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학술논문法學論文集2011.08 발행KCI 피인용 4

우리나라 하천법에서의 하천 유지유량과 환경개선용수

In-stream Flow and Environmental Enhancement Water in the Korean Rivers Act

이상돈(중앙대학교)

35권 2호, 309~325쪽

초록

In-stream flow, the water flow of the river which makes water body viable for aqua-ecosystem, is becoming very important issue in water and river management around the world. It is a dramatic change of views which people look to the river. In Korea, 'in-stream flow' was first mentioned in the 1965 Long-term Water Resources Management Plan, but the idea was never enforced in reality. It is in the 1999 Rivers Act that required the government to adopt 'in-stream flow' standard for the nation's rivers. The Ministry of Construction and Transportation finally adopted the in-stream flow standards for all of the nation's rivers in 2006. The Rivers Act was once again amended in 2007. According to the 2007 Act, the river management authorities may deny water right permit if they find the permit may threat river's ecosystem. Also, it newly adopted new kind of water right permit for environmental enhancement. By this new provision, the Ministry of Land and Ocean Affairs now may give permit of water right for the environment enhancement and the Korea Water Authority which owns and operates the multi-purpose hydro-dams may charge prices for the amount of water used. The Rivers Act of 2007 was a remarkable development as it allows the Ministry of Land and Ocean Affairs to consider the water ecosystem when permitting and renewing water rights. Also, it adopts the new kind of water rights for environmental enhancement though some commentator think it is not a desirable practice.

Abstract

In-stream flow, the water flow of the river which makes water body viable for aqua-ecosystem, is becoming very important issue in water and river management around the world. It is a dramatic change of views which people look to the river. In Korea, 'in-stream flow' was first mentioned in the 1965 Long-term Water Resources Management Plan, but the idea was never enforced in reality. It is in the 1999 Rivers Act that required the government to adopt 'in-stream flow' standard for the nation's rivers. The Ministry of Construction and Transportation finally adopted the in-stream flow standards for all of the nation's rivers in 2006. The Rivers Act was once again amended in 2007. According to the 2007 Act, the river management authorities may deny water right permit if they find the permit may threat river's ecosystem. Also, it newly adopted new kind of water right permit for environmental enhancement. By this new provision, the Ministry of Land and Ocean Affairs now may give permit of water right for the environment enhancement and the Korea Water Authority which owns and operates the multi-purpose hydro-dams may charge prices for the amount of water used. The Rivers Act of 2007 was a remarkable development as it allows the Ministry of Land and Ocean Affairs to consider the water ecosystem when permitting and renewing water rights. Also, it adopts the new kind of water rights for environmental enhancement though some commentator think it is not a desirable practice.

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.22853/caujls.2011.35.2.309
분류:
기타법학

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