42
conditions … arise only in the short term’, that position has not yet been firmly
established in the Tandou case (Procurement Rules 2017 (Cth) r 10.3(c)).
The Tandou buy-back arguably supports the Menindee Lakes Drainage Project in
NSW and allows that state to reach its water saving target for environmental water
by shrinking the lakes and reducing evaporation. Yet, re-vitalising the ailing MDB
by draining the lakes is misguided (ASS 2019, p. 36). Ecological integrity is not
simply about saving water. It is about restoring ecology.
In conclusion, none of the extravagant buy-backs of low reliability water licences
have, thus far, assisted society to avoid crossing those thresholds that ‘endanger…
the basic integrity of the system’ (Bruntland Report 1987, para 23).
5 ‘Murder’: Fish Kills
In late 2018 and early 2019, there were three major fish kill events in the Menindee
Lakes. Murray Cod (up to 70 years old) Golden Perch, Silver Perch and Bony
Herring all died as part of the estimated million or more fish deaths.
Following the kills, two major reports were commissioned. The Vertessy Report
concluded that the immediate cause of the fish kills was stratification of the water
column in the weir near Menindee (Vertessy et al. 2019), leading to low levels of
dissolved oxygen that denied the fish the oxygen they needed to survive (NSW
Department of Industry 2019).
The Moritz Report agreed but also highlighted long and medium-term causes,
blaming drought and excessive upstream diversions of water for irrigation (AAS
2019 Pt 4,7). It found that prior water releases from the Menindee Lakes contributed
to the lack of local reserves, observing that it is important to maintain even low
flows to help fish breed and to supply water to towns (AAS 2019, p. 23, 36).
5.1 Fish Kills and Excessive Water Abstractions
The Moritz Report concluded that the decline in long term flows is related to ‘pumping environmental water, increased flood plain harvesting, policy changes in NSW
in relation to the Barwon-Darling [WSP] and access to low flows and theft’ (ASS
2019, p. 36). The result is that the ‘maximum dry periods between low flow events
have doubled’ and may be up to 10 times longer while low flows themselves have
been reduced by 70% (ASS 2019, p. 26), suggesting a link between governance and
environmental harm.
Such a link was arguably affirmed by the Natural Resources Commission report
on the Barwon-Darling’s WSP which observed that the Barwon-Darling was ‘an
ecosystem in crisis’ (NRC 2019, p. 1). Fish kills represent only one, very visual
example of that ecological crisis. Such crises will continue if the volume of water
abstracted by irrigators is not reduced. Those abstractions put pressure on the
J. Gray
conditions … arise only in the short term’, that position has not yet been firmly
established in the Tandou case (Procurement Rules 2017 (Cth) r 10.3(c)).
The Tandou buy-back arguably supports the Menindee Lakes Drainage Project in
NSW and allows that state to reach its water saving target for environmental water
by shrinking the lakes and reducing evaporation. Yet, re-vitalising the ailing MDB
by draining the lakes is misguided (ASS 2019, p. 36). Ecological integrity is not
simply about saving water. It is about restoring ecology.
In conclusion, none of the extravagant buy-backs of low reliability water licences
have, thus far, assisted society to avoid crossing those thresholds that ‘endanger…
the basic integrity of the system’ (Bruntland Report 1987, para 23).
5 ‘Murder’: Fish Kills
In late 2018 and early 2019, there were three major fish kill events in the Menindee
Lakes. Murray Cod (up to 70 years old) Golden Perch, Silver Perch and Bony
Herring all died as part of the estimated million or more fish deaths.
Following the kills, two major reports were commissioned. The Vertessy Report
concluded that the immediate cause of the fish kills was stratification of the water
column in the weir near Menindee (Vertessy et al. 2019), leading to low levels of
dissolved oxygen that denied the fish the oxygen they needed to survive (NSW
Department of Industry 2019).
The Moritz Report agreed but also highlighted long and medium-term causes,
blaming drought and excessive upstream diversions of water for irrigation (AAS
2019 Pt 4,7). It found that prior water releases from the Menindee Lakes contributed
to the lack of local reserves, observing that it is important to maintain even low
flows to help fish breed and to supply water to towns (AAS 2019, p. 23, 36).
5.1 Fish Kills and Excessive Water Abstractions
The Moritz Report concluded that the decline in long term flows is related to ‘pumping environmental water, increased flood plain harvesting, policy changes in NSW
in relation to the Barwon-Darling [WSP] and access to low flows and theft’ (ASS
2019, p. 36). The result is that the ‘maximum dry periods between low flow events
have doubled’ and may be up to 10 times longer while low flows themselves have
been reduced by 70% (ASS 2019, p. 26), suggesting a link between governance and
environmental harm.
Such a link was arguably affirmed by the Natural Resources Commission report
on the Barwon-Darling’s WSP which observed that the Barwon-Darling was ‘an
ecosystem in crisis’ (NRC 2019, p. 1). Fish kills represent only one, very visual
example of that ecological crisis. Such crises will continue if the volume of water
abstracted by irrigators is not reduced. Those abstractions put pressure on the
J. Gray