Water Act needs 'major rewrite' to include First Nations rights, advocates say

Giovanni Torre
Giovanni Torre Published September 3, 2026 at 6.00pm (AWST)

With a review of the federal Water Act underway, the Gamilaroi Water Carriers - Elder Traditional Owner women based in Moree, New South Wales - have come together "because the voices of the Northern Basin Aboriginal Community have been taken for granted by government agencies and NGOs for too long".

The group notes their name recognises the special cultural role and relationship Aboriginal women have for their waters and rivers.

On Thursday, the Gamilaroi Water Carriers called out the dispossession of their people from the waterways that occurred from first contact.

"Many massacres happened at these gathering places, even after Aboriginal people in many cases showed pastoralists where they could find water," the group noted.

"Now the rivers themselves are threatened by misuse and mismanagement by corporate agriculture and government authorities. To such an extent that the very viability of the river ecosystems themselves, made worse by the growing risk from climate change."

Gamilaroi Water Carriers spokesperson Polly Cutmore, an Elder from Moree, said the group has put the federal government "on notice that 'Aqua Nullius' cannot stand".

"We want our rights recognised in the Commonwealth Water Act, so that culturally appropriate governance and ownership can be put in place," she said.

The group has made a submission to the review which outlines ways the Articles of the United Nations Declaration on the Rights of Indigenous People, in relation to water and its resources, may be incorporated into the Act.

"This is the pathway to self-determination, a goal embraced by Closing the Gap, that could fund regional governance structures," said Sheila French, an Elder and Traditional Owner of Moree.

"We call for a levy on agricultural exports. This will also fulfill UNDRIP's call for the restitution of the loss of water resources."

Earlier this week, organisations representing more than 100 Nations, Peoples and language groups connected to four of Australia's great free-flowing river regions - the Martuwarra Fitzroy River, the Roper River, the Kati Thanda-Lake Eyre Basin and the Murray-Darling system - united to call on the Australian Government to deliver "a stronger national vision" for water reform through the review of the Water Act, including embedding First Nations rights.

Ms Cutmore noted that the Northern Basin of the Murray Darling is "where most of the water take and export dollars are generated".

"Yet we have been silenced utterly," she said.

"We looked after the rivers for over 50,000 years, that's why they were in good health when the colonists arrived. But no longer. The rivers are dying and the groundwater is being depleted.

"We know how to manage the rivers on this land in a sustainable way, important now climate change is upon us. We look forward to new relationships with government on the basis of mutual respect of our ancient knowledge and custodianship of the country."

The Gamilaroi Water Carriers issued the following demands for "key outcomes for First Nations in the Northern Basin":

• The Act needs to contain a clear statement of intent in the legislation to acknowledge the existence of unceded First Nation water rights.

• The definition of 'Cultural Water' or 'Flows' need to be inserted in the Act, along with the mechanisms needed to identify and deliver this to Basin Nations.

• The Act needs to contain measures to support and build on existing programs for 'cultural water' and Aboriginal owned water holding bodies (as being developed under the AWEP scheme) within the Act. These programs can be expanded under the Basin Plan in subsequent years.

• The Act should facilitate the establishment of self-governing, regionally based, First Nation water councils throughout the Basin.

• All interactions with government need to be undertake on the basis of a shared partnership of equals, adhering to 'free, prior and informed consent'.

• Planning and management of water needs to recognise and promote Aboriginal and Torres Strait Islander Knowledges and Indigenous Science. Legislation and water management should apply Indigenous Cultural and Intellectual Property (ICIP) in all decisions and engagements; and should protect, promote and remunerate ICIP.

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