Indigenous water and Mother Earth

Abstract

This chapter reviews Indigenous water law in Canada and the United States, highlighting the protection of Indigenous rights and their priority in law, even though the historical practice has often excluded or denied them. Through treaties, court cases, and advancing laws respecting Mother Earth, the worldviews and values of Indigenous relations and Buen Vivir inform and mediate water management solutions and competing claims, overexploitation, and water conflict. New legal developments including the rights of nature, protecting them in constitutions, and recognizing river rights in laws in Central and South America, the United States and New Zealand move law, practice and water governance closer to a fairer and more socially just sharing of water resources between Indigenous communities and competing water claims including irrigated agriculture. Addressing water challenges of the 21st century will require innovative solutions and approaches to water management. Including and giving full voice to Indigenous people and their water laws and practices is a necessity both in law and water management practice.