A BATTLE to stop water being mined for bottling at an Albury factory is headed to the Supreme Court.
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The legal step follows the Victorian Civil and Administrative Tribunal backing the extraction of water from land in Cue Springs Road, Stanley, south of Beechworth.
Members of the neighbourhood group, Stanley Rural Community Inc, passed a motion supporting an appeal against VCAT's decision in the Supreme Court.
The group’s president, Ed Tyrie, said legal advice had backed an appeal, but he could not say on what grounds or when documentation would be lodged with the court.
The owner of the Cue Springs Road site, Stanley Pastoral Pty Ltd, had appealed to VCAT after its water mining proposal was rejected by Indigo Shire Council.
VCAT members Michael Wright and Greg Sharpley found the plan to cart 19 megalitres per annum met planning criteria and should proceed with 22 conditions.
They include water being able to be trucked from 7am to 7pm Monday to Saturday, the installation of two 50,000-litre storage tanks on-site and an erosion and sediment control plan.
Mr Tyrie said he felt let down by the approval.
"I'm disappointed at the decision, there are no social, economic or environmental benefits that flow to Stanley or the wider Indigo Shire with the decision," he told The Border Mail.
"I thought we had made a good case and the decision would go our way."
Tim Carey, who owns the affected land, welcomed VCAT's resolution.
"We're pleased with the decision," Mr Carey said.
"It was a comprehensive decision by VCAT.
"They have in effect given us a permit for exactly what we asked for in the first place and what the council planners recommended to the council in the first place.
"We've just wasted two years of time and money."
Mr Carey was unaware of the appeal plan until he was told by The Border Mail on Monday.
"It's the first time I've heard of it, but they're welcome to do what they want," Mr Carey said.
"They've always said they would take legal action.
"I think they're got a bit too much time on their hands, but it will be what it will be."
Under the VCAT conditions, Stanley Pastoral has to start work on the development within two years and have work completed within four years.
Mr Carey stressed there was significant backing for his proposal.
"We had a hell of a lot of support from within the Stanley community, a lot of them did support us making something out of the farm," Mr Carey said.
"Certainly because the objectors were loud did not mean we did not have support."
Mr Tyrie said he believed a big majority of Indigo Shire residents were in his camp.
"I have no doubt of that, I would think support is at well over 90 per cent of the community," Mr Tyrie said.
"Of course there are people that support Tim Carey's position, that's the democracy we live in."
Stanley Pastoral bought the property in April 2013 and water management authority Goulburn Murray Water granted it a licence to annually use 19 megalitres from groundwater in October of that year.