Transcript Water Law and Water Resources Management

Issues on China Water Law and
Water Resources Management
LIU Heng
Nanjing Hydraulic Research Institute
Water Resources Management
What: Different People have different
ideas, since they may have different water
problems, such as
Too much :
Too limited:
Too dirty:
Flood
Shortage
Pollution
Water Problems in China
• Flooding: 1954 and 1998 Yangtze floods,
about 100-year flood occurred, caused big
disasters.
• Water shortages: 400 cities, 6 Billion m3 .
Annually water shortage 30-40 Billion m3 .
• Water pollution: 50% of river, 90% of city
water body. Polluted water R. 58 billion ton.
WRM definition
• 1: WRM can be described in simplest
terms as having the right amount of water
available for a particular use at the right
time and with the right quality. --1984
• 2: WRM is to ensure the sustainability of
the water environment for multiple uses
as an integral part of a country’s economic
development process.
-- 1993
WRM
HOW: The whole set of technical,
institutional, managerial, legal and
operational activities required to plan,
develop, operate and manage water
resources.
Water Law and WRM
Water Law is the base of Water
resources development, use, saving,
protection management, and disaster
prevention
(Definition in Water Law)
Laws regarding water
• Water Law (1988) and (2002)
• Flood control law
• Water and soil conservation law
• Water license regulation
• ………
Former Water Law (1988)
• July 1, 1988, Water Law was come into force,
•
i.e., first water law in China.
Prepared 11 years, participated by many
ministries, multiple sector agreed.
• Played very important roles for water
issues in past 14 years
• 7 chapters and 53 articles
Former Water Law (1988)
• 1, General provisions
• 2, Development and utilization
• 3, Protection of water, water bodies and water
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projects
4, Management of water use
5, Flood control and flood fighting
6, Legal liability
7, Supplementary provisions
FWL (1988) – new challenges
Enhancement
Less attention
• New sources
• Water saving and
•
•
development
Economic benefits
protection
Ecosystem and
environment
protection
FWL (1988) – new challenges
• Management regulation and mechanism
– Water saving
– Planned water use
– Water resources protection
Some direct results: Water wasting,
pollution and low efficiency
FWL (1988) – new challenges
Management institution
• UNIFICATION of integrated management
and multiple levels (classes) and multiple
sectors
• River basin functions were not very clear
FWL (1988) – new challenges
Legal liability and responsibility
• The articles were very general
• Measures were not practical
• Liability and execution were not critical
New Water Law (2002)
• It will be into force as of
1 Oct. 2002
• New concepts, new characters, new start
point.
• 8 chapters, 82 articles
Water Law (2002)
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1, General provisions
2, Water Resources Planning
3, Development and utilization
4, Protection of water resources, water body and
water project
5, Water allocation and saving use
6, Water conflict disposal and supervision
7, legal liability
8, supplementary provisions
New concepts
• Sustainable development, through
sustainable water use to support socioeconomic SD
• Experiences from foreign water law, such
workshop of water laws, bilateral discussion
• Problems orientated: water saving,
planning, institution, allocation,
protection…
New characters
• Water rights: owner and use rights
– Article
state
– Article
– Article
– Article
3: Water resources, owned by the
7: Water license system
25: Farmer protection
48: Water license and water fee
New characters
• Water Planning
– Former only one article
– Now one chapter, 6 articles
• Planning System
– Strategy Planning
– River Basin Planning
– Regional WR Planning
Planning system
National strategy planning
River basin planning
Regional planning
Integrated Planning/Special Planning
Integrated Planning/Special Planning
Integrated: Development, use, saving, protection and
disaster mitigation
Special: Flood control, drainage, irrigation, navigation,
supply, hydropower, protection, water and soil
conservation etc.
New characters
• Water Allocation
– Middle and long term planning
– Water allocation plan/operation
– Water License
– Water Accounting / staged price system
– Water Saving
New characters
• Water Saving
– New Water Law:
19 articles
– Former Water Law: 4 articles only
– Objective: Water saving society
• Principles and Policies
• Regulation and Technology
New characters
• Water conflict disposal
– Local Government (county level and up )
– River Basin authority
– Basic principles: present state
• Water administration supervision
– Monitoring
– Investigation
– Supervision
New Institutions/System
• Article 12: Unification of river basin
management and regional
management......River Basin Agency is
authorized to execute the WR
management and supervision
responsibilities in the RB.
• One Dragon, not many dragons
New Institutions/System
• Water body Protection
– Function zoning
– Total pollutant release control
– Water quantity and quality
New Measures
• Legal Liabilities
– Increased from 7 to 14 articles.
– More detail, including administrative,
financial and criminal penalty.
– More practical, easy to identify and
clarify.
New law and new endeavors
• Water Law is the base, it is a milestone,
however, we still need more endeavors on:
• Technical tools
• Financial supports
• Social
participation
• Economic measures
• Institution arrangements
• Environmental protection
THANKS