Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p44
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 44/154)
Character Range: 750320–753600

Division 1
This Division applies subject to:
(a) the provisions of Divisions 2 and 3 of this Part; and
(b) the provisions of Subdivision F of this Division.
SUBDIVISION B—STATE ENTITLEMENTS TO WATER

    88. South Australia's Monthly Entitlement
South Australia is entitled to receive:
(a) the following monthly quantities of River Murray water ‑
           July........................50 500 megalitres
           August......................66 000 megalitres
           September....................77 000 megalitres
           October.....................112 500 megalitres
           November...................122 000 megalitres
           December...................159 000 megalitres
           January.....................159 000 megalitres
           February....................136 000 megalitres
           March......................128 000 megalitres
           April........................77 000 megalitres
           May........................35 000 megalitres
           June........................32 000 megalitres

           except as provided in clause 128; and

(b) 58,000 megalitres per month for dilution and losses, unless the Ministerial Council determines otherwise; and
(c) such additional quantities for dilution as the Ministerial Council determines from time to time.

    88A Use of allowance for dilution and losses
       (1) This clause applies if the Authority, under subparagraph 102 (c) (i), determines that the water available for distribution to South Australia is less than or equal to the sum of:
(a) the volume mentioned in paragraph 88 (b); and
(b) the volume determined under subclause 102A (2) that is attributable to South Australia.
       (2) Despite paragraph 88 (b), South Australia may use, for purposes other than meeting dilution and losses:
(a) up to 2% of the volume South Australia is entitled to receive in a year under paragraph 88 (b); or
(b) another percentage determined by the Ministerial Council.

    89. Measurement of South Australia's Entitlement
       (1) Each month South Australia is deemed to receive the sum of the water flowing in that month in:
(a) the River Murray between the confluences of the Rufus and Lindsay Rivers with the River Murray; and
(b) the Lindsay River near its confluence with the River Murray.
       (2) The Authority must determine the flows referred to in sub‑clause (1) in such manner as it sees fit.

    90 Variation of South Australia's Entitlement
The Authority may, from time to time at the request of the Committee member for South Australia, vary for a specified sequence of months any of the monthly quantities which the State is otherwise entitled to receive:
(a) under clause 88, without increasing the total of those quantities for that sequence; or
(b) in order to store or deliver deferred water to South Australia.

    91. South Australia's Storage Right
       (1) South Australia may store any part of its entitlement under clause 88 (as adjusted for interstate trade) for the purposes of meeting critical human water needs in the upper River Murray storage or storages of its choice, beyond the time at which that part of its entitlement would otherwise have been delivered under this Agreement, provided such storage does not affect water availability for New