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This chapter draws upon the ongoing gaps and injustices in Western water policy and law, exploring its paucity in recognition of Indigenous Water rights. Exacerbated by National Water legislation and ongoing colonial racism, notions of ‘ownership’ of water resources that are licenced through the Crown represent a site where a paradigm shift is needed to dismiss the myth of aqua nullius and secure Aboriginal Water rights (Marshall, 2017). The Gunditjmara success in obtaining United Nations Educational, Scientific and Cultural Organization (UNESCO) World Heritage listing of the Budj Bim eel traps and the Yarra River (Wilip-gin Birrarung murron) Protection Act (2017) are two examples that illustrate recognition of Aboriginal connections to water, but at the same time reveal weaknesses in Australian water policy. Sustainable Indigenous culture requires legal, social and cultural recognition and enactment of Aboriginal Water rights.

Indigenous Australians are often referred to as ‘the First Peoples’ of Australia, and the inclusion of the Aboriginal and Torres Strait Islander flags in being recognised as official national flags in 1995 by the Keating Federal Government, alongside the Australian flag, embues First Peoples with national recognition. The national discussion and consultation to reform Australia's Constitution has failed to progress a proposal to enshrine Australia's First Peoples recognition in the preamble of the constitution. The Australian Federal Government also dismissed the Uluru Statement from the Heart, which calls for a national Indigenous voice to parliament and the concept of a Makarrata, to facilitate the truth-telling about Australia's violent history. This great southern continent experiences long periods of drought, intense fires and periodic intense flooding across Australia. However, Australian society has barely engaged with First Peoples and their unique knowledge of this land, whether traditional or revitalised, including their exemplary sustainable management through ‘Caring for Country’. This chapter examines the benefits of Indigenous people's knowledge exercised through their laws, customs, practices and polity, and analyses the significant impact resulting from generations of settler Australians ignoring Indigenous ontology and knowledge.