4.1 Major River Basins and Water Resource Development
93
shortage comes from water pollution, but in Northern China the shortage is due to
limited resources. Given the significant variety among river basins in China, it is
critical to address river basin challenges in the water sector.
4.2 River Basin Management in China: Legal Framework
China adopts a centralized system. All legislation issued at the central level must be
implemented at the local provincial and county levels. Therefore, the legal framework
for river basin management developed at the national level must be enforced within
each river basin regardless of the diversity of river basin water resources and issues.
The history of modern water legislation in China is short. The first Water Law
of the PRC was issued in 1988. In terms of river basin management legislation, the
1988 Water Law only states, “in the development and utilisation of water resources
as well as in controlling water disasters, overall planning shall be undertaken with
river basin or region as the basic unit.”
The 2002 Water Law is more descriptive. The law prescribes a water resources
management institution; planning, development, and utilization; protection, allocation, and saving; and dispute resolution, enforcement, and legal liabilities. The 2002
Water Law developed the Chinese river basin management framework to include an
institutional setting and systematic design to implement river basin management, as
well as establishing a relationship with jurisdictional management. The law outlined a
river basin management framework covering water resource planning, water resource
development and use, water resource protection, water resource allocation, and water
dispute resolutions.
At the same time, other water-related legislation defines the specific issues in river
basin management as follows:
The Flood Control Law. This law dictates that flood-control works are conducted
by a system of integrated planning according to river basin or region, hierarchical
implementation, and river basin management combined with jurisdictional management (Article 5, 1997 Flood Control Law). RBOs set up by WAD of the State Council
for major state rivers and lakes have responsibility of coordination, supervision, and
management for flood control. According to laws, decrees, and entitlements from
the WAD of the relevant State Council, the flood-control headquarters in major state
rivers and lakes, consisting of provincial and RBO leaders and with its operational
agency setup in RBOs, direct flood-control works in relevant jurisdictions (Article 8).
River course and lakes are managed according to the principles of river system integrated management and hierarchical management (Article 21, 1997 Flood Control
Law; Article 21, 2016 Flood Control Law).
The Water Pollution Control Law. This law dictates that water pollution shall
be planned based on river basin or region (Article 10, 1996 Water Pollution Control
Law; Article 15, 2008 Water Pollution Control Law; Article 16, 2017 Water Pollution
Control Law). The water resources protection agency in the state major rivers and
93
shortage comes from water pollution, but in Northern China the shortage is due to
limited resources. Given the significant variety among river basins in China, it is
critical to address river basin challenges in the water sector.
4.2 River Basin Management in China: Legal Framework
China adopts a centralized system. All legislation issued at the central level must be
implemented at the local provincial and county levels. Therefore, the legal framework
for river basin management developed at the national level must be enforced within
each river basin regardless of the diversity of river basin water resources and issues.
The history of modern water legislation in China is short. The first Water Law
of the PRC was issued in 1988. In terms of river basin management legislation, the
1988 Water Law only states, “in the development and utilisation of water resources
as well as in controlling water disasters, overall planning shall be undertaken with
river basin or region as the basic unit.”
The 2002 Water Law is more descriptive. The law prescribes a water resources
management institution; planning, development, and utilization; protection, allocation, and saving; and dispute resolution, enforcement, and legal liabilities. The 2002
Water Law developed the Chinese river basin management framework to include an
institutional setting and systematic design to implement river basin management, as
well as establishing a relationship with jurisdictional management. The law outlined a
river basin management framework covering water resource planning, water resource
development and use, water resource protection, water resource allocation, and water
dispute resolutions.
At the same time, other water-related legislation defines the specific issues in river
basin management as follows:
The Flood Control Law. This law dictates that flood-control works are conducted
by a system of integrated planning according to river basin or region, hierarchical
implementation, and river basin management combined with jurisdictional management (Article 5, 1997 Flood Control Law). RBOs set up by WAD of the State Council
for major state rivers and lakes have responsibility of coordination, supervision, and
management for flood control. According to laws, decrees, and entitlements from
the WAD of the relevant State Council, the flood-control headquarters in major state
rivers and lakes, consisting of provincial and RBO leaders and with its operational
agency setup in RBOs, direct flood-control works in relevant jurisdictions (Article 8).
River course and lakes are managed according to the principles of river system integrated management and hierarchical management (Article 21, 1997 Flood Control
Law; Article 21, 2016 Flood Control Law).
The Water Pollution Control Law. This law dictates that water pollution shall
be planned based on river basin or region (Article 10, 1996 Water Pollution Control
Law; Article 15, 2008 Water Pollution Control Law; Article 16, 2017 Water Pollution
Control Law). The water resources protection agency in the state major rivers and