THE RIVER LAW with COMMENTARY by ARTICLE Legal Framework for River and Water Management in Japan

IDI Water Series No. 4 THE RIVER LAW WITH COMMENTARY BY ARTICLE Legal Framework for River and Water Management in Japan supervised by River Bureau, Ministry of Construction JAPAN compiled and commented by Toshikatsu Omachi published by the Infrastructure Development Institute - Japan THE RIVER LAW with commentary by article THE RIVER LAW WITH COMMENTARY BY ARTICLE Legal Framework for River and Water Management in Japan A WORD OF RECOMMENDATION It would be unnecessary to cite the examples of ancient Egyptian and China to make the point that the relationship between rivers and humankind, that is, flood control and water use, has always been one of the greatest concerns of the rulers of the times. Japan, a country located at the outer edge of the Asian continent, was no exception. As the governmental system became increasingly centralized, the relationship between people and rivers, which in ancient times had been of local concern, gradually became a concern of communal, regional and, eventually, national importance. The governmental system was established through national unification by Toyotomi Hideyoshi (1585) and the establishment of the Tokugawa shogunate system (1603) by Tokugawa Ieyasu. The development of vast alluvial plains along the lower reaches of major rivers was begun in the mid-16th century by feudal loads during the "era of warring states" (sengoku jidai). This development started the cycle of development, increase in flood damage, flood control and development, and led to the expansion of river administration districts and the integration of river administration measures. By the mid-Edo period the foundations for the river administration system had been laid. After the Tokugawa shogunate collapsed and the Meiji government took over (1867), traditional river administration continued to be practiced. The promulgation of the Imperial Constitution in 1989 stimulated work to institute laws and regulations, and in 1896 the River Law (old River Law) was enacted with the aim of coping with frequent floods. Through a number of revisions, the old River Law served the needs of the times. As Japan's social and economic conditions underwent dramatic change, it became evident that minor revisions were no longer enough to meet the changing needs, and the River Law was completely revised in 1964. The law has underwent a number of minor revisions since then. Thus, introducing the River Law, which is founded on the pre-Meiji tradition and has evolved with Japan, to other countries is a meaningful undertaking. The publication of The River Law with Commentary by Article by the Infrastructure Development Institute, Japan, has been well timed. I hope this volume will be used by many people and thereby contribute to international exchanges in the area of river and water management. February 1999 Toshiki Aoyama Director General, River Bureau Ministry of Construction THE RIVER LAW with commentary by article THE RIVER LAW WITH COMMENTARY BY ARTICLE Legal Framework for River and Water Management in Japan FOREWORD This is an English translation of the River Law as of July 1997 with commentary by article. The River Law is the legal foundation of river management in Japan, including flood control and water resources development. The River Law was first enacted and promulgated in 1896, commonly known as the old River Law. This was one of the earliest, comprehensive, and modern river codes in the world. In 1964, the old River Law was replaced by a new one to accommodate changes in the social and economic environment. The present River Law (Law No.167 of 1964) was promulgated on July 10, 1964 and took effect on April 1, 1965 covers all aspects of river administration, namely: flood control and damage mitigation; water resources utilization and development; land and river water administration, including river zone and water use permission systems. The most recent amendment or reinforcement of the River Law also includes fluvial environment conservation as a clear objective of the river administration. The River Law in 1997 is supported by corresponding government ordinances, Ministry of Construction ordinances and other orders and regulations. The purpose of this publication is to provide the full text of the most recent version of the River Law together with relevant ordinances and commentary and thus introduce the legal framework for river administration in Japan. We hope that this publication will be useful for international cooperation in the area of the river and water resources administration. February 1999 Hiroaki Tamamitsu President Infrastructure Development Institute - Japan THE RIVER LAW with commentary by article THE RIVER LAW WITH COMMENTARY BY ARTICLE Legal Framework for River and Water Management in Japan PREFACE The river never ceases to flow, and yet the water will never be the same again. Foam floating on the pools disappears and reappears, never lingering long. So it is with man and his abode here on earth . [Kamo-no-Chomei (1155-1216), Hojoki] A great creation of nature and a cradle of humankind, rivers have always been a major factor in the birth and development of civilizations. It is true that rivers never cease to flow, but, from the perspective of human beings, rivers vary considerably depending on time and place. River administration, therefore, requires flexibility according to changing social conditions, although the general rules must be observed wherever applicable. The original River Law, which combined the pre-Meiji tradition of Japanese river administration with Western logic, was later expanded and revised to meet the needs of the times, while adhering to the doctrine of river administration that rivers are common property belonging to the people of Japan. The River Law with Commentary by Article is an attempt at explaining the background of the law, along with the related government and MOC (Ministry of Construction) ordinances, for the convenience of those involved in river and water management in other countries. I hope that the present volume will be a help in developing a legal framework for river administration and water management. Finally, a word of caution: The commentaries on the laws and regulations contained here are my own interpretations and should by no means be construed as official reading. February 1999 Toshikatsu Omachi Infrastructure Development Institute - Japan THE RIVER LAW with commentary by article THE RIVER LAW WITH COMMENTARY BY ARTICLE Legal Framework for River and Water Management in Japan Background of the River Law Flood control project that have been undertaken since the Meiji Period (1867-1912) have steadily increased safety in river basins against floods, rapidly expanding rich paddies and urban areas on flood-prone areas. In response to a succession of major disasters that struck Japan in the postwar years and social and economic losses due to flooding in areas undergoing rapid urbanization, various disaster rehabilitation and flood mitigation measures were taken. At the same time, water resources development projects, including the construction of dams to meet the growing demand for water, were undertaken. These efforts made rapid growth of society and economy possible, laying the foundations for today's economy and society in Japan. Thus, river and water management in modern Japan evolved in the process of building a modern country and national strength during and after the Meiji Period (1867-1912), and in the process of rehabilitating the war-devastated economy and society, pursuing economic growth and raising the living standard of the people. To cope with the problems encountered in these years, Japan continiously developed its legal systems and found ways to solve those problems. The sections that follow presents a review of the centennial history of river and water management in modern Japan and outlines current problems in flood control, water utilization, the environment and other areas. 1. River and water management in pre-modern period (1) Flood mitigation by local countermeasures (-1867) It is said that the oldest flood control project in Japan on record dates back to around the third century, when embankments called manda-zutsumi were built along the Yodo River. Before this project, however, the construction of facilities, such as irrigation ponds, channels to draw irrigation water from rivers and drainage works for wetland development, had been already practiced. With the growth of society and economy and advances in engineering in the subsequent years, river works gradually increased in size, and river improvement designed for rice field development and navigation began to be undertaken. Typical examples of this type of projects include the relocation of the Tone River channel toward east to protect Edo (present Tokyo) and excavation of new channel for the Yamato River carried out in the Edo Period (1603-1867). Projects in devastated mountains primarily involved restriction on deforestation and mountain forest control, except in some regions. Flood control in those days depended mainly on local countermeasures. Flood control measures, which were designed according to factors such as the importance of the area to be protected and natural land characteristics, included the construction of embankments of different heights on the right and left banks or at different locations along the same river so as to protect valuable nearby farms and rice fields and local communities. Embankments were built not along rivers but around THE RIVER LAW with commentary by article

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