At what point does "watering the garden" become "irrigation"?

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Thu, 01/24/2013 - 11:05 #1

Member for

11 years 9 months
hammond
Last seen: 05/14/2022 - 19:22
Joined: 01/24/2013 - 10:34

At what point does "watering the garden" become "irrigation"?

It might sound like a silly question, but given one is not allowed to irrigate without an irrigation license, at what point does "watering the garden" become "irrigation"? 

Is it to do with a certain size? Or is it related to whether it is for private or commercial use?

E.g. If I water a the garden using water from the creek - this does not require an irrigation license. But if I water a garden containing plants I use as fodder for my chickens, which I then sell for meat, does this become irrigation?
What if I scale this up to the point of several acres planted with fodder for both personal consumption, and also for chickens?

 

Edit: Thank you Roger, that clears things up. Much appreciated!

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Thu, 01/24/2013 - 16:26 #2
rogermartyn
Last seen: 03/08/2018 - 21:05
Joined: 10/20/2011 - 16:16

 

Hi Hammond

As we say, no question is silly when it comes to agriculture!

I found this to be a very interesting question - and I had to go digging to find a suitable answer.

 

First of all, you will be subject to State legislation, so you will need to check out the situation for the state where you live.

 

For NSW, the following appears to be the case

taken directly of the website

http://www.water.nsw.gov.au/Water-licensing/Basic-water-rights/Domestic-and-stock/Domestic-and-stock/default.aspx

 

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Under the Water Management Act 2000, an owner or occupier of a landholding is entitled to take water from a river, estuary or lake which fronts their land or from an aquifer which is underlying their land for domestic consumption and stock watering without the need for an access licence. This is a domestic and stock right.

While owners and occupiers of landholdings do not need a water access licence to take water under a domestic and stock right, they still need to obtain a water supply work approval to construct a dam or a water bore. For more information also go to Constructing a bore and Water supply work approvals.

Water taken under a domestic and stock right may be used for normal household purposes around the house and garden and/or for drinking water for stock. It cannot be used for irrigating fodder crops for stock, washing down in a dairy or machinery shed, intensive livestock operations (such as feedlots, piggeries or battery chickens), aquaculture or for commercial purposes (including caravan parks or large-scale bed and breakfast accommodation) other than for the personal use of the proprietors.

A licence is required for water taken for commercial activities such as irrigation, mining, aquaculture, feedlots, piggeries, poultry farms, golf/sporting areas and snow making.

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

 

It is worth looking at the rest of the page on that url as it continues with a few 'What if' scenarios which are easy to interpretate and are most informative.

 

In summary -  to answer your question, so far as the NSW situation is concerned, the essence of it is that when the use of water is for commercial gain ie beyond domestic use requirements - AND that falls outside of stock watering, then  it'll become  'irrigation' and will require a licence. And as it states explicity above, a domestic and stock right cannot be used for irrigating fodder.

Irrespective, it would be wise to check with your local water catchment authority even if you are to take water under what you consider is a 'domestic and stock right'. Almost every creek, stream and river is documented by catchment boards and caveats may apply to your situation  that might influence and override your right to extract water from where you want to, for reasons such as the need to maintain minimum environmental flows. It pays to check.

 

I recall hearing of one belligerent farmer who was evidently denied a licence to extract water for irrigation purposes and tried to get around it by arguing that the letter of the law applied to extraction of water pumps powered by electric motors or internal combustion engines and since his was powered by a steam engine, an external combustion engine, the law did not apply to his situation! I don't know if he was succesful with his argument  though.

 

If any thing transpires, let us know the result and what you learnt

regards

Roger

 

 

 

 

 

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