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5 Water Resources Allocation and Regulation
5.1.2 Allocation of Regional Supply to Water Abstractors
The allocation of water resources by a region to water abstractors (i.e., individuals or
legal entities) is managed through a water abstraction permit system. Article 7 of the
2002 Water Law requires that the state implements a water abstraction permit system,
and Article 48 requires that units or individuals that take water directly from rivers,
lakes, or underground aquifers must apply for a water abstraction permit. Exemptions
from this requirement exist, such as for members taking water from rural collective ponds, and reservoirs; taking a small quantity of water for domestic purposes
and for watering livestock; and temporary emergency taking for safe production of
underground engineering, eliminating threats to public security and interests, agricultural drought resistance or eco-environmental protection (Article 4, Regulation
on the Management of Water Abstraction Permits and Water Resources Fee Collection). The regulation controls all water abstraction facilities, including sluices, dams,
canals, water pumps, water wells, and hydropower stations (Article 2, Regulation on
the Management of Water Abstraction Permits and Water Resources Fee Collection).
The regulation develops the linkage between the permit system and river basin
and regional water resources allocation. Article 15 stipulates that the approved water
resource allocation plan or signed agreement is the basis for defining river basin or
regional water abstraction caps.
In addition to considering the total volume available (as defined by the relevant
plans), permit approval is mainly weighed against water use quotas, which are set
by the provincial water department in conjunction with the quality supervision and
inspection administrative departments (Article 16, Regulation on the Management
of Water Abstraction Permits and Water Resources Fee Collection). These quotas
recognize standard usage levels for certain industrial products/processes or agricultural crops or services (e.g., for a power plant of a given size, or volume per room
for a four-star hotel).
The technical support document for water abstraction applications consists of a
water resources justification report, as described in Sect. 2.2.5 (Article 11, Regulation
on the Management of Water Abstraction Permits and Water Resources Fee Collection). The conditions on an abstraction permit include the name of the abstractor;
abstraction location, instrument, and volume; purpose; water source type; duration
(between 5 and 10 years); and return flow site, instrument, volume, and water quality
requested (Article 24).
In addition to the regulation, MWR and local water departments issue detailed
technical guidelines governing the application and assessment of abstraction permits,
such as the 2008 Water Abstraction Management Methods by MWR.
The regulation also prohibits the granting of abstraction permits under certain
circumstances. Such circumstances include where abstraction would increase water
abstraction volumes in an area above the cap set by the water resources allocation
plan, where significant harm might result for water function zones, groundwater
abstraction where the public water supply network meets its water needs, or where
5 Water Resources Allocation and Regulation
5.1.2 Allocation of Regional Supply to Water Abstractors
The allocation of water resources by a region to water abstractors (i.e., individuals or
legal entities) is managed through a water abstraction permit system. Article 7 of the
2002 Water Law requires that the state implements a water abstraction permit system,
and Article 48 requires that units or individuals that take water directly from rivers,
lakes, or underground aquifers must apply for a water abstraction permit. Exemptions
from this requirement exist, such as for members taking water from rural collective ponds, and reservoirs; taking a small quantity of water for domestic purposes
and for watering livestock; and temporary emergency taking for safe production of
underground engineering, eliminating threats to public security and interests, agricultural drought resistance or eco-environmental protection (Article 4, Regulation
on the Management of Water Abstraction Permits and Water Resources Fee Collection). The regulation controls all water abstraction facilities, including sluices, dams,
canals, water pumps, water wells, and hydropower stations (Article 2, Regulation on
the Management of Water Abstraction Permits and Water Resources Fee Collection).
The regulation develops the linkage between the permit system and river basin
and regional water resources allocation. Article 15 stipulates that the approved water
resource allocation plan or signed agreement is the basis for defining river basin or
regional water abstraction caps.
In addition to considering the total volume available (as defined by the relevant
plans), permit approval is mainly weighed against water use quotas, which are set
by the provincial water department in conjunction with the quality supervision and
inspection administrative departments (Article 16, Regulation on the Management
of Water Abstraction Permits and Water Resources Fee Collection). These quotas
recognize standard usage levels for certain industrial products/processes or agricultural crops or services (e.g., for a power plant of a given size, or volume per room
for a four-star hotel).
The technical support document for water abstraction applications consists of a
water resources justification report, as described in Sect. 2.2.5 (Article 11, Regulation
on the Management of Water Abstraction Permits and Water Resources Fee Collection). The conditions on an abstraction permit include the name of the abstractor;
abstraction location, instrument, and volume; purpose; water source type; duration
(between 5 and 10 years); and return flow site, instrument, volume, and water quality
requested (Article 24).
In addition to the regulation, MWR and local water departments issue detailed
technical guidelines governing the application and assessment of abstraction permits,
such as the 2008 Water Abstraction Management Methods by MWR.
The regulation also prohibits the granting of abstraction permits under certain
circumstances. Such circumstances include where abstraction would increase water
abstraction volumes in an area above the cap set by the water resources allocation
plan, where significant harm might result for water function zones, groundwater
abstraction where the public water supply network meets its water needs, or where