Laws on Flood Prevention and Mitigation
The Water Resources Act 2018 is the main legal framework for managing water resources, encompassing various aspects such as allocation, usage, development, management, maintenance, restoration, conservation, and water rights. This article outlines the measures outlined in the Act for preventing and mitigating floods.
Flooding is defined as a situation where the volume, flow rate, or water level rises rapidly and continuously, potentially affecting the lives of people, animals, and plants in a specific area. It is important to note that this definition does not include normal tidal phenomena.
1. Water Chart
The purpose of the water chart is to delineate boundaries of water areas, including rivers, flood-prone areas during normal and high rainfall years, and critical flood zones. This information assists government agencies in creating land use charts to preserve natural and public waterways for drainage, distribution, collection, and conveyance within watersheds. If land use causes deviations or obstructions in water flow, hindering flood prevention and resolution plans, the relevant government agency may deny construction permits.
2. Flood Prevention and Mitigation Plan
A flood prevention and mitigation plan is developed by the watershed committee to address regular and emergency flooding. This plan includes responsible agencies, budget allocations, data preparation for flood prevention and mitigation, risk management, flood warning systems, water drainage methods, and coordination among related agencies.
3. Water Diversion for Flood Prevention and Mitigation
Water diversion is the process of redirecting water from one area to another, usually to low-lying agricultural regions, in order to prevent and lessen the effects on densely populated and economically important areas. When water is diverted within the same watershed, it falls under the jurisdiction of government agencies responsible for water management. However, if water is diverted between different watersheds, such as from the Yom River basin to the Nan River basin, the Prime Minister's approval is required, along with the consent of the National Water Resources Committee.
4. Authority of Officials in Flood Prevention and Mitigation
To prevent and mitigate flooding, it is crucial to ensure water flows or drains as quickly as possible. Prolonged flooding increases damage. The law grants officials the authority to remove obstacles, cut trees, excavate soil, block land boundaries, demolish non-residential structures, or take other necessary actions to prevent and mitigate flooding. In cases of emergency, officials may take immediate action without prior notice.
5. Protection of Structures and Objects Established by Officials
Anyone who removes, relocates, damages, or destroys any structures, objects, equipment, or measures established by officials for flood prevention and mitigation is prohibited. Violators face up to five years of imprisonment, a fine of up to 500,000 baht, or both.
6. Compensation for Damages
Compensation for damages is divided into two categories:
• The first category compensation for damages resulting from officials' actions in flood prevention and resolution, such as removing obstacles, cutting trees, excavating soil, blocking land boundaries, or demolishing structures. Affected individuals are entitled to compensation under the Water Resources Act of 2018.
• The second category compensation for damages from natural disasters disaster victims, such as damage from flash floods or natural floods. Once the provincial governor declares an emergency disaster assistance zone, disaster victims are entitled to compensation according to the Ministry of Finance's regulations on emergency financial assistance for disaster victims, 2019.
Assistant Professor Weerayut Homchaen
School of Law, University of Phayao