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 country’s 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

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

11. 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

15. Water Law (2002) • 1, General provisions • 2, Water ResourcesPlanning • 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

16. 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…

17. 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

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

19. 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

27. THANKS