IT HAS been more than a decade in the planning, but issues still surround the new Lower Limestone Coast Water Allocation Plan, particularly the conversion of area based licences to volumetric.
Flood irrigators in the region were required to apply for a delivery supplement to their licence by completing a form issued by the Department of Environment, Water and Natural Resources, but some never received this letter, or lodged the form late and missed out on up to 11 megalitres a hectare irrigation equivalent of entitlements.
This delivery supplement volume is more than their base crop allocation in most cases, which has been calculated on past irrigation records.
They could face hefty fines for overuse when the new process comes into effect in 2015-16 - if they continue irrigation practices without the delivery supplement volume.
Member for MacKillop Mitch Williams said he had been contacted by a couple of constituents concerned about aspects of volumetric conversion and had "great sympathy" for those affected.
"There was a lot done in the volumetric process that I never agreed with, and is fraught with danger, such as the volumetric calculation in the border zone which has seen these areas over allocated and subject to cuts when it was never a problem before," he said.
He said it was nonsense that those who had not filed the form must pay a fee to fight it.
"It should be automatic to reinstate their water rights," he said.
But DEWNR water licensing program manager Mike Fuller said the need to apply for delivery supplements for some irrigation types, including flood irrigation, was communicated a number of times through meetings, workshops and various media throughout the development and implementation of the new plan.
He said a letter and application forms were sent to registered postal addresses for each licence holder, as held in the DEWNR Water Licensing System.
These forms were sent out via Australia Post in early December 2013 - soon after WAP was signed off - with the applications due by 5pm on May 26, 2014.
The department has had telephone discussions with a small number of individual irrigators but at this stage only four appeals had been lodged with the Environment Resources and Development Court.
Mid South East Irrigators Association secretary Josh Hancock said as a group they were pro-active in ensuring all surface irrigator members had filled out applications to ensure their new Lower Limestone Coast volumetric licences included a surface delivery component.
However he knows of at least one irrigator in the area, but not a MSEIA member, who failed to submit the application on time.
Mr Hancock said members have failed to receive departmental paperwork in the past, which may be due to postal delivery issues or an incomplete licensee address database.
He said the current situation was a "red tape" issue, which could be easily resolved.
"We believed as surface irrigators that the delivery supplement component would automatically be added to the licence but then later were told we needed to complete an application process," he said.
"We thought it a bit strange but we accepted it and as a group made sure everyone returned their forms before the deadline. Anyone that did not get a letter or is not involved in an active irrigator group is now in a tough situation.
"Without that delivery component it makes businesses unviable.
"Many irrigation systems and whole farming businesses are set up needing that delivery component and would have to make big sacrifices if they can't have it."