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Liability without fault of Administrative Agency in Water Management Practice
Liability without fault of Administrative Agency in Water Management Practice

The accelerated drainage and water diversion practices for the propose of damage control by the Royal Irrigation Department are the water management practices within the scope and in accordance with the purpose of the Royal Irrigation Act B.E. 2485 which is the prevention of disaster whereas the public interests must be considered. The water management is proceeding in accordance with the powers and duties stipulated by law. Where there is no unlawful act, there can be no conviction for torts from injuring the individual. However, if the said act caused damage to the rights of any person, the administrative agency is liable to compensate for damage. The purpose is to protect the rights of individuals who are especially burdened by the government's other liability actions. However, the compensation, in this case, is not compensation of torts which the purpose of compensatory damages in tort law is to place a plaintiff as far as possible in the position in which they would have been or had the wrong not occurred. In this case, it is compensation for damages that are more than usual caused by the actions of administrative agencies. When the damage partly caused by heavy rainfall that is a natural disaster and another part was caused by accelerated drainage from the dam, therefore, the causes of flooding in the injured persons’ property were a result of both nature and administrative agency factors. The administrative agency must compensate only for damages that caused by water management without claiming that the damages were caused by natural disaster and exercised its authority in a manner that is consistent with the law so, it shall not be liable for any damage.

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