A complaint by two community groups against the Otago Regional Council over minimum flows it set for the Waianakarua River and Trotters Creek is being examined by Parliamentary Commissioner for the Environment, Dr Jan Wright.
The commissioner's office confirmed yesterday the complaint by Coastal River Communities and Waianakarua River Community Users groups was one of several in recent months mentioning inability or reluctance to proceed to the Environment Court.
The two groups wrote to the commissioner in December complaining the council had set inadequate minimum flows for the river and creek which went against expert and scientific advice and also what the community wanted.
They told the commissioner the minimum flows put more emphasis on irrigation.
While the summer minimum flow of 200 litres a second for the Waianakarua River and 10 for Trotters Creek could have been appealed to the Environment Court, the two groups said they did not have the financial and volunteer resources to do so, nor to cover costs, if costs were awarded against them.
Initial recommendations were 20 litres a second for Trotters Creek and 270 for the Waianakarua River in summer.
Both groups were involved in community consultation about the minimum flows and had made submissions.
They said the council had largely disregarded the result of community consultation, preferring instead to favour immediate economic interests by maximising access for irrigation abstraction at the risk of in-stream values.
The final minimum flows chosen suggested a council priority was to avoid the need to restrict existing allocations, perhaps for fear of legal action.
The groups also worry the decisions will set the tone for other small rivers in Otago, placing the environment at risk.
