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Acknowledgments:

Chaninat & Leeds, a law firm established in 1997, is composed of attorneys specializing in US family law and company law, and can assist with Thailand inheritance cases.



 

1 February 2010

STATE IRRIGATION ACT
B.E. 2485
_________

Whereas the Assembly of the People's Representatives has passed a resolution that it is deemed expedient to promote and control the State Irrigation Works so that the same may be properly proceeded with,

Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the Assembly of the People's Representatives, as follows:

PRELIMINARY PROVISIONS

Section 1. This Act shall be called the "The State Irrigation Act B.E. 2485(1942)".

Section 2. It shall come into force on and from the date of its publication in the Government Gazette.

Section 3. The provisions of the Canals Conservation Act R.S. 121 shall not apply to the Irrigation Waterways under this Act.
All laws, byelaws and other regulations in so far as they deal with matters governed by this Act or are inconsistent with the provisions of this Act shall be repealed.

Section 4. In this Act,
“ “Irrigationmeans any works constructed by the Government to supply water from any waterway or reservoir for cultivation and includes the prevention of damage to cultivation with regard to water as well as navigation within the Irrigation Area.”
The previous definition of "Irrigation" was repealed by Section 3 of the State Irrigation Act (No.4) B.E. 2518 and superseded by the following.

"Irrigation" means any undertaking carried out by the Royal Irrigation Department to procure water or to retain, store, reserve, control, supply, drain or allocate water for agriculture, energy, public utilities or industry and includes the prevention of damage caused by water as well as navigation within the Irrigation Area.

"Irrigation Waterway" means any water course proclaimed by the Minister as Irrigation Waterway under Section 5.

"Irrigation Area" means the area of cultivated land which will receive benefit from irrigation.

"Working Area" means the area of land used for construction or maintenance of irrigation works, the boundaries of which have been determined by the Official.

"Navigation Lock" means any structure constructed in the waterway for the passage of craft through different water levels.

"Dam" means any structure constructed in the waterway for varying water from flowing through or over it.

"Weir" means any structure constructed in the waterway for irrigation water to be supplied to the irrigation area, so that surplus water may flow over it.

"Barrage" means any structure constructed with closing or opening spaces for irrigation or conserving water in the waterway which is the source of water to be supplied to the irrigation area.

"Regulator" means any structure constructed in the waterway with closing and opening spaces for irrigation, conservation, retention or drainage of water in places other than those which do not constitute the source of water to be supplied to the irrigation area.

"Syphon" means any structure constructed for the passage of water under or over any obstruction.

"Flume" means any structure constructed for water to flow over any waterway or over any low place.

"Fall" means any structure constructed for regulating the flow of water from the waterway of one level to that of another level.

"Embankment" means the mound of earth constructed longitudinally along the line of the canal.

"Berm" means the space between the embankment and the bank.

"Flood Embankment" means any structure constructed longitudinally along the surface of the land for flood protection.

"Official" means any Official of the Royal Irrigation Department having the duty concerning the irrigation works and includes those persons appointed by the Director General under this Act.

"Irrigation Engineer" means the Official who is the Chief for the control of the construction or the maintenance of the irrigation works.

"Director General" means the Director General of the Royal Irrigation Department.

"Minister" means the Minister of State in Charge of the execution of this Act.

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