Rights to Surface Water

The Water Act 1989 details the rights of the Crown, Water Authorities and individuals to water in Victoria. The Crown's Rights To Water In Victoria the Crown has the right to the use, flow and control of all water in waterways, and all groundwater. Water Authority's Rights To Water Water Authorities have rights to water for supply to their customers, as specified in their Bulk Entitlements.
Water Entitlements The term 'Water Entitlements' refers to: Water Rights in Irrigation Districts (Private) Diversion Licences Groundwater Extraction Licences Bulk Entitlements for Authorities	Irrigation waterwheel (source DPI Tatura)

Private Rights To Water (see table)
An individual's right to water is extensive:

• Runoff, and other water flowing or occurring on a farm but not in a waterway or bore, may be used by that farm for any purpose free of charge and without licencing. This includes stock and domestic, irrigation or any other commercial undertaking.
• Water flowing in an on-farm waterway, or any groundwater, may be used by the landholder for stock and domestic purposes free of charge and without licencing.
• Water collected in farm dams located on waterways may be used for stock and domestic purposes free of charge and without a licence. However, a licence to construct dams on waterways is required.
• Where there is access by public road or reserve, drover's rights permit the taking of water for stock and domestic purposes from public waterways.
• Water Entitlements to divert directly from waterways may be purchased on the open market under certain conditions.
• Rural and Urban Water Authorities provide access to Irrigation District and Urban supply systems.

Licences or other approvals are required for: constructing dams on waterways diverting water for irrigation and other commercial use from on-farm waterways diverting water from off-farm streams for irrigation and other commercial purposes diverting water for stock and domestic use from a waterway where there is a crown reserve or other land between the farmer's land and the waterway accessing Rural Water Authority supply systems accessing Urban Water Authority urban and industrial supply systems purchase of wastewater from Urban Water Authorities

Access Rights and Licencing for various sources of Surface Water for various purposes

Stock and Domestic Water
Source of Water	Form of Entitlement to Customers	Who issues Entitlement3	Cost
On-farm water, not in a waterway or bore	Private Right	-	no charge
On-farm waterways	Private Right	-	no charge
Any waterway accessible by public road or reserve	Private Right	-	no charge
Waterways, where not adjacent to allotment	Licence	RWA	yes
Waterway with frontage	Licence	RWA	yes
Farm dams	Private right1	-	no charge
RWA ~ Stock and Domestic supply system	Rateable assessment	RWA	yes
Irrigation Uses
Source of Water	Form of Entitlement to Customers	Who issues Entitlement3	Cost
On-farm water, not in a waterway or bore	Private right	-	no charge
On-farm waterways	Licence	RWA	yes
Farm dams 1	Licence	RWA	yes
RWA ~ Irrigation District supply system 2	Water Right	Water Market2	yes Market Price
RWA ~ Private Diversion2	Diversion licence	Water Market 2	yes Market Price
NMUWA ~ Wastewater Melbourne Water ~ Wastewater	Agreement Agreement	NMUWA Melbourne Water	yes yes
Industrial and Commercial Uses
Source of Water	Form of Entitlement to Customers	Who issues Entitlement3	Cost
Water on property, not in a waterway or bore	Private right	-	no charge
Waterway on property	Licence	RWA	yes
Private dam 1	Licence	RWA	yes
RWA ~ Irrigation District supply system2	Water right	Water market2	yes Market Price
RWA ~ Private Diversion2	Diversion licence	Water Market2	yes Market Price
NMUWA ~ Wastewater	Agreement	NMUWA	yes
Melbourne Water ~ Wastewater	Agreement	Melbourne Water	yes
RWA ~ Stock and Domestic supply system	Water Right	RWA	yes
NMUWA ~ Urban supply	Rateable assessment	NMUWA	yes
Melbourne retail businesses ~ Urban supply	Rateable assessment	Retail business	yes
Urban Water
Source of Water	Form of Entitlement to Customers	Who issues Entitlement3	Cost
NMUWA	Rateable assessment	NMUWA	yes
Melbourne retail businesses	Rateable assessment	Retail business	yes

Notes:
¹ Licencing is required to construct a dam on a waterway.
² Water Entitlements can be purchased on the open market at market prices.
³
RWA - Rural Water Authority
NMUWA - Non-Metropolitan Urban Water Authority
Melbourne Water
Further details
Contact your local Urban or Rural Water Authority for further details.

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