水土保持任務為公益性之公共任務，是憲法基本國策之要求，但其履行方式，立法者有其形成自由。現行水土保持法基於公益之必要，課以對私有土地有一定事實管理支配關係之人，具有社會義務而為水土保持義務人，負有狀態責任，然非無界限。國家仍有為維護其領土之健全，並基於保護義務，保護人民之自由權利及安全之職責，而承擔水土保持之義務，故亦有保障及監督責任，不能置身度外。其具體實踐，應運用相關法律原則，以危害防止之手段，維持公共秩序與安全，顧及土地利用及自然保育，各機關間權責分明、分工合作及有效之管制責任。國家履行其水土保持義務過程中，如致人民權利受損，亦應負國家賠償責任與損失補償責任。每逢颱風暴雨即易成災，再次的驗證水土保持是當前刻不容緩的重要課題。應群策群力，國土規劃之研究及推動，自然是當前與後續應予關注並努力之議題。

The Duty of Soil and Water Conservation is public mission, and it is the demand of national policy of Constitution, but the legislation has Legislative Discretion freedom to realize it. Now, the law of soil and water conservation demand the people who have right to dominate their own land to have the social obligation to conserve soil and water depend on the necessary of public welfare, but it has the limitation. Nation has the duty of soil and water conservation for keeping the dominion well and protecting the right, the freedom and the security of people based on the obligation of protection. Therefore it should take the responsibility of the guarantee and supervision. To achieve it concretely, Nation should maintain the public order and security with the means of damage preventing by using the related law principle, and give consideration to the using of the land, the protection and development of nature, the distinction of every organization of government between power and duty, the cooperation of each other and the responsibility of managing effectively. If Nation damages the right of people during the process of executing the obligation of Soil and Water Conservation, it has the responsibility of indemnification and compensation. Catastrophe happens easily when a typhoon comes. It proves that the Soil and Water Conservation is an important lesson which could not be delayed currently. The issue of studying and moving to schematize the land of state should naturally be focused and strived by all of us, from now on.