Application to vary Buller water conservation order regarding the Gowan River

New Zealand’s wild and scenic rivers are constantly under threat from large scale hydro development and demands for irrigation. Water Conservation Orders are the most comprehensive process whereby a river can be protected.

The Gowan River, a tributary of the mighty Buller River, was protected by a WCO. There are now plans to remove this protection.

Please support our campaign to protect the Gowan River.

Background Information

Flowing from Lake Rotoroa in the Nelson Lakes National Park, the Gowan is a tributary of the Buller River. In 2001, after 15 years of negotiation, hearings, and scientific research, a Water Conservation Order (WCO) was gazetted for the Buller River, including the Gowan.

After only 2½ yrs, this Order is now facing relitigation by a company that had no part in the initial process. Majac Trust wish to divert the water from the Gowan through a ‘run of the river’ hydro scheme. To do this they need to vary the WCO so recently established, becoming the first ever application to do so.

Variation Sought

Currently the WCO allows for up to a maximum take of 15% reduction in the river’s flow. Majac Trust is seeking to divert water through a canal and take between 33 – 67% of the river’s natural flow for hydro electricity generation.

Although it is widely recognised that the Gowan River has many intrinsic and ecological values, the WCO only covered the rafting values of the river. At the time supporters of the WCO considered that those other values, including its trout fishery, wild and scenic value and one of the largest unmodified lake fed rivers in the country, would be adequately protected for the future as part of the Buller WCO. In hindsight, this was clearly wrong.

A Special Tribunal has been appointed by the Minister for the Environment to hear this application to vary the WCO. Public submissions are now being sought and close on Friday 17 September 2004.

Our Concerns

• Issues of precedence – what will this mean for other WCOs that have also taken years to negotiate? Status of WCOs may diminish as a result.
• Concern that the intrinsic, ecological and other values of the river will be overridden in the process.

Important values of the Gowan and Buller Rivers

Outstanding values for the Buller River & tributaries include:

• Largest essentially unmodified river system in the country
• Largest flood flows of any river nationally
• Largest whitebait fishery in the country
• Most diverse native fish species in the country
• Several outstanding kayaking, rafting and jet boating opportunities
• Several outstanding blue duck habitats
• Wild and scenic gorges, lakes and waterways
  

Outstanding values for the Gowan River include:

• Largest lake outlet river with unmodified fish passage to the sea in the country
• Wild and scenic value
• Steepest rafting river in country
• Pathway for longfinned eels to reach Lake Rotoroa
• Large trout fishery

Decision to seek from the Special Tribunal

• Protection for Buller River system as determined by the previous process, including reaffirming its status as a Water Conservation Order, to protect its outstanding features
• The Gowan River’s outstanding values include its flow, wild and scenic values, rafting, fishery, contribution to nationally important eel fishery, which the Conservation Order must recognise and protect
• Provisions to protect the river’s flow, which include no less than the current water quality, river bed and river form requirements and river flow requirements to be maintained.

It is our aim to ensure that the WCO remains intact and that the values of the river are upheld by the Special Tribunal.

For more information please go to:

Ministry for the Environment website
www.mfe.govt.nz/issues/water/freshwater/water-conservation/buller-river-wco-application/index.html

Or contact Debs Martin, Environment and Conservation Outreach
environment [at] greens [dot] org [dot] nz
03-693-9811 or 027-684-0599

Submission form can be downloaded and MUST be posted to the Ministry for the Environment, PO Box 1345, Christchurch before Friday 17 September 2004.

A copy of the submission must also be forwarded to the applicant Majac Trust, c/o Gascoigne Wicks, PO Box 2, Blenheim as soon as reasonably practicable.

Thank you for your support in ensuring the retention of our wild and scenic rivers.

Jeanette Fitzsimons