What is the relationship between indigenous peoples and water?
Indigenous peoples and water have unique and significant relationships. In South Carolina, the relationship is especially relevant due to the historic presence of Native American tribes. Water law in South Carolina recognizes the tribes’ right to control, access, and benefit from, the waters in their respective territories. This right is known as the Right of Use and Benefit. This right is distinct from other water users, such as states, counties, municipalities, and landowners, who possess rights granted through law. The tribes have the right to use and benefit from their waters for domestic, religious, cultural, and commercial activities. This means that the tribes have the right to use the water for their individual needs, such as drinking, bathing, and cooking, as well as for cultural and spiritual practices and ceremonies. They also have the right to benefit economically from the waters, such as through fishing, trading, and gathering activities. Indigenous peoples and water are deeply connected, and water law in South Carolina recognizes the tribes’ special right to use and benefit from it. This recognition honors the important role that the tribes have in managing and protecting South Carolina’s waters. Not only is this essential in ensuring that the tribes have the resources they need for their subsistence and livelihood, but it is also a critical part of preserving South Carolina’s ecology for generations to come.
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