Issues on China Water Law and Water Resources Management

Issues on China Water Law Issues on China Water Law andand

Water Resources Water Resources ManagementManagement

LIU HengLIU HengNanjing Hydraulic Research InstituteNanjing Hydraulic Research Institute

Water Resources Water Resources ManagementManagement

What:What: Different People have Different People have different ideas, since they may have different ideas, since they may have different water problems, such asdifferent water problems, such as

Too much : Too much : FloodFlood

Too limited:Too limited: ShortageShortage

Too dirty:Too dirty: PollutionPollution

Water Problems in ChinaWater Problems in China

• Flooding: 1954 and 1998 Yangtze floods, about Flooding: 1954 and 1998 Yangtze floods, about 100-year flood occurred, caused big disasters.100-year flood occurred, caused big disasters.

• Water shortages: 400 cities, 6 Billion mWater shortages: 400 cities, 6 Billion m33 . . Annually water shortage 30-40 Billion mAnnually water shortage 30-40 Billion m33 . .

• Water pollution: 50% of river, 90% of city Water pollution: 50% of river, 90% of city water body. Polluted water R. 58 billion ton. water body. Polluted water R. 58 billion ton.

WRM definitionWRM definition

• 1: WRM can be described in simplest 1: WRM can be described in simplest terms as having the right amount of water terms as having the right amount of water available for a particular use at the right available for a particular use at the right time and with the right quality. --1984time and with the right quality. --1984

• 2: WRM is to ensure the sustainability of 2: WRM is to ensure the sustainability of the water environment for multiple uses as the water environment for multiple uses as an integral part of a country’s economic an integral part of a country’s economic development process. -- 1993development process. -- 1993

WRMWRM

HOW:HOW: The whole set of The whole set of technical, instituttechnical, institutional, managerial, legal and operationional, managerial, legal and operational activitiesal activities required to plan, develop, o required to plan, develop, operate and manage water resources.perate and manage water resources.

Water Law and WRMWater Law and WRM

Water Law is the base of Water Water Law is the base of Water resources development, use, resources development, use, saving, protection management, saving, protection management, and disaster preventionand disaster prevention

(Definition in Water (Definition in Water Law)Law)

Laws regarding waterLaws regarding water

• Water Law (1988) and (2002)Water Law (1988) and (2002)

• Flood control lawFlood control law

• Water and soil conservation lawWater and soil conservation law

• Water license regulationWater license regulation

• ………………

Former Water Law (1988)Former Water Law (1988)

• July 1, 1988, Water Law was come into July 1, 1988, Water Law was come into force, i.e., first water law in China.force, i.e., first water law in China.

• Prepared 11 years, participated by many Prepared 11 years, participated by many ministries, multiple sector agreed. ministries, multiple sector agreed.

• Played very important roles for water Played very important roles for water issues in past 14 yearsissues in past 14 years

• 7 chapters and 53 articles7 chapters and 53 articles

Former Water Law (1988)Former Water Law (1988)

• 1, General provisions1, General provisions

• 2, Development and utilization2, Development and utilization

• 3, Protection of water, water bodies and 3, Protection of water, water bodies and water water projectsprojects

• 4, Management of water use4, Management of water use

• 5, Flood control and flood fighting5, Flood control and flood fighting

• 6, Legal liability6, Legal liability

• 7, Supplementary provisions7, Supplementary provisions

FWL (1988) – new FWL (1988) – new challengeschallenges

EnhancementEnhancement

• New sources New sources developmentdevelopment

• Economic benefitsEconomic benefits

Less attentionLess attention

• Water saving and Water saving and protectionprotection

• Ecosystem and Ecosystem and environment environment protectionprotection

FWL (1988) – new FWL (1988) – new challengeschallenges

• Management regulation and Management regulation and mechanismmechanism– Water savingWater saving– Planned water usePlanned water use– Water resources protectionWater resources protection

Some direct results: Water wasting, polSome direct results: Water wasting, pollution and low efficiencylution and low efficiency

FWL (1988) – new FWL (1988) – new challengeschallenges

Management institution Management institution

• UNIFICATION of integrated UNIFICATION of integrated management and multiple levels management and multiple levels (classes) and multiple sectors (classes) and multiple sectors

• River basin functions were not very River basin functions were not very clearclear

FWL (1988) – new FWL (1988) – new challengeschallenges

Legal liability and responsibilityLegal liability and responsibility

• The articles were very generalThe articles were very general

• Measures were not practicalMeasures were not practical

• Liability and execution were not Liability and execution were not critical critical

New Water Law (2002)New Water Law (2002)

• It will be into force as of It will be into force as of

• New concepts, new characters, new New concepts, new characters, new start point. start point.

• 8 chapters, 82 articles8 chapters, 82 articles

1 Oct. 20021 Oct. 2002

Water Law (2002)Water Law (2002)

• 1, General provisions1, General provisions

• 2, 2, Water ResourcesWater Resources PlanningPlanning

• 3, Development and utilization3, Development and utilization

• 4, Protection of water resources, water body 4, Protection of water resources, water body and water projectand water project

• 5, 5, Water allocation and saving useWater allocation and saving use

• 6, 6, Water conflict disposal and Water conflict disposal and supervisionsupervision

• 7, legal liability7, legal liability

• 8, supplementary provisions8, supplementary provisions

New conceptsNew concepts

• Sustainable developmentSustainable development, through , through sustainable water use to support sustainable water use to support socio-economic SDsocio-economic SD

• ExperiencesExperiences from foreign water law, from foreign water law, such workshop of water laws, bilateral such workshop of water laws, bilateral discussiondiscussion

• Problems orientatedProblems orientated: water saving, : water saving, planning, institution, allocation, planning, institution, allocation, protection…protection…

New charactersNew characters

• Water rights: owner and use Water rights: owner and use rightsrights

– Article 3: Water resources, owned by Article 3: Water resources, owned by the state the state

– Article 7: Water license systemArticle 7: Water license system– Article 25: Farmer protectionArticle 25: Farmer protection– Article 48: Water license and water feeArticle 48: Water license and water fee

New charactersNew characters

• Water Planning Water Planning – Former only one articleFormer only one article– Now one chapter, 6 articlesNow one chapter, 6 articles

• Planning SystemPlanning System– Strategy Planning Strategy Planning – River Basin PlanningRiver Basin Planning– Regional WR PlanningRegional WR Planning

Planning systemPlanning system

National strategy planning

River basin planning Regional planning

Integrated Planning/Special PlanningIntegrated 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 charactersNew characters

• Water AllocationWater Allocation

– Middle and long term planningMiddle and long term planning– Water allocation plan/operationWater allocation plan/operation– Water LicenseWater License– Water Accounting / staged price Water Accounting / staged price

systemsystem– Water SavingWater Saving

New charactersNew characters

• Water SavingWater Saving

– New Water Law: 19 articlesNew Water Law: 19 articles– Former Water Law: 4 articles onlyFormer Water Law: 4 articles only

– Objective: Water saving societyObjective: Water saving society•Principles and PoliciesPrinciples and Policies

•Regulation and TechnologyRegulation and Technology

New charactersNew characters

• Water conflict disposalWater conflict disposal– Local Government (county level and up )Local Government (county level and up )– River Basin authorityRiver Basin authority– Basic principles: present stateBasic principles: present state

• Water administration supervisionWater administration supervision – MonitoringMonitoring– InvestigationInvestigation– SupervisionSupervision

New Institutions/SystemNew Institutions/System

• Article 12:Article 12: Unification of river basin Unification of river basin management and regional management and regional management......management......River Basin River Basin AgencyAgency is authorized to execute the is authorized to execute the WR management and supervision WR management and supervision responsibilities in the RB.responsibilities in the RB.

• One Dragon, not many dragons One Dragon, not many dragons

New Institutions/SystemNew Institutions/System

•Water body ProtectionWater body Protection

– Function zoning Function zoning – Total pollutant release controlTotal pollutant release control– Water quantity and qualityWater quantity and quality

New MeasuresNew Measures

•Legal LiabilitiesLegal Liabilities

– Increased from 7 to 14 articles.Increased from 7 to 14 articles.– More detail, including administrative, More detail, including administrative,

financial and criminal penalty. financial and criminal penalty. – More practical, easy to identify and More practical, easy to identify and

clarify.clarify.

New law and new endeavors New law and new endeavors

• Water Law is the base, it is a Water Law is the base, it is a milestone, however, we still need milestone, however, we still need more endeavors on: more endeavors on:

•Technical toolsTechnical tools•Financial supportsFinancial supports•SocialSocial participationparticipation•Economic measuresEconomic measures•Institution arrangementsInstitution arrangements•Environmental protectionEnvironmental protection

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