Living Waters, Law First: Nyikina and Mangala water governance in the Kimberley, Western Australia

• Published in: Australasian Journal of Water Resources
• Main Authors: RiverOfLife, Martuwarra, Taylor, Kat, Poelina, Anne
• Format: Article in Journal/Newspaper
• Language: English
• Published: Engineers Media Pty Ltd 2023
• Subjects: First Law; Living Waters; First Nations; Indigenous; well- being; water governance
• Online Access: http://hdl.handle.net/1885/287440; https://doi.org/10.1080/13241583.2021.1880538; https://openresearch-repository.anu.edu.au/bitstream/1885/287440/3/Living%20Waters%20Law%20First%20Nyikina.pdf.jpg

The ‘Living Waters, Law First’ water governance framework centres Living Waters, First Law and the health/well-being of people and Country. The framework is based on a groundwater policy position developed by the Walalakoo Aboriginal Corporation (WAC), the Nyikina and Mangala peoples’ native title corporation, in the West Kimberley, Western Australia in 2018. This article celebrates Traditional Owner’s pragmatic decolonising strategies. It explores the emerging conceptual challenges to the status quo by comparing the Living Waters, First Law framework to Australia’s settler state water governance framework, represented by the National Water Initiative. Bacchi’s ‘what is the problem represented to be’ approach is used to interrogate the underlying assumptions and logics (2009). We find that there are incommensurable differences with First Law and the Australian water reform agenda. Yet, our analysis also suggests ‘bridges’ in relation to sustainability, benefits and responsibilities could promote dialogues towards decolonial water futures. This research is supported by Australian Government Research Training Program (RTP) Scholarships, the Australian Research Council Australian Laureate Fellowship FL190100164, 'Water Justice: Indigenous Water Valuation and Resilient Decision-making' and the Australian National University Water Justice Hub