Irrigators are claiming damages from the Commonwealth and the MDBA through low allocations in the NSW Murray and Victorian Murray districts in 2017-19, while environmental water was being provided to flood forests.
Lead plaintiffs in the action are Berrigan potato farmers, Jack and Maree Doyle, who are expected to appear as witnesses.
Part of the plaintiffs’ case against the MDBA is that the authority should have ensured that the MDBA’s modelling and water accounting practices were updated to the best available data to include, among other matters, the impact of climate change upon the Murray-Darling Basin.
The plaintiffs are bringing the MDBA Class Action on behalf of NSW Murray Regulated River general security water entitlement holders who were allocated low water allocations in the water year 2017-18 and no water allocation or low water allocations in 2018-19, and Victorian high-reliability water share holders within the Murray declared water system who were allocated low water allocations in the 2019-20 water year.
The legal firm, Banton Group, is representing the class action members from NSW and Victoria. The class action was filed in May 2019.
Southern Riverina Irrigators chair Peter McDonald said it had been a long process to finally get to court.
“Those years were extremely tough for all of us,” Mr McDonald said.
“Without access to water, the mental and financial burdens were enormous and created so much stress and uncertainty — not just for food producers but also for our rural towns, businesses and communities.”
He said the class action was all about ensuring the alleged negligence never occurred again.
“Flooding the [Barmah] choke three years in a row was devastating and took its toll on everyone including the environment and we don’t ever want to see that type of waste of water ever again.”
Mr McDonald said the push for the class action came from previous SRI chair Chris Brooks.
“Chris launched the class action back in 2019 along with eight other concerned food producers from the Riverina.
“Even though he’s no longer the lead litigant, he is deeply invested in the outcome of what was at the time, an astounding waste of water.”
The trial is expected to run until October 3.
The MDBA said as the matter was before the court it was not making a comment.
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