Council were issued an official caution from NRAR in July last year regarding a breach in their conditions regarding the use of the dam throughout 2019 [at the height of the drought], which left the Winburndale Rivulet in a dry state, photographed by the Western Advocate in January last year.

READ MORE: Council disputes regulator's caution over Winburndale Dam water usage

The dispute has resulted in council commissioning an EA application [through Orange engineering consultant Premise], which calls for an amendment to the license conditions regarding environmental flows when the dam is below crest level.

The amendment would permit council to release flows from the dam's release valve at a rate of 0.78 megalitres per day, with seasonal adjustments.

Winburndale Waters Conservation Group [WWCG] member Michael Inwood said stakeholder submissions have been included in the EA, but feels the change in conditions could absolve council of any further issues with the rivulet during drought.

READ MORE: Winburndale conservationists call for a rethink of rivulet's management

"The historic release rates were grossly inadequate, and resulted in a disastrous outcome for the environment of the rivulet at the height of the drought and if approved, this EA guarantees council to operate 'business as usual'," Mr Inwood said.

"Throughout 2019, council maintained they released 0.6 to 0.8 megalitres daily into the rivulet, and yet it was dry, so we hope this forum will allow us to work towards a compromise."

Charles Sturt University adjunct professor David Goldney has conducted a pro-bono report into the rivulet's environmental management and labeled the EA "seriously flawed."

"They never justified how they arrived at that 0.78 megalitre figure, and as council doesn't measure all flows into the dam and base their modelling on the Bathurst Airport rain gauge, they've seriously underestimated the welfare of the rivulet," Dr Goldney said.

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"There's a significant rain shadow between Yetholme and the airport, which blocks rainfall from entering the dam's catchment area, which I feel warrants closer attention to how inflows are measured."

A WWCG report suggested 750 megalitres of water had been withheld in the dam across 2019.

NRAR's investigation found council breached section 91B of the Water Management Act 2000: constructing or using water supply work without, or otherwise than as authorised by, a water supply work approval.

Council general manager David Sherley said "council is continuing to work with NRAR in relation to Winburndale Environmental Release Conditions, ensuring the security of the town water supply, in addition to achieving optimum environmental outcomes."

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