The irrigators are claiming negligent management of the basin which resulted in them being deprived of irrigation allocations in 2017 and 2018.
The action was launched in 2019 with just nine irrigators and now close to 1000 have joined.
In a decision handed down last week, the judge hearing the case has ruled that the M-DBA and the Commonwealth are open to be sued.
Barooga farmer and litigant Chris Brooks said the judge's decision was a significant step in the action.
Mr Brooks said the farmers were taking the action because they had exhausted other avenues of negotiation with the M-DBA.
“When someone doesn't come to the table then taking legal action is the only option.”
In her decision, delivered on April 13, Judge Adamson said she was persuaded that the M-DBA and the Commonwealth did not fall within definition in the Civil Liability Act and as a result the defence advanced by the defendants would be struck out.
The farmer plaintiffs allege that the authority or its delegates owed them a duty of care which it breached by releasing water from the Menindee Lakes and the Hume and Dartmouth Dams to effect overbank transfers through the Barmah-Millewa Forest between October 2017 and December 2017 and September 2018 to January 2019.
The Commonwealth is a party to the proceedings because it has some liability for delegated powers under the Water Act.
An M-DBA spokesperson said the matter relates to releases from Menindee Lakes in 2016-2017 and releases of water through the Barmah Millewa Forest to meet system demands in 2017-2018 and 2018-2019.
“The M-DBA firmly holds that the management of the River Murray System has at all times been in accordance with the requirements of Basin governments under the Murray-Darling Basin Agreement.”
The Sydney-based law company, Banton Group, is instructing in the action.
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