Legal Problem Concerning Water Resources Management

Abstract

This research project analyzes the exercise of governmental power in managingwater resources, and also identifies difficulties and legal adverse effects the caused bythat exercise. The research specifically looks at the river dredging case in southern partof Thailand. It will study the legal framework, the legal contents, the relationship betweenrelevant law and policy, the relevant governmental authorities, and the measuresadopted for managing water resources. Crucial issues in this context are the conservationand utilization of water resources, the managing power of local community, the budgetallocation for the local community, the environmental impact assessment, the disputeresolution system, the government liability, and the remedy of damages caused by riverdredging activities.

The research proposes that the law must be amended in order to act as a policy framework and also as a measure for managing water resources. This policy and law will set out the national policy framework for the management of water resources. The framework is designed to strike a right balance between conserving and utilizing water resources; to regulate the river dredging activities by considering the specific characters of water resources; to integrate independent authorities, and make the Department of Water Resources as a central cooperating organ amongst those authorities. The Department is thus delegated the power to establish