A Marlborough dairy farmer has appealed a Marlborough District Council decision to refuse him consent to take and use surface water at Wairau Valley over the next 10 years.
Appearing in the Environment Court yesterday, council lawyer Miriam Radich said Philip Woolley received a 10-year consent in 2002 to withdraw water to irrigate his farm, with the requirement that he install a water meter.
In 2012 Woolley applied to renew the application for another 10 years, the court heard.
Woolley failed to respond to council correspondence and 12 months later the council became aware he had not installed the meter.
The council has refused a 10-year order but proposed he could reapply for a three-year order if he installed the meter.
Woolley's says the installation of a water meter is not relevant.
Environment Court commissioner John Mills said if the council had acted sooner the case would not be before the court.
Mills and Judge John Hassan will make a decision on the appeal next month.
- The Marlborough Express