Chapter 16: Takes, Uses and Diversions of Water, and Bores

16.3 Rules - Takes and Uses of Water

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The requirements specified in the Resource Management (National Environmental Standards for Freshwater) Regulations also apply, as rules, in addition to the following rules (including in relation to activities within and near natural wetlands*).  One Plan users must refer to the Regulations and they should be read in conjunction with the following rules.  Where there is conflict between the provisions of the Regulations and any of the following rules, the more stringent provision will apply.
 

Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
16-1 Minor takes and uses of surface water^ The take or use of surface water^ pursuant to s14(2) and s14(3)(b) RMA. Permitted
  1. The rate of take must not exceed:
    1. 400 l/ha per day for animal farming up to a maximum of 30 m3/day per property*
    2. 15 m3/day per property* where the water is for any other use. The rates of take allowed under (i) and (ii) cannot be added: the maximum allowable rate of take under this rule is 30 m3/day per property*.
  2. The rate of take must not exceed 2.0 l/s.
  3. An intake screen with a mesh aperture size not exceeding 3 mm in diameter must be used and the intake velocity must not exceed 0.3 m/s.
  4. The take must not be from a rare habitat*, threatened habitat* or at-risk habitat*
  5. The water^ must be used on the property*.
  6. The Regional Council must be notified in writing of the location of the take, the maximum instantaneous rate of take and the intended use of water^.
  
16-2 Minor takes and uses of groundwater The take or use of groundwater pursuant to s14(2) and s14(3)(b) RMA. Permitted
  1. The rate of take must not exceed:
    1. 400 l/ha per day for animal farming up to a maximum of 50 m 3/day per property*
    2. 50 m 3/day per property* where the water is for any other use.
    The rates of take allowed under (i) and (ii) cannot be added: the maximum allowable rate of take under this rule^ is 50 m 3/day per property*.
  2. The take must not be located within 50 m of any other bore* on any other property*.
  3. The take must not be located within 100 m of any river^ or lake^, or within 200 m of any wetland^ that is a rare habitat* or threatened habitat*
  4. The take must not be from any rare habitat*, threatened habitat* or at-risk habitat*
  5. The take must not lower the water^ level in any wetland^ that is a rare habitat* or threatened habitat*
  6. There must be a means of controlling the rate of flow where a bore* would otherwise be free-flowing, and water^ must not be allowed to run to waste.
  7. The water^ must be used on the property*.
  8. The Regional Council must be notified in writing of the location of the take, the maximum instantaneous rate of take and the intended use of water^.
  
16-3 Use of heat or energy from surface water^ The use of heat or energy from surface water^ pursuant to s14(2) RMA. Permitted    
16-4 Bore* and groundwater testing The take and use of groundwater for bore* or groundwater testing purposes pursuant to s14(2) RMA, and any ancillary discharge^ of groundwater or contaminants^ into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA. Permitted
  1. The Regional Council must be notified in writing at least 5 working days^ prior to commencement of the test.
  2. The rate of take must not exceed 60 l/s.
  3. The duration of any single test must not exceed 7 days.
  4. The activity must be carried out in accordance with the NZS 4411:2001 Environmental Standard for Drilling of Soil and Rock.
  5. The take must not be from any rare habitat*, threatened habitat* or at-risk habitat*
  6. The take must not lower the water^ level in any wetland^ that is a rare habitat* or threatened habitat*.
  7. Where the discharge^ is into water^ the discharge^ must not:
    1. change the receiving water^ temperature by more than 3°C after reasonable mixing*
    2. cause erosion of the bed^ of the receiving water body^
    3. alter the natural course of the receiving water body^
    4. cause visibly noticeable iron flocculation in the receiving water body^.
  8. Where the discharge^ is onto land^ the discharge^ must not increase land^ instability or the risk of erosion.
  9. The discharge^ must not cause or contribute to flooding on any other property*.
  10. Following completion of the test, the bore* must be covered and secured as soon as practicable.
  11. Records of all pumping and recovery tests must be kept by the owner^, including the location of the pumped bore* and any monitoring bores*, the flow rate during pumping, the water^ level at the pumped bore* and any monitoring bores*, and the time at which all measurements are taken. These records must be forwarded to the Regional Council within 1 month of completion of the tests.
  
16-5 Takes and uses of surface water^ complying with core allocation

Except as permitted by Rule 16-1, the take or use of surface water^ from a river^ pursuant to s14(2) RMA.

Advice Note:

Information regarding the volume of core allocation that is still available may be found on the Regional Council’s website.

 Controlled
  1. Water^ must only be taken when the river^ is above its minimum flow, as assessed in accordance with Schedule C.
  2. The amount of water^ taken, when assessed in combination with all other water^ takes must not exceed the relevant cumulative core allocation limits set out in Schedule C.
  3. The amount of water taken from a river^ must not lower the water^ level in any wetland^ that is a rare habitat* or threatened habitat*
  4. The take must not be from any rare habitat*, threatened habitat* or at-risk habitat*

Control is reserved over:

  1. the volume and rate of water^ taken, and the timing of the take
  2. the location of take
  3. intake velocity and screening requirements
  4. measures to avoid, remedy or mitigate any adverse effects^ on the Values of the water body^ at and below the point of take
  5. effects^ on the natural flow regime, the magnitude of the median flow and the frequency of flushing flows
  6. the efficiency of water^ use
  7. effects^ on other water^ takes
  8. effects^ on rare habitats*, threatened habitats*, at-risk habitats* and Sites of Significance - Aquatic
  9. compliance with minimum flow requirements
  10. duration of consent
  11. review of consent conditions^
  12. compliance monitoring.

Resource consent^ applications under this rule^ will not be notified and written approval of affected persons will not be required (notice of applications need not be served^ on affected persons).
16-6 Existing essential takes and uses of surface water complying with core allocations taken at or below the minimum flow

Except as regulated by Rule 16-1 or Rule 16-5, the take, use or diversion of surface water^ pursuant to s14(2) RMA at or below the minimum flow by essential takes complying with Policy 5-18(d) (i) existing as at 31 May 2007 provided:

  1. The amount of water* taken must not exceed
    1. 250 litres per person per day for domestic needs
    2. 70 litres per animal per day for drinking water*
    3. 70 litres per animal per day for existing dairy shed washdown
  2. The take must not be from any rare habitat*, threatened habitat* or at-risk habitat*

Advice note: the effect of any permitted takes will not be taken into consideration when assessing activities under this rule.

 Discretionary    
16-7 Replacement consents for takes and uses of surface water^ by existing hydroelectricity schemes The take, use or diversion of surface water^ pursuant to s14(2) RMA by existing consented hydroelectricity generation schemes for which replacement consents are sought. Controlled
  1. The consent application is to replace existing consents that are expiring and there is no increase to the existing volume or rate of take or diversion.
  2. The take must not be from any rare habitat*, threatened habitat* or at-risk habitat*

Control is reserved over:

  1. the volume and rate of water^ taken and the timing of the take
  2. the location of take
  3. intake velocity and screening requirements
  4. measures to avoid, remedy or mitigate any adverse effects^ on the Values of the water body^ at and below the point of take
  5. measures to avoid, remedy or mitigate any adverse effects on the instream geomorphological components of natural character of the water body
  6. effects^ on rare habitats*, threatened habitats* and at-risk habitats*and Sites of Significance - Aquatic
  7. compliance with minimum flows
  8. measures to avoid, remedy or mitigate adverse effects^ on tangata whenua^ matters
  9. duration of consent
  10. review of consent conditions^
  11. compliance monitoring. Resource consent applications under this rule will be notified to those parties who are adversely affected in relation to the matters over which control is reserved. This clause does not preclude full public notification at the council’s discretion in accordance with the RMA.
16-8 Takes and uses of surface water^ not complying with core allocations or takes and uses of water^ taken at or below minimum flow

Except as regulated by Rules 16-1, 16-7 or 16-9, the take or use of surface water^ from a river^ pursuant to s14(2) RMA:

  1. which, when assessed in combination with all other water^ takes, exceeds the relevant cumulative core allocation limits set out in Schedule C, or
  2. which is taken at or below the minimum flow (unless the take is a permitted or essential take complying with Rule 16-6)
This rule does not include takes in circumstances where water is only taken when the river flow is greater than the median flow (these are a discretionary activity under Rule 16-9).

Advice Note: Information regarding the volume of cumulative core allocation that is still available may be found on the Regional Council’s website.		 Non-complying    
16-9 Other takes and uses of water^ The take or use of surface water^ or groundwater pursuant to s14(2) RMA, which is not regulated by any other rules^ in this chapter or which does not comply with the permitted activity^ or controlled activity^ rules^ in this chapter, or the take or use of groundwater at a rate exceeding 50 m3/day per property*, except takes for bore* or groundwater testing permitted under Rule 16-4. Discretionary    


Rule guide:

Takes or uses of water from rare habitats*, threatened habitats* or at-risk habitats* are regulated by Rules 13-8 and 13-9.
Takes or uses of water from water storage facilities that are not within a water body^ do not require a resource consent.

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