NSW Creek Water Legal for Garden Use under Property Law?

[Tanbon]

Is it legal under property law for a neighbour on top side of your land to pump out of creek running through both properties every day and use the water for irrigation of gardens?

 

[Ivy]

Hi there,

Landholders with creek, river or lake frontage or who overlie an aquifer are allowed to pump the water for domestic use (including household gardens) and non-intensive stock watering. See section 52 of the Water Management Act 2000: http://www.austlii.edu.au/au/legis/nsw/consol_act/wma2000166/s52.html

It sounds as though your neighbour's activities are lawful.