Freshwater and Marine Tenure 101: Who Gets to Use and Manage Water and Ocean Resources

Freshwater and Marine Tenure 101: Who Gets to Use and Manage Water and Ocean Resources

Author: Environmental Law Institute September 9, 2026 Duration: 49:59

Water is essential to so much of life—from food and livelihoods to culture and ecosystems—but who has the right to access and use it? In this episode of People, Places, Planet, host Natalie Triana is joined by ELI Senior Attorneys Jessica Troell and Sofia O’Connor for a "Freshwater and Marine Tenure 101.” They explain what freshwater and marine tenure are, why they matter, and how they shape the ways communities access, use, and manage water and ocean resources. 

Jessica and Sofia break down the systems that govern freshwater and marine tenure, from national laws to customary and Indigenous practices, and explore why secure tenure matters for Indigenous peoples, small-scale fishers, women, and other communities. They discuss how insecure tenure can leave communities vulnerable to competing demands, environmental degradation, and other large-scale activities. 

The conversation also examines gaps in existing legal frameworks, including fragmented laws, limited recognition of customary and Indigenous rights, and permitting systems that may not work for communities. Finally, Jessica and Sofia explore promising approaches to strengthening freshwater and marine tenure and share examples from ELI’s work around the world.  

To learn more about ELI’s work, explore the resources below: 

Timestamps: 

  • What Is Water Tenure? (2:05) 
  • Why Does Secure Water Tenure Matter? (7:10) 
  • Recognizing Customary and Indigenous Water Rights (12:08) 
  • How Water Tenure Is Governed (19:14) 
  • Gaps in Water Tenure Governance (24:01) 
  • Strengthening Freshwater and Marine Tenure (35:48) 
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Produced by the Environmental Law Institute, People Places Planet is a conversation grounded in the practical realities of environmental stewardship. This podcast moves beyond abstract theory to explore how laws, policies, and innovative governance models are actively applied. Each episode features discussions with practitioners, scientists, legal experts, and community leaders who are directly engaged in crafting and implementing solutions. You’ll hear nuanced analysis on the intersection of business, regulation, and education, focusing on tangible outcomes rather than just identifying problems. The dialogue consistently centers on how complex frameworks operate in the real world, affecting specific communities, ecosystems, and industries. Listening provides a deeper understanding of the mechanisms that drive environmental progress and the challenges that arise at the intersection of human activity and planetary health. It’s an essential resource for anyone curious about the foundational rules and creative strategies shaping our relationship with the environment, offering clarity on the legal and policy threads woven through every environmental issue. Tune in for thoughtful, expert-driven perspectives that connect the dots between policy texts and their impact on the ground.
Author: Language: English Episodes: 50

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