Last month, a panel of independent commissioners turned down an application to build a training line on the basis the panel was constrained by the provisions of the Water Conservation (Kawarau) Order 1997 (WCKO).
The order protects outstanding characteristics, including the return flow in the upper section when the Shotover River is in high flow; and prohibits damming.
In their decision the commissioners said they believed the return flow value or characteristic should be reviewed because of the obvious impact it had on high lake levels in extreme events.
Chief executive Graeme Martin said, in a report to council, evidence presented at the hearing showed even in a rare and perhaps worst case scenario, significant return flow would still occur.
The order pre-dated the large floods of the 1990s and since it was made there had been deterioration of the outlet capacity of Lake Wakatipu and the area of active delta had reduced.
Mr Martin asked the council to consider three options today. The first was to accept the consents for the training line had not been granted and walk away. The second was to appeal the decision to the Environment Court. The third was to request the Ministers of Conservation and Environment adjust the order, to allow for flood mitigation works for Wakatipu communities where such works might affect return flows and the active delta.
He suggested the council undertake option two in conjunction with option three, and invite the Queenstown Lakes District Council to join with them in the action.
