On the Legal System for the Right to Develop and Utilize Water Energy Resources in China Dr.Wang Mingyuan Professor and Director Center for Environmental, Natural Resources and Energy Law Tsinghua University, Beijing, China

Content 1. Introduction 2. Applicable legal basis 3. Meaning, nature, subject, object and contents 4. Challenges of the system on the right to develop and utilize water energy resources 5. Thought of constructing the system 6. Conclusion

1. Introduction To establish the right to develop and utilize water energy resources by laws: key of market mechanism for the development of water energy resources; No nationwide legal system on the right to develop and utilize water energy resources; Local systems on the right to develop and utilize water energy resources on a paid basis.

2. Applicable legal basis of the right to develop and utilize water energy resources in China China's legislations at the level of state fail to establish the system; Only some abstract provisions in such legislations, for example, the Water Law and the Renewable Energy Law provide the regulation of the development and utilization of water energy resources; Some articles relating to the development and utilization of water energy resources in the Administrative License Law; The Provisions on the Administration of Renewable Energy Power Generation specifies the scope that NDRC and the provincial people’s government competent authorities are responsible for approval or ratification of hydropower projects; Local regulations for the system.

3.Meaning, nature, subject, object and contents of the right to develop and utilize water energy resources in China ( Ⅰ ) Meaning - refers to the right relating to the development and utilization of water energy resources by laws through the administrative license procedure affiliated to the ownership of water resources; ( Ⅱ ) Nature - is a kind of franchised property; ( Ⅲ ) Subject - the applicable local regulations only make the abstract definition of the subject qualification and condition of the operators for development and utilization;

3. Meaning, nature, subject, object and contents of the right to develop and utilize water energy resources in China ( Ⅳ ) object - water energy resources owned by the state, which is functional value of water, rather than the consumption of water resources; ( Ⅴ ) Contents -The principle of paid assignment; -Rights and duties of the assigner and assignee

4. Challenges of the system on the right to develop and utilize water energy resources which is faced with in China Absence of overall and special legislation; Insufficient implementation of sustainable development conception; The use of resources without compensation caused a grave waste; Absence of administrative and protection system of the right; The environmental and other public interests are disregarded in the development of water energy resources.

5. Thought of constructing the system on the right to develop and utilize water resources in China To enact the Regulations for the Administration of Water Energy Resources - define the nationwide administrative system of water energy resources; - construct the administrative system for water energy resources, taking the system of the right to develop and utilize water energy resources as the basis and core; The application of the Stakeholder Theory

6. Conclusion The key and starting point of the market-based mode of the development and utilization of water energy resources is the establishment and protection of the right to develop and utilize water energy resources by laws; The current absence of legislations at the state level and the limited development of local regulations fail to meet the need of efficient, orderly, reasonable and fair development and utilization of water energy resources in China; To construct the system and mechanism on the administration of water energy resources taking the right to develop and utilize water energy as core is urgently significant to maintain the energy safety, push the low- carbon economic development and social progress.

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