Legal Measures and Legal Shortcomings related to integrated agricultural water management solutions in Non-Irrigation Areas San Pa Tong District Chiang Mai Province.

Abstract

This research is a study of the law, legal measures related to solving water management problems, community guidelines for solving water allocation problems, The objective is to study legal measures and legal flaws related to the solution of integrated water management for agriculture in areas outside irrigation zones. Guidelines for solving redundancy problems in water law enforcement. Guidelines for proposing dispute resolution measures or community agreements on water management in areas outside irrigation zones San Pa Tong District Chiang Mai Province. The research has a study population group which is the sample population in the area outside the irrigation zone, San Pa Tong District, Chiang Mai Province by issuing a questionnaire the number of not less than 300 people by using the sampling in a group of 100 people. The study period is from October 2018 - March 2020 with research tools such as document research, interview, and questionnaire.

The research is analyzed through a conceptual framework that uses governance theory in water management. Content validation checks the results show that most farmers outside the irrigation area allocate water by agreeing among themselves to water users. And using a small proportion of the statutory rules to resolve water (2.3-9.5 percent). This is based on some research hypothesis that the solution to the water allocation of communities in areas outside the irrigation zone in San Pa Tong district. Chiang Mai cannot take legal measures alone. Requires other measures, such as community agreements, good governance principles for water management in the development of the capacity of the community by instilling in the people the discipline of using water along with.

A study of the legal flaws related to solving water management problems found that the enforcement of water management laws in the local administrative organization was duplicated among themselves, having government agencies enforcing the laws involved in water management. But no host is the main agency to perform. Enactment of laws that do not come from interest groups or participation from residents. For guidelines for proposing dispute resolution measures or community agreements on water management in areas outside irrigation areas. There is a draft of the Local Water Management Ordinance as an option to resolve disputes with reconciliation by individuals in the community. In this regard, proceeding according to the model for creating a water dispute resolution network at the community level, which consists of 5 steps, namely 1) Dispute management in community water sources. 2) Dispute management in local government organizations 3) Dispute resolution in reconciliation when disputes affecting many communities from 2 or more communities 4) Settlement of water disputes in the province and 5) settlement of disputes in the water management network.

Guidelines for improvement of legal defects related to solving water management problems. Agree that the details of the Water Resources Act regarding community participation rights should be clearly defined for example Requiring local communities to have local water management rights Setting up an irrigation ditch system Maintenance of local irrigation ditch. Besides, the Water Resources Act has not yet established methods for protecting knowledge. And how to use water technology for communities, Therefore, it is expedient to specify the details for the local community to be able to register patents for the construction of a mine with a new method, which is the duty of the local administrative organization to proceed.