Modern Australian
Men's Weekly

.

Deal on Murray Darling Basin Plan could make history for Indigenous water rights

  • Written by Sue Jackson, Professor, ARC Future Fellow, Griffith University

On Monday night the Labor Party agreed to a federal government policy package intended to ensure the survival of the Murray-Darling Basin Plan.

The proposed amendments to the plan, and the complex technical details of water allocation, have been heavily scrutinised as a politically intriguing development in the long-standing contest between allocating water for the environment or for irrigation.

What is less appreciated is that, if implemented, the bipartisan commitment may do more to advance the water rights of Aboriginal peoples in the Murray-Darling Basin than any other government initiative in the history of the region.

Read more: We need more than just extra water to save the Murray-Darling Basin

Long-overdue measures

Traditional owners of the Murray-Darling Basin have been told for too long that there is no water left for their needs. Our research estimated that Indigenous-specific water entitlements comprise much less than 1% of Australian water allocations.

The agreed measures include A$40 million for Aboriginal communities to invest in water entitlements for both economic and cultural purposes, a A$20 million economic development fund to benefit Aboriginal groups most affected by the basin plan, and A$1.5 million to support Aboriginal waterway assessments.

State water resource plans in the northern basin will be expected to provide water entitlements for Aboriginal groups. Environmental water programs will be open to Aboriginal participation, address Aboriginal values, and offer job opportunities in restoration projects.

Read more: Millions of rotting fish: turtles and crays can save us from Carpageddon

Additionally, more support will be provided for the two representative Aboriginal water alliances, the Murray Lower Darling Rivers Indigenous Nations and the Northern Basin Aboriginal Nations. They have been struggling to have their claims for water rights heard amid the more influential concerns of the irrigation, environmental and scientific sectors.

These social justice measures are long overdue. Aboriginal rights are a blind spot in the country’s water governance arrangements and in its broader relationship with Indigenous peoples.

A history of dispossession

Australia’s pattern of inequitable distribution been entrenched at each juncture of water law reform: when rights to the use and control of water were vested in the Crown in the late 1800s, and again in the 1990s when Australian governments moved to establish a water market, without considering the implications for Indigenous peoples.

National water policy didn’t recognise Indigenous water rights until 2004 – a full decade after the Mabo High Court decision and the Native Title Act 1993.

The National Water Initiative requires that Indigenous water needs are addressed, but the reality falls short. Until now little serious attention has been given to securing Indigenous access to commercially valuable water entitlements.

As a result, Indigenous people have been largely excluded from the benefits of government agreements that have created tradable entitlements and environmental allocations. A combination of narrow interpretations of customary rights to water, long delays around native title claims, discretionary terminology in the national policy, and the contentious nature of allocating water to “new” water users in the stressed Murray Darling Basin has precluded Indigenous access.

Read more: 'Tax returns for water': satellite-audited statements can save the Murray-Darling

With many parts of the basin fully allocated to water users with a history of access and entitlement, Indigenous communities in these regions remain greatly constrained in their ability to shape the use and management of water.

Since 2004, numerous government reviews and reports have noted that water plans, among other shortcomings, are failing to achieve Indigenous objectives. A 2017 Productivity Commission review referred to the needs of Indigenous peoples as the “unfinished business” of water reform. It shied away from recommending strong reallocation measures, however, on the premise that water for Indigenous commercial purposes “is separate from the provision of water for cultural purposes and is not addressed in the NWI”.

Deal on Murray Darling Basin Plan could make history for Indigenous water rights Members of the Waywurru Nation, with others, at the junction of the Ovens and King rivers, Victoria. Photo by MDBA

Indigenous Australians see clear connections between the past and present in accounting for the skewed distribution of entitlements and for the lack of control they are able to assert over water management.

Throughout the recent reform era Indigenous organisations and academics have recommended reallocation measures, such as a water trust facility, buy-backs or special purpose licences, but these have not occurred on any meaningful scale.

For example, the NSW Aboriginal Land Council put forward a proposal for a water trust when NSW reformed its water law in 2000. This would have allowed Aboriginal people to participate in the water market and allocate water to meet self-determined objectives. The proposal included a small levy on water trades to support costs, but it was not supported.

According to Indigenous lawyer Tony McAvoy, the government considered expenditure of this magnitude to be “reckless”. The water market was still developing and thought to be too volatile.

Environmental degradation has also eroded the capacity of the basin’s river systems to meet the needs of Indigenous people. Although many, including traditional owner groups, are gravely concerned about the environmental consequences of the bipartisan agreement, if implemented in full, it will represent a significant step towards water rights restitution in the Murray-Darling Basin.

Read more: It will take decades, but the Murray Darling Basin Plan is delivering environmental improvements

It is hoped that the experience of restoring some measure of water justice to the many Aboriginal nations of the basin will inspire Australian parliaments to pursue similar reforms for the benefit of Indigenous communities in the rest of the country.

Authors: Sue Jackson, Professor, ARC Future Fellow, Griffith University

Read more http://theconversation.com/deal-on-murray-darling-basin-plan-could-make-history-for-indigenous-water-rights-96264

Comfort and Style with Ceiling Fans Perth

While air conditioning is common, it is not always the most cost-effective or sustainable solution, particularly during long hot summers. For homeow...

How Professional Air Conditioning Services Improve Comfort and Efficiency

Air conditioning has become a fundamental part of homes and businesses, providing relief from sweltering summers and keeping interiors warm in winte...

The Value of Professional Rubbish Removal Services

From everyday waste to bulky items like furniture and appliances, finding the right way to dispose of rubbish is not always straightforward. This is...

Why Ugly Websites Sometimes Outperform Beautiful Ones

In the digital age, we're constantly told that first impressions matter, and nowhere does this seem more apparent than in web design. However, a cur...

TPD Claims & Super: What Does It All Mean?

Many Australians hear the term "TPD" in relation to their superannuation and feel completely lost. If you're scratching your head, wondering what it...

What Does Breastfeeding Feel Like? A Guide for New Moms

Frequently, numerous new mothers wonder, "What does breastfeeding feel like?" The feeling is different for each individual - a few describe it as a ...

Best Nail Care Routine for Frequent Nail Polish Wearers

For many people, nail polish is more than a beauty statement – it’s part of their everyday routine. Whether you love bold colours, chic neutrals...

Reinventing Research: How E-Libraries Are Changing Education Forever

A New Chapter for Learning For centuries libraries stood as temples of knowledge filled with shelves that smelled of dust and paper. Today the same...

Psychologists Explore Gestalt Vs Schema Therapy for PTSD Treatment

Recent research has revealed that in 2022, 1 in 9 Australians experienced post-traumatic stress disorder (PTSD). For some, this can significantly im...

Beyond Sunscreen: Building a Sun-Smart Culture in Modern Australia

Australia’s sun-soaked lifestyle is a defining part of its national identity. From beaches and sports fields to weekend barbecues and bushwalks, t...

What is Power BI & Why Should Your Business Use It?

In today's data-driven world, businesses are constantly searching for ways to gain a competitive edge. One tool that has emerged as a game-changer i...

From Service to Strength: How Aussie Veterans Are Rebuilding Their Lives with Everyday Support

Life after military service can bring new challenges. From physical limitations to mental health hurdles, many Australian veterans find everyday hou...

The Best Times of Year to Buy a Caravan

If you're shopping for caravans for sale, timing matters almost as much as the layout and features you desire. The calendar shapes price, stock and ...

The Growing Demand for Smart Living Through Home Automation

Technology has reshaped how we communicate, work, and travel—but now, it’s also changing the way we live at home. The rise of home automation i...

Beyond Clicks and Likes: Why Many Small Businesses in Australia Still Aren’t Leveraging Digital Marketing in 2025

Introduction In 2025, online marketing has become the driving force behind business growth for companies of all sizes. Yet, despite its proven effect...

Lighting Shop Perth: Your Comprehensive Guide to Choosing the Right Lighting Solutions

Lighting is a fundamental element in defining the ambiance, functionality, and aesthetic appeal of any space. Whether you are renovating your home, ...

Private Booze Cruisers – The New Must-Have Toy for Cashed Up Millennials

Did you hear that your 30s are the new 20s? We’ve finally rocked up that adult money and now it’s time to play with it. I was going for a walk ...

Grinding & Jaw Soreness: Signs You Might Need Night Guards and How We Protect Enamel

Waking with a tight jaw, tender muscles, or a dull temple headache is more than a bad night’s sleep. Many Australians grind or clench their teeth ...