PROPOSED VARIATION NO. 69

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1 TASMAN DISTRICT COUNCIL PROPOSED TASMAN RESOURCE MANAGEMENT PLAN PROPOSED VARIATION NO. 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Notified 27 February 2010 AMENDMENTS The Proposed Tasman Resource Management Plan is amended in accordance with the following schedule. 1. CHAPTER 30: TAKING, USING, DAMMING AND DIVERTING WATER 1.1 SECTION 30.0: INTRODUCTION Insert new text into 30.0D under the heading Diversion of Water : Farm drainage activities also divert groundwater or water from surface water bodies, including wet areas in paddocks, and drains can also divert water away from wetlands Delete Schedule 30.1 and replace with an amended Schedule (Variation 69 amendments are as underlined) Schedule 30.1: Uses and Values of Rivers, Lakes, Wetlands, Aquifers and Coastal Waters This schedule also includes, as appropriate, the waters of the estuaries and coastal margins listed in Schedule 25.1F. (1) All groundwater (All groundwater may have any of these uses and values and information may be required to identify existence of values and to assess the impact of proposed activities on these values and uses.) In Situ Uses and Values Contribution to river and spring flows. Prevention of seawater intrusion. Phreatic ecological communities. Maintenance of aquifer pressures (abstraction rates to match recharge rates). Maintenance of contribution to river or spring flows. Protection of water supply needs of stock and domestic users (provided there is full penetration of any alluvial aquifer). supply at an acceptable level. Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 1

2 Specific Uses and Values of Aquifers (2) Upper Confined In Situ Uses and Values Aquifer Contribution of flow to the Waimea River. Maintenance of Waimea River minimum (3) Delta Zone Contribution of flows to Neiman and Pearl flow. Aquifer Creeks. Maintenance of Pearl Creek minimum (4) Lower Confined flow and flows in Neiman Creek. Aquifer Prevention of seawater intrusion. Maintenance of aquifer pressures (abstraction rates to match recharge rates). (5) Motueka Plains, Central Plains and King Edward Zones Aquifers (6) Hau Plains Zone Aquifer (7) Karst Terrain Aquifers and rivers Contribution to coastal springs flows. Contribution of flow to Hau Plains Zone aquifer. In Situ Uses and Values Subsurface aquatic habitat. Contribution to Waikoropupu Springs, Motueka River and Riwaka River flows. Human consumption In Situ Uses and Values Protection of water supply needs of stock and domestic users. supply at an acceptable level. Maintenance of flows in coastal springs. Maintenance of flow to Hau Plains Zone aquifer. Prevention of seawater intrusion. Maintenance of aquifer pressures (abstraction rates to match recharge rates). Protection of water supply needs of stock and domestic users (provided there is full penetration of any alluvial aquifer). supply at an acceptable level. In Situ Uses and Values Maintenance of aquifer pressure (abstraction sources to match recharge rates). Protection of water supply needs of stock and domestic users. Provision of alternative water supply to domestic water users in coastal margin to avoid effects of seawater intrusion. Maintenance or increase of water users security of supply at an acceptable level. Protection of subsurface aquatic habitats. Maintenance of Waikoropupu Springs and Riwaka River flows. Protection of water supply needs of stock and domestic users. supply at acceptable level. Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 2

3 (8) All surface water bodies (All surface water may have any of these uses and values and information may be required to identify existence of values and to assess the impact of proposed activities on these values and uses) Aquatic ecosystems, wildlife and aquatic Maintenance of minimum low flows for plant habitat. instream aquatic values including Contact and non-contact recreation fisheries values. activities. Protection of contact and non-contact Cultural and spiritual values. recreation activities. Landscape values. Protection of landscape cultural and Contribution to lowland spring flows. spiritual values. Specific Uses and Values of Rivers and Wetlands (9) Waimea River Aquatic ecosystems, wildlife and aquatic plant habitat. Contact and non-contact recreation activities. Cultural and spiritual values. Landscape values. Contribution to lowland spring flows. Instream native and trout fisheries values and trout passage. Contribution to Neiman and Pearl creek spring flows Nationally significant banded dotterel on the Waimea River. (10) Neiman and Pearl Creeks Native fish habitat, including the nationally significant native fishery of Neiman and Pearl creeks. Regionally significant wildlife habitat in Neiman and Pearl creeks. (11) Wai-iti River Trout spawning. Contribution to Waimea River flows. Contribution to groundwater levels. Human consumption supply at an acceptable level. Protection of supplies for stock and domestic users. Maintenance of flows during drought periods to: sustain habitat needs of native fish and trout; sustain flow in Neiman and Pearl creeks; and avoid seawater intrusion. Protection of recreational activities. 1 No further reduction in users' security of supply. 1 Maintenance of minimum flows to protect instream and wild life habitats. Protection of trout spawning values. Contribution to minimum flow at Livingston Road and enhancing groundwater levels in the Wai-iti Dam Service Zone. Maintenance or improvement of users security of supply to an acceptable level. Note: 1 These objectives for the Waimea River will be reviewed if a water augmentation scheme is commissioned or within 10 years of these provisions becoming operative, whichever is the sooner. Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 3

4 (12) Wairoa, Roding and Lee Rivers (13) Moutere Surface Water Resources Native fish and trout habitat. Protection of instream values including Contribution to Waimea River flows. fisheries and natural values. Protection of recreation activities in the Cultural, spiritual and landscape values Lee and Roding Rivers. Kayaking values in: Maintenance of contribution to Waimea Wairoa River left branch from road River flows. end (E N ) to Lee Protection of landscape, cultural and River confluence of regional spiritual values., particularly at flows above 20 cumecs measured at Wairoa at Irvines Wairoa River from Lee River confluence to WEIS weir of regional, particularly at flows above 30 cumecs measured at Wairoa at Irvines Eel habitat. Giant kokopu habitat Maintenance of users security of supply at an acceptable level. Maintenance of minimum flows to protect instream habitat, particularly for eels. Maintenance and improvement of users security of supply to acceptable levels. Maintenance of minimum flows for stock and domestic water supplies. (14) Motueka River and its tributaries including the Wangapeka, Motupiko, Baton and Pearse rivers Trout fishery of national in Motueka River. Native fisheries including eel habitat and aquatic ecosystem, including, regionally significant trout spawning habitat in the east bank tributaries of the Motueka River, and regionally significant native fish habitat in Motupiko River. Nationally significant banded dotterel in the Motueka River. Cultural, spiritual and Internationally significant karst values in the Baton River. Nationally significant black-fronted tern and black-billed gull nesting sites in Motueka River from Tapawera (about E N ) to its confluence with the Wangapeka River. Protection of instream values particularly trout and native fisheries values. Maintenance of water flows consistent with the Water Conservation (Motueka River) Order Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 4

5 (15) Riwaka River including north and south branches and resurgences. (16) Buller River and tributaries including the Gowan, Mangles, Matakitaki, Matiri, Maruia, Fyfe, Travers, Owen, Glenroy, Tiraumea and Tutaki Kayaking values in the: Motueka River from Macleans Reserve to Woodstock of regional Motueka River from Baton Bridge (Woodstock) including Blue Gums Rapid (100m each side of E N ) of regional Baton River and Ellis Creek (at flows above 40 cumecs in the Baton River) Pearce River Wangapeka River from road end (about E N ) to Motueka River confluence. Wildlife habitat, including nationally significant blue duck habitat in the Baton Upper Wangapeka and Rolling rivers and tributaries of the Rolling River upstream of E N Maintenance and improvement of users security of supply to acceptable levels. Maintenance of minimum flows for stock and domestic water supplies. Small scale hydroelectric power generation Alluvial gold resources in parts of the Baton, Ellis, Wangapeka, Sherry and Tadmor Rivers Trout fishery of regional. Native fisheries habitat and aquatic ecosystem. Kayaking values of regional (above median flows). Cultural, spiritual and Human consumption Trout fisheries of national importance in the Buller River and regionally important trout spawning in the Travers, Owen, Maruia and Fyfe rivers. Native fisheries, eel and wildlife habitat, including regionally significant blue duck or water fowl habitat in the Buller, Matiri, Travers, and Owen rivers and nationally significant blue duck habitat in the Fyfe River. Nationally significant karst values of the Owen River. Cultural, spiritual and landscape values including significant landscape/natural Maintenance of minimum flow regime to protect instream values and aquatic habitats. Maintenance of users security of supply at acceptable level. Maintenance of flows and levels consistent with the National Water Conservation Order (Buller River). Protection of aquatic habitat especially blue duck and, trout spawning habitat. Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 5

6 character values at: Blue Rock Gorge Maruia Falls Nationally significant black-fronted tern and black-billed gull nesting areas in: Matakitaki River from confluence with Nardoo Creek to the top of Mammoth Flat (E N ) Matakitaki from Horse Terrace Bridge (E N ) to its confluence with the Six Mile Howard River downstream from its confluence with Gibbs Creek Buller River from 3 km above its confluence with Howard River to SH63 Kayaking and rafting values: Matakitaki River from confluence with Nardoo Creek to the top of Mammoth Flat (E N ) of regional Matakitaki River from E N to Six Mile of national Matakitaki River from Horse Terrace to E N of regional Matakitaki Earthquake Rapids (from E N to E N of national Glenroy River east branch (about 6km upstream of Glenroy Bridge) to Matakitaki River of national Buller River from Lake Rotoiti to SH63 of national Buller River from SH63 to Teetotal Creek of regional Buller River from Hope River to Gowan Bridge of regional Buller River from Kennedy Creek (about 1.5 km upstream of O Sullivans Bridge) to Brown Creek (about 1.5 km downstream Ariki Falls) of national. Buller River from Gowan Bridge to Murchison including Granity Rapid and Eel Hole adjacent to Riverview Campground Gowan River from Lake Rotoroa to Buller River of regional sigificance Matiri River from about 2.5 km upstream of Matiri River west branch to 8 km downstream confluence of Matiri River west branch of regional Mangles River upstream from 4 km upstream of Blackwater River of regional Maruia River of national Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 6

7 (16A) Lakes Rotoiti and Rotoroa and Matiri (17) Black Valley Stream (18) Naturally occurring wetlands including Puponga, Mangarakau, and Rakopi Swamps, and Lakes Otuhie, Kaihoka and Stanley Small scale hydroelectric power generation. Hydro-electric power generation in the Matiri and Matakitaki rivers. Alluvial gold in parts of the Lower Buller, Matakitaki, Maruia, Howard, Maude, Maggie and Louis rivers. Native fisheries, eel and wildlife habitat, Maintenance of levels consistent with including regionally significant blue duck the Water Conservation (Buller River) or water fowl habitat in Lakes Matiri, Order Rotoiti and Rotoroa. Protection of aquatic habitat. Regionally significant fisheries and wildlife habitats. Nationally significant aquatic vegetation values in Lakes Rotoiti and Rotoroa. Kayaking and boating value in Lake Rotoiti and Rotoroa of regional. Contact and non contact recreation. Cultural, spiritual, landscape values and natural character. Nationally significant native fishery in Lake Matiri. Aquatic habitat especially native fisheries and eels habitat and regionally significant trout spawning habitat. Landscape values. Maintains flows and water quality in Lake Rotoiti. Maintenance of flows and water quality in Lake Rotoiti. Protection of aquatic habitat. Stock and farm water supply Aquatic habitats including native and eel Maintenance of existing water levels fisheries and plant habitats, including the and flows to protect aquatic habitats and regionally significant aquatic vegetation, water quality. aquatic fishery and water fowl habitat in Provision for flood mitigation. the Kaihoka Lakes. Protection of for cultural, spiritual and Nationally significant native fishery in Mangarakau swamp. Regionally significant water fowl habitat in Lakes Kaihoka. Water quality improvement. Mitigation of flood flows. Cultural, spiritual and landscape values including significant landscape values at Kaikoka Lakes (19) Waikoropupu Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 7

8 Springs Internationally significant wetland values including plant, macroinvertebrate, and fauna habitat and cultural, spiritual and Maintenance of existing water levels and flows to protect aquatic habitats and cultural, spiritual and landscape values (20) Motupipi River (21) Takaka, Anatoki, Waingaro, Aorere, Anatori, Wainui, Taupata, Burton Ale, Big, Anaweka, Turimawiwi, Cobb, Onekaka, Puramahoia and Pariwhakaoho Rivers Aquatic habitat including regionally significant native fishery habitat. Kayaking values of regional (from E N to estuary) Cultural, spiritual and Maintenance of water flows to protect aquatic habitat, especially native fisheries. Maintenance of flows to protect cultural, spiritual and Native fishery habitat that is nationally Maintenance of water flows to protect significant in the Anatori, Anaweka, aquatic and wildlife habitat, especially Turimawiwi, Burton Ale, Wainui and native fisheries. Taupata rivers, and Camp and Lagoon Maintenance of flows to protect cultural, creeks, and regionally significant in Big spiritual and and Cobb rivers. Regionally significant whitebait habitat in the Aorere River. Eel habitat. Blue duck habitat that is nationally significant in Anatori River and regionally significant in Big, Burgoo, Anatoki and Upper Cobb rivers. Trout spawning values that are regionally significant in the Kaituna River. Cultural, spiritual and landscape values including significant landscape values at around Salisbury Bridge and Devils Boots and Wainui Falls. Kayaking values in: Takaka River - from 2 km upstream of Cobb Power Station to Blue Hole and 5 km upstream fo Paynes Ford to SH60 of regional Cobb River Waingaro River Lake Stanley to Takaka River Anatoki River Anatoki Hut to Anatoki Valley sawmill Parapara Richmond Flat to SH 60 Slate River 8 km upstream of Aorere River to Aorere River confluence at Devils Boots - all of regional (above 70 percentile flows) Aorere River 5 km upstream of Salisbury Bridge to Collingwood of regional Wairoa River (flat water from estuary) of regional Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 8

9 Human consumption Regionally significant hydro-electric power generation in Takaka River. Hydro-electric power generation in Waikoropupu and Onekaka rivers Alluvial gold resources in parts of the Waitui, Aorere, Kaituna and Slate rivers. (23) Coastal Water Aquatic ecosystems, marine fauna and aquatic plant habitat. Recreation value. Protection of aquatic habitat, and cultural, spiritual and Protection of recreational values. Cultural, spiritual and Use by ships and offshore installations, ballast for ships, fish processing and aquaculture. Notes: (1) The tributaries of each of the rivers listed are also included within the management objectives for that river as appropriate. (2) The Council also maintains a database identifying the particular uses and values and their, of water bodies and parts of water bodies in the District. The database which is not yet complete and still under development will complement this schedule by giving the site-specific information at a much more detailed level than the overview provided here. (3) The uses and values listed in the schedule are not ranked in order of value or importance. (4) There is no local or national verification for thresholds that have been included for specific values (i.e. national, regional or local ). Significance assessment for uses and values are to be developed through a systematic, nationally-repeatable process. 2. CHAPTER 31: RULES FOR WATER TAKES, DIVERSIONS, USES OR DAMMINGS 2.1 SECTION 31.1: WATER TAKE, DIVERSION OR USE Insert a new condition into Rule : The diversion is not a diversion of groundwater or surface water for land drainage (refer to Rule ). 2.2 SECTION 31.2: DAMMING OF FRESH WATER Insert into 31.2: Chapter 28 in Part IV regulates dam structures in the bed of rivers or lakes Delete in rules and matter (6) (which refers to compliance with NZSOLD) and matter (9) referring to structural stability. Proposed Variation 69 Consequential Amendments to Part V arising from Part IV (Rivers and Lakes) Page 9