Three companies who want to develop 16 dairy farms in the Omarama and Ohau areas have asked an Environment Canterbury panel whether it can deliver a decision on resource consents they need for irrigation of the properties and to dilute effluent from the cows.
A decision on the water consents could influence what action they take after Minister for the Environment Nick Smith last week called in their applications for the storage and discharge of dairy effluent from the farms and set up a board of inquiry to process the applications.
The Environment Canterbury (ECan) panel of four commissioners is considering 110 applications for water in the upper Waitaki catchment above the Waitaki dam, including those from the three dairy farm companies, Southdown Holdings Ltd, Williamson Holdings Ltd and Fiver Rivers Ltd.
The companies want the water for irrigation of pastures and crops to feed up to 17,850 cows in cubicles and to dilute effluent to spread it on to land.
They also need a total of 15 consents for dairy effluent disposal, effluent storage ponds and discharge of contaminants to air from effluent.
The companies' counsel, Christian Whata, is now asking the ECan panel considering the water consents for "an urgent determination" as to whether it can and will make a decision on the water consents without the effluent applications being resolved, saying in a memorandum: "This will affect the course adopted by the applicants."
While Mr Whata does not say it in his memorandum, the water consents are vital for the establishment of the dairy farms.
Without the water, there will be no irrigation for pasture or crops to feed the cows nor to dilute the estimated 1.743 million litres a day of effluent from the cubicles.
If the water consents were refused by the ECan panel, the companies would have to decide whether it was worth proceeding to the board of inquiry for the effluent discharge consents.
ECan panel chairman Christchurch lawyer Paul Rogers said that in light of the request, he wanted the views of all parties involved in the water consents hearings on Mr Whata's memorandum.
Mr Rogers gave a deadline of tomorrow for responses, although there is some flexibility.
After considering those responses, the panel would determine "an appropriate course of action", he said.
Land use consents and certificates have already been issued by the Waitaki District Council.
They were not publicly notified.
