Water

Our Agribusiness Team can assist clients with trading any of the following water agreements:

• Water Shares;
• Allocations;
• Take and Use licences;
• Annual use Limits;
• Delivery Shares;
• Private rights and private agreements. 

Water Supply Agreements

Water supply agreements can take a number of different forms and depend on the property being supplied/irrigated as well as its proximity to water sources and supply locations. Regardless of the type, all arrangements will come about through a contract/agreement with the relevant catchment management authority or State Government.  Our Agribusiness team have significant experience in advising clients in relation to all of the following types of water supply agreements:

• Water Shares;
• Bulk entitlements;
• Allocation agreements;
• Delivery Shares;
• Take and use licences (including irrigation Licences);
• Water Allowances;
• Private rights;
• Private Carryover Agreements (South Australia)

In addition to the above, our team has experience in dealing with works licences required for the construction, alteration, decommissioning or removal of any water related works (eg bores, pumps, dams and channels).

How can Coulter Legal assist you?

We can advise and assist clients in relation to applying for, transferring, cancelling or negotiating water supply agreements and licences.  Furthermore, we are able to advise clients in relation to using their water share or other agreement as security for finance.  Our team has significant experience in advising clients on mortgages and the registration of securities on the Personal Properties Securities Register.

Water Trading

Certain water supply agreements may be traded for monetary consideration, depending on the location and type of agreement.  This most commonly occurs as part of a sale of a property however certain agreements can be traded on a standalone basis.

It is important that you receive adequate legal advice if you are considering trading your water supply agreement as any transfer of a water agreement that is registered on the State Water Register must adhere to the relevant trading rules and laws.

In addition to the above, there are a number of other considerations which need to be given when trading a water agreement such as any detrimental impact it may have on a lease or the value of a property.  Our team are well equipped to help identify the bigger picture and assist you in making the best commercial decision possible when trading water agreements.

Private Water Schemes

It is possible to have a private water agreement in place with neighbouring properties for the supply/use of water. This is often referred to as a water syndicate or a private water scheme and involves a group of landowners who agree to share the costs of installing and maintaining private pipelines, drainage, channels and dams between their respective properties.

Often such schemes come about through a handshake agreement between neighbouring farmers or property owners. However, recent legislative changes have resulted in a requirement for all private water schemes to be legally documented and structured.  Our Agriculture team can assist with ensuring that your rights and obligations are appropriately documented via a written legal agreement. We can also advise clients on the specific legislative requirements for private water agreements.