4.4 RBO in China: Institutional Setting
103
Lack of effective regulatory instruments. RBOs lacked administrative management and enforcement rights. The law defined river basin plans as the basis for water
resource management and development but did not clarify the enforcement agency
and procedures, which resulted in RBOs’ inability to manage activities violating
the plan. The other issue is that RBOs did not have the rights to manage key river
basin projects, except direct-control interprovincial river courses with severe water
conflicts in the Yellow, Huai, and Hai River Basins.
Lack of coordination mechanisms. RBOs were agencies set up by MWR to plan,
develop, and manage water resources, but they did not allow for the participation of
relevant departments and local governments for coordination and decision-making.
Limits in functions of MWR. After the 1998 governmental restructuring efforts,
MWR was defined as the WAD of the State Council, but the management functions of
hydropower, navigation, and water pollution control were assigned to other departments. RBOs, as the residential missions of MWR, were limited by the functions of
MWR.
Internal structural problems of RBOs. RBOs were set up for extensive river basin
development. When coupled with infrastructure construction, they formed a technical team with project plans and survey, design, building, and operation expertise
that were dependent on the governmental budget. Under the planned economy, this
team emphasized technical and engineering management rather than water resource
management and water administration.
These deficiencies in river basin management and RBOs from the 1980s were
revealed in the 1991 Tai Lake and Huai River floods. The State Council’s water
legislation after 1991—including the 1991 Regulation of Flood Control, 1993 Water
Abstraction Permit Implementation Methods, and 1995 Huai River Basin Temporary
Regulation for Water Pollution Prevention and Control—concentrated on river basin
management and defined the functions of RBOs in water affairs. However, each of
these were based on the 1988 Water Law, making the need to revise the 1988 Water
Law evident.
4.4.1.5 2002 to the Present
The 1988 Water Law was revised in 2002. In terms of river basin management, the
law prescribes that “the state shall exercise a water resource management system of
river basin management in conjunction with jurisdictional management. The WAD
under the State Council shall be in charge of the unified administration and supervision of water resources throughout the country. The RBOs set up by the WAD under
the State Council on the state designated major rivers and lake(s) shall exercise within
their jurisdictions their water resource management and supervision responsibilities
as prescribed by the laws and administrative statutes and assigned by the WAD under
the State Council. The WAD of local people’s governments at or above the county
103
Lack of effective regulatory instruments. RBOs lacked administrative management and enforcement rights. The law defined river basin plans as the basis for water
resource management and development but did not clarify the enforcement agency
and procedures, which resulted in RBOs’ inability to manage activities violating
the plan. The other issue is that RBOs did not have the rights to manage key river
basin projects, except direct-control interprovincial river courses with severe water
conflicts in the Yellow, Huai, and Hai River Basins.
Lack of coordination mechanisms. RBOs were agencies set up by MWR to plan,
develop, and manage water resources, but they did not allow for the participation of
relevant departments and local governments for coordination and decision-making.
Limits in functions of MWR. After the 1998 governmental restructuring efforts,
MWR was defined as the WAD of the State Council, but the management functions of
hydropower, navigation, and water pollution control were assigned to other departments. RBOs, as the residential missions of MWR, were limited by the functions of
MWR.
Internal structural problems of RBOs. RBOs were set up for extensive river basin
development. When coupled with infrastructure construction, they formed a technical team with project plans and survey, design, building, and operation expertise
that were dependent on the governmental budget. Under the planned economy, this
team emphasized technical and engineering management rather than water resource
management and water administration.
These deficiencies in river basin management and RBOs from the 1980s were
revealed in the 1991 Tai Lake and Huai River floods. The State Council’s water
legislation after 1991—including the 1991 Regulation of Flood Control, 1993 Water
Abstraction Permit Implementation Methods, and 1995 Huai River Basin Temporary
Regulation for Water Pollution Prevention and Control—concentrated on river basin
management and defined the functions of RBOs in water affairs. However, each of
these were based on the 1988 Water Law, making the need to revise the 1988 Water
Law evident.
4.4.1.5 2002 to the Present
The 1988 Water Law was revised in 2002. In terms of river basin management, the
law prescribes that “the state shall exercise a water resource management system of
river basin management in conjunction with jurisdictional management. The WAD
under the State Council shall be in charge of the unified administration and supervision of water resources throughout the country. The RBOs set up by the WAD under
the State Council on the state designated major rivers and lake(s) shall exercise within
their jurisdictions their water resource management and supervision responsibilities
as prescribed by the laws and administrative statutes and assigned by the WAD under
the State Council. The WAD of local people’s governments at or above the county