Issues on China Water Law and Water Resources Management

1
Issues on China Water Law andWater Resources
Management

• LIU Heng
• Nanjing Hydraulic Research Institute

2
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

3
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.

4
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 countrys economic development
  process. -- 1993

5
WRM

• HOW The whole set of technical, institutional,
  managerial, legal and operational activities
  required to plan, develop, operate and manage
  water resources.

6
Water Law and WRM

• Water Law is the base of Water resources
  development, use, saving, protection management,
  and disaster prevention
• (Definition in Water Law)

7
Laws regarding water

• Water Law (1988) and (2002)
• Flood control law
• Water and soil conservation law
• Water license regulation

8
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

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Former Water Law (1988)

• 1, General provisions
• 2, Development and utilization
• 3, Protection of water, water bodies and water
  projects
• 4, Management of water use
• 5, Flood control and flood fighting
• 6, Legal liability
• 7, Supplementary provisions

10
FWL (1988) new challenges

• Enhancement
• New sources development
• Economic benefits

• Less attention
• Water saving and protection
• Ecosystem and environment protection

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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

12
FWL (1988) new challenges

• Management institution
• UNIFICATION of integrated management and multiple
  levels (classes) and multiple sectors
• River basin functions were not very clear

13
FWL (1988) new challenges

• Legal liability and responsibility
• The articles were very general
• Measures were not practical
• Liability and execution were not critical

14
New Water Law (2002)

• It will be into force as of
• New concepts, new characters, new start point.
• 8 chapters, 82 articles

1 Oct. 2002
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Water Law (2002)

• 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

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New concepts

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

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New characters

• 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

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New characters

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

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Planning system
Integrated Development, use, saving, protection
and disaster mitigation Special Flood control,
drainage, irrigation, navigation, supply,
hydropower, protection, water and soil
conservation etc.
20
New characters

• Water Allocation
• Middle and long term planning
• Water allocation plan/operation
• Water License
• Water Accounting / staged price system
• Water Saving

21
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

22
New characters

• Water conflict disposal
• Local Government (county level and up )
• River Basin authority
• Basic principles present state
• Water administration supervision
• Monitoring
• Investigation
• Supervision

23
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

24
New Institutions/System

• Water body Protection
• Function zoning
• Total pollutant release control
• Water quantity and quality

25
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.

26
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

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• THANKS