Document ID: chunk:federal_register_of_legislation:C2024C00557:schedule:1:p143
Version: federal_register_of_legislation:C2024C00557
Segment Type: schedule
Provision Reference: sch 1 (pt 143/154)
Character Range: 1018240–1021067

not possible to comply with paragraph (a), debit that deferred water to the relevant account.

    15. Deferred water not part of South Australia's entitlement
Any deferred water delivered for use in South Australia during any period under this Schedule is in addition to, and is not part of, other water delivered to South Australia under the Agreement in the same period.

    16. South Australia's exclusive right to use deferred water
Unless the Committee member for South Australia and the Committee member for an upper State agree otherwise, and subject to subclause 17 (4), the upper State must not divert any water that is taken to be deferred water by the Authority.

    17. Spills and pre‑releases
       (1) If:
(a) water spills from a major storage in which deferred water is stored; or
(b) water is pre‑released from a major storage, in which deferred water is stored, for flood mitigation purposes;
       the water must be taken to be deferred water, until a volume equivalent to the volume of deferred water stored in the major storage immediately before the relevant event has either spilled or been pre‑released.
       (2) In measuring the volume of water spilled or pre‑released under subclause (1), deferred water stored for the purpose of meeting private carry‑over must be taken to have spilled or been pre‑released before any deferred water stored for the purpose of meeting critical human water needs.
       (3) The Authority must, whenever possible, re‑regulate any water taken to be deferred water under subclause (1) in a downstream major storage, for use by South Australia.
       (4) If the Authority is unable to re‑regulate spilled or pre‑released deferred water in accordance with subclause (3), the water must be accounted for as environmental flows.
       (5) If there is deferred water in Dartmouth Reservoir and water is transferred from Dartmouth Reservoir to Hume Reservoir, with the effect of increasing the likelihood that each of these major storages will spill simultaneously:
(a) the deferred water is taken to be transferred first and becomes deferred water in Hume Reservoir; and
(b) deferred water for the purpose of meeting private carry‑over is taken to be transferred before any deferred water stored for the purposes of meeting critical human water needs.

    18. Limitations on channels and storages
Unless the Committee determines otherwise, either generally or in a particular case, whenever the delivery of water is restricted due to either or both of limitations on the capacity:
(a) of river channels to carry that flow; or
(b) a major storage to release sufficient water to meet the commitments of any State to supply allocations at any time;
then delivery of deferred water for the purpose of meeting private carry‑over must be given the lowest priority.

    19.