A group of landholders have threatened legal action over the discharge of Class B recycled water into Deep Creek in the Romsey area.
Greater Western Water began controlled releases from Romsey Recycled Water Plant last month attributed to a rise in storages from sustained heavy rainfall.
The release has contaminated the creek which those fronting it use for both household and farming purposes.
Landholders maintain the banks and creek beds on their properties are not Crown land with land titles pre-dating the 1880s.
“Where the land owners along the creek own the bed and banks of the creek, then discharging waste water into the creek constitutes illegal and actionable common law nuisance,” Monegeetta farmer Randall Gerkens said.
In 2019 WW agreed in writing it would not seek a licence (or licence amendment) from the EPA to discharge into Deep Creek without giving us 14 days written notice. This arrangement was to continue when WW merged into GWW.
“The undertaking given to us was unconditional and not subject to an exception for an emergency or heavy rainfall,” Mr Gerkens said.
Mr Gerkens is part of the group preparing to take legal action and is also calling on the Minister for Water to sack the board and senior management of GWW (see the letter on page 20).
GWW stated last month it expected the releases of Class B water to continue into October until storages at the Romsey Recycled Water Plant return to normal.
