1. Present State of Rationalized Agricultural Water Use Projects-the Case of Kasai Water Use-
Rationalized Agricultural Water Use refers to the enterprise of diverting surplus water yielded from the modernization of agricultural irrigation facilities to other uses. Examination of this enterprise as undertaken by Gongendo and Satteryo of Saitama Prefecture ("Kasai Water Use") reveals that in this case, a considerable change in agricultural water use has arisen. This change has occured in three areas: water rights, water use systems, and water management and use. Such change, in turn, reflects the strengthened control of agricultural water use by river managers.
With this rationalization as the momentum, on the one hand, orderly systeme of water rights developed from the intervention of river managers between agricultural water users and other users. And, on the other hand, management and use are divided within agricultural water use itself, with the formation of the internal order of agricultural water use resulting from the unification of the management aspect. These points require further examination.
2. Legal Issues of Rationalized Agricultural Water Use
In the areas where agricultural water use has been rationalized, "water rights", which had collectively represented various types of water utilization (collection, supply, irrigation, and use) has come to have a multi-layered composition resulting from the division of the function of each type of water utilization.
The diversion of water through rationalization has taken the form of a sale of water. Even if changed to a system of water rights based on official permission, the right to dispose of such water rights remains in the hand of the land improvement district. However, the transfer of water rights in relation to the diversion of water through rationalization is subject to certain restrictions. It may be regarded as so-called public purpose restrictions, which will require further examination as to their contents. In addition, intervention in the process of diversion by river managers are, to some extent, inevitable.
It is essential to examine the terms of restrictions to rationalized diversions and the intervention by river managers, as well as to establish the rules governing the sale of water rights.
3. Types and Problems of Water Use Disputes
Water use disputes can be divided into two major categories: those among the various types of agricultural water users and those between agricultural water users and other users. The causes of disputes among the various agricultural water users include: 1) new rice field development; 2) new agricultural water use projects, 3) improvements of water use facilities; and 4) responsibility for the costs of maintaining and managing such water use facilities. The disputes between agricultural water users and other users can be traced to: 1) overall developments of metropolitan water use; 2) development of power resources; 3) improvement of rivers; 4) deterioration of riverbeds; 5) rationalization of agricultural water use; and 6) damage to water quality due to industrical waste and residential effluents.
Since the end of World War II, among agricultural water uses, irrigation and drainage projects have been carried out and water supplies have shown relative improvement. And while old-fashioned forms of water use disputes have diminished, conflicts between agricultural users and the increasing demands of metropolitan water use or water use developments have begun to attract attention.
Characteristic of the water use disputes are that in settling of the water use disputes, administrative agencies are plaxing the role of mediator and/or arbitrator, while, on the other hand, the national and prefectural governments conduct water use enterprises and have come to hold their own rights in water use.
抄録全体を表示