• Bill Wyatt and Wendy Harbridge v. Deputy Comptroller of Water Rights

    Decision Date:


    File Numbers:
    Decision Numbers:
    Third Party:
    Bill Rawn et al, Licensees


    Decision Date: February 12, 1996

    Panel: Harry Higgins; Elizabeth Keay; Jack Lapin

    The agent for eleven property owners applied for domestic water licences which would permit water to be removed from a local creek. Senior water licence holders downstream objected to this application. They maintained that permitting the withdrawal of water upstream would prevent them from receiving their licensed water requirements. The Regional Water Manager refused the licence application but the Deputy Comptroller allowed an appeal of that decision, concluding there was sufficient water to grant the additional licences based on updated stream flow records and new water availability criteria for assessing water use. Before the Environmental Appeal Board, the Appellants contended that unless the new domestic water licences were cancelled they would experience increased shortages of water from the creek. The Board dismissed the appeal. The Board was satisfied that there was sufficient water in the creek to fulfil the demands of all licensees at most times and that the Appellants, as senior licensees, would receive priority in times of shortage.