In its preliminary statements the Aboriginal Land Rights Act 1983 (NSW) (ALRA) affirms historical Aboriginal ownership and occupation of land and water and acknowledges the significance and importance of both to Aboriginal people of NSW. It also acknowledges the fact that the amount of land and water set aside for Aboriginal people had progressively declined before the ALRA was enacted. However, the legislation does not include specific water rights provisions.1 This is not surprising given that at the time the ALRA was introduced rights to water were attached to land and were only transferrable with the sale of land titles.