23 December, 2025
australia-s-groundwater-management-a-legacy-of-aqua-nullius-and-indigenous-exclusion

Indigenous Australians have coexisted with the continent’s ancient groundwater systems for millennia, possessing an intricate understanding of these vital resources. Despite this, the myth of ‘aqua nullius’—the concept that water belonged to no one before European settlement—continues to influence Australia’s approach to groundwater management. This oversight not only perpetuates colonial injustices but also jeopardizes sustainable water management as climate change and population growth intensify pressures on these resources.

Groundwater, formed when rain seeps into the earth, can remain underground for varying periods, from mere months to millions of years. It eventually nourishes plants or flows into springs, rivers, and oceans. These resources are crucial for Australia’s economic growth, yet they face unprecedented pressure. Recent legal battles in the Northern Territory over water extraction licenses underscore the rapid decision-making processes that often exclude Indigenous perspectives.

Indigenous Knowledge and Colonial Legacy

Indigenous knowledge systems, developed over thousands of years, include sophisticated methods of groundwater monitoring, such as observing spring behavior and soil moisture, as well as animal and vegetation cues. Despite this, Australia’s colonial expansion leveraged Indigenous water knowledge primarily for economic and agricultural gains, often at the expense of Indigenous peoples’ rights to water, food, and cultural practices.

The notion of ‘aqua nullius’ remains embedded in contemporary groundwater science, sidelining Indigenous expertise. According to a recent paper, the prevailing “business as usual” approach risks perpetuating these colonial legacies and undermines efforts to manage water sustainably.

Indigenous Voices and Water Management

For too long, Indigenous perspectives on groundwater have been marginalized. Indigenous communities, who have stewarded these waters for tens of thousands of years, often bear the brunt of groundwater depletion or contamination. Yet, they wield little influence over development decisions that exacerbate these pressures.

Western scientific approaches dominate decision-making processes, often dismissing Indigenous insights. When Indigenous perspectives are considered, they frequently encounter resistance from industry stakeholders, who expect government prioritization of economic development. This dynamic exacerbates existing inequalities in water access, with many Aboriginal communities still grappling with water insecurity.

Legal and Cultural Implications

In 2009, Australia endorsed the United Nations Declaration on the Rights of Indigenous Peoples, which includes the right to maintain relationships with traditional lands and waters. However, current groundwater management practices often fail to uphold these rights. Over-extraction has led to the drying up of springs—sites of cultural and spiritual significance—causing both environmental and cultural harm with lasting intergenerational impacts.

Article 25 of the UN Declaration states: “Indigenous Peoples have the right to maintain their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters, and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.”

Despite this, most states and territories only require “consultation” with Indigenous peoples, rather than obtaining their consent for projects impacting water resources.

Pathways to Inclusive Water Management

Achieving better outcomes necessitates a genuine effort by the colonial settler community to understand and integrate Indigenous knowledge into groundwater science and management. This requires dismantling colonial legacies through partnerships between government agencies, regulatory authorities, water scientists, and Aboriginal communities. Building these relationships should be grounded in respect, reciprocity, and a commitment to viewing Country as a living relative.

This process is time-consuming and may not align with existing approval mechanisms, creating tension between current practices and best-practice engagement with Indigenous communities. While some governments and companies are working towards improving these relationships, systemic changes in groundwater management are not yet mandated.

Looking Forward: A Collaborative Future

To protect Australia’s precious water resources for future generations, a holistic approach that weaves together Western and Indigenous perspectives is essential. This vision entails embedding Indigenous laws, sciences, and decision-making authority into water governance, ensuring both people and Country can thrive.

“We must work together for a better future so our precious water is protected, not just for the next 50 years but for the next 5,000,” advocates a recent study on groundwater management.

By recognizing and integrating the profound knowledge of Indigenous Australians, the nation can move towards a more equitable and sustainable management of its groundwater resources, ensuring their preservation for generations to come.