댐사용권과 댐물 사용료에 관한 법적 분석

A legal analysis on the dam usage right and the tariffs of dam water

Overall dam construction process, dam usage right and tariffs of dam water of Korea have unique legal characteristics, which are not existing in other countries. Tariffs for the usage of dam water are generally regulated by "Act on Dam Construction and Assistance Programs to Dam-Neighboring Areas" and "Korea Water Resources Corporation Act". The definition of 'dam usage right' is the right to use a certain amount of water from a multipurpose dam for specific purposes by securing it in a designated area. Dam usage rights holders who contributed the construction cost of multi-purpose dam or any grantee of those rights from relevant authority shall collect the tariffs from the dam water users. By allowing dam usage right holders to collect tariffs, the effectiveness of the dam usage right shall be increased. There have been disputes regarding charging tariffs for dam water. Tariffs are not only apply to water stored in dam but also to the water in downstream that's discharged from dam. Consequently, it is reasonable that dam usage right holders have the right to make signing a contract with demander of downstream water and thus it enables to perform the purposes of dam usage right. On the other hand charging tariffs do not include below standard droughty flow66). In other words, below standard droughty flow shall not be charged tariffs even though discharged from dam. Paragraph (2), Article 35 in the "Act on Dam Construction and Assistance Programs to Dam-Neighboring Areas" regulates dam usage right holders or any grantee of those rights from relevant authority shall determine the tariffs within the amount of actual expenses that they have spent while considering the quantity of water of users based on article 20, paragraph (1) or the contributed amount under Article 33 a holder of right for dam use or any grantee of those rights from relevant authority. Paragraph (1) of Article 16 in the "Korea Water Resources Corporation Act", however, regulates that tariffs shall be collected from users of water supplied from the facility for the water resources development with considering its construction cost, and O&M(operation and maintenance) of the facility based on the amount used by users. It seems these two acts conflict each other. However, it is reasonable to interpret the article 35 of "Act on Dam Construction and Assistance Programs to Dam-Neighboring Areas" as dam usage right holders shall collect tariffs which include the costs of O&M for multipurpose dam. To increase the effectiveness of the dam usage right which is designed for construction cost recovery, it is critical to interpret the act as collecting tariffs which include the actual expenses spent for O&M for multipurpose dam. By interpreting these two acts through above fashion and logic, a contradiction between "Act on Dam Construction and Assistance Programs to Dam-Neighboring Areas" and "Korea Water Resources Corporation Act" shall be settled.