Hampton Irrigators take Toowoomba Regional Council back to Supreme Court over water dispute

A dispute between a group of irrigators and the Toowoomba Regional Council over the use of water has continued, with both parties returning to the Supreme Court this week over prolonged issues with a longstanding water agreement.

A group of irrigators have taken the Toowoomba Regional Council back to court.

Hampton Irrigators Pty Ltd established a water-swap agreement with the council more than a decade ago to pump water from a Kleinton bore into Cooby Dam, of which the equivalent amount was then accessed by the farmers from the bulk supply to water avocado trees.

But the TRC turned off the bore late last year, citing concerns over water quality, and wrote to the irrigators to terminate the contract.

The Supreme Court in September ruled the contract was still valid and that the water quality was suitable for drinking, based on evidence by an independent expert.

But Creevey Russell Lawyers’ Dan Creevey, who is representing the irrigators in the matter, said the latest claim was related to a clause in the original agreement that ensured the farmers could access water until 2032.

Mr Creevey said the council argued the clause did not apply during negotiations with the irrigators, which necessitated a return to court.

“Hampton Irrigators are disappointed with the way that TRC have conducted themselves prior to and following the ruling by the Supreme Court on September 9 which confirmed that TRC had unlawfully terminated the water supply agreement which dates back 12 years,” he said.

“When TRC finally wrote to the Hampton Irrigators on November 2, they advised that TRC did not accept its obligation to negotiate in good faith but instead suggested that the parties negotiate on TRC’s terms, which gave Hampton Irrigators absolutely no certainty with respect to any future water security, which simply was not acceptable.

“The WSA contains clauses which allow the parties to try and resolve disputes through an informal mediation process however the ongoing dispute between Hampton Irrigators and TRC relates to legal interpretation of the agreement and complex legal issues are more efficiently resolved by the court.”

Council CEO Brian Pidgeon said the council was disappointed the matter was returning to the Supreme Court.

“Council’s preferred method is always to avoid legal proceedings but rather enter into discussions in good faith,” he said.

“This is not only beneficial for all parties involved but also avoids the unnecessary court costs, which ultimately comes at a cost to the ratepayer.

“In this case, the council has advised the Hampton Irrigators of the council’s willingness to talk through the various options they may like to consider and how they can continue to access water it wishes to be able to use.

“At no time has the council turned off the tap and denied the Hampton Irrigators access to their allocation of water from the Toowoomba bulk water supply.

“It’s regrettable the group has seen it fit to resort to litigation instead of accepting the council’s invitations to talk.

“While the council has no option but to participate in the ongoing legal proceedings, we will continue to work with the group.”

Mr Creevey pushed back against the council’s assertion it didn’t cut off water supply, calling it “misleading”.

“TRC has also maintained that the water to Hampton Irrigators’ was never turned off — this statement is simply incorrect,” he said.

“The Hampton Irrigators have had access to water which they had ‘banked’ during the millennial drought, which would have lasted them until approximately December 2020, but had no water security past this because the tap at the Kleinton bore was turned off.

“Any statement by TRC to the contrary is misleading.”

The court has reserved its judgment.