Regional Policy Statement for Taranaki |
|||
|
This page: |
Part B Section 6 — Fresh water | 6.1 Surface water allocation |
|
| Other pages: |
6.2 Water quality | 6.3 Groundwater | 6.4 Wetlands |
| ◊ |
6.5 Drainage | 6.6 River & lake beds | 6.7 Public access |
6. Fresh water
This section identifies resource management issues of regional significance that primary affect on Taranaki's fresh water (both surface and groundwater) resources. These issues are grouped under the headings of:
- sustainable allocation of surface water resources
- maintaining and enhancing the quality of water in our rivers, streams, lakes, and wetlands
- maintaining groundwater flows and quality at sustainable levels
- protecting the natural character of our wetlands
- managing land drainage and other diversions of water
- managing effects associated with the use of river and lake beds
- maintaining and enhancing public access to and along rivers and lakes.
6.1 Sustainable allocation of surface water resources
Background to the issue
There are 217 parent catchments in Taranaki and 530 named rivers and streams. River flows are typically high in winter with low flows occurring in summer. River levels rise rapidly in high rainfall events, but recede steadily once rain has ceased. Although much reduced in size and numbers, wetlands also perform important hydrological functions by storing water and regulating river flows during heavy rain, and off setting low flows during dry periods.
Taranaki's surface water resources are extensively used and highly valued. There is a wide range of uses - from agriculture and industry to town water supplies hydro-electric power generation and recreation. Some uses such as hydro-electric power generation take, divert and use water before returning it to the river system. Such uses provide significant and essential economic and social benefits to people and communities in Taranaki and to the national economy. However, if not effectively managed, the taking, use, damming and diversion (including drainage) of water may reduce surface water flows, quantities and levels resulting in adverse effects on natural character, aquatic life, in-stream values or the cultural and spiritual relationships of Māori to water, and lead to conflict between competing uses for surface water. Abstraction of water may also reduce the capacity of the water body to assimilate wastes and therefore have an influence on water quality.
Compared with other parts of New Zealand there are relatively few significant water use pressures on water bodies in Taranaki with overall abstraction volumes being low compared to both median river flows (flow recorded 50% of the time) and mean (average) annual low flows. The largest 25 river catchments in the region, which account for over 80% of the region's water flow, have only 5% of their median flow and 13% of their mean annual low flow allocated.
However, at a catchment level, some concerns do exist. Catchments in Taranaki are relatively small and increasing demand mean that some river catchments are now fully allocated or almost fully allocated during low flows and there is a need to prioritise water allocation between different water uses (such as pasture irrigation and urban water supply) and instream uses (such as aesthetic and scenic values and other in-stream needs). Where there is competition for the use of limited water resources, some water uses will need to be given priority because of the strategic nature of their businesses or operations and wider benefits to the community and to the region.Low flow source areas have also been reduced as a result of land drainage and development leading over time to a reduction in the median and low flows of streams.The cumulative loss of wetlands has severely reduced the ability of catchments to moderate flood flows and maintain low flows.
Maintenance of the natural character and life-supporting capacity of fresh water is also important not only in terms of maintaining ecological and biodiversity values but also in terms of protecting amenity, landscape, cultural, recreational and commercial values associated with fresh water. The natural character of rivers streams and lakes comprises a range of qualities and features created by nature as distinct from manmade constructions. These may include for example qualities and features associated with water flows and levels, water quality, the movement of water through rapids, riffles, runs and pools, features associated with river channels and banks and their vegetation cover as well as aquatic life and ecosystems associated with rivers, streams and lakes.
The natural character of Taranaki's rivers, streams and lakes and their margins provide the basis for many of the landscape, amenity and ecosystem values associated with waterbodies in the region, including habitat for native birds and other riverine species and the scenic backdrop for recreational activities. Some have historic, scientific and educational significance or value. Adverse effects on the natural character and amenity values of fresh water can arise from the taking and use of surface water and groundwater, discharges of contaminants to land and water, the placement of structures, the removal of sand and gravel, channel realignment, reclamation and land drainage. This section deals only with the natural character and life supporting capacity of waterbodies and their margins to the extent that these matters are affected by the taking and use or allocation of surface waters. Other effects on the natural character of rivers and lakes and their margins are addressed in other sections of the Statement.
To promote the sustainable allocation of surface water, which includes maintaining the natural character and life-supporting capacity of fresh water, levels of protection and use and associated values vary between and within catchments. For some water bodies that have high quality or high value environments there will be a need to retain or enhance water levels and flows, while in other waterbodies reduced flows might be appropriate to meet the needs of particular water users.
The significant issues in relation to the sustainable allocation of surface water resources are:
|
WAL |
Providing for a range of water uses while avoiding, remedying or mitigating any adverse effects on the environment.
|
|
WAL |
Maintaining the natural character and life-supporting capacity of Taranaki water bodies.
|
|
WAL |
Determining allocation priorities for water where there are competing or conflicting demands for water through mechanisms available under the RMA.
|
|
WAL |
Providing for regional variations in water levels and flows. |
Objectives
WAL OBJECTIVE 1
To sustainably manage the taking, use, damming or diversion of fresh water in the Taranaki region to enable people and communities to meet their needs for water while safeguarding the life-supporting capacity of water and related ecosystems and avoiding, remedying or mitigating any adverse effects on the environment arising from that use.
WAL OBJECTIVE 2
To protect the natural character of water bodies from inappropriate subdivision, use and development.
Policies
Making water available for use
WAL POLICY 1
Subject to Policies 2 to 5 below, surface water will be made available for the existing and reasonably foreseeable future needs of domestic and community supplies, agricultural, industrial, hydroelectric power generation and other uses of water to enable people and communities to provide for their social, economic and cultural wellbeing.
Surface water allocations will be made having regard to the ability of water users to demonstrate: (a) the need for the volumes of water sought; (b) the need to use water efficiently and with a minimum of waste; (c) what alternative sources of water or water collection or storage methods have been considered; (d) whether there is a need to install systems to accurately measure the volumes of water abstracted and to reduce or suspend abstractions; and (e) that any adverse environmental effects from the taking, use, damming or diversion of water will be avoided, remedied or mitigated as far as practicable in accordance with other policies of this Policy Statement or regional plans and the requirements of the RMA.
Regional variations in water levels and flows
WAL POLICY 2 Natural water levels and flows: (a) will be maintained and/or enhanced as far as practicable in all those water bodies, or parts of them, identified as having high quality or high value for their natural character and in-stream values; however. (b) may be reduced in other water bodies to provide for the needs of water users provided that any reductions in water levels and flows are minimised, that as far as practicable, any adverse effects on natural character and in-stream values are avoided, remedied or mitigated and the life-supporting capacity is safeguarded.
Maintaining in-stream values and life-supporting capacity
WAL POLICY 3 The in-stream values and life supporting capacity of water bodies will be maintained, and the natural character of rivers, streams, and lakes and their margins protected from inappropriate subdivision, use and development. Matters to be considered in determining the quantities, levels or flow of water necessary to maintain instream values and life supporting capacity and to protect natural character will include: (a) the natural character, ecological and amenity values associated with the water body and its margin, including indigenous biodiversity values, fishery values and the habitat of trout; (b) the relationship of tangata whenua with the water body; (a) and community water supplies, agricultural, industrial, hydroelectric power generation and other uses; (b) the effects of proposed water levels and flows on water quality and the assimilative capacity of the waterbody; (c) the hydrological characteristics of the catchment including flow variability, flow recession characteristics, the relationship to groundwater recharge, and the cumulative effects of land use and catchment development on stream hydrology; (d) the significance of flows and groundwater recharge to the maintenance or enhancement of downstream flows; (e) the ability to abstract from the lower reaches of catchments to safeguard instream values of upper reaches where this will not adversely affect the special value of estuaries; (f) the significance of any historic heritage values associated with the water body; and (g) the cumulative effects of existing takes; (h) the extent to which any adverse effects of the taking, use, damming or diversion of water can be avoided, remedied or mitigate; and (i) the regional and national benefits to be derived from the allocation of water resources.
Restoration of in-stream values
WAL POLICY 4 Subject to Policies 2 and 3 above, where the life-supporting capacity of water bodies or parts of them has already been degraded as a result of the taking, use, damming or diversion of water, the restoration of the life-supporting capacity of these water bodies will be promoted.
Rights of existing water permit holders
WAL POLICY 5 The Council will recognise the rights of existing water permit holders to exercise their entitlement to take and use water throughout the term of their resource consent, and will not allow any greater derogation from those rights by grant of subsequent resource consents than is allowed by law.
Allocation priority for the taking and use of water
WAL POLICY 6
Subject to the requirements of Part 2 of the RMA allocation of surface water will generally be on a "first-come, first-served" basis but will take into account the reasonable needs of water users including consent applicants, reasonably foreseeable future needs of current or potential water users, and the efficiency of the proposed use.
Where there is or is likely to be competition for the use of water, allocation decisions will be made having particular regard to the following:
(a) reasonably foreseeable future requirements for domestic and community water supply needs, stock drinking water, and fire fighting; (b) the degree of national, regional or community benefit from the taking and use of water as distinct from individual benefit; (c) the value of investments made by existing consent holders; (d) the extent to which water users have established a reasonable need for the rates and volumes sought; and (e) the relative efficiency (including allocative, productive and technical efficiency) of the proposed use of the resource as compared to existing and reasonably foreseeable uses of the resource.
Explanation of the policies
Policy 1 recognises and provides for the existing and reasonably foreseeable future needs of domestic and community supplies, agricultural, industrial, hydroelectric power generation and other uses of water. It recognises the social and economic benefits that arise from the use of water. Although Taranaki has high average rainfall and surface water flows, water shortages and conflicts may still occur in some catchments. To reduce any conflicts of use and increase water availability to a range of consumptive and non-consumptive uses, both now and in the future, resource users will be encouraged to adopt measures that conserve and make the most efficient use of water that they abstract.
Policy 1 requires that any adverse effects from the taking, use, damming or diversion of water are to be avoided, remedied or mitigated as far as practicable. This recognises that it may not always be possible or necessary to completely avoid, remedy or mitigate all adverse effects from the taking, use, damming or diversion of water. However, avoiding, remedying or mitigating adverse environmental effects as far as practicable does not necessarily mean that any use and development of resources that avoids, remedies or mitigates adverse environmental effects as far as practicable, will be acceptable - adverse environmental effects must be managed in a way that gives effect to the Act's sustainable management purpose. Any adverse environmental effects from the taking, use, damming or diversion of water are required to be avoided, remedied or mitigated in accordance with other policies in the Regional Policy Statement or regional plans. Some uses of water such as hydroelectric power generation, take, dam or divert water and then return it to the river system after use.
In considering the environmental effects of such uses regard will be had to matters such as the length of river affected by the taking, damming or diversion of water before it is returned, the frequency, duration and timing of the taking, or diversion and the state of the water returned.The availability and allocation of fresh water for use is subject to Policies 2 to 5.
Policy 2 recognises that there are different values associated with different water bodies throughout the region. Some are recognised as having high natural, ecological, cultural or other value and these are identified in Appendix I. It also recognises that consumptive use requirements differ throughout the region. Through this policy, the Taranaki Regional Council seeks to retain and/or enhance water levels and flows in all those river and stream catchments or parts of them recognised as having high natural, ecological and amenity values such as are found in the Stony (Hangatahua) River catchment, Maketawa Stream catchment, and the Manganui River catchment (refer Appendix I). Policy 2 recognises that it will not always be possible to maintain and enhance water levels and flows in rivers or streams with high natural, ecological and amenity values, especially if water is taken and used from these waterbodies. This is why the policy refers to water levels and flows being maintained and/or enhanced as far as practicable. Policy 2 refers to waterbodies or parts of them recognised as having high natural character and instream values. These are the natural, ecological and amenity values associated with these waterbodies.
The natural character and instream values present in catchments with high natural, ecological and amenity values are summarised in Appendix I. The values listed are to be found in these catchments but may not be found along all rivers and streams within the catchments. However effects on values of waterbodies in one part of a catchment can have effects on the same values of waterbodies in another part of the catchment. Policy 2 also provides for reduced flows in other waterbodies. Where flows are reduced, Policy 2 seeks to ensure that adverse effects on in-stream values are avoided, remedied or mitigated as far as practicable and the life-supporting capacity is safeguarded. However, avoiding, remedying or mitigating adverse environmental effects as far as practicable does not necessarily mean that any use and development of resources that avoids, remedies or mitigates adverse environmental effects as far as practicable, will be acceptable - adverse environmental effects must be managed in a way that gives effect to the Act's sustainable management purpose.
The quantity of water that may be taken or which should be set aside to maintain the natural character and life-supporting capacity of water will depend upon a number of values and characteristics of the water body. Policy 3 identifies those matters to be considered in the development and consideration of policies, plans or resource consent applications to take, use, dam or divert water.
Policy 4 recognises that some catchments, or parts of a catchment, do not meet their threshold life supporting capacities due to the presence of long-standing abstractions or diversions. Under Policy 4, where the life supporting capacity of a water body has been exceeded, the Council will therefore seek to promote measures that will contribute to the restoration of the life supporting capacity of these water bodies having regard to those matters set out in Policies 2 and 3.
Policy 5 has been adopted by the Council to recognise the principle of non-derogation from the grant of rights and entitlements of existing consent holders, but is not intended to extend the principle beyond what has been, or may beestablished in law. However variations or limitations may be imposed on the exercise of the consent in situations provided for in the Act. These situations include where a regional plan includes rules relating to maximum or minimum levels or flows or rates of use of water; where a resource consent is changed because information made available to a consent authority by the applicant contained inaccuracies which materially influenced the decision to grant consent and where a regional council exercises its powers to apportion water where there is a serious temporary shortage of water.
The exercise of resource consents may also be varied form time to time as a result of a review of the conditions of the consent if this is provided for in the consent itself or in other circumstances, including where new rules are introduced into a Plan setting different minimum flows or rates of take, use or diversion.
The Act provides that the Council may through rules in a regional plan allocate water among competing types of water use activities, in anticipation of the expiry of existing consents.
Policy 6 sets out the approach to be taken to determine allocation priorities for the use of water.Subject to Part 2 of the Act the Taranaki Regional Council will generally allocate water on a 'first-come, first-served' basis. However, where there is or is likely to be competition for the use of water the Council will need to 'prioritise' water allocation among competing uses.
Policy 6 establishes that allocations for the taking and use of surface water are made subject to the requirements of Part 2 of the Act including the need to safeguard the life-supporting capacity of water and protect instream uses and values. This will be done in accordance with other policies in the Regional Policy Statement and Plans and the requirements of the RMA. Instream uses and values include the range of uses and values derived from the waterbody itself including ecological, intrinsic and amenity values, cultural and spiritual values and natural character values. Effects on these values will need to be avoided, remedied or mitigated in accordance with the Act or this Regional Policy Statement for example through appropriate ecological or environmental flows, flow sharing, allocation caps and other measures. Policy 6 then sets out those matters that the Council will have particular regard to when determining water allocation priorities.
The matters listed are not in order of priority. First is the need to ensure water is available to meet reasonable domestic needs and community water supply needs, stock drinking water requirements (for cattle, pig, poultry and other livestock) and fire fighting purposes. Second is the degree of national, regional or community benefit to be derived from the taking and use of water as distinct from individual benefits from the use. Third, the value of investments that existing consent holders have made in relation to the taking and use of water will be considered in deciding on allocation priorities. Fourth is the need for water users to establish a reasonable need for the rates and volumes sought. Finally, the Council will consider the relative efficiency of the proposed use of the resource compared to existing and reasonably foreseeable uses of the resource. This may include considerations of: good industry practice in the taking and use of water; the extent to which water can be used with a minimum of waste; the ability of water users to reuse, recycle or harvest water or to make it available to the river system after use, for reallocation to other users, the benefits to be derived from the use of water for renewable energy generation and any other relevant aspects of efficiency.
In making decisions on the allocation of water under this Policy, some water users will need to be given priority because they provide important economic, social or health and safety benefits to the community, to the region or to New Zealand or because of the strategic nature of their business or operations.
The Council recognises that needs and demands for water may change into the future. The Council therefore intends through Policy 6 to ensure that its approach to water allocation is sufficiently adaptive and flexible to respond to changing water demands and community expectations in relation to water use.
The Act also enables the Council to allocate water to different types of activities through rules in a regional plan. In the event that the Council gives effect to this Policy in a Plan the allocations made by the Plan will reserve water for the activity or activities identified in the Plan. Applications for resource consent would then be made for water within the particular categories and applications considered on a "first-come-first-served" basis. Where rules limit rates of use, the Council may in appropriate circumstances use its powers under section 128(1) (b) of the Act to review the rates and volume of take.
The Council considers that it is necessary to manage the allocation of water in this way to ensure that water continues to be made available to meet the future needs of water users and provides the best opportunities for people and communities to provide for their economic, social and cultural wellbeing and for their health and safety.
The intent of part (b) of the policy is to focus on the benefits to be derived from water use rather than the ownership of water use assets or infrastructure. Some privately owned businesses or activities will provide a high degree of community-wide or regional benefit as well as private or individual benefit to owners or shareholders. Under Policy 6(b) a use of water that provides a high degree of national, regional or community benefit, even if privately owned, could be expected to have priority over a use of water whose benefits are more of an individual nature. However, other uses of water that provide a high degree of community benefit may have priority over privately owned uses notwithstanding the community benefits that accrue from the private use, because of the greater degree or spread of community benefits. Policy 6(b) provides for the degree of national, regional, community, individual, public and private benefits to be weighed up in the water allocation process.
Related policies
Policy 1 of Section 6.2 [Surface water quality]; all the policies in Section 6.4 [Wetlands], Section 6.5 [Land drainage and associated diversions], Section 6.6 [Use of river and lake beds]; Policies 1 and 2 in Section 9.1 [Indigenous biodiversity]; all the policies in Section 10.1 [Outstanding natural features and landscapes], all policies in Section 14 (Energy), Section 15.3 [Regionally significant infrastructure], and Section 16 [Issues of significance to iwi].
Methods of implementation
The Taranaki Regional Council will:
|
WAL |
Maintain a regional plan or plans with objectives, policies, rules and other methods of implementation to ensure that any adverse effects of the taking and use of surface water are avoided, remedied, or mitigated as far as practicable, that the in-stream values and life-supporting capacity of water bodies are maintained, and their natural character protected from inappropriate development, that water levels or flows in rivers and streams or parts of them that have high natural character, ecological and amenity values are maintained and enhanced, and that where these values have been significantly degraded by past use provision be made to enable adverse effects to be avoided, remedied or mitigated as far as practicable.
|
|
WAL |
When reviewing the Regional Fresh Water Plan for Taranaki (2001), consider the inclusion of provisions relating to water allocation matters as follows: (a) setting allocatable volumes and defining full allocation in terms of location, time or flow; (b) prioritising between different classes of use; (c) expressly specifying or limiting exclusivity; (d) limiting the rates and/or volumes of water take to balance the reasonably foreseeable needs of the applicant against reasonably foreseeable future needs and to encourage the most efficient use of the resource; (e) relating abstraction volumes and rates more closely to needs and efficient use; and (f) providing for flow variability and clear flow sharing rules and have regard to the costs and benefits, practicability and appropriateness of such provisions.
|
|
WAL |
Apply the resource consent process to assist the Council in the implementation of its water allocation policies. |
|
WAL |
Apply regional rules that: (a) allow, regulate or prohibit taking and using surface water; and (b) protect the natural character and in-stream values of the Stony (Hangatahua) River catchment, and parts of the Maketawa Stream catchment and parts of the Manganui River catchment as defined in Policy 6.1.1 of the Regional Fresh Water Plan for Taranaki 2001, as far as possible in their natural state. |
|
WAL |
Gather and provide technical advice and information to promote the conservation and efficiency of use of surface water, including the preparation of guidelines on water allocation and availability and the provision of information on flow statistics. |
|
WAL |
Provide advice and information including guidelines to landowners, resource users and the public to: (a) generally promote awareness of the principles and practices for water conservation, recycling, and efficient use; (b) encourage water harvesting and the use of storage or impoundments to store water at times of high water flow; (c) promote the use of alternative sources of water, including groundwater or rainwater, to maintain or enhance surface water levels and flows; and (d) encourage the adoption of water saving practices, the use of water saving devices and water metering, and the use of more efficient plant or manufacturing processes |
|
WAL |
Promote the protection and planting of riparian margins as a means of mitigating the adverse effects of the taking and use of water. |
|
WAL |
Monitor and gather information on the state of surface water flow and levels, pressures on water flows and levels, and responses to management. |
|
WAL |
Support and encourage research to understand protection of life supporting capacity of Taranaki rivers and lakes. |
Territorial authorities may wish to consider the following method:
|
WAL |
In preparing, implementing and administering district plans and resource consents, assess, as appropriate, the effects of land use and development and subdivision on surface water and provide for any adverse effects to be avoided, remedied or mitigated. |
Principal reasons for adopting the objectives, policies and methods
The objective, policies and methods of implementation establish a policy framework for managing surface water quantities and flows in the region. Their aim is to provide for the many uses of water and to balance competing demands for that water while also maintaining and where appropriate restoring or enhancing instream values and the life-supporting capacity of waterbodies and associated natural character, ecological and amenity values.
Through the implementation of regional plans and, in particular the use of regional rules, the Taranaki Regional Council can provide for the taking, use, damming and diversion of surface water while managing any adverse effects.
Adverse effects under Method 1 are to be avoided, remedied or mitigated as far as practicable. This recognises that it may not always be possible to completely avoid, remedy or mitigate all adverse effects. However, avoiding, remedying or mitigating adverse environmental effects as far as practicable does not necessarily mean that any use and development of resources that avoids, remedies or mitigates adverse environmental effects as far as practicable, will be acceptable - adverse environmental effects must be managed in a way that gives effect to the Act's sustainable management purpose. The policies and methods also recognise different values associated with different water bodies and take into account the need to maintain and/or enhance water levels and flows as far as practicable in rivers and streams recognised as having high natural, ecological, cultural or other values. The needs of water users and priority allocations to surface water are also recognised. This reflects the need to enable people and communities to provide for their social, economic and cultural wellbeing and for their health and safety. High priority water users may include domestic or community water supplies, water supplies associated with schools or other public institutions, stock drinking water requirements or water supplies critical to industrial users of regional or national importance. A regional plan with more detailed methods including rules is the appropriate mechanism for dealing with these issues. The methods focus on a combination of regulatory tools such as regional plans and regional rules, technical advice and information and guidelines.
Method 2 is to signal that in the review of the current Regional Fresh Water Plan, the Council will consider the matters listed. These matters include consideration of whether it is appropriate, necessary or desirable for resource management purposes to prioritise allocations between different classes of use such as for industrial or community water supplies or to expressly specify exclusive use of water resources for particular water users or to limit such exclusivity. The possible inclusion of water allocation provisions in a Regional Fresh Water Plan under Method 2 will need to recognise water uses with regional or national benefits. The matters listed in Method 2 if considered appropriate or necessary, may assist in providing greater certainty and more efficient and effective water resources management in situations where there are competing and conflicting demands for water or where demands for water are or are likely to exceed availability.
Method 3 has been adopted to assist the Council in implementing its water allocation policies, for example via the duration, allocated rates and/or volumes, and conditions of water permits.
Method 4 has been adopted to allow, regulate or prohibit the taking and use of surface water in the river and stream catchments listed to protect the natural character and instream values present in those catchments as far as possible in their natural state. In line with Policy 2, Method 4 is to protect the high quality or high value natural, ecological and amenity values present in these catchments. These values are summarised in Appendix 1. The values listed can be found in these catchments but may not be present all parts of the catchments.
The policies and methods build on current approaches to this issue. They have proved to be successful to date in terms of achieving desired environmental outcomes and are considered appropriate having regard to their efficiency and effectiveness and their benefits and costs.
|
Environmental results anticipated WAL ER 1 Protection of the aquatic environment and in-stream values of surface water and the maintenance or enhancement of the life-supporting capacity of surface water consistent with regional priorities. WAL ER 2 Provision for the needs of water users consistent with allocation priorities and maintenance of the potential to meet the needs of future generations. WAL ER 3 Efficient and effective management of surface water. |