Recognition of Barkandji water rights in Australian settler-colonial water regimes

Abstract

The passage of the Native Title Act 1993 (Cth) brought with it much anticipation-though in reality, quite limited means-for recognizing and protecting Aboriginal peoples' rights to land and water across Australia. A further decade passed before national and State water policy acknowledged Aboriginal water rights and interests. In 2015, the native title rights of the Barkandji Aboriginal People in the Australian State of New South Wales (NSW) were recognized after an eighteen-year legal case. This legal recognition represents a significant outcome for the Barkandji People because water and, more specifically, the Darling River, or Barka, is central to their existence. However, the Barkandji c..