Prosecution starts over alleged water pipeline breach

The Natural Resources Access Regulator (NRAR) has begun a prosecution in the NSW Land and Environment Court (LEC) against a Wentworth region irrigator and company who are alleged to have illegally interfered with a Western Murray Irrigation pipeline and unlawfully taken water from it.

NRAR alleges that on two separate properties in 2016 and 2019 the defendants connected an unapproved pipeline to the Western Murray Irrigation supply pipeline to divert water.

It is further alleged that the defendants took water at these same properties without Western Murray Irrigation’s permission in the 2018/2019 and 2019/2020 water years.

The alleged illegal take of water occurred during a period of severe drought in NSW.

This is the first time NRAR has prosecuted under sections 342 and 343 of the Water Management Act 2000, which are intended to protect water supply infrastructure and stop water being taken illegally from it.

Western Murray Irrigation is a public company responsible for maintaining 184 km of pipelines, pumps and other equipment, which supply and service over 4,100ha of irrigated land in Curlwaa, Coomealla and Buronga.

The main crops grown in the area are wine grapes, citrus, vegetables, fruit and nut trees, dried (vine) fruit and table grapes.

The defendants face two counts of illegally interfering with the water supply pipeline at two premises. They face three counts of unlawfully taking water from the pipeline on three separate occasions.

NRAR Chief Regulatory Officer Grant Barnes said the allegations were serious and highlighted the importance of protecting the integrity of irrigation infrastructure for all water users' benefit.

“We know that the total value of water entitlements in NSW is about $29 billion, and that figure is rising,” Mr Barnes said.

“Regional irrigated agriculture business depends on fair access to those water resources,” he said.

“Some of the most valuable water assets in the state are in the southern inland zone of NSW including the Murray and Murrumbidgee regions.”