Canterbury Regional Council, known as Environment Canterbury (ECan), has carried a motion to declare a nitrate emergency at its final meeting today.
The vote was nine for, seven against.
Some councillors and government ministers said the council calling the motion in the last meeting before local elections was grandstanding and a political stunt.
Dozens of protesters had gathered outside the building demanding action.
The motion from Councillor Vicky Southworth recognises that, as the regional council for Canterbury, ECan "should take a leadership role to urgently address the issue of groundwater pollution impacting drinking water sources and supplies".
It comes after the ECan's recent annual groundwater survey found both E. coli and nitrate concentrations were increasing.
Water samples were taken from 349 wells across the region – a mix of private domestic and irrigation supply wells, community water supply wells, wells for industrial supply, and purpose-built monitoring wells.
The survey found E. coli was detected in almost 49 (14%) of these wells, especially in the shallowest wells.
Nitrate-nitrogen concentrations ranged across the region; however, higher concentrations were found in areas around and downstream of intensive farming and around 10% of wells were found to have nitrate-nitrogen levels above the Maximum Acceptable Value (MAV) for drinking water, which is 11.3 milligrams per litre.
Of the 301 wells with enough data to analyse trends over the past decade, 62% showed rising levels of nitrate concentrations, 20% showed a decrease.
ECan chairperson Craig Pauling said the results were "disappointing but not surprising", adding concerns about nitrates were first raised over 20 years ago in relation to the expansion of dairy across the region.
He said the council has been working towards improving water quality for many years.
"There's been a massive effort not only just now but since the early 2000s, since those predictions were done."
Pauling said while intensive farming is considered a key driver, urban storm and wastewater schemes could also contribute.
He also acknowledged there was a lag time of three to 30 years, depending on the substrate and groundwater system.
"The nutrients that are already in the system, in the groundwater, that's what we're seeing popping up."
Its recent annual groundwater survey found E. coli and nitrate concentrations were increasing. (Source: 1News)
Pauling said more recent efforts have been complicated by the current government ceasing all resource management plans while it develops a new freshwater national direction. He felt it had left their "hands tied".
"But what it has led to is more conversations in the community about what we're calling non-statutory action.
"So what [are] actions and interventions that we can take that don't require plans and rules, i.e. working directly with farmers, and industry and mana whenua, and our district and regional councils to get on the same page and say, within these catchments, we know we still have high nitrate issues in our groundwater, what are the things we can do to solve that, and confront that.
"There's a whole range of options."
He said these range from the "extreme" end of the spectrum, like stopping farming, to reducing stock and fertiliser inputs, planting nitrate catch crops, implementing herd homes, or establishing wetlands and recharging aquifers.
Pauling said industry, mana whenua, and government all had a part to play, though.
"Successive governments have really changed the goalpost a number of times in relation to freshwater issues, which hasn't really helped councils, and we're in the middle of them again."
The motion to declare a "nitrate emergency" has drawn criticism from government ministers.
Resource Management Act (RMA) Reform Minister Chris Bishop said it had stopped councils from progressing "unnecessary" plans and regional policy statement reviews – including freshwater plans – while it worked through significant reforms.
"The intent of the plan stop is to save councils and ratepayers time and money in advance of the new planning system coming into force."
He said public consultation on options to replace the freshwater national direction had recently finished, which included proposals to require councils to map drinking water sources.
In the meantime, the current RMA had a pathway for regional councils to apply to the responsible minister to notify and progress their freshwater plan.
Agriculture Minister Todd McClay labelled voting on a motion on the council's last sitting day before breaking for the election a "gimmick or a political stunt".
He said it did a "disservice to an important issue the Government is focused on getting right".
"The previous regulations weren't working for anyone across the country, especially in Canterbury. Complaints from water users had been growing, and in many cases councils around the country were just as frustrated as farmers and other businesses."
McClay expected the new national direction for freshwater management and improved farm plan regulations would be completed by early next year.
He said this would give councils the tools "to improve water quality without unnecessarily harming businesses and the local economy".
But Pauling said Notices of Motion were a way for councillors to put a matter on the agenda for discussion.
"Any councillor has the right to bring a Notice of Motion to council. Council then debates it and may or may not choose to support it, following the debate.
"I acknowledge it's the final council meeting of the term; however, nitrate in our ground and drinking water is an ongoing issue that we have been working on alongside the region's local and district councils, mana whenua and the community for some time.
"We won't solve this by fighting over whose fault it is; we will solve it by coming together to find a way through. We all owe that to our communities and our environment."
But Greenpeace is also calling on ECan to do more, staging a rally outside its office buildings during the council meeting.
Waimakariri resident Kate Gillard told the crowd the council was allowing for a huge expansion of dairy farming.
She said it was infuriating that the regional council said private drinking wells were not its concern, while controlling land use decisions such as increased dairy farms.
Freshwater campaigner Will Appelbe said nitrate contamination not only impacted the environment but also human health.
Appelbe said the cost of nitrate contamination was ultimately borne by the community and ECan, as the regulator was responsible for fixing it.
"They've failed in their duty to protect the lakes and water, and people's drinking water.
"Environment Canterbury has approved more than 15,000 dairy cattle to be added to the dairy herd in the Canterbury plains, and that is just going to make the problem worse.
"The main source of nitrate contamination it's intensive dairying."
Pauling said he would be speaking to attendees.
By Gianina Schwanecke for rnz.co.nz
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