First Peoples, Living Waters: How Treaties Address Indigenous Water Rights

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In Australia, settler state water law is founded on, and reproduces, the injustice of aqua nullius. Just as terra nullius refers to the British interpretation of Australia as ‘nobody’s land’, aqua nullius acknowledges the equally erroneous assumption that Australia’s water belonged to no one (Marshall, 2017). Traditional Owners have resisted the application of this law since British invasion, but have struggled to successfully overturn it. First Peoples, Living Waters creates an opportunity for Traditional Owners from Victoria to learn from the experiences of US Tribes of how a treaty can help (or hinder) water justice. In 2023, representatives from Tati Tati Traditional Owners and Gunditj Mirring Traditional Owner Aboriginal Corporation will travel to meet with Tribes along the Colorado River. We will share stories about relationships with water, and bring home new ideas for how Treaty in Victoria can challenge aqua nullius, reinvigorating Indigenous water laws.