We are off and away with another episode of the Senate Select Committee, Multi-Jurisdictional Management and Execution of the MDBP!

Brett Walker QC - says nothing (esp the flaws) he identified in his report for the SA Roy Comm have changed.

Brett Walker QC says the "in full on time" phrase is hollow - it will never be delivered in full and is badly behind schedule (**cough the CMS cough**)

. @RichardCBeasley echoes Walker's comments that the Commonwealth needs more power over water mgmt than the external affairs power to properly manage the water.

Beasley also says the Basin Plan is unlawful at many levels (go the read the Roy Comm if you want more deets on that)

On the 605 GL from supply measure adjustments, Beasley says the measures are "closer to pseudo-science" according to the expert reports.

Susan O'Neill keeps asking if the Morrison Govt can deliver the 605 GL, but I don't reckon any Govt could at this stage.

Brett Walker "I would not want any of my remarks" to be a comment on party politics; the gloomy outlook for the 605GL has nothing to do with party pols, it's an admin at state and fed level issue, inc senior public servants.

Walker: In my RC report, I didn't have any confidence in the MDBA, and I still don't

**DRINKING GAME** take swig every time @Senator_Patrick says 'goanna water' today.

Senator Patrick (Ind-SA) asking the Walker/Beasley pair (who also did Ruby Princess), how different the process was during both inquiries [MDBA/CSIRO staff did not appear before the SA Roy Comm]

Beasley says there's an 'unpleasant' lack of cooperation from Feds, which is an outdated attitude that ignores the needs of states get important information, an issue that goes way beyond just the Basin Plan

Sen Patrick asks what the crew reckons of his constitutional change bill (that would give commonwealth more power to manage water). Mr Walker says he'll have a look. Walker says "cooperative federalism" is the key not too much fed power.

. @senbmckenzie (Nat-VIC) asks Team Roy Comm, given that 2024 deadlines are unachievable, has there been progress in getting states to refer powers to the commonwealth. (need clarity on this)

Beasley says climate change will create some hard decisions in the future; which will include having to give up some enviro assets, around a discussion of balancing industry.

Walker: I believe the (M-D B) Authority needs a clear out at the upper echelons (!) (paraphrase)

. @sarahinthesen8 asks about FPH - and Beasley says it's devo that we haven't even properly quantified that.

Sarah Hanson-Young (Grn-SA) asks Team Roy Comm about blocking and banning buybacks, they reply that the best econ evidence they received suggested willing sellers sold partial entitlement, money received spent locally, and were not the key source of downturn in basin communities.

Above sounds very similar to the body of work produced by @SarahAnnWheele1 over the years.

Apologies to everyone following this one - I'm guessing who's talking with voices (no vid link), so some of the tags and names might be off.

Perin Davey (Nat-NSW) asks about the abc yarn out today (re: the CMS). Given it relies on negotiations of easements, and it's a massive part of the last steps in the plan.

NEXT UP: Dr Emma Carmody from the @EDONSW (now a national org).
Deborah O'Neill (Lab-NSW) asks about the Water for Special Acct, which said the 450GL wasn't possible by '24 deadline & how will Govt deliver the 605 GL.

Dr Carmody says the re: 605 GL, EDO view is the offset hasn't been triggered, so the water will need to be recovered.
It's implausible that it'll be recovered through the supply measures. And legally, the obligation remains for recovery by 2024.

Dr Carmody says the terminology in the Act surrounding the 450 GL is ambiguous. The Act has not been tested in court, but it "would be challenging to argue that there is an unambiguous requirement" to deliver that water.

However, because SDLs have to reflect a ESLT, it may be possible to argue the 450 needs to be delivered (in Court argument terms re the Act).

Dr Carmody says from the moment the Basin Plan was passed, it hasn't complied with the Water Act.
(Taking some partisan heat from the line of questions).

Observation; Deb O'Neill really trying to pin the "morrison govt" on implementation failures, but each witness gently steering to the fact that both parties have been implementing the plan (no one has played ball so far).

Dr Carmody backs Brett Walker QC's view that multi-jurisdictional arrangements at the moment are a bit of a mess.

. @Senator_Patrick asks Dr Carmody about the SRI case (which the EDO is not involved with). Hasn't reviewed the latest statement of claim, and not that keen to wade into something that's before the courts.

Dr Carmody, asking and answering Sen Patricks q; it is possible if you have proceedings in a state supreme court or fed court, can subpoenas be sought from relevant agencies? yes they can if it's specific but not if it's a fishing expedition.

Even Dr Carmody finds reading the water act and basin plan extremely complicated so I am now absolving myself of the guilt and shame i've been carrying not making it past page one on both.

. @sarahinthesen8 asks Dr Carmody about a number of reports pointing to not enough water being where it's supposed to be; on the first one (Wentworth group), Dr Carmody says many of the models are old and not accurate esp in nMDB.

Dr Carmody says a Basin wide model is required to give more accurate assessments of diversions and what's left to achieve BP aims.
Also bc of CC and longer dry spells more water is required to wet the base and that's throwing models out.

Sarah Hanson-Young asks about reforms to EPBC Act and impact on MDBP; Dr Carmody says there are quite a few concerns inc around protection of important aboriginal heritage sites.

@SteveWhan (NIC), @Jeremy_Morton_ (NIC) and Les Gordon & Warwick Ragg from @NationalFarmers are up now.

. @SteveWhan raises the hideously (my word) behind schedule progress of the supply measures in opening statements.

Paraphrase; if we cant address the constraints issues, we can't deliver the types of flows envisioned in the Plan inc all the water SA is expecting.

@Nat_Irrigators and @NationalFarmers reps echoing what a range of reports have suggested; the 450 GL is unachievable under the current settings.

NIC and NFF drawing on an emerging theme in The Discussion - the need to look at how water used not how much.

@Nat_Irrigators disagreeing with scathing assessment of the Act and Plan & their finding of its unlawfulness by Team Roy Comm

. @Jeremy_Morton_ the one thing we learned in the early formation of the plan was that it's not about how much you have it's what you do with it. and that we are continuing to learn. "Manage the resource as a whole to get the best outcome for everyone".

@Senator_Patrick why should the environment suffer bc state and fed govts haven't met their obligations under the plan.
@Nat_Irrigators We can't go back in time, but where we are now is behind schedule. but if CMS isn't done, then you really can't deliver the flows.

Constraints primer bc it's comin up alot; TO get all the water the Plan envisions down the river, NSW and Vic have to convince ~3000 landholders to have their property flooded occasionally (an easement). this work has barely started, but supposed to be finished by 2024

that's why people keep raising the issue that there isn't any point in recovering more water, if it can't flow down the river; and it's the centre of this story from the ANU; https://www.abc.net.au/news/2020-11-17/murray-darling-missing-water-in-floodplains/12887342

Senator Davey asks about Senator Patrick's constitutional reform bill; NIC and NFF say let's just try and make things (jurisdiction-wise) simpler.

FINALLY - smoko !

And we're back with The Academics, there are lots and I will probably get their names wrong but i'll try my best.

Prof Jeff Connor pointing out one of the biggest flaws - the MDBP doesn't factor climate change.

. @sarahinthesen8 on the now-unachievable 2024 deadlines; should the deadlines remain, and what are the alternatives.
@GraftonQuentin : yes we should be trying to meet them, but also yes we are failing to do so.

Dr Colloff refers to this morning's story on CMS; says @nswirrigators also wants to see movement on CMS. But "overall, can the requirements of the MDBP be met by 2024? I don't think so"

Dr John Williams says we really need more detailed audits of water. Unless the FPH number is known, progress will be difficult.

Prof Grafton backs the call for a rigorous water audit.

Dr Colloff says many orgs are trying to estimate FPH volumes atm; it's perfectly possible that the amount harvested in a single rain event in the nMDB could be far more than the env watering in the entire basin.

Academics say the different modelling platforms used by MDBA & states make it difficult to audit water.

Some more free and open IP sharing arrangements (opening up the data w/in state depts and MDBA) would greatly assist in conducting something in order of a water audit.

OK we're having a real campfire moment here lmaooo everyone is talking about where they grew up

We just had a Messy Moment with some strong words flying around about whether or not 97% of the water has been recovered or not.

Apols for the slow down in tweets; during the academic session I'm focused on absorbing and not transcribing.