Conflict between the need for irrigation water on the Strath Taieri and saving a population of endangered galaxiids has been resolved without going to the Environment Court.
The non-migratory population of Eldon's galaxiid in Stony Creek was the fourth-best of the 10 or 14 remaining, Department of Conservation Otago conservancy Resource Management Act planner Bruce Hill said It was classified as nationally endangered and Doc was concerned the level of the stream proposed for the Strath Taieri irrigation scheme would affect the galaxiid's narrow spawning zone, he said.
The Strath Taieri Agriculture and Tourism Trust had been granted consents by the Otago Regional Council to develop stage one of its proposed Strath Taieri irrigation scheme, which aimed to divert water from two tributaries of the Sutton Stream, including Stoney Creek, into the Logan Burn for release down the Taieri River.
The issue for Doc was how much water should be left to provide for fish values in the stream, in particular for the Eldon's galaxiid.
Doc submitted against the proposal at the resource consent hearing and, when the consent was granted, appealed the condition to the Environment Court last June.
The two parties and the Otago Regional Council went into mediation before going to court.
Strath Taieri group secretary Kate Wilson said it had been frustrating that such a "small in size" issue had dominated what was only the first stage of the proposal that did not involve taking any water.
The group did not have a problem with protecting the galaxiid but was not sure why Doc made such point about it with the group's consents when it had not done anything at other sites to ensure the galaxiid was protected, she said.
However, a water level offer the group made in October was acceptable and the group and Doc were able to come up with a solution in mediation, she said.
Mr Hill said it took a lot of talking but it was heartening to be able to avoid going to court.
Non-migratory galaxiids usually made their homes higher up catchments in smaller streams, which were not so attractive to irrigators, and he thought it was one of the first consent applications in which Doc had to advocate to protect a population.
Otago Regional Council resource management procedural specialist Marian Weaver said there was much "to-ing and fro-ing" between the two parties as additional information about the galaxiid came to hand.
When consent conditions were appealed, most case expected to be resolved by mediation but not all, she said.
The agreement was now with the Environment Court, awaiting approval.
"It was a successful mediation process," she said.
