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

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: 

• Whose Water? A Comparative Analysis of National Laws and Regulations Recognizing Indigenous Peoples’, Afro-descendants’, and Local Communities’ Water Tenure 
• Legal recognition of customary water tenure in Sub-Saharan Africa: unpacking the land-water nexus 
• Law and Governance Toolkit for Sustainable Small-Scale Fisheries: Best Regulatory Practices 
• Legal Guide to Enabling & Strengthening Coastal Fisheries Co-Management in the Pacific 

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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Creators and Guests

Host

Natalie Triana

Natalie Triana joined the Environmental Law Institute as a Research Associate in July 2025. She is the host of the People Places Planet Podcast.

LT

Editor

Lawrence Tang

Lawrence Tang joined the Environmental Law Institute as a Research Associate in August 2026. He provides editorial support for the People Places Planet Podcast.

NC

Producer

Nick Collins

What is People Places Planet?

Welcome to People Places Planet, ELI's leading environmental podcast. We talk to leading experts across sectors who share their solutions to the world's most pressing environmental problems. Tune in for the latest environmental law, policy, and governance developments.