Form 95 - Private right determination

Request GMW make a determination as to whether you have a right to take water from a waterway free of charge and without a licence.

The Water Act 1989 (Vic) states that anyone in Victoria can take water from any waterway and use the water on land they occupy for domestic and stock purposes provided the land is adjacent to the waterway or the water flows or occurs on the land.

If you need assistance completing this form please contact the Licensing Unit between 8.00am and 4.45pm Monday to Friday on 1800 013 357 (free call from most fixed line phones) or email

Before you start

A landowner may have a private right when there is no Crown Land, Road Reserve or Public Purposes Reserve separating their property from the waterway.

Normally private right exists if:

  • Your property title includes the river or stream.
  • Your property title directly abuts the river or stream.

The Private Right is limited to points where the waterway abuts or transverses the property.

If a Crown Allotment that would enjoy a private right was subdivided:

  • before 1 November 1990, all of the lots within that subdivision that are traversed or abutted by the waterway enjoy the private right to water.
  • after 1 November 1990, only one of the lots that is traversed or abutted by the waterway would enjoy a private right to water.

Private rights to water only apply where the water taken for domestic and/or stock use. If water is to be used for any other purpose, a licence to take and use water is required. Please contact Goulburn Murray Water’s Licensing Unit for licensing requirements.

Domestic and stock purposes include:

  • household use
  • watering of stock* and animals kept as pets
  • watering of a kitchen garden (up to 0.1 hectares)

*Stock use does not include water used in dairies, piggeries feedlots, poultry sheds or any other intensive or commercial use.

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