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Rights to Surface Water

The Water Act 1989 defines 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.

Authority's Rights To Water
Authorities have rights to water for supply to their customers, as specified in their Bulk Entitlements.

Individual Rights To Water
The
Water Act 1989 allows individuals to take water for domestic and stock purposes from a range of surface water and groundwater sources without a licence. These domestic and stock rights are defined under section 8(1) and section 8(4)(c) of the Water Act 1989 and are not formally issued.
Photo: Irrigation waterwheel (source DPI Tatura)
Irrigation waterwheel (source DPI Tatura)

Licences or other approvals under the Water Act:
  • Construct, alter, operate, remove or decommission a dam on a waterway
  • Construct, alter, operate, remove or decommission a potentially hazardous dam whether on a waterway or not


Water uses: rights and licensing requirements

Purpose: Stock and Domestic1
Source of WaterForm of Entitlement to CustomersWho issues EntitlementCost
Collected from rooftopPrivate Right
-
no charge
Waterway on occupied landPrivate Right
-
no charge
Waterway accessible by public road or reservePrivate Right
-
no charge
Waterway separated from private land by Crown landLicenceRural Water Corporationyes
Farm damPrivate Right
-
no charge
Stock and Domestic supply systemRateable assessmentRural Water Corporationyes
Declared water system (and private right does not apply)Water Share2Rural Water Corporationyes

Purpose: Irrigation and Commercial
Source of WaterForm of Entitlement to CustomersWho issues EntitlementCost
Collected from rooftopPrivate right
-
no charge
WaterwayLicence Rural Water Corporationyes
Farm damsLicenceRural Water Corporationyes
Declared water systemWater Share2Water Market3yes (market price)
Recycled waterAgreementRural or Urban Water Corporationyes

Notes:
1 As defined in the Water Act 1989
2 Water entitlements are unbundled into a water share, a delivery share and a water use licence
3 Water entitlements can be purchased on the open market at market prices


Further details

The Department of Sustainability and Environment (DSE) is the lead agency in Victoria for the management of water resources across the state. Visit DSE’s
Our Water Our Future (external link) website for up-to-date information about: Using and Saving Water, Government Programs and Action, Water in the Environment, Monitoring and Reporting, and Victoria's Water Industry and Governance.

Also, contact your local Urban or Rural Water Corporation (external link) for further details.

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