ownership of water

Owners of the Water: conflict and collaboration over rivers

   In the United States we have two types of laws governing water ownership, the first is called the riparian system, this system is mainly used in the eastern part of the country.  The law states that the owner of the land around which a water source is found have rights to the water to remain unpolluted and undiminished.  These rights even control landowners up stream from damaging the water flow and content.  The other system, which is primary used in the west, is called the appropriation doctrine.  This states that the first to use the water source in a beneficial way has the rights to it and retains the rights to the water as long as it remains in use.  There are other laws and rights in practice around water usage in this country but they generally follow these two systems. 

   So in a country that does not have a strong infrastructure guarding the rights to water ownership what does it mean to “own the water”?

   Can an owner claim the right to the land by way of family lineage tying them to the land for generations?   Can an owner secure property right from the county through funding of a project or the purchase of a deed?  Can an owner be an outside force operating through industrial or government agencies? 

   All of these questions were raised while watching the film, Owners of the Water: conflict and collaboration over rivers.  The film’s focus was on two major tribes in South America, the Wayuu and the Xavante.  The Wayuu live in a region on the border of Columbia and Venezuela, it is a very dry climate and the people travel for long distances to obtain clean water and bring it back home.  The Xavante live in central Brazil along the Rio das Martes.  This tribe was the main focus of the film.

   Brazil has become the world’s main producer of soy since 2005.  Soy crops have been most successful in the region of Mato Grosso, where the Xavante people have made their home since before the 17^th century.  This production of soy adversely impacts the environment due to the pesticides and fertilizers used in the process of production which rainwater then washes into the Rio das Martes.  The Xavante people rely the river for their food, drinking supply and ceremony.  They have lived harmoniously with the environment for centuries.  Now there is deforestation, which adds contaminants to the water as the top soil runs into the river, building of roads, which changes the ecology due to development and expansion of roads and congestion of traffic on these roads and the changes in the water quality due to industrial agriculture expansion. 

   It is the goal of the two tribes featured in this film to raise awareness, publicize the issues, unite and protect using media and images.  They also bring images of city life back to their indigenous people and vise versa.  They want to leave archival history of their culture, teach others and build respect.  In the film, the Xavante organized a peaceful protest and closed access to a major bridge on May 25, 2006.  It was interesting to see the people’s reactions, some said things like, “are Indians the only people with rights?” and  “kill all the Indians!”  The tribe did get their point across and drew attention to their plight.  A representative from FUNAI, Bureau of Indian affairs, came and confessed he had no idea about the poisoning that was happening to the Xavante.

  Living in a country where we have certain inalienable rights yet where we have the right to exploit other people, I feel many uncomfortable feelings.  I can see how the production of soy is necessary, but I know the rights to clean water are undeniably more important.  In a world where “money is king” and people are used in any way possibly to create more “kings” it is easy to feel powerless and morose.  I have easy access to clean water, if I ask myself what would I do if this access were cut off, my mind spins.  I would scream, but would I be as resourceful and powerful as the Xavante?  And what have their efforts really done to secure their future and the future of their water?  Will the pursuit of the dollar ever subside for the pursuit of what is right?

Only when the last tree has died
and the last river has been poisoned
and the last fish has been caught
will we realize that we can't eat money

Native American Proverb

References:

Owners of the Water: conflict and collaboration over rivers, Laura R. Graham, David Hernandez Palmer, Caimi Waiasse

www.Thefreemanonline.org the ownership and control of water

Brazil’s soybean production and impact, George Flaskerud