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Abstract: The relationship between religion and water, whether as spiritual symbol and ceremonial source, is virtually universal. This relationship is often very strong in the religious practices and beliefs of indigenous peoples, who typically have a strong spiritual connection to their traditional lands and waters. This connection is often manifested in “traditional ecological knowledge” (“TEK”), socially-beneficial environmental management practices and information transmitted by cultural, and often religious, tradition. As indigenous communities and the ecological integrity of indigenous traditional waters are threatened, indigenous people may turn to claims under international human rights as a means of protecting water resources and securing water rights. The current approach to the international human right to water is likely to prove inadequate for indigenous people to achieve protection of water quality and an equitable apportionment of water resources. A new approach to the human right to water, grounded in religious rights and religiously-based TEK, could provide a stronger protection for indigenous water rights and the water quality of traditional indigenous waters. This Essay proposes such an approach, as well as a framework for international courts to adjudicate indigenous religious rights-based claims to water resources.
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