A final decision clearing the way for Meridian Energy to use water from the lower Waitaki River for a new power scheme has been issued by the Environment Court in a process that has taken almost four years.
Meridian applied in December 2006 to Environment Canterbury (ECan) for four resource consents for water for the more than $1 billion north bank tunnel power scheme, a 34km-long project between the top of the Waitaki dam and the Stonewall, near Ikawai.
ECan granted them in December 2008, but five appeals to the Environment Court were lodged against the decision, four of those being settled in agreements reached through negotiation.
The fifth appeal, from the Lower Waitaki River Management Society, was heard by the court in June and July last year.
In September last year, the court issued an interim decision provisionally approving the consents subject to the parties reaching agreement on several issues and amending conditions to the court's satisfaction.
The court held a further hearing in July this year to consider proposed amendments and a decision was issued.
However, the court reserved leave for any party to applyby August 6 to the court to correct any errors in the decision and conditions.
Judge Jon Jackson has now issued a final decision which "essentially ties together a number of loose ends" and grants the consents for a 35-year term.
That includes corrections sought by parties and an attempt by Moeraki resident Dugald MacTavish to have reinserted into the conditions a requirement for Meridian to carry out research into didymo in the lower Waitaki River before the scheme is commissioned.
The court rejected that because, Judge Jackson said, it went beyond the intent of its direction in July for parties to apply to correct any minor grammatical errors or inconsistencies in the reasoning of the decision and conditions.
"Whilst he has the support of the parties, the court does not find it appropriate to include the condition ... ," Judge Jackson said.
Meridian originally proposed a 34km-long tunnel with one powerhouse, at either the start or end, generating up to 1400GWh of electricity a year, enough for all the households in Christchurch.
However, in September, after further investigation lasting more than a year, Meridian announced it had changed the design of the project, proposing a 12km tunnel from the Waitaki dam, then a canal with a base about 100m wide.
The 13km-long canal would hug the foothills north of State Highway 82, then re-enter the 9km-long end tunnel.
Two power stations were being proposed for the revised scheme, one at the exit from the first tunnel, and the other at the final outfall, generating the same amount of electricity.
The changes did not affect the resource consents because they were for water only.
Meridian has yet to file land-use resource consent applications with the Waimate District Council to build and operate the scheme and, if they are granted, still has to decide whether to build it.
If it went ahead, the scheme could be finished by 2020.