Indigenous Legal Rights to Freshwater: Australia in the
International Context
Melanie Durette
This paper was commissioned by the Indigenous Water Policy Group
(IWPG) which is an initiative created and facilitated by
NAILSMA.
One of the objectives of the IWPG is to engage in research
relating to Indigenous rights, responsibilities and interests in
water resources and this paper forms part of that research.
The paper undertakes a comparative overview of the legal position
of Indigenous people in relation to freshwater rights in four
countries: the United States, Canada, New Zealand, and
Australia. It is organised around four themes of particular
concern to Indigenous people: ownership of water, water rights,
commercial rights, and management rights.
The law in each country in relation to these themes is briefly
canvassed with the aim of comparing the legal position of
Indigenous Australians with their overseas counterparts. This paper
reveals that Indigenous people in the United States, Canada, and
New Zealand benefit from a comparatively advantageous legal
position in relation to their water rights. As such, this research
provides a starting point for debate as it offers insight into how
Indigenous Australians might realise and protect their legal
interests in freshwater.
