales and Victoria are respectively deemed to use the quantity of water:

(a) diverted from the upper River Murray by an offtake under the jurisdiction of that State, unless the Ministerial Council determines otherwise; and

(b) calculated under sub‑clause 12(1) of Schedule F, in the case of New South Wales; and

(c) calculated under sub‑clause 12(2) of Schedule F, in the case