Damming and diversion manages dams, weirs, and diversions, including activities associated with their placement, maintenance, and removal.
No recent updates or changes
Damming and diversion activities captured include:
>Damming occurs throughout Otago for a range of purposes (such as providing drinking water, generating hydro-electric power, harvesting, and storing water, irrigation and treating stormwater). Dams in the region vary in size and age, and are in rivers, lakes, and wetlands (in-stream) and outside of these water bodies (off-stream). Weirs are also used to raise the level of water upstream or regulate its flow, and the diversion of water occurs in the region and involves redirecting the flow of water.
The table below provides a high-level comparison of the provisions of the operative Water Plan provisions with those included in the draft Damming and Diversion chapter and highlights the key changes from the operative Water Plan.
Key changes:
New definitions for different types of damming structures and activities that are aligned with national direction and the Building Act 2004.
Separate rules for off-stream and in-stream dams and weirs.
Separate rules for temporary and longer-term damming.
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Damming and Diversion chapter of draft LWRP |
Existing plan |
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Off-stream dams are permitted if:
If the off-stream dam does not comply with the above permitted activity conditions, a discretionary consent will be required. Activities captured by the following rules include placement of the dam or weir, and any associated damming or diversion, use and disturbance of the bed of a lake or river, and discharge of water or contaminants into water. New temporary in-stream dams and weirs (in place for no longer than 30 days) are permitted if:
If the temporary in-stream dam or weir does not comply with the above permitted activity conditions (except for where damming is prohibited), a discretionary consent will be required. New longer-term in-stream dams and weirs (in place for longer than 30 days) are a discretionary activity provided they are not located in an area where damming is prohibited. Activities captured by the following rules include use of the bed of a lake or river, damming or diversion of water and discharge of water or contaminants into water. Use of in-stream dams and weirs that existed on 1 July 2024 is permitted if:
If the activity does not comply with the above permitted activity conditions, a discretionary consent will be required. Maintenance of lawfully established in-stream dams and weirs is permitted provided there is no increase in the volume of water impounded or the footprint of the dam or weir, and many of the same conditions as placement are met i.e., complying with environmental flows and levels, not affecting lawful water takes, not disturbing indigenous birds etc. If the activity is unable to comply with the permitted activity conditions, a discretionary consent will be required.Activities captured by the following rules include disturbance of the bed of a lake or river, discharge of water or contaminants, and damming or diversion associated with the removal. Removal of in-stream dams and weirs is permitted if:
Clear policy direction for restricting the construction of new in-stream dams and weirs but facilitating off-stream dams Clear policy direction on managing the effects of damming activities and recognising hydro-electricity generation. |
Same rules apply to all damming activities regardless of location, type, or duration. Damming (whether or not it is off-stream or instream) is permitted if:
If the activity does not comply with the above permitted activity conditions, then consent is required (except where damming is prohibited). Activity status ranges from restricted discretionary to non-complying depending on what conditions can’t be met. Limited policy direction to guide the management of damming activities. Definitions are unclear. Provisions are not aligned with national direction and the Building Act 2004. |
Key changes:
Definitions clarify that diverting water outside the bed of a water body, even if non-consumptive, is managed as a take and discharge of water rather than a diversion.
Separate diversion rules supported by policy direction focusing on ensuring that fish passage is provided for, diversions are kept to the smallest practicable extent, and they have minor or transitory adverse effects on the environment.
Diversion rules distinguish between diversions of water outside of the bed of a water body (e.g., to alleviate flooding) and those within a water body (e.g., to facilitate temporary works on a structure).
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Damming and Diversion chapter of draft LWRP |
Existing plan |
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Diversions where they occur fully outside of the bed of a lake or river are permitted if:
Diversions within the bed of a lake or river are permitted if:
If the activity does not comply with the above permitted activity conditions, a discretionary consent will be required (except where diversions are prohibited e.g., areas protected by water conservation orders or legislation and in Lake Tuakitoto as per the Water Plan). |
Diversion rules bundled with damming rules. A diversion is permitted if:
Diversions related to lawful structures are a permitted activity if:
Diversion of water from water bodies not consistently managed as a ‘take of water.’ |
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Damming and Diversion chapter of draft LWRP |
Existing plan |
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Key changes: All relevant activities associated with the damming or diversion of water; for example, disturbance of the bed of a lake or river, discharge of water or contaminants, and damming or diversion etc. are managed under the same rules in the DAM chapter and are permitted or consented along with the primary activity.
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Multiple rules spread across different Water Plan chapters apply for various activities associated with damming and diversion e.g., structures, bed disturbance, discharges of water and contaminants etc. |