Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p54
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 54/154)
Character Range: 775699–778482

passed from that part in that period for ‑

                 •   downstream use by that State,

                 •   supply by that State to South Australia,

                 •   conveyance to another part of the upper River Murray as water allocated to that State; or
              (iii) released from that part in that period and determined under clause 122 to be a release of water allocated to that State; or
              (iv) spilled from that part in that period and deemed under clause 117 to be a spill of water allocated to that State.

    116. Internal Spills
       (1) In any major storage, water allocated either to New South Wales or Victoria must be re‑allocated to the other State to prevent the quantity of water allocated to either State in the storage exceeding half the lesser of:
(a) the target capacity of the storage; or
(b) the quantity of water stored when releases are being made for flood mitigation.
       (2) In Hume and Lake Victoria, "target capacity" means the capacity of the reservoir at the Full Supply Level.
       (3) In Dartmouth "target capacity" means the lesser of:
(a) the capacity of the reservoir at the Full Supply Level; or
(b) the quantity of water stored when water is being released through the hydro‑electric power station and the storage level is above the level specified by the Ministerial Council for the operation of the power station.
       (4) In Menindee Lakes "target capacity" means the greater of the capacity:
(a) at the Full Supply Level; or
(b) at such higher level as may be determined from time to time by the Ministerial Council.
       (5) When water in Dartmouth Reservoir is to be re‑allocated under sub‑clause (1) and there is capacity in Hume Reservoir available to the State from which water is to be re‑allocated to store some or all of the re‑allocated water, a compensating adjustment must be made in Hume Reservoir so that the accounts of the State from which the water is to be re‑allocated in Dartmouth Reservoir are not thereby reduced.

    117. Accounting for Spill from Storages
Any quantity of water spilled from any of the upper River Murray storages, including water released solely to provide space for the retention of floodwaters, is deemed to be water spilled out of the waters allocated to New South Wales or Victoria respectively, in such proportions as minimizes the re‑allocation of water under sub‑clause 116(1).

    118. Accounting for Releases from Dartmouth Reservoir
       (1) Whenever the storage level in Dartmouth Reservoir is above the level determined for the purposes of this sub‑clause by the Ministerial Council, releases made from Dartmouth Reservoir through the hydro‑electric power station will be deemed to be spills and will be accounted for as provided in clause