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 Murray water action thrown out of High Court 

Murray water action thrown out of High Court

10 Feb, 2010 12:46 PM
IRRIGATORS looking for hundreds of thousands of dollars in compensation were dealt a blow by the High Court of Australia at 11am this morning when their case was dismissed.

About 120 Lower Murray irrigators, who had groundwater entitlements dramatically cut several years ago, will now continue their legal action against the NSW Government in the Land and Environment Court.

The growers failed in their attempt to pursue both the NSW and Federal Governments when the High Court dismissed the case.

The chairman of the class action, Greg Sandford, “Noorumboon”, Deniliquin, told FarmOnline he was “gutted” by the decision.

“People have already lost their farms because of this water sharing plan,” Mr Sandford said.

A total of 180,000Ml was taken from irrigators under the Achieving Sustainable Groundwater Entitlement Reduction Program.

Ten per cent of this was compensated at $400/Ml – water in the valley is now worth $1200.

The loss of the other 90pc was not compensated.

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Date: Newest first | Oldest first
either we are prepared to support sustainable food growing or prepare to starve. Can't have it both ways.
Posted by towardswellness, 11/02/2010 10:53:01 AM, on The Land
Here again we see farmers' property rights violated by government. It's just got to stop. There are so many landholders out there with broken dreams and so many potential landholders not game to even have a go due to our draconian laws. Please listen.
Posted by concerned, 11/02/2010 2:38:52 PM, on The Land
Comments like those of towardswell miss the point. Those irrigators who have had their irrigation entitlements drastically reduced via the Entitlement Reduction Program, have not only lost (with pitiful compensation) a valuable capital asset, but much of the irrigation infrastructue that now remains on their farm also has had its value slashed, without appropriate compensation. Is that fair?
Posted by georgeg, 11/02/2010 2:40:38 PM, on The Land
It is hard to beleive we are in a democratic country when the many instances of theft by both political persuasions of farmers property continues.. when have the property of city dwellers ever been taken without proper compensation? this just has to stop.. this is not democracy.. pure and simple socialism.. which the Courts say is the law,, if this is right then the law has to be changed. Trev
Posted by Trev, 12/02/2010 6:59:32 AM, on The Land
Don't tell me you really believe that these farmers own all the water in an aquifer just because they can access part of that aquifer from their properties, regardless of whether the withdrawals from that aquifer are sustainable. And do you really expect tax payers to buy water back from those farmers in compensation for losing rites to water that never really existed in the first place. Talk about a free ride.
Posted by murf, 12/02/2010 3:08:41 PM, on The Land
To the bloody minded - including murf - No one 'owns' it and that includes Govt. But each individual on equal terms with the State govt have a constitutional right to the use of water for conservation or irrigation (refer to section 100 of the Australian Constitution). Unfortunately they chose the wrong path of attack in seeking compensation. They should have chosen 'the right to use' path.
Posted by daw, 23/02/2010 10:28:26 AM, on The Land

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