Gary Kelliher, an Otago regional councillor, director of Manuherikia River Ltd (MRL) and farmer, welcomed the Central Otago District Council decision to investigate developing a local Bill that could usher in a ‘‘fairer process’’ to set minimum flows for the river and facilitate a replacement for the 90-year-old dam.
Cr Kelliher, speaking in a personal capacity, said decisions on the river had been polarised and ‘‘tainted’’ locally.
‘‘It has been so polarised for so long that really it needs to almost move away from anybody in Otago making this decision.
‘‘It’s the central government that has to make the decision.’’
Conflicting interests had stymied progress, he said.
‘‘The irrigators have faced it from the start — that the number that they will work to and the flow regimes they will work to is the only achievable number that is on offer.
‘‘And it’s based on their experience as river managers and scheme managers and understanding how the whole system has worked to date.’’
In years of low rainfall, the entire catchment dried out and that was why Falls Dam was needed.
The dam provided flows for the river and it needed to be rationed out for irrigators because there was not enough storage in the dam, which needed to be addressed.
A bigger dam would also help domestic water supply in the valley, he said.
In February, MRL was granted a $2 million loan from the Regional Infrastructure Fund towards pre-construction work on a proposed replacement for Falls Dam.
MRL would match the loan with $2m in co-funding towards the pre-construction phase, expected to take around two years to complete.
At the last district council meeting, chief executive Peter Kelly said in a report to councillors a local Bill was required when Parliament modified general law for a specific locality.
The local Bill proposed would ‘‘enable implementation of a legislated minimum flow regime’’ for the river and provide parliamentary authority for easement rights needed for a replacement or raised Falls Dam.
The ageing dam required an estimated $40m in upgrades simply to comply with safety regulations, prompting investigation of a larger replacement, the report said.
And similar legislation was used by the Tasman District Council to build the Waimea Dam, it said.
After the meeting, Central Otago District Mayor Tamah Alley said at this stage the council was only investigating whether or not a local Bill was ‘‘an appropriate mechanism that council can use for the purposes of either raising or stabilising Falls Dam’’.
The river was vital for both the economy of the Manuherikia Valley and the lifestyle and enjoyment of everyone who used it, she said.
Omakau and Ophir sourced their town water from the river and its present restricted supply was hindering those towns’ ability to grow, she said.
The Bill would be co-sponsored by MPs Joseph Mooney and Miles Anderson.
Mr Mooney said he suggested the local Bill as he had seen it work firsthand in Tasman.
The Waimea Dam still went through a consenting process to set minimum water flows, he said.
In the public forum before the district council meeting, Te Rūnaka o Ōtākou upoko Edward Ellison, who has served on several Otago Regional Council committees as an iwi representative, said the report district councillors were presented had not addressed the ‘‘legal, practical and governance’’ risks of setting a minimum flow for a river in isolation.
‘‘Significantly more time and money has been spent on scientific investigation and consultation on flow setting for the Manuherikia River than any other river in Otago.
‘‘We would be concerned if this work was to be undermined or overturned by an unconnected process.’’
The report did not provide an accurate picture of the background and context, such as the minimum flow section not including the full history, context around the different recommended limits, he said.
‘‘The economics report acknowledges its limited analysis and does not consider all the costs and benefits of the different minimum flows or adaption of farming practice.
‘‘The proposal for a local Bill to set minimum flows is a highly unusual approach that carries significant risks which are not identified in the paper that is before council.’’
If a flow rate was not part of a regional plan, it was not clear how the flow limits would related to making decisions on consents.
‘‘[The council] could be considered as overstepping its jurisdiction and subject to legal challenge,’’ Mr Ellison said.
