The Kimberley Land Council and Traditional Owner Water Working Group say they are "underwhelmed" by the WA government's draft plan for managing the Fitzroy River catchment and the Derby Peninsula, which was released for public consultation on Wednesday.
'A missed opportunity' for all
The KLC issued a statement on behalf of the Working Group following the release of the Consultation draft - Fitzroy-Derby water resources management plan: policy and guidance, noting the two organisations "have engaged in good faith with the Minister for Water and the Department of Water and Environmental Regulation over the past year to provide recommendations for water planning in the Kimberley".
"After significant effort to present opportunities to government, we are underwhelmed by an outcome that undervalues the role of Traditional Owners and remains constrained by outdated legislation in urgent need of reform," the group said.
"While we cautiously welcome some aspects of the draft plan, such as a more precautionary allocation limit and expectations for license applicants to engage with Traditional Owners, these measures do not go far enough. They do not address the fundamental issues at stake: the protection of Country, the recognition of our rights and responsibilities, and the need for genuine shared decision-making.
"This is a missed opportunity, not only for Traditional Owners, but for government, industry and the long-term future of the Kimberley."
The WA government described the draft plan release for public consultation as "outlining a clear, science-based framework" bringing together "years of hydrogeological and environmental studies, along with extensive consultation with stakeholders and Traditional Owners".
"The proposal delivers on an election commitment to protect the Fitzroy River while supporting sustainable economic opportunities for Kimberley communities, environmental priorities and pastoral interests."
Government flags creating a Water Advisory Committee 'to support long‑term involvement of all stakeholders'
The WA government said the draft plan prioritises safeguarding the river's cultural and ecological values while enabling sustainable regional growth.
The government is also suggesting a Water Advisory Committee to "support long‑term involvement of all stakeholders in water planning and management".
Kimberley MLA Divina D'Anna noted that the region "is a unique place, shaped by its people and cultures" and said the draft plan "recognises those values and supports responsible, community-focused development".
"The consultation period is an important opportunity for people across the Kimberley to contribute their views and participate in decisions made in our region," she said.
"It is especially important that Aboriginal voices are heard, given their deep cultural connection to water and Country and their knowledge and cultural perspectives that are essential in shaping respectful and sustainable outcomes."
'Without healthy river and groundwater systems, there is no sustainable future'
The Kimberley Land Council noted that protecting water resources is not at odds with economic development; rather it is "the foundation of sustainable industries, including agriculture, tourism, Aboriginal enterprises, and emerging water-dependent opportunities".
"Without healthy river and groundwater systems, there is no sustainable future," they said.
"We entered this process with a willingness to provide genuine and practical recommendations and we expected meaningful progress toward a long-term partnership with government. Instead, this draft plan reflects a continuation of business-as-usual approaches that are already failing.
"The findings of the Auditor General make clear that the current licensing and monitoring system cannot be relied upon to protect Country. This reinforces what we have consistently said: a genuine partnership approach to water governance in the Kimberley is urgently needed.
"Groundwater extraction threatens the long-term health of the Martuwarra Fitzroy River catchment, particularly during the dry season when groundwater sustains critical ecosystems."
We must 'act together, as equals' to uphold water security
The KLC said that at a time of increasing environmental uncertainty, water security is "essential to ecological health, economic stability and community wellbeing".
"Traditional Owners have cared for Country in the Kimberley for tens of thousands of years and hold deep, continuous knowledge of river systems, groundwater, and surrounding landscapes. Strengthening our role in governance is not only a matter of justice, but a practical and necessary response to the risks identified by the Auditor General," the Council said.
"Country is telling us that conditions are changing. The response must be to act together, as equals. We are calling for a clear commitment from government to reform water laws and address the structural barriers that continue to exclude Traditional Owners from decision-making."
WA Water and Climate Resilience Minister Don Punch, who is also the state's minister for Aboriginal Affairs, said the release of the draft plan marks "an important step in giving Kimberley communities certainty about how their water resources will be managed and delivers on our election commitment to protect the Fitzroy River".
"Traditional Owners have played a central role in shaping this draft plan, and their knowledge will remain vital as we finalise a sustainable water future for the region. I thank them for their guidance and commitment to the planning process.
"I encourage everyone to provide feedback on how the plan balances cultural, environmental and economic needs. Community insight is essential to building a resilient, long‑term water strategy for the Kimberley."
Public consultation for three months in the Kimberley region and Boorloo/Perth
The draft plan is open for public consultation for three months through online and in‑person submissions. Community information sessions will be held in Boorloo/Perth, Broome, Derby, Halls Creek and Fitzroy Crossing, alongside - the government said - "continued engagement with Traditional Owners, local stakeholders and industry". More information is available online.
'We risk repeating the same failures that have brought us to this point'
The KLC said genuine partnership must move beyond consultation to shared authority, drawing on Traditional Owner knowledge to protect and manage water for future generations.
"This is a watershed moment. Traditional Owners seek to participate in and lead economic development, but it must be grounded in the values of the Kimberley and the protection of Country," the Council said.
"This balance cannot be achieved through one-sided processes or outdated systems. A new model is needed; one built on respect, equity and collaboration.
"Without this shift, we risk repeating the same failures that have brought us to this point."
The KLC said the Traditional Owner Water Working Group remains committed to the work, but noted "meaningful progress" now depends on the WA government "demonstrating leadership through structural reform, genuine partnership and a shared commitment to protecting the Kimberley's water for generations to come".
