Indigenous Water Rights In Law And Regulation

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.

Considers aboriginal title to water, Indian water rights, the extent to which aboriginal water rights have been validly regulated or abrogated by legislation and examines the manner in which contemporary agreements have provided for aboriginal water rights.

"The report, 'Make It Safe: Canada's Obligation to End the First Nations Water Crisis,' documents the impacts of serious and prolonged drinking water and sanitation problems for thousands of indigenous people--known as "First Nations"--living on reserves. It assesses why there are problems with safe water and sanitation on reserves, including a lack of binding water quality regulations, erratic and insufficient funding, faulty or sub-standard infrastructure, and degraded source waters. The federal government's own audits over two decades show a pattern of overpromising and underperforming on water and sanitation for reserves"--Publisher's description.

Indigenous research is an important and burgeoning field of study. With the Truth and Reconciliation Commission’s call for the Indigenization of higher education and growing interest within academic institutions, scholars are exploring research methodologies that are centred in or emerge from Indigenous worldviews, epistemologies, and ontology. This new edited collection moves beyond asking what Indigenous research is and examines how Indigenous approaches to research are carried out in practice. Contributors share their personal experiences of conducting Indigenous research within the academy in collaboration with their communities and with guidance from Elders and other traditional knowledge keepers. Their stories are linked to current discussions and debates, and their unique journeys reflect the diversity of Indigenous languages, knowledges, and approaches to inquiry. Indigenous Research: Theories, Practices, and Relationships is essential reading for students in Indigenous studies programs, as well as for those studying research methodology in education, health sociology, anthropology, and history. It offers vital and timely guidance on the use of Indigenous research methods as a movement toward reconciliation.

Provocative, passionate and populist, RMB Manifestos are short and concise non-fiction books of literary, critical, and cultural studies. First Nations are facing some of the worst water crises in Canada and throughout North America. Their widespread lack of access to safe drinking water receives ongoing national media attention, and yet progress addressing the causes of the problem is painfully slow. First Nations have had little say in how their waters are, or are not, protected. They have been excluded from many important decisions, as provinces operate under the view that they own the water resources within provincial boundaries, and the federal government takes a hands-off approach. The demands for access to waters that First Nations depend upon are intense and growing. Oil and gas, mining, ranching, farming and hydro-development all require enormous quantities of water, and each brings its own set of negative impacts to the rivers, lakes and groundwater sources that are critical to First Nations. Climate change threatens to make matters even worse. Over the last 30 years, the courts have clarified that First Nations have numerous rights to land and resources, including the right to be involved in decision-making. This book is a call to respect the water rights of First Nations, and through this create a new water ethic in Canada and beyond.

In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Drinking water provides an efficient source for the spread of gastrointestinal microbial pathogens capable of causing serious human disease. The massive death toll and burden of disease worldwide caused by unsafe drinking water is a compelling reason to value the privilege of having safe drinking water delivered to individual homes. On rare occasions, that privilege has been undermined in affluent nations by waterborne disease outbreaks traced to the water supply. Using the rich and detailed perspectives offered by the evidence and reports from the Canadian public inquiries into the Walkerton (2000) and North Battleford (2001) outbreaks to develop templates for understanding their key dimensions, over 60 waterborne outbreaks from 15 affluent countries over the past 30 years are explored as individual case studies. Recurring themes and patterns are revealed and the critical human dimensions are highlighted suggesting insights for more effective and more individualized preventive strategies, personnel training, management, and regulatory control. Safe Drinking Water aims to raise understanding and awareness of those factors that have most commonly contributed to or caused drinking-water-transmitted disease outbreaks - essentially a case-history analysis within the multi-barrier framework. It contains detailed analysis of the failures underlying drinking-water-transmitted disease epidemics that have been documented in the open literature, by public inquiry, in investigation reports, in surveillance databases and other reliable information sources. The book adopts a theme of 'converting hindsight into foresight', to inform drinking-water and health professionals including operators, managers, engineers, chemists and microbiologists, regulators, as well as undergraduates and graduates at specialty level. Key Features: Contains details and perspectives of major outbreaks not widely known or understood beyond those directly involved in the investigations. Technical and scientific background associated with case studies is offered in an accessible summary form. Does not require specialist training or experience to comprehend the details of the numerous outbreaks reviewed. By providing a broad-spectrum review using a consistent approach, several key recurring themes are revealed that offer insights for developing localized, tailor-made prevention strategies.

Aboriginal peoples in Australia have the oldest living cultures in the world. From 1788 the British colonisation of Australia marginalised Aboriginal communities from land and water resources and their traditional rights and interests. More recently, the national water reforms further disenfranchised Aboriginal communities from their property rights in water, continuing to embed severe disadvantage. Overturning aqua nullius aims to cultivate a new understanding of Aboriginal water rights and interests in the context of Aboriginal water concepts and water policy development in Australia. In this award-winning work, Dr Marshall argues that Aboriginal water rights require legal recognition as property rights, and that water access and water infrastructure are integral to successful economic enterprise in Aboriginal communities. Aboriginal peoples social, cultural and economic certainty rests on their right to control and manage customary water. Drawing on the United Nations Declaration on the Rights of Indigenous Peoples, Marshall argues that the reservation of Aboriginal water rights needs to be prioritised above the water rights and interests of other groups. It is only then that we can sweep away the injustice of aqua nullius and provide the first Australians with full recognition and status of their water rights and interests.