Chapter Eight - Indigenous Water Rights in Comparative Law: Jurisdiction and Distribution

Summary

In Chapters 8 and 9 I bring together the findings from the comparative country studies to generalise some observations about the current state of, and potential for, indigenous water rights in state law. I argue that governments must finally address historical water injustice, and respond to the exclusion indigenous people have experienced, and continue to experience, from water law frameworks. I argue that this cannot be done, if indigenous peoples lack either the jurisdiction to exercise authority and influence over water management and governance in their territories, or a fair distribution of substantive rights to use water under legal and policy frameworks. I conclude the book with a reflection on how a more complete response to indigenous water injustice might look.