Flow corridor negotiations: Phase 1
On 29 August 2025 the NSW Minister for Water, Rose Jackson, MLC gazetted the Water Management (General) Regulation Landholder Negotiation Scheme Order (No. 1) 2025 for the Reconnecting River Country Program’s Murrumbidgee Project marking the start of Phase 1 flow corridor negotiations. Negotiations will commence between Darlington Point and Balranald covering properties representing more than 50% of the inundation area for the Murrumbidgee Project. These properties will be prioritised for flow corridor negotiations by December 2026.
Water Group representatives will now begin contacting landholders in the Phase 1 area using a staged approach. Not all landholders will be contacted straight away.
Key points for Phase 1 landholders
- Negotiations are voluntary and will be conducted in line with the Landholder Negotiation Scheme (LNS).
- Landholders will be formally invited to negotiate and compensated in accordance with provisions under the Land Acquisition (Just Terms Compensation) Act 1991.
- For properties with minimal inundation impacts, the program is considering alternatives to easements such as a Deed of Release.
If you are an affected landholder identified in the Declaration Order and have not been invited to commence negotiations, we will continue to keep you informed about the program and timing of when your negotiation will take place.
It’s important to note the program is considering alternatives to flow easements, subject to approval later in 2025. Negotiations with landholders, eligible for an alternative measure, will be deferred until after this approval.
The easement acquisition process
- Landholders will be contacted by program representatives and invited to attend a commencement meeting. An Invitation to Negotiate letter will then be issued.
- Landholders have 28 days to respond in writing to the invitation to negotiate.
Acceptance of the invitation to negotiate marks the formal commencement of the 12-month negotiation period under the Landholder Negotiation Scheme (LNS) process. All negotiations are voluntary and will be conducted in-line with the LNS process to ensure fairness and transparency, find out more about the Landholder Negotiation Scheme.
- An independent valuer, engaged by the program, will assess compensation payable, considering market value of the land, the extent of the inundation, and potential impacts to the property and assets.
- Following this valuation, the program will issue a letter of offer to the landholder.
- Landholders can appoint their own legal and valuation advisors and valuation reports can be exchanged upon receipt of the landholder’s valuation.
- If the offer is formally accepted, a Deed of Agreement is entered into.
- Independent facilitation and mediation services are available to landholders where negotiations have stalled or a neutral third-party is required to continue negotiations.
- If no voluntary agreement is reached, compulsory acquisition may be pursued as a last resort under the Land Acquisition (Just Terms Compensation) Act 1991, with the approval of the NSW Minister of Water. No compulsory acquisition will be pursued before December 2026.
Find out more about the Landholder Negotiation Scheme.
Deeds of release for properties with minimal inundation impacts
We've listened to the feedback from community and identified an alternative to inundation easements for properties with minimal inundation impacts from proposed environmental water releases.
Minimal inundation impacts mean during proposed environmental water releases, inundation is expected to be localised and limited.
Landholders with properties assessed as having minimal inundation impacts will be invited to negotiate a deed of release under the Landholder Negotiation Scheme and will be eligible for compensation calculated in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW).
Negotiations for deeds of release will commence with selected eligible landholders in the Phase 1 delivery area between Darlington Point and Balranald. Negotiations with other eligible landholders, including those outside the Phase 1 area will be subject to additional funding and Murray-Darling Basin Plan considerations.
A deed of release may be offered where inundation from environmental water releases above the current operating limit will:
- temporarily inundate less than 40 hectares and less than 20% of the total landholding; and
- temporarily restrict access to parts of the property, with the affected area being less than 20 hectares; and
- not affect any major assets on the property.
A deed of release is a one-off agreement where a landholder receives compensation in return for acknowledging that environmental water releases may inundate their land. The environmental water releases covered by the deed are specified in the Water Management (General) Regulation Landholder Negotiation Scheme (Murrumbidgee) Order (No. 1) 2025. A deed of release is not registered on the property title.
Further information on deeds of release for properties with minimal inundation impacts is provided in the deed of release fact sheet.
An inundation easement provides an enduring legal right for the river operator to inundate land through environmental water releases, in accordance with the terms of the easement and the Water Management (General) Regulation Landholder Negotiation Scheme (Murrumbidgee) Order (No. 1) 2025 (Murrumbidgee Declaration Order).
If an agreement is reached, landholders will enter into a Deed of Agreement and the easement will then be registered on the property title.
A deed of release is a one-off agreement where a landholder receives compensation in return for acknowledging that environmental water releases, within the scope of the Murrumbidgee Declaration Order, may inundate their land.
Both inundation easements and deeds of release prevent future claims against the Water Administration Ministerial Corporation and the river operator (WaterNSW) for impacts from these releases.
However, unlike an inundation easement, a deed of release is not registered on the property title.
The type of agreement offered depends on the nature and extent of the expected impacts from proposed environmental water releases.
Properties expected to experience minimal inundation impacts may be suitable for a deed of release, whereas properties expected to experience larger or more extensive inundation impacts may require an inundation easement.
The program will advise landholders which agreement is being offered through the Invitation to Negotiate process under the Landholder Negotiation Scheme.
No. Due to the large scale of the program and the diverse range of inundation impacts, the program requires a suite of instruments to secure the environmental flow corridor.
Deeds of release are contractual arrangements with the current landholder and are not registered on title. While they can be appropriate where inundation impacts are minimal, they do not provide enduring certainty where impacts are more significant.
For properties that are significantly affected or require long term certainty, enduring instruments such as inundation easements are more appropriate, as they provide protection and clarity for both landholders and the river operator.
Negotiation assistance
To help landholders make informed decisions, the program will cover reasonable costs directly related to participation in the negotiation process. This includes expenses for independent legal advice and property valuation services.
Find out more about the negotiation assistance (PDF. 309KB) available to landholders.
Support for landholders
We understand many landholders have not been involved in similar negotiations before, and the process may be overwhelming or unfamiliar.
As part of the process, all landholders will be provided a dedicated support team, including a Personal Manager to be your point of contact for general enquiries and support, and an Acquisition Manager to guide you through the negotiation process.
To ensure all affected landholders have access to mental health support, the program has put in place a dedicated support service (through TELUS Health) to provide access to free, confidential, professional counselling services. TELUS Health offers confidential counselling services for emotional and psychological support
Appointments can be made in person, via phone, text or via a video call.
When accessing these support services, you will be asked to provide your name and contact details, and to identify the program. Please quote “RRCP landholder”.
Phone: 1300 361 008 to make an appointment. Available 24/7.
Text: 0480 032 310 to reach a clinician, Monday – Friday, 7:30am – 7:30pm.
Find out more about support services for affected landholders (PDF. 680KB)
Flow corridor negotiations: Phase 2
Negotiations with landholders outside of the Murrumbidgee Project Phase 1 delivery area, as specified in the Declaration Order, are expected to begin after December 2026, subject to funding and Basin Plan continuation.
Until then, the program will continue to engage with landholders, in partnership with Local Land Services, outside of the project’s Phase 1 delivery area to:
- raise awareness of the program
- discuss and validate inundation mapping
- understand potential benefits and impacts
The program’s interactive inundation allows landholders to view the extent of inundation on their land associated with the upper flow limit.
Landholders can use the interactive inundation tool to see if they are in the flow corridor and are encouraged to register with the program.
More information
- Reconnecting River Country Program: Program overview
- Reconnecting River Country Program: Murrumbidgee Project – Phase 1 benefits
- Securing the Murrumbidgee flow corridor brochure
- Declaration order
- Phase 1: Delivery support services fact sheet
- Negotiation assistance fact sheet
- Proposed environmental water releases in the Murrumbidgee
- Inundation easements fact sheet
- Deed of release for properties with minimal inundation impacts fact sheet
Contact us
For more information call us on 1300 081 047 or email us at water.enquiries@dcceew.nsw.gov.au