TRC taken to Supreme Court

AN ONGOING dispute over water between the Hampton Irrigators group and Toowoomba Regional Council is headed for a showdown in the Supreme Court of Queensland in Brisbane this week.

The Hampton Irrigators (HI) rely on water from the Kleinton Bore and have been drawing water from that source for many years going back to the days HI had an arrangement with the then Crows Nest Council.

However, TRC recently turned off the water supply to the growers, claiming the water was contaminated with a high level of radionuclides.

It had been agreed between the parties that “the science” would determine the outcome and, on recommendation of TRC, HI in July last year retained an independent expert,

Dr Ross Kleinschmidt, a former consultant to TRC, to analyse the water quality.

In documents obtained by The Chronicle, Dr Kleinschmidt found that the water was “potable”, that is, fit for human consumption under the Australian Drinking Water Guidelines protocols.

He found: “based on available data analysis, the radiological water quality of the Kleinton Bore is relatively stable and has not significantly changed between 2007 and

2019.”

In a letter to Toowoomba councillors, HI stated: “The agreement has worked to the benefit of the shire and the people of Toowoomba for 15 years.

“It was established during the millennium drought, at a time when the Toowoomba region was in great need of drinking water, an issue which is still current today.

“Hampton Irrigators Pty Ltd and its shareholders have provided jobs in the Toowoomba region through our businesses and continued to support the local economy in times of crisis (both during drought periods and the current COVID-19 pandemic).

“All of this is at risk without water security, which has been taken from us without warning and without any true basis.

“It is with great regret that we have had to resort to the legal process to reach a resolution on this matter, however, as we hope you can appreciate, the stakes for our shareholders and their businesses are incredibly high and we have been left with no other option.”

The Hampton Irrigators group will be represented by Toowoomba legal firm Creevey Russell Lawyers in the Supreme Court this week.