South Australian Numbered Acts

IRRIGATION ACT 2009 (NO 13 OF 2009) - SECT 29

29—Fixing of irrigation rights

        (1)         This section applies in relation to an irrigation trust that holds 1 or more water licences for the purposes of supplying water to its members (being members who rely on the trust to supply water under a water licence held by the trust rather than by the member).

        (2)         An irrigation trust to which this section applies must fix an entitlement (an irrigation right) in respect of each member of the trust who is to receive water on account of a water licence held by the trust.

        (3)         An irrigation right will be fixed by resolution of the trust.

        (4)         An irrigation right must be fixed on a fair and equitable basis after having regard to—

            (a)         the nature or type of crops growing on relevant land; and

            (b)         such other matters considered relevant by the trust.

        (5)         An irrigation right—

            (a)         may be expressed as a volume or units (subject to the operation of the Natural Resources Management Act 2004 and any reduction in the amount of water that may be available to the trust under that Act); or

            (b)         may be constituted in some other manner authorised by the regulations.