2026 Strategic purchase of water rights in the NSW Border Rivers
The Department of Climate Change, Energy, the Environment and Water is seeking to purchase an estimated 3.68 GL/y (LTDLE) of surface water rights in the NSW Border Rivers catchment through a rolling evaluation open tender. Waterfind is available to assist water right holders in assessing and preparing a Tender Response.
This page summarises the key terms of the Department's Approach to Market ATM_2026_6859, released on 23 September 2026, for holders of eligible surface water rights in the NSW Border Rivers catchment. Water purchased through the tender is intended to contribute to bridging the gap to the Sustainable Diversion Limits under the Murray–Darling Basin Plan 2012.
Scope, reliance and limitations
This summary is based on the ATM Conditions, Schedule 1 (Glossary) and Schedule 6 (Instructions to access the online Tender Response form) as released on 23 September 2026. It is provided as general information only and should not be relied upon as financial or legal advice. The ATM documentation available on AusTender, including the Draft Sale Agreement, sets out the binding terms and should be read in full before a Tender Response is submitted. The Department may amend the ATM by addenda, and this summary should be treated as current only as at its date of preparation.
Key terms of the tender
This section sets out the principal parameters of the tender as stated in the ATM.
Target volume
3.68 GL/y
Long-term diversion limit equivalence (LTDLE)
Closing Time
11:00 am, Thursday 11 March 2027
ACT local time, unless the Department advises otherwise
Minimum offer
10 ML
Nominal Volume, with one water right per Tender Response
Tender Offer Period
12 months
From the date the Tender Response is submitted, subject to extension
Tender Responses are assessed as they are received. The Department has indicated that it may stop considering Tender Responses before the Closing Time, for example if the volumetric target is achieved.
Eligible water rights
The Department is seeking to purchase permanent surface water rights, in whole or in part, from the following water sources.
Figure 1: Selected catchment for the 2026 Strategic purchase of water rights to bridge the gap in the NSW Border Rivers. Source: DCCEEW ATM_2026_6859.
Water source
Water right type
Regulated River
High Security
Regulated River
General Security A
Regulated River
General Security B
Regulated River
Supplementary
Unregulated River (Croppa Creek and Whalan Creek only)
Unregulated
Floodplain Harvesting
Regulated1
Table 1: Eligible water sources and water right types, NSW Border Rivers. 1 Floodplain harvesting licences are eligible; however, volumetric, geographical and decommissioning works considerations will apply in the evaluation.
Matters outside the scope of the tender
The ATM indicates that the Department will not consider the following:
land acquisitions, as only water rights will be purchased;
water rights that are currently leased, or that form part of a current or future leasing agreement;
water rights that cannot help to bridge the gap to the Sustainable Diversion Limits, such as stock and domestic rights; and
seasonal water allocations.
Pricing and evaluation
It is important to note that tendered prices should represent a final price acceptable to the water right holder, inclusive of all costs, and that the Department has indicated it will not routinely make counteroffers. Tender Responses are evaluated on value for money, which considers the environmental utility of the water right alongside water market and other financial factors. The ATM encourages holders to consider relevant market data on recent trades and sale prices, and to seek appropriate advice before submitting.
How Waterfind can assist
Waterfind's support for holders considering a Tender Response could usefully be organised around the following areas.
Market pricing
Provision of current NSW Border Rivers market data to inform the price at which a holder may wish to offer.
Eligibility review
Review of the water right type, Nominal Volume, encumbrances and any leasing arrangements before an offer is committed.
Preparation and lodgement
The ATM allows a third party to submit a Tender Response through Tender360, subject to the owner's consent and signed Water Right Owner Declaration. Waterfind can assist with preparation and lodgement on this basis.
Key terms
Term
Meaning
ATM
Approach to Market, the Department's tender documentation for this purchase (reference ATM_2026_6859).
LTDLE
Long-term Diversion Limit Equivalence, a way of comparing the Nominal Volume of different water right types so they can be considered on equal terms. For example, 100 ML at an LTDLE factor of 0.8 equals 80 ML/y LTDLE.
Nominal Volume
The indicative volume of water available under a water right, as stated on the record of the water right.
Tender Response
An offer to sell some or all of the Nominal Volume of one water right, on the terms of the Draft Sale Agreement.
Tender360
The Department's online submission portal, through which all Tender Responses must be submitted.
Tender Offer Period
The period of 12 months from submission during which a Tender Response remains open for acceptance by the Department.
Table 2: Key terms. Definitions are summarised from the ATM and Schedule 1 (Glossary).
Register your interest
Water right holders who wish to discuss the tender may register their details below, and a Waterfind broker will be in contact.
