The New South Wales Aboriginal Land Council has expressed disappointment at the new inter-government agreement on the Murray-Darling Basin Plan, citing its failure to acknowledge First Nations cultural rights to manage, access or hold ownership of waters in the Basin.
The NSWALC told National Indigenous Times they strongly support efforts to improve the health of waterways and Country in New South Wales, however the new agreement proposes legislative reform to extend the Murray-Darling Basin Plan's deadlines, with no meaningful enshrinement of First Nation's inherent rights to waters in the Water Act 2007.
NSWALC Deputy Chairperson Cr Ross Hampton said: "For First Nations People, water is life and we are its caretakers".
"Aboriginal people have always cared for and continue to nurture our waterways and use water to sustain our spiritual, environmental, cultural, social and economical wellbeing. The physical and spiritual health of Country, including water, reflects the spiritual and physical health of Aboriginal people," he said.
"For decades, Aboriginal rights and interests in our waters have been overlooked at state and federal levels and in the Murray Darling Basin Plan itself."
Announcing the new agreement Minister Tania Plibersek acknowledged the critical nature of the action that must be taken to save the Murray Darling ahead of what experts are anticipating to be a severe drought season.
Minister Plibersek said Australia is facing an "environmental emergency".
"The Murray-Darling pumps life into the heartland of our country. If we don't act now to preserve it, our Basin towns will be unprepared for drought, our native animals will face the threat of extinction, our river ecosystems will risk environmental collapse, and our food and fibre production will be insecure and unsustainable," she said.
"A healthy Basin also means healthy communities. It means a river that families can enjoy, that promotes recreation and tourism, and most importantly that provides clean drinking water to 3 million Australians every day."
To implement the new agreement amendments to the Water Act 2007 and the Basin Plan 2012 are required and will be introduced into Parliament this September.
Of the impending changes, Mr Hampton said the Water Act 2007, the Basin Plan and associated regulations, policies and frameworks must "work to realise the aspirations of Aboriginal people and Local Aboriginal Land Councils in relation to the return of their lands and waters".
Peak Environment Groups in the Basin states have said that the new plan has the potential to move us beyond the unworkable barriers and delay tactics we've seen in the past decade.
However, the groups have warned that the new agreement represents the "bare minimum" and are calling on the Commonwealth to ensure sufficient water is available for wetlands and wildlife during the next drought to avoid severe ecological consequences.
Conservation SA Campaign Co-ordinator Char Nitschke said inland rivers have "already suffered through years of delays".
"Look at the result – the Darling-Baaka running dry, millions of dead fish, and toxic blackwater events because small and medium floods haven't been able to flush out the landscape," she said.
"While the Commonwealth deserves credit for finding a path forward, this isn't a new deal – it's delivering the existing Basin Plan with an extended timeframe."
Nature Conservation Council of NSW Water Campaigner Mel Gray said the previous NSW Government "undermined the Murray-Darling Basin Plan wherever they could".
"Through dodgy accounting practices and 'engineering' solutions that were never going to work, our inland rivers are in a state of crisis," she said.
"NSW has had enough fish kills, and our wetlands are still recovering from the last savage drought. Only real water will get the rivers through the next drought, not dodgy projects and crafty accounting.
"As we enter another period of drought it's critical that this water is delivered as soon as possible, as further delays will devastate people and the environment."
Mr Hampton said NSWALC will continue to campaign for improved water management and involvement of Aboriginal people in water governance.
"We believe there is an important need for better recognition and promotion of the role of Aboriginal people in water management and ownership, including supporting the use of Traditional Ecological Knowledge in river restoration programs," he said.
The NSW ALC have stated that they remain committed to pushing for ongoing water rights, cultural connections and use of the waterways to provide for healthy communities.
The full text of the agreement is available online.