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 : Flood Too limited:Shortage Too dirty:Pollution

Water Problems in China Flooding: 1954 and 1998 Yangtze floods, about 100-year flood occurred, caused big disasters. Flooding: 1954 and 1998 Yangtze floods, about 100-year flood occurred, caused big disasters. Water shortages: 400 cities, 6 Billion m 3. Annually water shortage Billion m 3. Water shortages: 400 cities, 6 Billion m 3. Annually water shortage Billion m 3. Water pollution: 50% of river, 90% of city water body. Polluted water R. 58 billion ton. 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 : 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 : WRM is to ensure the sustainability of the water environment for multiple uses as an integral part of a country ’ s economic development process : WRM is to ensure the sustainability of the water environment for multiple uses as an integral part of a country ’ s economic development process

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) (Definition in Water Law)

Laws regarding water Water Law (1988) and (2002) Water Law (1988) and (2002) Flood control law Flood control law Water and soil conservation law Water and soil conservation law Water license regulation Water license regulation ……… ………

Former Water Law (1988) July 1, 1988, Water Law was come into force, i.e., first water law in China. 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. Prepared 11 years, participated by many ministries, multiple sector agreed. Played very important roles for water issues in past 14 years Played very important roles for water issues in past 14 years 7 chapters and 53 articles 7 chapters and 53 articles

Former Water Law (1988) 1, General provisions 1, General provisions 2, Development and utilization 2, Development and utilization 3, Protection of water, water bodies and water projects 3, Protection of water, water bodies and water projects 4, Management of water use 4, Management of water use 5, Flood control and flood fighting 5, Flood control and flood fighting 6, Legal liability 6, Legal liability 7, Supplementary provisions 7, Supplementary provisions

FWL (1988) – new challenges Enhancement New sources development New sources development Economic benefits Economic benefits Less attention Water saving and protection Water saving and protection Ecosystem and environment protection Ecosystem and environment protection

FWL (1988) – new challenges Management regulation and mechanism 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 UNIFICATION of integrated management and multiple levels (classes) and multiple sectors River basin functions were not very clear River basin functions were not very clear

FWL (1988) – new challenges Legal liability and responsibility The articles were very general The articles were very general Measures were not practical Measures were not practical Liability and execution were not critical Liability and execution were not critical

New Water Law (2002) It will be into force as of It will be into force as of New concepts, new characters, new start point. New concepts, new characters, new start point. 8 chapters, 82 articles 8 chapters, 82 articles 1 Oct. 2002

Water Law (2002) 1, General provisions 1, General provisions 2, Water Resources Planning 2, Water Resources Planning 3, Development and utilization 3, Development and utilization 4, Protection of water resources, water body and water project 4, Protection of water resources, water body and water project 5, Water allocation and saving use 5, Water allocation and saving use 6, Water conflict disposal and supervision 6, Water conflict disposal and supervision 7, legal liability 7, legal liability 8, supplementary provisions 8, supplementary provisions

New concepts Sustainable development, through sustainable water use to support socio- economic SD Sustainable development, through sustainable water use to support socio- economic SD Experiences from foreign water law, such workshop of water laws, bilateral discussion Experiences from foreign water law, such workshop of water laws, bilateral discussion Problems orientated: water saving, planning, institution, allocation, protection … Problems orientated: water saving, planning, institution, allocation, protection …

New characters Water rights: owner and use rights Water rights: owner and use rights –Article 3: Water resources, owned by the state –Article 7: Water license system –Article 25: Farmer protection –Article 48: Water license and water fee

New characters Water Planning Water Planning –Former only one article –Now one chapter, 6 articles Planning System Planning System –Strategy Planning –River Basin Planning –Regional WR Planning

Planning system National strategy planning River basin planning Integrated Planning/Special Planning Regional 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 Water Allocation –Middle and long term planning –Water allocation plan/operation –Water License –Water Accounting / staged price system –Water Saving

New characters Water Saving Water Saving –New Water Law: 19 articles –Former Water Law: 4 articles only –Objective: Water saving society Principles and Policies Principles and Policies Regulation and Technology Regulation and Technology

New characters Water conflict disposal Water conflict disposal – Local Government (county level and up ) – River Basin authority – Basic principles: present state Water administration supervision 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. 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 One Dragon, not many dragons

New Institutions/System Water body Protection Water body Protection –Function zoning –Total pollutant release control –Water quantity and quality

New Measures Legal Liabilities 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: Water Law is the base, it is a milestone, however, we still need more endeavors on: Technical tools Technical tools Financial supports Financial supports Socialparticipation Socialparticipation Economic measures Economic measures Institution arrangements Institution arrangements Environmental protection Environmental protection

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