‘No water, no farmers, no food’: WA fruit and veggie growers fear over-regulation of water in law review

Frustrated farmers in one of the State’s premiere food bowl regions have penned dozens of submissions against controversial water legislation they fear will strip them of their rights and force them out of production. However, the contents of the 73 submissions are shrouded in secrecy. The Department of Water and Environmental Regulation confirmed it would instead publish a summary of the feedback and how it was considered at the same time it published its finalised Spring Exemption Guidelines. It comes as WA Water Minister Dave Kelly and the State Government work to “modernise” water management under the Water and Irrigation Act Water and Irrigation Act 1914. Spring rights are one piece of a larger puzzle, with fruit and vegetable growers concerned proposed changes to the legislation will end up in over-regulation, leading to a mass exodus from the $1 billion industry. Growers fear they could end up being charged for the water in dams they built themselves, an impost they say would be the “nail in the coffin” for horticulturalists battling rising production costs and labour shortages. WA Water Users Coalition chair and Manjimup farmer Bevan Eatts is championing their cause. “Farmers have spent money on infrastructure to create dams over the past 50 years — at their own cost at no cost to the taxpayer — and now it feels like the Government’s trying to control how that water is used,” he said. It is the latest hurdle in what has been a contentious few years for the Manjimup-Pemberton region, which has a long history of farmers — many of whom rely on irrigation for horticulture — fighting for water rights. Shortening of winter take periods, restrictions on water licences and most recently, the controversial $80m Southern Forests Irrigation Scheme have been causes for concern. Under the Act, farmers are required to buy a water licence to access water from rivers, streams and tributaries. They are charged for this water, with restrictions placed on the amount they can take and when they can take it. But if water naturally rises up from the ground on their properties, they can qualify for a “spring exemption” and build a dam on the site to use the water how they wish. Mr Eatts believes the Government may move to license such dams, exerting control over how much they can use, when they can use it and charging by the megalitre. It has led to growers dropping “hundreds of thousands” on building new dams, in the hope they can beat any legislative changes — if is not retroactive. Manjimup avocado grower Vic Grozotis — who employs 25 staff in his packing shed — said the State failed to address the need for growers to have water security for forward planning. “Growers try to drought-proof and if the department is going to take water away, what we could see is a reduction in planting area, because growers need some level of security,” he said. “We could definitely see an exodus of growers in WA. “Water has only got value if at the end of the day it gives a commercial return to the to the user. “This is just another nail in the coffin for horticulturalists in WA.” Five months of public consultation on DWER’s draft spring exemption guidelines closed on May 31, with 73 submissions received — the majority of which were from Manjimup, Pemberton and Bridgetown. The submissions will not be publicly released. Instead, a DWER spokesman said a document summarising the feedback would be published with the final version of the guidelines later this year. Liberals leader David Honey urged farmers to “make as much noise” as they could and said the State Government needed listen to growers, who were “experts” in the community. Manjimup farmer Diane Fry said if the State Government made it “hard to do business”, farmers would either stay in it and food prices would go up, or farmers would exit the industry. “We produce millions and millions of dollars (worth) of food,” she said. “When the rest of the shelves were empty, fresh fruit and vegetables were on shelves . . . because we produce it locally.” Manjimup avocado grower Tom Winfield said once water was regulated, the Government could reduce farmers’ licenses without consultation and it was “critical” farmers stood up for their rights. While Mr Kelly said public consultation on the issue had occurred for more than a decade, Mr Eatts called it “limited” and hoped to see more in the future, starting with a meeting with the minister on June 23. DWER plans to hold a two-day field test of the guideline in the Warren-Donnelly catchments with landholders and members of the Warren Donnelly Water Advisory Committee, and hold online forums with WAWUC, Warren Catchments Council, Manjimup Water Security Group and the Manjimup Chamber of Commerce and Industry. “We’re going to work with the department to get the best outcomes for everyone involved,” Mr Eatts said. “The environment, the community and also the irrigators. “You can’t have a one-size-fits-all approach.”