5.9.2 Water Quality Policies

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Hawke's Bay Regional Resource Management Plan Plan Change 6

5.9 Tukituki River Catchment 5.9.1 Fresh Water Objectives

OBJ TT1 To sustainably manage the use and development of land, the discharge of contaminants including nutrients, and the taking, using, damming, or diverting of fresh water in the Tukituki River catchment so that:

(a) Groundwater levels, river flows, lake and wetland levels and water quality maintain or enhance the habitat and health of aquatic ecosystems, macroinvertebrates, native fish and trout;

(b) Water quality enables safe contact recreation and food gathering;

(ba) Water quality enables safe and reliable human drinking water supplies;

(c) There are fewer occurrences The frequency and duration of excessive periphyton growths¹ that adversely affect recreational and cultural uses and amenity are reduced;

(d) The significant values of natural wetlands are protected;

(e) The mauri of surface water bodies and groundwater is recognised and adverse effects on aspects of water quality and quantity that contribute to healthy mauri are avoided, remedied or mitigated;

(f) The taking and use of water for primary production and the processing of beverages, food and fibre is enabled; and

(g) The adverse effects of existing community wastewater discharges to surface water are managed through the use of best practicable options.

OBJ TT2 Where the quality of fresh water has been degraded by human activities to such an extent that Objective TT1 is not being achieved, water quality shall not be allowed to degrade further and it shall be improved to improve its quality progressively over time so that OBJ TT1 is achieved by 2030.

TT3 To ensure that:

(a) as a first priority land use activities and discharges to land do not cause groundwater quality to degrade to the extent that it is unsuitable for domestic and stock water drinking purposes,. or

(b) Alternatively if such degradation does occur, the water supplies of the affected people and communities are treated to an appropriate standard for the uses being made of the water or alternative potable water supplies are provided.

OBJ TT4 To manage the abstraction of surface water and groundwater within a minimum flow regime and allocation limits that achieve OBJ TT1 while recognising that existing takes support significant investment.

In recognition that the security of supply for existing surface water irrigation takes is low, to avoid any further allocation of surface water and groundwater to individual consented abstractors and not reallocate water that is freed up through the surrender or non-renewal of individuals’ existing surface water and groundwater take consents.¹

OBJ TT4A To recognise that industry good practice for land and water management can assist with achieving Objectives TT1 to TT4.

OBJ TT5 Subject to Objectives TT1 to TT3 TT4, to enable the development of on-farm storage and Community Irrigation Schemes² that improve and maximise the efficient allocation and efficient use of water.

1 Growths that exceed the periphyton limits and targets set in Table 5.9.1B.

2 The term References to Community Irrigation Scheme as used in chapter 5.9 of the RRMP means a water supply system that is capable of supplying irrigation water to at least 5,000 hectares of land is defined in the Glossary.

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5.9.2 Water Quality Policies

POL TT1 SURFACE WATER QUALITY LIMITS, TARGETS AND STATE INDICATORS

1. In surface water bodies³ in Water Management Zones 1, 2, 3 and 5 Hawke’s Bay Regional Council will (in Table 5.9.1B):

(a) Set instream water quality concentration limits and targets⁴ for nitrate-nitrogen (NO3-N) to avoid protect aquatic fauna from toxicity effects on aquatic fauna;

(b) Set instream water quality concentration limits and targets⁴ for dissolved reactive phosphorus (DRP) and instream targets for periphyton biomass and cover (with the targets to be met by 1 July 2030).

2. In surface water bodies in Water Management Zone 4 Hawke’s Bay Regional Council will (in Table 5.9.1B) set dissolved inorganic nitrogen and dissolved reactive phosphorus limits that reflect existing⁵ instream water quality concentrations in recognition that the existing level of periphyton biomass and cover is currently acceptable and it should not be permitted to increase due to that Zone’s existing high biodiversity values.

3. In surface water bodies⁶ in all Water Management Zones Hawke’s Bay Regional Council will:

(a) Set (in Tables 5.9.1A ) instream water quality limits for Temperature, Dissolved Oxygen, Escherichia coli (E.

coli), Total Ammoniacal Nitrogen and Other Toxicants;

(b) Set (in Table 5.9.1B and C) environmental state indicators⁷ for the Macroinvertebrate Community Index (MCI), Visual Water Clarity and Deposited Sediment.

4. Manage point source discharges and the use of production land upstream of any registered drinking water supply takes to ensure compliance with the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 and the Drinking-Water Standards for New Zealand).

POL TT2 GROUNDWATER QUALITY LIMITS 1. For groundwater Hawke’s Bay Regional Council will:

(a) Subject to OBJ TT3, Manage the adverse effects of activities likely to affect the quality of groundwater located 10m or more below ground level in accordance with the limits for aesthetic, organic and inorganic determinands; Escherichia coli and nitrate-nitrogen set in Table 5.9.2;

(aa) Set (in Table 5.9.2) an environmental state indicator for the annual average concentration of nitrate-nitrogen;

(ab) Manage activities likely to affect the quality of groundwater connected to and affecting surface water quality having regard to the limits and targets set in Tables 5.9.1A and 5.9.1B;

(b) Manage point source discharges and the use of production land upstream of any registered drinking water supply takes to ensure compliance with the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 and the Drinking-Water Standards for New Zealand.

2. The implementation of POL TT2(1) shall take into account uncertainties associated with variables such as the location of the activity, the spatial and temporal nature of groundwater flows, seasonal variations in groundwater levels, and the effects of historical production land use activities on existing and future groundwater quality.

3 Excluding Lake Hatuma.

4 “Limits” apply where the existing water quality is better than the desired numerical value and “targets” apply where the existing water quality is worse than the desired numerical value.

5 In POL TT1 to TT15 and Rules TT1 to TT5 “existing” means as at [date of PC notification].

7 “Indicators” define what the state of certain water quality parameters should be in order to safeguard the life supporting capacity of the water body but they are not “limits” or “targets”. The “indicators” stated will be used by Hawke’s Bay Regional Council to monitor the effectiveness of the RRMP in achieving the purpose of the RMA in the Tukituki River catchment. The monitoring data collected on the indicators will also inform decision- makers on consent applications about the state of the background environment against which applications should be assessed.

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POL TT3 RECEIVING ENVIRONMENT LIMITS FOR POINT SOURCE DISCHARGES

1. In surface water bodies⁸ in all Water Management Zones Hawke’s Bay Regional Council will manage point source discharges so that after reasonable mixing, contaminants discharged (either by themselves or in combination with the same, similar, or other contaminants) do not cause:

(a) in addition to not causing the Table 5.9.1A and 5.9.1B limits to be exceeded; or

(b) , do not cause the following receiving environment limits to be exceeded at any time⁹ all year round:

(a) The percentage reduction to the Quantitative Macroinvertebrate Community Index (QMCI) score relative to the QMCI upstream of the discharge should not exceed 20% at all flows;

(b) The daily average of the five days filtered / soluble carbonaceous biochemical oxygen demand (ScBOD5) shall not exceed 2 mg/L at flows less than the median flow;

(c) The average particulate organic matter (POM) shall not exceed 5 mg/L at flows less than the median flow;

(d) The concentration of Total Ammoniacal Nitrogen (TNH3-N) (at pH=8.0, Temp=20°C) shall not exceed 4.3 mg/L the acute limits tabulated in Schedule XXIII at all flows (to avoid acute toxicity effects)¹⁰; (e) The percentage reduction to the water clarity relative to the water clarity upstream of the discharge

should not exceed:

(i) 20% at flows less than the median flow in all rivers in Water Management Zone 4, 20% at flows less than the median flow in the mainstem of the Tukituki River in Water Management Zones 1 and 3 and the mainstem of the Waipawa River in Water Management Zone 2;

(ii) 30% at flows less than the median flow in all other rivers in the Tukituki catchment.

2. The implementation of POL TT3(1) shall take into account the need to accommodate:

(a) measurement uncertainties associated with variables such as location, flows, seasonal variation and climatic events;

(b) in relation to discharges, the degree to which a discharge is of a temporary nature, or is associated with necessary maintenance work.

POL TT4 IMPLEMENTING THE NITRATE-NITROGEN LIMITS

1. To ensure that the Table 5.9.1B nitrate-nitrogen surface water quality limits are not exceeded, Hawke’s Bay Regional Council will:

(a) From 1 July June 2013 onwards, require farm properties or farming enterprises exceeding 4 hectares in area to either:

(i) keep the records specified in Schedule XXI so that Nutrient Budgets can be calculated using Overseer¹¹ (or an alternative model approved by Hawke’s Bay Regional Council¹²) if required prior to 1 July 31 May 2018; or

(ii) keep copies of Overseer input and output files that have been prepared in accordance with an industry programme approved by Hawke’s Bay Regional Council;

Except that for low intensity farming systems the property size threshold shall be 10 hectares. This exception is to recognise that low intensity farming systems have low nitrogen losses. The farming systems included in this category may be further developed and included in Regional Resource Management Plan via a plan change prior 31 May 2018.

(b) Require industry good practices (including nitrogen conversion efficiencies) to be implemented on farm properties or farming enterprises in order to minimise nitrogen losses;

9 “At any time” means for any single occasion that the water quality immediately downstream of the end of the reasonable mixing zone is sampled.

10 Refer to Schedule XXIII for total ammoniacal nitrogen concentrations at other pHs and temperatures.

11 Overseer is a nutrient budget model that calculates and estimates the nutrient flows in a productive farming system. It is owned and administered by the Ministry of Primary Industry, Fertiliser Association of New Zealand and AgResearch. The Overseer model is available at http://www.overseer.org.nz/Home.aspx. If a new version of Overseer is released then any nitrogen leaching rates previously calculated with the superseded version must be recalculated using the new version and the same input data as was used previously.

12 To be approved by Hawke’s Bay Regional Council any alternative nitrogen loss model would need to be fit for purpose for the production land use, have a demonstrable repeatability of results, be field tested, and be validated to accepted scientific standards.

Commented [RvV1]: In response to the cross-examination of Mr Millner by Federated Farmers. Wording slightly amended to be consistent with POL TT4(1)(c)(ii)

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(c) Recognise that the Tukituki River catchment is generally in a state of under-allocation with respect to instream nitrate-nitrogen limits therefore:

(i) Allow a reasonable time (by 1 July 2017) for the primary industry sector to develop industry good practice nitrogen leaching rates and nitrogen conversion efficiencies for different production land use, soil type and climate, and to provide industry support to farmers to prepare on-farm Nutrient Budgets;

(ii) Include industry good practice nitrogen leaching rates and nitrogen conversion efficiencies in the Regional Resource Management Plan via a plan change prior to 1 July 31 May 2018^12A;

(iii) Provide until 1 July 31 May 2018 for the managers of existing farming operations to model nitrogen leaching rates through the preparation of Nutrient Budgets¹³ which must be updated at least three yearly. and The initial Nutrient Budgets must be provided to Hawke’s Bay Regional Council while the three yearly updates need only be provided to the Council upon written request;

(iiia) Require that the records kept in accordance with POL TT4(1)(a) and (c)(iii) are to be reviewed annually in accordance with an industry programme approved by Hawke's Bay Regional Council (or in the absence of an industry programme, as directed by Hawke's Bay Regional Council) to assess whether any farm system changes are evident in the previous 12 months. If such a change is evident, the Nutrient Budget for the farm system must be updated to determine whether the nitrogen leached from the land exceeds the relevant Policy TT4(1)(e) benchmark leaching rate by the amounts specified in POL TT4(1)(f).

(iv) Provide until 1 July 31 May 2020 for farm properties or farming enterprises to implement any necessary changes to their farming systems to achieve industry good practice nitrogen leaching rates and nitrogen conversion efficiencies;

(d) Require the use of production land^13A in those Tukituki River sub-catchments where there are localised exceedences of Table 5.9.1B (surface water) and Table 5.9.2 (groundwater) nitrate-nitrogen targets¹⁴ to be subject to a land use consent under Rule TT2 if the targets are still exceeded or become exceeded after 1 July 2018;^14A

(e) Manage more than minor increases¹⁵ in existing nitrogen leaching rates through a resource consent process under Rule TT2. Any increase in nitrogen leaching shall generally be determined relative to the greater of the following benchmarks (to be established before 1 June 2018):

(i) A whole of farm leaching rate of 15 kg/ha/year^15A as determined by a Nutrient Budget; or

(ii) For dairying, sheep and beef, and permanent horticultural crops – the rolling average leaching rate for the whole farm property or farming enterprise as modelled by Overseer (or an alternative model approved by Hawke’s Bay Regional Council) over a two consecutive three year period; or

(iii) For arable farming, non-permanent horticulture and cropping or mixed arable/cropping/livestock farming/non-permanent horticulture – the rolling average leaching rate for the whole farm property or

12A Industry good practice leaching rates for the production land use and soil type will be determined by HBRC in consultation with primary sector industry groups.

13 A Nutrient Budget is defined in the Glossary means either:

(a) a budget prepared in accordance with the “Code of Practice for Nutrient Management (with Emphasis on Fertiliser Use), 2007” published by the Fertiliser Association of New Zealand, and which is prepared or approved by a person who is a Certified Nutrient Management Advisor or who has completed both the “Intermediate” and the “Advanced” courses in “Sustainable Nutrient Management in New Zealand Agriculture”

conducted by Massey University. The information requested by the Hawke’s Bay Regional Council shall be provided in an electronic format compatible with HBRC’s information systems and may include but shall not be limited to the following reports from Overseer or their equivalent if an alternative model is used: Nutrient Budget, Nitrogen, Phosphorus, Summary, Nitrogen Overview; or

(b) an auditable sector specific default nitrogen leaching rate derived from industry specific, statistically representative data for nitrogen leaching rates less than 15 kgN/ha/year.

13A POLs TT4(1)(d), (e) and (f) do not apply to discharges of industrial and trade wastewater to land. Those activities are managed under POLs 16 and 17 and Rules 49 and 52 of the RRMP.

14At the time of Plan Change notification, based on two discrete sampling exercises, there were localised exceedences in the Kahahakuri and Mangapohio tributaries.

14A By 30 June 2018 HBRC will develop a Procedural Guideline in collaboration with primary sector representatives setting out how POL TT4(1)(d) and conditions (k) and (l) of Rule TT1 will be implemented. The Guideline will include, but not be limited to: the process for monitoring water quality trends and alerting affected farming properties if water quality limits are being approached; delineation of the ‘capture zone’ for the relevant water body (the area of groundwater or surface water contributing to the particular part of the water body in question); and, where Rule TT2 is triggered, an adaptive management process for reducing nitrogen leaching from affected farming properties based on the implementation of progressively more stringent on-farm management practices.

15An increase includes a single increase and cumulative increases over time and is defined by the application of POL TT4(1)(f).

15A Comprising any Nutrient Budget within the range of 10 kgN/ha/year to 20 kgN/ha/year.

Commented [RvV2]: New clause agreed between Fonterra, Dairy NZ, Fertiliser Association of NZ, Horticulture NZ , Federated Farmers and HBRC

Commented [RvV3]: New Footnote 14A agreed between Fertiliser Association of NZ and HBRC

Commented [RvV4]: Amendment agreed between Horticulture NZ and HBRC

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farming enterprise as modelled by Overseer (or an alternative model approved by Hawke’s Bay Regional Council) over a consecutive seven year period;

(iiia) For commercial forestry - the average leaching rate for the forested portion of the property over the rotation period for the forest;

(iv) Where records are not available to model average leaching rates for a farm property or farming enterprise, the methodology described in Schedule XXI shall be used.

(f) Categorise any use of production land as a Restricted Discretionary Activity where the increase in whole farm or whole farming enterprise nitrogen leaching as modelled by Overseer (or an alternative model approved by Hawke’s Bay Regional Council) exceeds the lesser of:

1. An increase of 10 % 30 % or more in leaching rate relative to the relevant Policy TT4(1)(e) benchmark forsheep and beef farms, arable farming and cropping, mixed arable/livestock farms (including those farms which winter dairy cows or graze young dairy stock), permanent horticultural crops or forestry; or

1A An increase of 10 % or more in leaching rate relative to the relevant Policy TT4(1)(e) benchmark for dairy farms and commercial vegetable crops.

2. An absolute increase in leaching rate that equals or exceeds 5 kg/ha/yr.

(g) Require production land that requires a resource consent under POLTT4(1)(f) to prepare a Farm Environmental Management Plan prepared in accordance with Schedule XXII.

2. To assist with monitoring the effectiveness of POL TT4(1) the Hawke’s Bay Regional Council will by 1 July 2017:

(a) Determine maximum allowable water management zone loads¹⁶ (MAZL) for nitrogen and estimate the actual farm scale nitrogen losses in each zone using the methodology described in Schedule XIX; and

(b) Compare the farm property or farming enterprise scale nitrogen losses at a water management zone level with the MAZLs and use this information when assessing resource consent applications for the use of production land and incorporate that information in its regular state of the environment reporting; and (c) Incorporate that information in its regular state of the environment reporting.

POL TT5 IMPLEMENTING THE PHOSPHORUS LIMITS AND TARGETS

1. To ensure that the Table 5.9.1B dissolved reactive phosphorus (DRP) surface water quality limits are not exceeded and to attain the Table 5.9.1B DRP targets¹⁷ by 1 July 2030 Hawke’s Bay Regional Council will:

(a) In areas where the Table 5.9.1B DRP targets are exceeded^17A:

(i) Ensure existing point source discharges do not contribute any additional phosphorus load to the Tukituki River or its tributaries and through consent review and renewal processes seek to reduce existing loads where necessary to progress towards phasing out the exceedence;

(ii) Ensure any new point source discharges will not increase existing DRP concentrations in the Tukituki River or its tributaries after reasonable mixing;

(b) In areas where the Table 5.9.1B DRP limits are not exceeded, ensure that any new point source discharges will not cause those limits to be exceeded in the Tukituki River or its tributaries after reasonable mixing;

(c) Require any application for a resource consent for the use of production land to demonstrate:

(i) In areas where the Table 5.9.1B DRP limits are not exceeded that the proposed activity will not lead to an exceedence of the limits in the Tukituki River or its tributaries;

16 The MAZL relates to nitrogen leaching losses from the root zone of the soils farmed together with nitrogen loads from point source discharges.

17 The numerical values in Tables 5.9.1A and 5.9.1B are to be treated as “limits” at locations where the existing water quality is better than the relevant numerical value and as “targets” at locations where the existing water quality is worse than the relevant numerical value. At the time of Plan Change notification, only the Waipawa River and Tukituki River catchments upstream of SH50 and the Makaretu River were complying with the limits.

17A POL TT5(1)(a) also applies to discharges of industrial or trade wastewater to land with such discharges being regulated under Rule 52 of the RRMP.

17B Relative to the losses that were occurring from the farm property prior to the land use change that triggered the need for a Rule TT2 landuse resource consent

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(ii) In areas where the Table 5.9.1B DRP targets are exceeded that the proposed activity will as a minimum not increase existing DRP concentrations in the Tukituki River or its tributaries and that all reasonable and practicable opportunities have been taken to reduce^17B phosphorus losses from the farm property;

(iii) The likely achievement of (i) and (ii) through the preparation of a Phosphorus Management Plan.

(d) Recognise that the middle and lower Tukituki River catchment is generally in a state of over-allocation with respect to instream DRP limits and therefore through the implementation of land use rules:

(i) On land that is less than 15 degrees in slope; require livestock (other than sheep) to be excluded from lakes, wetlands and permanently flowing rivers (whether they are intermittent¹⁸ or permanent) and their margins by 31 December 2017 and intermittently flowing rivers and their margins by 31 December 2022 2020;

(ii) On land that is greater than 15 degrees in slope and where the stocking rate of livestock excluding sheep exceeds 18 stock units per hectare either:

1. where the stocking rate exceeds 18 stock units per hectare require livestock (except other than sheep) to be excluded from lakes, wetlands and permanently flowing rivers (whether they are intermittent or permanent) and their margins by 31 December 2017 and intermittently flowing rivers and their margins by 31 December 2022 2020; or

2. for individual farm properties or farming enterprises exceeding 4 hectares in size located in catchments other than those listed in POL TT5(1)(d)(iv), require a Phosphorus Management Plan (that includes requirements for stock exclusion) to be prepared for the land, be provided to the Hawke’s Bay Regional Council by 1 July 2017, and thereafter be implemented.

(iii) Require formed stock races crossing rivers and streams (excluding managed stock crossings) to be bridged or culverted by 30 June 2017 31 December 2020;

(iv) For individual farm properties or farming enterprises exceeding 4 hectares in size require a Phosphorus Management Plan¹⁹ (which shall include a Nutrient Budget^19A) to be prepared for the land, be provided to the Hawke’s Bay Regional Council, and thereafter be implemented :

1. in the Papanui and the Porangahau catchments by 1 July 2017;

2. in the Maharakeke catchment by 1 July 2018;

3. in the Tukipo, Kahahakuri and Upper Tukituki Corridor catchments by 1 July 2020;

(e) Provide land advisory services and incentives, in collaboration with the primary industry sector and the community, prioritising efforts on tributary catchments which significantly exceed the DRP targets. In particular Hawke’s Bay Regional Council will:

(i) Develop a catchment strategy and implementation plan to identify critical source areas for phosphorus and eliminate or reduce phosphorus losses;

(ii) Encourage industry good practices to be implemented on farm properties or farming enterprises in order to reduce phosphorus losses;

(iii) Encourage riparian planting in conjunction with permanent stock exclusion fencing;

(iv) In the Water Management Zone 5 (Papanui), encourage riparian planting which provides shading for rivers and streams in order to reduce macrophyte growth and improve life-supporting capacity of the stream;

(v) Encourage surface runoff from stock races, stock yards, bridges and culverts to be diverted away from rivers and streams and discharged to land;

18 An intermittent river is defined in the Glossary does not flow continuously but has a bed that is predominantly unvegetated and comprises, sand, gravel, boulders or similar material.

19 A Phosphorus Management Plan is defined in the Glossary. means a plan prepared generally in accordance with industry codes of practice which identifies the inherent environmental risks on the property associated with phosphorus and sediment loss, the significance of those risks, and identifies management practices to be implemented to avoid or reduce the risks. The Phosphorus Management Plan includes a basic nutrient budget as described for Beef and Lamb New Zealand’s Level 2 Land Environment Plan. Alternative farm management plans that have been prepared in accordance with an industry programme approved by Hawke’s Bay Regional Council may be provided in substitution for the Phosphorus Management Plan.

19A A Nutrient Budget means a budget prepared in accordance with the “Code of Practice for Nutrient Management (with Emphasis on Fertiliser Use), 2007” published by the Fertiliser Association of New Zealand; and which is prepared or approved by a person who is a Certified Nutrient Management Advisor or who has completed both the “Intermediate” and the “Advanced” courses in “Sustainable Nutrient Management in New Zealand Agriculture” conducted by Massey University; using Overseer (or an alternative model approved for use by the HBRC).

Commented [RvV5]: In response to the cross-examination of Mr Millner by Federated Farmers

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(vi) Encourage the preparation of Phosphorus Management Plans in catchments not listed in POL TT5(d)(iv) as a means of identifying critical source areas for phosphorus and developing site specific actions to eliminate or reduce the risk from those areas.

2. To assist with monitoring the effectiveness of POL TT5(1) the Hawke’s Bay Regional Council will:

(a) Determine maximum allowable instream water management zone loads²⁰ (MAZL) for phosphorus using the methodology described in Schedule XIX by 1 July 2017;

(b) Determine the actual instream water management zone loads for phosphorus based on water quality and river flow monitoring data for comparison with the MAZL by 1 July 2017; and

(ba) Incorporate that information in its regular state of the environment reporting; and

(c) In 2020 and 2025, review the need for an increased regulatory approach taking into account whether:

(i) instream DRP concentration trends indicate that the Table 5.9.1B DRP targets are likely to be met; and (ia) monitoring indicates that the Table 5.9.1B periphyton limit and targets are likely to be met; and (ii) the indicators set out in the Monitoring, Evaluation, Reporting and Improvement Plan²¹ are being met.

POL TT6 DECISION-MAKING CRITERIA – USE OF PRODUCTION LAND Land not Associated with the Operation of a Community Irrigation Scheme

1. When considering an application for a land use consent under Rule TT2 to authorise the use of production land not associated with the operation of a Community Irrigation Scheme, the consent authority must have regard to the following matters:

(aa) The extent to which the proposed use, in combination with other permitted or consented activities, will result in the nitrate-nitrogen limits in table 5.9.1B being approached or exceeded;

(a) Whether the applicant has supplied a Farm Environmental Management Plan prepared in accordance with Schedule XXII and that:

(i) Adequately describes the farm property or farming enterprise (including soils, climate, topography and environmental risks) and the proposed production land use on the farm property or farming enterprise;

(ii) Contains a Nutrient Budget²² for the farm property or farming enterprise, including an assessment of the nitrogen conversion efficiency;

(iii) Describes how industry good practices will be implemented to minimise nutrient (nitrogen and phosphorus) losses, sediment losses and faecal bacteria discharges from the farm property or farming enterprise and achieve a nitrogen conversion efficiency appropriate to the production land use and land type;

(vii) Where the farm property or farming enterprise is in Water Management Zone 5, ensures appropriate riparian management measures are implemented to minimise nutrient losses and reduce macrophyte growth in order to improve the life-supporting capacity of the river or stream;

(b) Whether conditions on the land use consent will ensure that the Farm Environmental Management Plan supplied under (a) is maintained, submitted to Hawke's Bay Regional Council as may be required by the Council, and is implemented by the farm property or farming enterprise owner.;

(c) Imposing a three year lapse period in order to discourage speculative landuse intensification applications.

Land Associated with the Operation of a Community Irrigation Scheme

2. When considering an application for a land use consent to authorise use of production land on multiple farm properties or farming enterprises associated with the operation of a taking water from a Community Irrigation Scheme, the consent authority must have regard to the extent to which management plan and/or contractual mechanisms governing the Scheme’s operation ensure that:

(a) In each respective Water Management Zone, the farm properties or farming enterprises serviced by the Scheme will not collectively leach an amount of nitrogen that, in combination with nitrogen leached from non-

20 In this case the MAZL relates to the annual phosphorus load as measured in the river (note this differs from the MAZL for nitrogen which relates to a leaching loss at the farm paddock (or root zone)).

21The Monitoring Evaluation, Reporting and Improvement Plan (MERI) is one of the key programmes of the Tukituki Catchment Implementation Plan which outlines how the non-regulatory approaches in Change 6 will be implemented.

22 As defined in POL TT4.

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Scheme farm properties or farming enterprises as a result of production land use activities permitted by this Plan or authorised by consents already granted, cause the nitrate-nitrogen limits in Table 5.9.1B to be exceeded;

(b) Where the farm property or farming enterprise is in Water Management Zone 5, appropriate riparian management and wetland enhancement measures are implemented to minimise nutrient losses and reduce macrophyte growth in order to improve the life-supporting capacity of the river or stream;

(c) In each respective Water Management Zone, the farm properties or farming enterprise serviced by the Scheme will collectively:

(i) In Water Management Zones where the Table 5.9.1B DRP concentration targets are exceeded, not cause DRP concentrations in the Tukituki River or its tributaries to increase compared with a baseline measured or modelled at the time of any resource consent application and ensure that all reasonable and practicable opportunities have been taken to reduce phosphorus losses;

(ii) In Water Management Zones where the Table 5.9.1B DRP concentration limits are not exceeded, not cause those limits to be exceeded;

(d) Any farm property or farming enterprise serviced by the Scheme prepares and maintains a Farm Environmental Management Plan prepared in accordance with Schedule XXII and that:

(i) Adequately describes the farm property or farming enterprise (including soils, climate, topography and environmental risks) and the proposed production land use on the farm property or farming enterprise;

(ii) Contains a Nutrient Budget for the farm property or farming enterprise, including an assessment of the nitrogen conversion efficiency;

(iii) Describes how industry good practices will be implemented to minimise nutrient (nitrogen and phosphorus) losses, sediment losses and faecal bacteria discharges from the farm property or farming enterprise and achieve a nitrogen conversion efficiency appropriate to the production land use and land type;

(e) Any farm property or farming enterprise serviced by the Scheme is operated in accordance with its Farm Environmental Management Plan;

(f) Scheme-wide nutrient loss compliance modelling, auditing and enforcement procedures are implemented for nitrogen and phosphorus.

Land Use Consent Duration

3 From 4 May 2013 any land use consents granted under Rule TT2 to the landowner or occupier shall:

(a) have the same expiry date as any section 14 water take irrigation consents for the land, or

(b) if there are no irrigation consents for the land then the maximum duration imposed shall not exceed 35 years.

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9 Hawke's Bay Regional Resource Management Plan Plan Change 6

Table 5.9.1A: Surface Water Quality Limits and Targets²³ for the Tukituki River Catchment – Catchment Wide Parameter Limit or Target

Temperature The temperature of the water shall be suitable for sustaining the aquatic habitat.

Dissolved Oxygen The concentration of dissolved oxygen shall exceed 80% of the saturation concentration except where lower concentrations occur under natural conditions (e.g. in areas of groundwater upwelling including the Porangahau, Maharakeke, Kahahakuri, Mangaonuku, Papanui sub-catchments).

E. coli 260 Escherichia coli per 100 millilitresfor the 1 November to 30 April bathing season (for flows below the median flow).

550 Escherichia coli per 100 millilitres for the 1 November to 30 April bathing season (for flows between the median flow and three times the median flow).

550Escherichia coli per 100 millilitres for the rest of the year (for flows below three times the median flow). The methodology for compliance is a maximum 95^th percentile calculated as a minimum of 20 sampling points.

Total Ammoniacal Nitrogen (TNH3-N)

The average concentration of Total Ammoniacal Nitrogen (TNH3-N) (at pH=8.0, Temp=20°C) shall not exceed 0.32 mg/L at all flows (to avoid chronic toxicity effects on freshwater clams (Sphaerium sp).²⁴ Concentration limits at other pHs and Temperatures are contained in Schedule XXIII.

99% species protection level for total ammoniacal nitrogen (TNH3-N) as stipulated in the most recent version of the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (the ANZECC guidelines) and as tabulated in Schedule XXIII.²⁴

Other Toxicants²⁴ 95% species protection levels for toxicants (other than nitrate-nitrogen and total ammoniacal nitrogen) as stipulated in the most recent version of the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (the ANZECC guidelines) for Water Management Zones 1, 2, 3 and 5.

99% species protection levels for toxicants (other than nitrate-nitrogen and total ammoniacal nitrogen) as stipulated in the most recent version of the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (the ANZECC guidelines) for Water Management Zone 4.

23 The numerical values in Table 5.9.1A are to be treated as “limits” at locations where the existing water quality is better than the relevant numerical value and as “targets” at locations where the existing water quality is worse than the relevant numerical value.

24 For clarity this limit requires that the risk evaluation process set out in the ANZECC Guidelines will be followed on the basis of the specified protection level (99% or 95%). It does not mean that default trigger values defined in the ANZECC Guidelines will be used as limits.

(10)

Table 5.9.1B: Surface Water Quality Limits, and Targets²⁵ and Indicators for the Tukituki River Catchment – Zone Specific.

The Water Management Zones referred to in Table 5.9.1B are mapped in Schedule XV.

The key to Table 5.9.1B is provided below the table (page 11).

Water Management Zone Mainstems/

Tributaries²⁶

Periphyton

Limits and Targets DRP Limits and Targets

Nitrate-nitrogen Limits and

Targets DIN

Limits and Targets

Indicators

(a) (b) (c) (d) (a) (b) Water

Clarity MCI %

Sediment Cover

Zone 1

Lower Tukituki and Waipawa Rivers and Tributaries (excluding Papanui

Stream catchment)

Mainstems

120 30 60 50

0.010

2.4 3.5 n/a

2.8 100 10

Tributaries 0.015 1.6 100 n/a

Zone 2

Middle Waipawa River and Tributaries above SH2

Mainstems

120 30 60 50

0.010

3.8 5.6 n/a

3.0

120 10

Mangaonuku 4.0

25 The numerical values in Table 5.9.1B are to be treated as “limits” at locations where the existing water quality is better than the relevant numerical value and as “targets” at locations where the existing water quality is worse than the relevant numerical value.

26 Mainstems include the following rivers:

 Zone 1 mainstem of the Tukituki River

 Zone 2 mainstems of the Waipawa River and Mangaonuku Stream

 Zone 3 mainstems of the Tukituki and Tukipo rivers, and the Maharakeke, Porangahau, Makaretu and Kahahakuri streams.

Commented [RvV6]: Correction identified by Ms McArthur and agreed by Dr Ausseil

(11)

11 Hawke's Bay Regional Resource Management Plan Plan Change 6 Water Management Zone Mainstems/

Tributaries²⁷

Periphyton

Limits and Targets DRP Limits and Targets

Nitrate-nitrogen Limits and

Targets DIN

Limits and Targets

Indicators

(a) (b) (c) (d) (a) (b) Water

Clarity MCI %

Sediment Cover

Zone 3

Middle Tukituki River and Tributaries above Tapairu Road

Mainstems

120 30 60 50

0.010

3.8 5.6 n/a

3.0 120^27A 10

Zone 4

Upper Tukituki and Waipawa Rivers All 50 30 60 50 0.004 n/a 1.5 0.150 3.3 120 10

Zone 5

Papanui Stream All 120 30 60 50 0.015 2.4 3.5 n/a 1.6 100 n/a

The Water Management Zones referred to in Table 5.9.1B are mapped in Schedule XV.

The Key to Table 5.9.1B is provided below.

27 Mainstems include the following rivers:

 Zone 1 mainstem of the Tukituki River

 Zone 2 mainstems of the Waipawa River and Mangaonuku Stream

 Zone 3 mainstems of the Tukituki and Tukipo rivers, and the Maharakeke, Porangahau, Makaretu and Kahahakuri streams.

27A In the Maharakeke and Porangahau sub-catchments the MCI target is 100.

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Table 5.9.1C: Surface Water Quality Deposited Sediment Indicators for the Tukituki River Catchment – Zone Specific.

The Water Management Zones referred to in Table 5.9.1C are mapped in Schedule XV.

The key to Table 5.9.1C is provided below.

Water Management Zone Deposited Sediment Indicators (% sediment cover)

Zone 1

Lower Tukituki and Waipawa Rivers and Tributaries (excluding Papanui Stream)

10% in the Waipawa and Tukituki Rivers and 20% in all other naturally hard bottomed streams and rivers

Zone 2

Middle Waipawa River and tributaries above SH2

10% in the Waipawa River and Mangaonuku Stream and 20% in all other naturally hard bottomed streams and rivers

Zone 3

Middle Tukituki River and tributaries above Tapairu Road

10% in the Tukituki, Tukipo and Makaretu rivers and 20% in all other naturally hard bottomed streams and rivers (including Maharakeke, Porangahau and Kahahakuri Streams)

Zone 4

Upper Tukituki and Waipawa Rivers

10% in all naturally hard bottomed streams and rivers (including Tukituki, Waipawa and Makaroro Rivers)

Zone 5 Papanui Stream

20% in the Papanui Stream and all other naturally hard bottomed streams and rivers

Commented [RvV7]: Correction identified by Ms McArthur and agreed by Dr Ausseil

(13)

13 Hawke's Bay Regional Resource Management Plan Plan Change 6 Key to the Table 5.9.1B and C limits, targets and indicators:

Periphyton:

(a) Maximum algal biomass on the river bed in milligrams of chlorophyll a per square metre not to be exceeded within a 30 day accrual period.

Zone 4: Maximum 80th percentile algal biomass (mg Chlorophyll a/m²). The 80^th percentile algal biomass shall be calculated as the 80^th percentile of monthly monitoring results obtained within an accrual period of 30 days over a period of 5 consecutive years

Zones 1, 2, 3 and 5: Maximum 95^th percentile algal biomass (mg Chlorophyll a/m²). The 95^th percentile algal biomass shall be calculated as the 95^th percentile of monthly monitoring results obtained within an accrual period of 30 days over a period of 5 consecutive years.

(b) Maximum cover (%) of visible river bed by periphyton as filamentous algae more than 2 centimetres long within a 30 day accrual period.

Maximum 95^th percentile cover of visible river bed by periphyton as filamentous algae more than 2 cm long. The 95^th percentile algal cover shall be calculated as the 95^th percentile of monthly monitoring results obtained within an accrual period of 30 days over a period of 5 consecutive years.

(c) Maximum cover (%) of visible river bed by periphyton as diatoms or cyanobacteria mats more than 0.3 centimetres thick within a 30 day accrual period.

Maximum 95^th percentile cover of visible river bed by periphyton as diatoms or cyanobacteria mats more than 0.3cm thick. The 95^th percentile algal biomass shall be calculated as the 95^th percentile of monthly monitoring results obtained within an accrual period of 30 days over a period of 5 consecutive years.

(d) Maximum 95^th percentile cover of visible river bed by periphyton as cyanobacteria mats more than 0.3cm thick. The 95^th percentile algal biomass shall be calculated as the 95^th percentile of monthly monitoring results obtained within an accrual period of 30 days over a period of 5 consecutive years.

Phosphorus:

Maximum annual average concentration of dissolved reactive phosphorus (DRP) when the river flow is at or below 3 times the median flow (mg DRP/L). The annual average concentration of DRP shall be calculated as the average of monthly monitoring results obtained over a period of 5 consecutive years.

Nitrogen:

(a) Maximum annual median concentration of nitrate-nitrogen (mg NO3-N /L). The annual average median concentration of nitrate-nitrogen shall be calculated as the average median of monthly monitoring results obtained over a period of 5 consecutive years.

(b) Maximum 95th percentile concentration of nitrate-nitrogen (mg NO3-N /L). The 95^th percentile concentration of nitrate-nitrogen shall be calculated as the 95^th percentile of monthly monitoring results obtained over a period of 5 consecutive years. Applies also to Table 5.9.2.

Dissolved Inorganic Nitrogen:

Maximum annual average concentration of dissolved inorganic nitrogen (mg DIN /L) when the river flow is at or below 3 times the median flow. The annual average concentration of DIN shall be calculated as the average of monthly monitoring results obtained over a period of 5 consecutive years.

Water Clarity Indicator:

Minimum median visual water clarity at or below median flow (m), measured as the horizontal sighting range of a black disc. The median visual clarity shall be calculated over a period of 5 consecutive years, filtered to exclude data points collected at river flows exceeding the median flow.

MCI indicator: Minimum average macro-invertebrate community index. The average MCI shall be calculated over a period of 5 consecutive years.

% Sediment Cover indicator: Maximum average % fine sediment cover where ‘fine’ is defined as particles less than 2 mm in diameter (excludes naturally soft bottom streams). The average

% Sediment Cover shall be calculated over a period of 5 consecutive years.

(14)

Table 5.9.2: Groundwater Water Quality Limits and Indicators Applicable 10m or More Below Ground Level in Productive Aquifer Systems

Aesthetic determinands E.coli Nitrate-nitrogen Nitrate-nitrogen Indicator All other determinants

Guideline value for any aesthetic determinand [Drinking-Water Standards

for New Zealand (DWSNZ)]

Maximum concentration of Escherichia coli per 100 millilitres

Maximum 95^th percentile concentration of nitrate-nitrogen

(mg NO3-N /L)

Maximum annual average concentration of nitrate-nitrogen

(mg NO3-N /L)

All other inorganic or organic determinands of health significance

[DWSNZ]

Within guideline <1 11.3 5.65 Maximum acceptable value (MAV)^27B

Note: Theselimits apply after reasonable mixing and disregarding the effect of any natural conditions that may affect the water body.

27B The MAV is to be determined in accordance with the Drinking Water Standards for New Zealand (2005/ Revised edition 2008) or subsequent version, Appendix 1 and Table A1.3. Compliance with chemical determinands is to be based on results obtained over one year and where the sampling frequency is monthly or more frequently the number of exceedences required to be assessed as non-complying is zero.

(15)

5.9.3 Water Quantity Policies

POL TT7 MINIMUM FLOW LIMITS REGIME 1. In Surface Water Allocation Zones 1, 2 and 3:

(a) The minimum flow limits regime in Table 5.9.3 shall apply to existing^27C and new consented takes;

including consented groundwater takes with High Stream Depletion Classification as described in POL TT11, but excluding Community Irrigation Schemes²⁸ activities which involve storage of water behind an instream dam and downstream takes reliant on the release of that stored water. and High Flow Allocation takes as described in POL TT10

(b) Transition periods shall be provided to implement increased minimum flows as shown in Table 5.9.3, to provide existing water users a reasonable time to adapt to the reduced security of supply, or find alternative sources of water or provide on-farm water storage;

(c) Subject to (d) below, consented takes from the mainstems of the Tukituki and Waipawa Rivers shall be subject to the downstream minimum flows for the mainstems set in Table 5.9.3. Takes from tributaries shall be subject to both the downstream mainstem minimum flows and the relevant tributary minimum flow set in Table 5.9.3.

(d) Consented takes downstream of the Red Bridge flow management site (Waimarama Rd) shall be subject to the minimum flow limit at the Red Bridge flow management site except for consented takes below Black Bridge (Mill Rd) which shall not be subject to minimum flow restrictions set in Table 5.9.3;

(e) Where a Community Irrigation Scheme stores water and subsequently releases it into a river for use by members of the Scheme or for the purpose of flushing flows, other (non-Scheme) takes from that river will be managed by using a river flow (for the purpose of comparing to the allowable Table 5.9.3 minimum flow) calculated or modelled by Hawke’s Bay Regional Council to be that which would have occurred in the absence of the Scheme. This will ensure that water stored and released by the Scheme is used by Scheme participants and is not taken by other users.

POL TT8 ALLOCATION LIMITS

1. To manage the taking of surface water and groundwater in the Tukituki River catchment by:

(a) Recognising that although allocation limits for surface water should be determined in order to provide a reasonable security of supply (such as avoiding an irrigation ban of ten consecutive days occurring more frequently than one year in ten), this is not achievable in the Tukituki River catchment given the minimum flows set in Table 5.9.3 and the existing volumes of water being abstracted;

(b) Recognising that there is a significant high degree of interconnectedness between groundwater in the Ruataniwha Basin and surface water flows within the basin as a whole and consequently surface flows further downstream;

(c) Setting surface water and groundwater allocation limits that are based on the existing volume of consented abstraction (Tables 5.9.4 and 5.9.5 and Schedule XVIII);

(d) Applying the Table 5.9.4 and 5.9.5 water allocation limits only to consented takes and not to takes allowed under section 14(3)(b) of the RMA, nor to takes occurring prior to 4 May 2013 under Rules 53 and 54, nor to the construction and operation of in-stream dams (including damming, taking, diverting, using and discharging), nor to downstream takes of water released from an instream dam for members of a Community Irrigation Scheme.

27C Upon review or renewal

28 Refer Policy TT13 for the requirements that Community Irrigation Scheme must meet.

(16)

16 Hawke's Bay Regional Resource Management Plan Plan Change 6 Table 5.9.3: Tukituki River Catchment Minimum Flows Limits

Surface Water Allocation

Zone Flow Management

Site Level of habitat protection

Minimum Flows Limit (L/sec)

Period to which Minimum Flow applies

Zone 1 Lower Tukituki

Tukituki River at Red Bridge V22: 466581

Current level of

protection 3500 Until 30 June 2018

80% habitat protection for trout

upstream of Red Bridge

4300 From 1 July 2018 until 30 June 2023 90% habitat

protection for trout upstream of Red

Bridge

5200 From 1 July 2023

80% habitat protection for trout between Red Bridge

and Black Bridge

4300 From 1 July 2018

Zone 1 Papanui Stream

Papanui Stream at Middle Rd V22: 278432

90% habitat protection for longfin

eel (estimated equivalent)

53 Ongoing

Zone 2 Waipawa River

Waipawa River at RDS/SH2 V22: 153339

Current level of

90% habitat protection for longfin eel

2500 From 1 July 2018

Zone 2 Mangaonuku

Stream

Mangaonuku Stream U/S Waipawa

V22: 116373

Current level of

protection n/a n/a

90% habitat protection for highest

flow demanding fish species (estimated

equivalent)

1170 From 1 July 2018

Zone 3 Tukituki River

Tukituki River at Tapairu Road V22: 183312

Current level of

90% habitat protection for longfin eel

2300 From 1 July 2018

Zone 3 Tukipo River

Tukipo River at SH50 U22: 948324

Current level of

protection 150 Ongoing

Zone 3 Tukipo River

Tukipo River Ashcott Road U22: 080311

90% habitat protection for highest

flow demanding fish species (estimated

equivalent)

1043 From 1 July 2018

(17)

17 Hawke's Bay Regional Resource Management Plan Plan Change 6 Table 5.9.4: Surface Water Allocation Limits²⁹

Surface Water Allocation Zones

(Schedule XVI) Direct Take

Allocation Limit (L/sec )

Surface Water Depletion Allocation Limit (L/s)

Total Allocation

Limit (L/sec)

Allocation Limit Annual Volume (Thousand m³⁾

Zone 1 - Lower Tukituki River 1,072 519 412 931 4,703

Zone 2 - Waipawa River and Tributaries above RDS/SH2 908 643 269 912 7,301

Zone 3 - Tukituki River and Tributaries above Tapairu Road 1,122 763 716 1,479 8,385 Sub- catchment allocation of allocation limit for Zone 3:

Zone 3 - Kahahakuri Stream 229 176 174 350 653

Zone 3 – Makaretu Stream 70 32 8 40 107

Zone 3 - Tukipo River 152 84 236 5168

Total catchment 3,102 1,925 1,397 3,322 20,389

Table 5.9.5: Groundwater Allocation Limits²⁹ Groundwater Allocation Zones

(Schedule XVII) Allocation Limit

(m³/year)

Zone 1 – Otane Basin 2,553,000

4,133,485

Zone 2 – Ruataniwha Basin north of the Waipawa River 5,278,000

7,182,239

Zone 3 – Ruataniwha Basin south of the Waipawa River 16,167,000

17,140,239

Rest of the catchment No limit set³⁰

POL TT9 IMPLEMENTING MINIMUM FLOWS REGIME AND ALLOCATION LIMITS

1. To implement the minimum flow limits regime and allocation limits in the Tukituki River catchment by:

(a) Allowing the renewal of existing surface water and groundwater take consents provided:

(i) There is no increase in the rate or the maximum weekly 7-day^30A volume of take, except as provided for in (b) below;

(ii) A seasonal volume³¹ on irrigation takes is imposed which is the lesser of the volume assessed:

i. For surface water takes in accordance with POL 42; or

ii. For groundwater takes outside of Groundwater Allocation Zones 1, 2 and 3: in accordance with POL 32; using the procedure set out in Schedule XVIII;

iii. For groundwater takes within Groundwater Allocation Zones 1, 2 and 3: in accordance with POL 32 provided that the limits in Table 5.9.5 are not exceeded or the Irrigation Allocation Volumes set out in Schedule XVIII, whichever is the lesser; and

(iii) Annual volumes on non-irrigation takes are imposedprovided that the limits in Table 5.9.5 are not exceededin accordance with the Non-irrigation Annual Volumes set out in Schedule XVIII.

(b) Seeking to improve the security of supply for existing surface water takes by not reallocating water that is freed up through³²:

(i) The surrender or non-renewal of existing takes by;

29 The Table 5.9.4 and 5.9.5 water allocation limits apply only to consented takes and not to takes allowed under section 14(3)(b) of the RMA, nor to takes occurring prior to [date of PC notification] under Rules 53 and 54, and nor to takes for Community Irrigation Schemes.

30 Groundwater takes located outside of Groundwater Allocation Zones 1 to 3 are Discretionary Activities under Rule TT4.

30A Where existing consents are renewed, but a 28-day maximum limit is sought in place of a 7 day limit (as per Policy TT 14 (g)) then the maximum 28-day limit will be four times the current, maximum 7 day limit.

31 Seasonal volume is the actual crop water requirement required over a crop’s growing season (including any crop rotation).

32 This does not preclude the transfer of existing takes.

Commented [RvV8]: Minor clarifying amendment agreed between HBRC and Mr Apple

(18)

18 Hawke's Bay Regional Resource Management Plan Plan Change 6 (ii) The implementation of POL TT9(1)(a).

(aa) Reviewing all consents that are not otherwise expiring to impose seasonal and annual volumes in accordance with POL TT9(1)(a) as necessary to ensure integrated management of surface water and groundwater resources. Ruataniwha Basin groundwater take consents will be reviewed in 2015.

(b) Allowing for the reallocation of water that is freed up, including through the surrender or non- replacement of existing takes by the consent holder, provided the new allocation does not result in any exceedence of the allocation limits in Table 5.9.4 or Table 5.9.5 and, except as provided for in (ba) below, subject to seasonal volumes being imposed in accordance with (a)(ii) and (a)(iii) above.

(ba) Not imposing annual volume restrictions on takes for frost protection.

(c) Assessing groundwater take applications against OBJ 44, POL 77 and POL TT11 in areas where no groundwater allocation limit is set in Table 5.9.5.

(d) Not including any taking of water allowed under s14(3)(b) of the RMA or Rules 53 and 54, or Rule TT3 when summing volumes of take for comparison against the surface water allocation limits in Table 5.9.4 and the groundwater allocation limits in Table 5.9.5.

(e) Reviewing the need, in 2020 and 2025, to increase the Table 5.9.4 and 5.9.5 allocation limits to include a provision for existing and future s14(3)(b) takes for animal drinking water in the event of a Community Irrigation Scheme progressing.

(f) Other than for takes for Community Irrigation Schemes³³ which involve the storage of water behind an instream dam and downstream takes reliant on the release of that stored water, when a river is at or below its Table 5.9.3 minimum flow, takes from that river and groundwater takes to which minimum flow restrictions apply in accordance with POL TT11 shall be managed as follows:

(i) The taking of water allowed by section 14(3)(b) of the RMA may continue without further restriction;

(ii) Takes permitted under Rules 53 and 54 may be required to reduce their daily rate of take if Hawke’s Bay Regional Council issues a Water Shortage Direction to that effect;

(iii) Consented takes for public water supplies, animal drinking water, animal welfare and sanitation (including dairy shed wash down and milk cooling), marae, schools and other educational facilities shall be required to reduce their daily rate of take to a reasonable and justifiable by an amount as specified in their consent conditions;

(iv) Takes for frost protection and takes for filling agrichemical spray tanks shall continue to be allowed without further restriction;

(iva) The taking of water authorised for the sole purpose of avoiding the death of permanent horticultural or viticultural root stock shall be allowed to continue to any extent allowed by conditions of consent;

(v) All other consented takes shall cease, or be managed in accordance with POL TT11.

POL TT10 HIGH FLOW ALLOCATION LIMITS REGIME

1. To enable the taking of surface water from rivers that are flowing at a level above their median flow provided:

(a) The high flow take ceases when the river is at or below the High Flow Minimum Flow³⁴ Limit as set in Table 5.9.6^34A;

(b) Such high flow takes do not cumulatively exceed the allocation limits set in Table 5.9.6;

(c) The restrictions in (a) and (b) above do not apply to takes for Community Irrigation Schemes which involve storage of water behind an instream dam.

33 Refer Policy TT13 for the requirements that Community Irrigation Scheme must meet.

34 The High Flow Minimum Flow has been set at the median flow for each Flow Management Site.

34A These High Flow allocations are additional to those set out in Table 5.9.4