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Chapter 3. Functional Comparison of the International Legal Water Regimes in

3.1. Functions of the International Legal Water Regime in the Mekong River Basin

3.1.4. Flood and Drought

Floods have a huge impact on agriculture in the Mekong Region, primarily because of the damage they tend to cause. For example, floods can cause people to lose their home and even their lives, destroy property and infrastructure as well as hinder the cultivation of crops. However, many people neglect the fact that floods can also bring social, environmental and economic benefits: In the Mekong Region, for instance, floods can drive the basin’s fisheries.379 Floodwater can be stored for irrigation purposes and alleviate the seawater intrusion during the dry season.380381 Furthermore, annual floods can also recharge the groundwater and alleviate water pollution.382 Although the cost of damage caused by floods amounts to about 60 to 70 million dollars each year, the benefits derived from these floods can be estimated to be worth

379 Jacobs (n 93) 359.

380 Ibid.

381 Le Thi Viet Hoa, Nguyen Huu Nhan, Eric Wolanski, Tran Thanh Cong and Haruyama Shigeko,

‘The Combined Impact on the Flooding in Vietnam’s Mekong River Delta of Local Man-made Structures, Sea level rise, and Dams Upstream in the River Catchment’ (2007) 71 Estuarine, Coastal and Shelf Science 110, 116.

382 MRC, ‘Flood & Drought’ (Official Website of the MRC)

<http://www.mrcmekong.org/topics/flood-and-drought/> accessed 02 October 2016.

approximately 8 to 10 billion dollars. Therefore, it is important to improve flood management in the Mekong region so that we can make use of the benefits floods bring about while mitigating the costs incurred from damage. 383

There are various methods to minimize the risks of floods, such as improvement of land-use, establishment of regional flood emergency plan, better preparedness, and development of flood control etc. The MRC plays an important role with regards to basin-wide coordination of flood mitigation and maintenance of benefits for Member Countries. The MRC also takes the responsibility collecting data from hydro-meteorological stations, and predicts the water levels from 22 forecast points on the mainstream. These forecasts are sent to National Mekong Committees and other related agencies or organizations.384

Compared with the cost of floods, the cost of droughts is much greater, given that droughts produce little or no benefit, yet have consequences that are even more severe.

Droughts cause water shortages, reduction of income, and also disease. They can also negatively affect agriculture, fisheries and livestock raising. Therefore, the MRC and its Member Countries are making efforts to design strategies aimed at improving people’s lives in consideration of the negative impacts of droughts.385

The MRC’s important role can also be reflected by its river-monitoring service, the creation of the Flood Management and Mitigation (FMM) Strategy, and the establishment of the FMM Programme. The establishment of a Drought Management start-up project by the MRC was one part of the Information and Knowledge Programme in 2010.386 “It also provides facilitation on water and related issues, capacity building, and technology transfer for flooding issues of regional and trans-boundary relevance.”387

3.1.4.1.1. River Monitor Service

The MRC provides river monitor services to Member Countries, including flood forecasting. Firstly, the MRC monitors the river level all year round and provides related observations and forecasts. This information is sent to the national

383 Ibid.

384 Ibid.

385 Ibid.

386 Ibid.

387 Ibid.

governments, and can contribute to the existing national disaster forecast and warning systems.388

There are three parts in this river monitor service: daily observation and forecast, daily observation compared to long-term averages, and the real time observation. In the first part, daily observation and forecast, MRC collects data of water levels from 22 hydrological stations. During the flood season, the data is updated daily, and during the dry season, weekly. In the dry season, it is very important to observe low water levels and compare the information to the long-term average. Moreover, the hydrological stations also provide real time information, which is updated every two hours and summarized for 24-hour and 30-day time periods. 389

3.1.4.1.2. Flood Management and Mitigation Programme (FMMP)

The MRC’s FMMP aims to mitigate the negative impacts of floods while maintaining the flood-related benefits. Equipped with flood forecasting data and tools to mitigate negative impacts, the Regional FMM Center in Phnom Penh has helped national agencies manage a number of floods.390

This Programme provides forecasting and early warnings during the flood season.

Data is collected from 138 hydro-meteorological stations, and used to forecast the water levels at 23 points on the Mekong River system. Every day, the data is updated and sent to National Mekong Committees, NGOs, the media, and also the public by email, fax, and websites. Moreover, this Programme provides daily warnings of rising water levels to governmental agencies and communities in Cambodia and Lao PDR.

Flood markers and community billboards with information about current and predicted water levels have also been provided by this Programme. FMMP makes efforts to reach wide audiences throughout the Mekong River basin in various ways, such as online broadcasting, radio communication, guidebooks dissemination, and workshops. By taking the Mekong’s tributaries into consideration, the FMMP is also

388 MRC, ‘River Monitoring’ (Official Website of the MRC) <http://www.mrcmekong.org/mrc/river-monitoring/> accessed 02 October 2016.

389 Ibid.

390 MRC, ‘Flood Management & Mitigation Programme’ (Official Website of the MRC)

<http://www.mrcmekong.org/about-mrc/programmes/flood-management-and-mitigation-programme/>

accessed 02 October 2016.

developing a flash flood guidance system for mitigating the related risk for people and infrastructure.391

As one of the main platforms of FMMP to exchange information across expertise areas among regions, the regional Flood Forum supports dialogue and knowledge production, and coordinates “flood-management activities with planners, scientists, international organizations, and civil society organizations”392. The proceedings from the Forum are also important contents in MRC Conference Proceedings and Workshops publications.393

Obviously, the flood management is very important, and it relies on regional cooperation. By organizing training workshops, study visits, and other related activities, FMMP makes a significant contribution to the improvement of cross-regional cooperation and facilitates multi-layered information sharing. These measures help decision-makers to exchange their experiences and contribute to region-specific solution development.394

3.1.4.1.3. Drought Management Project

The Drought Management Start-up Project was established as one part of the Information and Knowledge Management Programme (IKMP).395 In accordance with the IKMP, information about water levels mitigation is updated on a daily basis and can be compared information from the previous year. This can help residents to plan local irrigation measures, fisheries and navigation.396 There have also been related supporting studies in response to increasing drought situations, such as vulnerability assessment, drought mapping and scenario development. The database on groundwater will also be set up for land use planning and implementation of the

391 Ibid.

392 Ibid.

393 Ibid

394 Ibid.

395 MRC, ‘Flood & Drought’ (Official Website of the MRC)

<http://www.mrcmekong.org/topics/flood-and-drought/> accessed 02 October 2016.

396 MRC, ‘Information & Knowledge Management Programme’ (Official Website of the MRC)

<http://www.mrcmekong.org/about-mrc/programmes/information-and-knowledge-management-programme/> accessed 02 October 2016.

procedure on water use monitoring.397 The MRC Data and Information Services Portal was also set up as part of the IKMP Programme, of which the drought monitor is an important part.398

3.1.4.2. Summary

In conclusion, floods do not always play a negative role in the Mekong River Basin.

They also bring advantages for regional agriculture, fisheries, water quality and other related aspects. Droughts, in contrast, offer no clear benefit to the region. Therefore, the MRC’s function with respect to floods and droughts can be said to aim at mitigating the adverse impacts and fostering the beneficial impacts of floods; to this end, the MRC has formulated a specific Programme, the FFMP, to manage and mitigate floods. In order to manage droughts, the MRC relies on another Programme, called the Information and Knowledge Management Programme, to keep observing the information and data during the dry season, and to help riparian residents improve their agricultural irrigation plans, land use planning, and water use monitoring. This function has mainly been implemented through data and information collection, as well as a monitoring and forecasting system.

3.1.5. Climate Change