Should the reservoir compensate the drowning person?

The responsibility of reservoir managers depends on whether warning signs are set up and whether there is any behavior of driving out of water; If the above two points are achieved by the reservoir manager, then the reservoir will no longer be responsible for the drowning incident.

According to the law of our country, if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. Therefore, only if the reservoir fails to fulfill its relevant obligations and causes damage to the special post, it will be liable for compensation. In addition, if the infringer is also at fault for the occurrence of the damage, the liability of the infringer can be reduced. If the damage is intentionally caused by the victim, the actor is not liable.

1 Flood control function of reservoir

Reservoir is one of the engineering measures widely used in flood control in China. A comprehensive reservoir with flood storage capacity should be built at an appropriate position in the upstream of the flood control area, and the flood storage capacity of the reservoir should be used to reduce the flood peak flow into the downstream river, so as to achieve the purpose of reducing flood disasters. There are two different ways for reservoir to regulate flood, one is flood detention and the other is flood storage.

(1) flood detention

Flood detention is to let the flood temporarily stay in the reservoir. When there is no gate control on the spillway of the reservoir and the water level of the reservoir is flush with the elevation of the spillway crest, the reservoir can only play the role of temporary flood interception.

(2) Flood storage function

In the case of spillway without sluice gate, in the stage of reservoir management and operation, if the reservoir water level can be reduced to the reservoir flood limit level before flood season, and the reservoir flood limit level is lower than the spillway crest elevation, the storage capacity between the flood limit level and the spillway crest elevation can play a role in flood storage. Part of the flood stored in the reservoir can play a planned role in the dry season.

When the spillway is equipped with gates, the reservoir can play a greater role in flood storage, and the reservoir can adjust the flow by changing the opening of the gates. Because of the gate control, the flood control limit water level of this kind of reservoir can be higher than the spillway crest, and the gate opening can be adjusted at any time to control the flow during flood discharge, which has dual functions of flood detention and storage.

2 the beneficial role of the reservoir

The precipitation that falls on the ground (partially seeps into the ground) in the basin is called river runoff after it is discharged into the river in different ways from the ground and underground. Due to the variability and non-repetition of river runoff, the incoming water is different from year to year, from season to season, and from region to region. Most water conservancy departments (such as irrigation, power generation, water supply, shipping, etc. ) need a relatively fixed water consumption and water consumption time, and their requirements are often not fully adapted to natural water supply. In order to solve the problem of redistribution of runoff in time and space and fully develop and utilize water resources to meet the requirements of water conservancy departments, people often build some reservoir projects on rivers. The beneficial function of the reservoir is to regulate runoff, store flood and make up for drought, so that natural water can meet the requirements of the water conservancy department in time and space.

Legal basis:

Article 1 198 of the Civil Code of People's Republic of China (PRC). Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.