Traditional Owner Water Working Group Statement following the release of the Fitzroy–Derby Draft Water Allocation Plan
The Traditional Owner Water Working Group and the Kimberley Land Council have engaged in good faith with theMinister for Water and the Department of Water and Environmental Regulation (DWER) over the past year to provide recommendations for water planning in the Kimberley.
Gooniyandi man Claude Carter presented his artwork ‘Holy Water’ to Minister Don Punch alongside Traditional Owner Working group members in October 2025.
After significant effort to present opportunities to government, we are underwhelmed by an outcome that undervalues the role of Traditional Owners and remains constrained by outdated legislation in urgent need of reform.
While we cautiously welcome some aspects of the draft plan, such as a more precautionary allocation limit and expectations for license applicants to engage with Traditional Owners, these measures do not go far enough. They do not address the fundamental issues at stake: the protection of Country, the recognition of our rights and responsibilities, and the need for genuine shared decision-making.
This is a missed opportunity, not only for Traditional Owners, but for government, industry and the long-term future of the Kimberley. Protecting water resources is not at odds with economic development; it is the foundation of sustainable industries, including agriculture, tourism, Aboriginal enterprises, and emerging water-dependent opportunities. Without healthy river and groundwater systems, there is no sustainable future.
We entered this process with a willingness to provide genuine and practical recommendations and we expected meaningful progress toward a long-term partnership with government. Instead, this draft plan reflects a continuation of business-as-usual approaches that are already failing.
The findings of the Auditor General make clear that the current licensing and monitoring system cannot be relied upon to protect Country. This reinforces what we have consistently said: a genuine partnership approach to water governance in the Kimberley is urgently needed.
Groundwater extraction threatens the long-term health of the Martuwarra Fitzroy River catchment, particularly during the dry season when groundwater sustains critical ecosystems. At a time of increasing environmental uncertainty, water security is essential to ecological health, economic stability and community wellbeing.
Traditional Owners have cared for Country in the Kimberley for tens of thousands of years and hold deep, continuous knowledge of river systems, groundwater, and surrounding landscapes. Strengthening our role in governance is not only a matter of justice, but a practical and necessary response to the risks identified by the Auditor General.
Country is telling us that conditions are changing. The response must be to act together, as equals.
We are calling for a clear commitment from government to reform water laws and address the structural barriers that continue to exclude Traditional Owners from decision-making. Genuine partnership must move beyond consultation to shared authority, drawing on Traditional Owner knowledge to protect and manage water for future generations.
This is a watershed moment. Traditional Owners seek to participate in and lead economic development, but it must be grounded in the values of the Kimberley and the protection of Country. This balance cannot be achieved through one-sided processes or outdated systems.
A new model is needed, one built on respect, equity and collaboration. Without this shift, we risk repeating the same failures that have brought us to this point.
The Traditional Owner Water Working Group remains committed to this work. But meaningful progress now depends on government demonstrating leadership through structural reform, genuine partnership and a shared commitment to protecting the Kimberley’s water for generations to come.
Children play in a tributary of the Fitzroy river at Old Cherrabun station on Ngurrara Country.