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GEOGRAPHY OF WATER JUSTICE代寫

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    THE ORD RIVER CATCHMENT AND A

    LECTURE OUTLINE  
    ? The Ord catchment now
    ? Colonisation-catchment history and presence
    ? Indigenous water values
      Break
    ? Water justice: what is it?
    ? Breaking through the debate
    THE CATCHMENT
    •Bigger reputation than results
     
    •State boundary divides but mostly
    administered by WA
     
    •WA, unlike other states, does not
    have a land rights act
     
    •Native title – always context
    dependent
     
     
    PHYSICAL DIMENSIONS
      
    •46,100 square kilometres – roughly the
    size of Belgium.
     
    •Lake Argyle – 10 times the size of Sydney
    Harbour – depending on the season.
     
    •3 Ramsar sites – Lake Argyle, Lake
    Kununurra, Parry Floodplains
     
    •Important Bird Areas identified – include
    the Ord Irrigation Area
     
    •14,500 ha irrigated country
     
     
     
    ‘Australia’ filmed there 
      30/04/2013
    2
    DEMOGRAPHICS
    •7,300 people – estimated.  (Census problems.)
     
    •6,000 Kununurra, 800 Wyndham
     
    •About half identify as indigenous
     
    •Median age 30 
     
    •Expected to double by 2031
     
    •~$50 million annual irrigation production
     

     
    NEW POSITIONINGS, NEW MARKETING
    ? Shire of Wyndham East Kimberley now (2013)
    ? Note the diamond on the top, fishing hook over a calm
    lake scene, void of people 
    ? Sunsetting!
    INDIGENOUS COMMUNITIES   
     
     
    •Clusters around
    larger centres –
    due to
    dispossession,  no
    pastoral work,
    desire to be near
    facilities.
     
    •Large
    communities on
    edge of Kununurra
    very distinct from
    other areas.
     
    •Infrastructure
    challenges, poor
    service provision,
    overpopulated
    houses.  
    CONTACT – 
    EXPLORERS AND OTHER NATIONS
    ‘Alexander Forrest – ‘I have named this river the 
    Ord, after his Excellency the governor of Western
    Australia, who has taken so great an interest in this
    expedition.’ (Forrest, 1880:27). 
     
     
     
    ‘When Europeans came to explore and settle in the Kimberley they found
    Aborigines with very different cultural traditions from those in the south and
    in the desert.  Already aware of the outside world, they had adopted at least
    one major technological innovation from the Indonesian (the canoe) and
    had gained some experience in interracial warfare.  Although Aborigines
    had some initial difficulties in identifying Europeans as belonging to the
    human species, they were quick to learn and adapt to the new situations
    which confronted them.’ (Crawford, 1981).      30/04/2013
    3
    STORIES OF CHANGE
    ‘My grandfather in the same way took the
    Djadu back right back to this country.  He
    left it in a big cave over on the hump of a
    hill close to the river bank and it was
    drowned.  It’s finished now, that’s the full
    strength of it.  We only have the singing
    part, that’s all.  The rest is under water.  I
    thought I’d go round there some day with a
    motor car and if the water kept away, went
    back, I’d go to that place and have a look. 
    It’s on this side of the hill on a cliff…
     
    I wanted to get it out.  I didn’t know they
    were going to put this backwater right up
    to Arglye…I should have shifted that Thing
    myself but I was too late behind.  The
    water was all over then.  No good
    looking…I don’t like to look at it [the
    water].  My private Law is under water
    now’ (Bulla quoted by Shaw, 1986:171).       
    FRONTIER EXPANSIONISM
    Why is ‘development’
    pursued here?
     
    ‘Before us, as you can see, stretch
    the waters of the greatest man
    made lake ever made in Australia,
    or ever built here. It is a unique and
    I believe an imaginative enterprise.
    This is the place I believe where
    man (sic) and nature can live in
    harmony.’ 
     
    Prime Minister McMahon at
    the opening of the Ord Main Dam. 
    THE NORTHERN MYTH REVISITED
    Head (1999) writes
    that three central
    concepts inform
    ‘development’ in the
    Ord: 
    ? ‘the empty landscape,
    ? the invisible Aborigine,
    and
    ? the idealisation of 
      agricultural land use.’
    (Head, 1999:142) 
    WAYS OF SEEING: ARTHUR (1997) 30/04/2013
    4
    POST-DAM LANDSCAPE  INDIGENOUS LANDSCAPE DIMINISHED
    INDIGENOUS CULTURAL FRAMEWORK
    FIRST CAME THE CATTLE, THEN THE
    COTTON…
    ? 2 dams on the river
    ? Water for a massive
    irrigation project
    ? Traditional owners
    not informed, or
    involved
    ? Dispossessions, lost
    country
    ? Start of intensive
    cotton production –
    DDT 50 times per
    season – failed! 30/04/2013
    5
    AND THEN…NATIVE TITLE LAW
    PROVIDES AVENUES FOR COMPENSATION
    • Strong and continuing
    cultures
    • Noonkanbah 1978 –
    established the
    Kimberley Land
    Council – 30
    communities coming
    together to organise
    • Pushing for better
    acknowledgement of
    NRM
    Noonkanbah, 1978,

    blications/west-kimberley/images/big-
    10.jpg 
    HISTORY OF CONTESTATION IN THE ORD
    ? 1994 Ben Ward on behalf of 100 TOs lodged application for 7653 square
    kilometres of country spanning WA/NT border
    ? 1995 referred to Federal court
    ? Justice Lee agreed with the applicants, despite protests from govt and
    private interests
    ? ‘substantial and exclusive native title rights which are exclusive to
    full ownership of the land’
    ? NT included:  ‘a right to possess, occupy, use and enjoy the area, a
    right to make decisions about the use of the area…a right to use and
    enjoy the resources of the area’ (Meyers 2000:3).
    ? WA NT govts appealed
    ? Reduced strength – bundle of rights
    ? Counter appeal to High Court by 
    MG people, recommended negotiations
     
    SATISFACTION DAY
    ‘We are very happy to have got this far.  
    We have had our disagreements but we
    have managed to work through them and
    now we are all getting on with the job.  We
    have learned a lot through the process.  It
    has been very good for our capacity
    building and our confidence building…
     
    We have surrendered our Native Title and
    that has been very hard for us; that is our
    major contribution to the Agreement.  We
    now need to have the ongoing
    commitment from the State to ensure that
    all parties implement the letter and the
    spirit of the Agreement, and especially to
    make us a true partner in the development
    of the region.  We include the private
    sector developers in this partnership.’  
     
    Helen Gerrard, Miriwoong woman,
    Chair of ASEIA/OES,  
    WHAT ARE INDIGENOUS WATER
    VALUES IN THE ORD CATCHMENT? 30/04/2013
    6
    PAST, PRESENT, FUTURE
    ‘Traditional Owners believe that the
    Dreaming is both a continuing force, which
    began in the remote past and continues in
    the present and will continue into the
    future.  In this respect the cultural values
    of the Ord river are considered to be ever
    present.’ (Barber and Rumley, 2003:16)
     
    ‘Features of their (TOs) traditional  
    economy or the environment are not
    separated from spiritual and cultural
    heritage.  They are all considered to have
    derived from the Dreaming; the cultural
    interests of the Dawawang include the
    flora, fauna, the land and waters of the
    country as well as their intellectual and
    religious property.’ (Barber and Rumley,
    2003:17) 
     
    PRE-DAM WATER VALUES
    ? Phyllis Kaberry – 1930s anthropological research.  
     
    ‘Around the billabongs are depressions in the earth, each one a
    family hearth where food is prepared and eaten and much of the
    gossip, quiet talk, and arguments are carried on… Close by are
    generally billies (formerly shells) for fetching water from the pool
    about a hundred yards away or more, for as a rule, the natives do
    not camp by the edge of their water supply.  In summer there will
    be floods, and at any time there are always snakes and insects in
    the rank grasses.’ (Kaberry, 1939:5)    
     
    ? Five different seasons – changes beyond wet/dry.
    ? Variable flows – pooling.  Natural dams.
    ? Sandy beaches, access good.
    ? Pastoral activities – impact on river not significant from some
    TOs’ perspective in early days.
    ? Extensive travel during the dry.
    BREAK
    30/04/2013
    7
    CURRENT BUCKETS OF MONEY
    ‘Ord-East Kimberley Expansion
     
    The Ord-East Kimberley Expansion Project is a major State
    Government election commitment that will contribute to the
    successful development of Australia’s North and the
    transformation of Kununurra into a sustainable regional
    centre.  The $415million investment has two components:
     
    ? East Kimberley Development Package (EKDP) –
    $195million from the Commonwealth Government, of
    which the WA State Government will deliver $177.9million
    of projects
    ? Ord Irrigation Expansion Project (OIEP) – $220million
    from the Western Australian Government’s Royalties for
    Regions fund.’
     
      
    ‘ANOTHER STEP FORWARD’
     
    OR MAYBE NOT.
    ‘No end in sight for Ord delay
     
    NATHAN DYER, The Kimberley Echo August
    18, 2011,
    7:00 am 
     
    ‘The Barnett Government’s $220 million
    expansion of the Ord River farming project
    will take almost twice as long to complete
    than originally planned due to ongoing delays
    gaining Commonwealth environmental
    approval.
     
    The project to increase the size of the Ord
    Irrigation scheme from 14,000ha to 22,000ha
    was originally due to be completed this year;
    however, the Government last year extended
    that to December 2012.’
     
     
      
    Teddy Carlton, head of MG Corp
    ENVIRONMENTAL JUSTICE: MORE THAN
    ERIN BROCKOVICH    
    ‘In effect, the environmental
    justice movement is an
    attempt to broaden the
    definition and scope of
    environmentalism to include
    the basic needs of poor and
    politically less powerful groups.’
     
    Dictionary of Human
    Geography,
    2000.    30/04/2013
    8
    ENVIRONMENTAL JUSTICE
    •More developed in
    the US.  
     
    •Institutionalised
    there: EPA defines
    environmental
    justice.
     
    •Draws on civil
    rights movement
    practice.
     
    •Expands the
    environmental
    debate
     
    •Inclusive agenda,
    practical
    problems.
     
     
    SCHLOSBERG: ENVIRONMENTAL 
    JUSTICE APPROACH 
    Acknowledgement
    of stakeholder
    status
    Participation
    in decision
    making
    process
    Equitable
    distribution of
    costs and
    benefits
    ? Three interlinking circles
    of concern.
     
    ? Each important in
    achieving a fair outcome.
     
    ? Process based analysis
    rather than endpoint
    focused.
     
    ? Livelihoods – whether
    people can make a life.  
    WATER JUSTICE
    ? Locates water problems
    on an explicitly moral
    terrain.
    ? Shifts terms of water
    politics debate from
    solely economic issues to
    broader context.
    ? Acknowledges context
    specific nature of water
    needs.  
     
    SHIP IT SOUTH: MINING WATER
     
    Sunday Times, 28th January 1990
       30/04/2013
    9
    ‘Options for bringing water to
    Perth from the Kimberley’
    (2006) 
    WATER RIGHTS
    ? Western model of
    environmental
    management
    ? Separation of water
    from land – buy/sell ML
    ? Over-allocated systems
    ? Water supply and
    sanitation often
    divorced from catchment
    – eg desalination.
     
    ? Water matters defined
    in situ
    ? Universal need for
    water
    ? Sustain livelihoods,
    communities
    ? Need for industry –
    agriculture, mining
    etc.
    ? Experiential 
     
    Market driven?
      
    Human driven?  
    WATER INJUSTICES
    ? Degradation of rivers a second
    dispossession  (Weir, 2007)
     
    ? Faulty installation and repair of
    water supply and sanitation
    facilities in Indigenous homes
    (McLean, 2007)
     
    ? Lack of involvement of
    Indigenous people in water
    allocation processes (Lingiari
    Report, 2002)
     
    ? Distribution prioritises non-
    Indigenous uses: the Ord water
    allocation process.

    ting-water-injustices/  
     
    ‘According  to the Regional Office of the Food
    and Agriculture Organisation of the United
    Nations (FAO) for Latin America and the
    Caribbean, in the region there are “120 million
    urban residents who lack access to adequate
    water, while 150 million do not have adequate
    sanitation”.’
    WATER GOVERNANCE – DEVELOPMENT 
    Lingiari report:
     
    ‘For most of the last Century, the
    trapping and extraction of waters
    for mining, agricultural and
    pastoral development proceeded in
    the absence of any recognition of the
    rights of the Indigenous peoples on
    whose country this development
    took place.’
     
    ? Permanent flooding of cultural
    landscapes + sites
     
    ? Destruction of waterholes +
    significant sites by erosion, cattle +
    overconsumption (MG cultural
    framework, 2008)

     
     30/04/2013
    10
    POTENTIAL REMEDIES – 
    APPLYING SCHLOSBERG
    ? Involve Indigenous people
    ? Appropriate
    consultations/distributions
    ? Redefine environmental values –
    inclusive
    ? Apply co-management to river
    ? Check installations of water
    supply and sanitation in
    communities
    ? Establish ecological water
    requirements
     
     
    DISCOURSES SURROUNDING THE OFA PROCESS
    THE OFA
     
    IMPLEMENTING OFA
    ? OFA significant change
    ? Success depends on
    broader context
    ? Hope for improved
    outcomes 
    ? Concern in shift of
    management MG Corp
    ? State/Federal dissonance
    continues
     30/04/2013
    11
    CULTURAL FLOWS IN THE ORD?
    ? ‘JM: What might a cultural flow
    look like here?  The things I know
    about a cultural flow come from
    down south, NSW, the Murray
    Darling Basin.  
    ? TO:  I think a cultural flow will
    provide a means of sourcing food, a
    means of survival.  That’s what the
    river was about, prior to the dams. 
    The river would dry up in lakes
    and billabongs and dreamtime
    stories were associated with that. 
    My interpretation of that now is
    that food was a main benefit of that
    change too, in the dry.  The most
    important use of the river was for
    fish, turtle – getting everything
    that you could eat.  (Miriwoong
    traditional owner, 2006)
    ? (from field research)
    RESERVE 31165
    ? 136,000 ha wetlandscape
    – co-managed by
    Department of Water
    and Traditional Owners
    ? Ord River flows in to
    Lake Argyle and makes
    artificial estuary
    ? Dawawang go out to
    country, visit, spend
    time, work with DoW on
    implementing
    management plans.
     
     
    CO-MANAGED AREAS IN ORD
    ? Work differently to other
    pre-existing national
    parks
    ? Buffer area around
    expanded irrigation area
    should it go ahead
    ? Leased back to
    Conservation and Land
    Management (CALM)
    INSTITUTIONAL WATER MANAGEMENT REGIMES
    ? ‘The Ord River Dam’s construction
    in the early 1970s greatly changed
    the flow regime of the lower Ord
    River. These changes to the
    hydrology in turn changed the
    environment.  Before the dam, the
    lower Ord River flooded regularly
    in the wet season, inundating large
    areas of the Ord River floodplain.
    In the dry season the river dried
    out to a series of isolated pools….In
    1999 the Environmental Protection
    Authority recognised the
    importance of the post-dam
    environmental values that had
    developed in the lower Ord River
    and recommended they be
    protected.’ (Department of Water
    2012, 17)
     

    atch?v=-
    fQ1TTB1QeU&feature=pla
    yer_detailpage  30/04/2013
    12
    WHAT VALUE GIVEN TO INDIGENOUS WATER
    VALUES?
    ? [They] will coordinate dam
    maintenance with traditional
    owners and elders from the
    Miriuwung Gajerrong to
    maximise their opportunities
    to hold ceremonies and access
    the river during periods of low
    flow. Such access will be
    opportunistic – the
    department and Water
    Corporation cannot
    guarantee the frequency
    or duration of low flow
    events. (emphasis mine)’
    (Department of Water
    2012)
     
    ? ‘For most forms of
    tourism and for other
    economic uses such as
    pastoralism and
    aquaculture, a reduction
    in flow is acceptable, as
    long as some flow is
    maintained.’
    (Department of Water
    2006, 158).
     
    ONE ASSESSMENT OF WATER PLANNING AND
    COMMUNITY INVOLVEMENT IN THE ORD …
     
    ? ‘minimal level of community engagement and opportunity to input to
    the process 
    ? protracted nature of the water planning process which caused them to
    lose sight of the process and their role in it
    ? lack of feedback over many years from government regarding their
    input to the public participation process
    ? widespread dissatisfaction with the interim Environmental Water
    Provisions given in the ORWMP and the rationale for this and other
    allocations in the Plan
    ? perception that the process was (to some extent) redundant through
    ongoing indecision on behalf of government about future land and
    water use in the Ord River region
    ? perception that government decision-making about water in the Ord
    River region is constrained by existing agreements which enshrine
    allocations for hydro electricity production and other uses.’ (Ayre,
    2008:46)
    WATER SUPPLY AND SANITATION ISSUES IN THE ORD
    Problems with
    installation of
    infrastructure,
    and its
    maintenance.  
     
    See table next
    slide for list of
    issues
    observed/reported
    during fieldwork
    2005/2006.
     
     
    INDIGENOUS COMMUNITIES IN THE ORD – WATER
    INJUSTICES 30/04/2013
    13
    INDIGENOUS WATER RIGHTS 
    AUSTRALIA WIDE
    ? National Water
    Initiative – good policy in
    many ways, not so in
    others
    ? Environmental
    allocations – heavily
    contested 
    ? Cultural flows –
    sometimes akin to
    environmental flows but
    not always
    ? Wither water justice?
    REFERENCES
     
    Ayre, M. 2008. ‘Water Planning in the Ord River of Western Australia’, TRACK, accessed 30th April 2013.
      
    Department of Water 2006 Ord River Waterway Management Plan. (Water Resource Allocation Planning Series).  Perth,
    Department of Water, i-193.
    Department of Water 2012 Ord Surface Water Allocation Plan: for public comment, looking after all our needs.  (Water Resource
    Allocation Planning Series).  Perth, Department of Water, 1-94.  
    Australian National Committee on Irrigation and Drainage, 2003.  Australian Irrigation Water Provider: Benchmarking Report
    2001/2002,    Canberra: ANCID.  
    Barber, K & Rumley, H. 2003.  Gunanurang: (Kununurra) Big River Aboriginal Cultural Values of the Ord River and Wetlands: A
    Study And Report Prepared For  The Water And Rivers Commission, Perth: Water and Rivers Commission.  
    Jackson, S, Storrs, M, & Morrison, J.  2005.  ‘Recognition of Aboriginal rights, interests and values in river research and
    management: perspectives from northern Australia.’  Ecological Management & Restoration, 6 (6), pp 105-111. 
    Lane, R. 2003. Place-Making in the East Kimberley: A study of land interests and symbolic capital in north west Australia, PhD
    Thesis, University of Wollongong.
    McFarlane, B. 2004.  The National Water Initiative and acknowledging Indigenous interests in planning. Sydney: National Water
    Conference.
    McLean, 2010. ‘A Geography of Water Matters in the Ord Catchment, Northern Australia’, PhD thesis 
      
    Morgan, M., Strelein, L. and Weir, J.: 2004, ‘Indigenous Rights to Water in the Murray’, AIATSIS Research Discussion Paper 14,
    Native Title Research Unit, Canberra.
    Storey, A. & Trayler, K.  2006. ‘Allocation for the future of the Lower Ord River: Balancing Ecological, Social, Cultural and
    Consumptive water requirements’ in Leybourne, M & Gaynor, A (eds) Water : Histories, Cultures, Ecologies, Crawley, W.A.:
    University of Western Australia Press, pp146-170.  
    Shaw, B.  1986.  Countrymen : the life histories of four Aboriginal men as told to Bruce Shaw, Canberra:  Australian Institute of
    Aboriginal Studies.
    Smith, T.  2003. ‘Aboriginal Labour and the Pastoral Industry in the Kimberley Division of Western Australia: 1960–1975’ Journal
    of Agrarian Change, 3 (4), pp 552-576. 
    Western Australian Government, 2005. Ord Final Agreement, Perth: Western Australian Government.
     
     
     

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