LEGAL ISSUES CONCERNING PUBLIC PARTICIPATION IN THE UTILIZATION OF WATER RESOURCES UNDER THE WATER RESOURCES ACT B.E. 2561 (2018)

Abstract

This research article aims to: (1) examine legal theories related to public participation; (2) study laws governing public participation in the utilization of water resources in foreign countries and in Thailand; (3) analyze legal issues concerning public participation in the utilization of water resources; and (4) propose appropriate solutions for Thailand regarding public participation in the utilization of water resources under the Water Resources Act B.E. 2561 (2018). This study employs a qualitative research approach, collecting data through documentary research and analyzing the data using content analysis within relevant contexts.

            The findings reveal that: (1) theories of public participation recognize the right of the public to participate in decision-making processes alongside state authorities; (2) comparative analysis of foreign legal measures on public participation in water resource utilization indicates that many countries explicitly provide for public participation in national water management more clearly than Thailand; (3) analysis of legal issues under the Water Resources Act B.E. 2561 (2018) shows that both the National Water Resources Committee and the River Basin Committees lack adequate public participation; and (4) it is recommended that a proportion of representatives elected by the public be included in the National Water Resources Committee and the River Basin Committees. In addition, clear principles, criteria, conditions, and procedures should be established for granting permits to utilize water resources in a manner that is binding and framed as the exercise of citizens’ rights, in order to ensure a balanced and fair distribution of benefits from water resource utilization between the public and the National Water Resources Committee and the respective River Basin Committees for all sectors involved.