CULTURAL WATER FOR CULTURAL ECONOMIES AUTHORS Dr Erin O’Donnell, Professor Lee Godden and Dr Katie O’Bryan. Final report of the The authors acknowledge the First Nations and Traditional Owners of Victoria Accessing water to meet Aboriginal economic and their elders past, present and emerging. First Nations and Traditional development needs Project. Published by Owners hold the knowledge, stories, custodial obligations and cultural University of Melbourne, 2021. knowledge that have always ensured the health of waterways and river Country. Each Nation and Traditional Owner group holds the cultural authority to speak for water, rivers and river Country within their traditional region. The Echuca Declaration states that ‘the Crown, Colonies, Commonwealth and States of Australia have been negligent in the management of the lands and waters of the Indigenous Nations causing ecosystem collapse, severe water quality degradation, extreme stress upon river ecologies and species extinction PROJECT PARTNERS at a scale and rate which is unprecedented.’ This negligence has brought ‘gross and widespread detriment to the cultural economy of the Indigenous Nations and degradation of significant landscapes and sites of spiritual and cultural importance’. We recognise that participation by First Nations and Traditional Owners in this project should not be taken as implying that any First Nation or Traditional Owner has approved of or authorised the settler-colonial water regime that has been imposed on their Country. This is the final report prepared for the Accessing Water to meet Aboriginal Economic Development Needs project (Program 1) and reflects the insights and key messages shared by Traditional Owners throughout Victoria during workshops and meetings throughout 2018-2020. We gratefully acknowledge the time, energy and expertise of First Nations and Traditional Owners who participated and we also acknowledge that this paper does not speak for any Nations or Traditional Owners, and some of the options presented may not be appropriate or acceptable to all Traditional Owners. PARTICIPATING TRADITIONAL OWNERS AND FIRST NATIONS ORGANISATIONS The nature of the responses provided by participating Nations and Traditional Owners for this project are limited by the compartmentalised nature of the Barapa Barapa Nation water management regime and by limited resources and constrained access to Country. The detail, depth and complexity of Nations’ and Traditional Owners’ Barapa Wamba Water for Country Steering Committee localised water-related objectives and interests cannot be conveyed in this Barengi Gadjin Land Council report alone. Water holders and water management agencies must continue to Bunurong Land Council Aboriginal Corporation strengthen engagement with all First Nations and Traditional Owners to support DELWP Aboriginal Water Officers Network them to articulate objectives for water management and shape water planning in a way that supports self-determination. Dalka Warra Mittung Aboriginal Corporation Dja Dja Wurrung Clans Aboriginal Corporation We are also grateful for the feedback we have received on this report, including that from participating Traditional Owners, as well as the Murray Lower Darling First People of the Millewa-Mallee Aboriginal Corporation Rivers Indigenous Nations (MLDRIN), and the Federation of Victorian Traditional Gunaikurnai Land and Waters Aboriginal Corporation Owner Corporations (FVTOC). Gunditj Mirring Traditional Owners Aboriginal Corporation Jaithamathang Nation Latji Latji Mumthelang Aboriginal Corporation Important disclaimer: This report identifies a range of options for First Ngintait Nation Nations and Traditional Owners in Victoria to hold and manage water rights. Tati Tati Wadi Wadi Nations It is not legal advice. Each Traditional Owner group should seek legal Taungurung Land and Waters Council advice on the precise legal arrangements which will meet their needs as part of developing their own business plans, including the requisite funding Wadi Wadi Land and Water Indigenous Corporation mechanisms (if applicable) and the possible need for regulatory reform to Wamba Wamba Traditional Owners support desired actions and outcomes. Wurundjeri Woi Wurrung Cultural Heritage Aboriginal Corporation Yorta Yorta Nation Aboriginal Corporation CONTENTS 1. INTRODUCTION 1.1 Water justice and cultural flows 1.2 Sovereignty and self-determination 1.3 Project overview 2. KEY PRINCIPLES: SELF-DETERMINATION, HEALTHY COUNTRY AND HEALTHY MOB 2.1 Sovereignty and self-determination 2.2 Healthy Country 2.3 Healthy mob 3. CULTURAL WATER FOR CULTURAL ECONOMIES 4. PATHWAYS TO WATER ACCESS 4.1 Increased use of existing water rights 4.2 Unallocated water 4.3 Water reallocation 4.3.1 Water purchase 4.3.2 ‘Under-utilised’ water 4.4 Treated, fit-for-purpose recycled water 4.5 Major barriers 4.5.1 Funding 4.5.2 Land access 4.5.3 Entitlement reform 4.6 Lessons from other states 5. SOUTHERN VICTORIA: WATER ACCESS OPPORTUNITIES FOR TRADITIONAL OWNERS 5.1 Unallocated water in the south-east and south-west 5.2 ‘Under-utilised’ water on the Birrarung 5.3 Substitution and recycled water 5.4 Water purchase 5.5 Water governance 6. NORTHERN VICTORIA: WATER ACCESS OPPORTUNITIES FOR TRADITIONAL OWNERS 6.1 Unallocated groundwater 6.2 Water purchase and donation 6.3 Melbourne’s water entitlements in Eildon and Hume 6.4 Water governance 7. REALISING THE OPPORTUNITIES 7.1 Avenues for reform 7.2 Engagement in the future 8. APPENDIX 9. REFERENCES It’s our umbilical cord, it’s our lifeline. We need our trees to 1. INTRODUCTION be green, not dying. Country is looking different, you can see the water is not there. Traditional Owner, Stage 6 workshop, 2020 Traditional Owners and First Nations assert that their rights to water, like rights to land, have never been ceded (Gilbert, 2015; Marshall, 2017). Nations continue to assert their inherent rights and responsibility to care for and manage Country. Water is a living being The ongoing processes of colonisation (invasion, not recognise Traditional Owners and First Nations and should be treated to Traditional Owners and First Nations) deprives as key decision-makers for water. Many groups accordingly. Many of Aboriginal people of their enjoyment of their inherent have expressed that the existing water entitlement rights to water (Echuca Declaration, 2010). In the framework is fundamentally at odds with Traditional our ancestral beings Murray-Darling Basin portion of NSW, Aboriginal Owners’ and First Nations’ laws and customs. This are created by and people own 0.2% of water access entitlements and project has identified three opportunities for water live in water. water licences, despite being almost 10% of the reform: (1) pathways to water under the existing Echuca Declaration, population (Hartwig et al., 2020). Complete data has water entitlement framework in Victoria; (2) specific 2010 not yet been assembled in Victoria, but evidence reforms to address barriers in the short term; suggests that the situation is likely even worse and (3) transformative reforms that may begin to (Altman and Arthur, 2009). More fundamentally, reconcile these foundational differences. Traditional Owners and First Nations say that: This project has identified key pathways to water all water is Aboriginal water. access for, as well as the significant barriers to, First Nations Peoples have rights and a moral Traditional Owner, Stage 4 workshop, 2020 the use of water by Traditional Owners and First obligation to care for water under their law Nations. Increasing water access for Traditional and customs. These obligations connect Addressing this injustice will require the recovery Owners and First Nations requires full support from the state government, consistent with its across communities and language groups, of water rights for ownership and use by Traditional Owners and First Nations, and removing the commitment to self-determination (Victorian extending to downstream communities, barriers to water use and water management in Aboriginal Affairs Framework 2018–2023). Any throughout catchments and over connected accordance with Traditional Owners and First water rights and water management responsibilities aquifer and groundwater systems. Nations’ laws and customs. Such barriers include handed back to Traditional Owners and First Nations National Cultural Flows Research Project, 2018 the cost of acquiring and holding water rights, should also be supported by funding commitments inability to access land on which to use water, and that ensure Traditional Owners and First Nations water planning and management processes that do receive genuine water justice. Pareeyt poondee-teeyt [water is life]. Gunditj Mirring Traditional Owner Corporation, 2019 This project has identified key pathways to water access for, as well as the significant barriers to, the use of water We see our land (Wurruk) waters (Yarnda), air (Watpootjan) and every living thing as one. All things by Traditional Owners and First Nations. come from Wurruk, Yarnda and Watpootjan and they are the spiritual life-giving resource, providing us with resources and forming the basis of our cultural practices. We have a cultural responsibility to ensure that all of it is looked after Gunaikurnai Land and Waters Aboriginal Corporation, 2015. 6 7 1.1 WATER JUSTICE AND CULTURAL 1) Water rights: Traditional Owners gain access to WATER FOR TRADITIONAL OWNERS: FLOWS rights to water within the current law and policy settings (including law reform to address key A VICTORIAN