Chapter 6
Water Rights System
Abstract This chapter deals with the legal aspects of the water rights system in
China. It introduces the water rights system and its development, its challenges,
and suggestions to improve the system. First, the development of the water rights
system in China is briefly outlined. Then, the legal framework for this system, which
consists of the Constitution of the PRC, the General Principles of Civil Law, the
Property Rights Law, and the Water Law, is analyzed. The legally defined water
rights are examined, including ownership rights, collective use rights, regional water
rights, water abstraction rights, and water rights certificates and water tickets. Finally,
current challenges are identified and suggestions to develop and improve the water
rights system are proposed.
Keywords Water rights · Ownership rights · Collective use rights · Regional water
rights · Water abstraction rights · Water rights certificates and water tickets
Broadly, water rights refer to formal or legally defined rights, such as water abstraction rights granted by permit in China, or rights concerning the specified volume for
various water resources allocation plans, agreements, and contracts. This category
also includes informal rights, such as traditional water access rights, rights that do
not require legal grant or approval, and so on. Furthermore, the right to water does
not only refer to the rights stipulated by law and formally designated as “rights,” such
as the ownership and water abstraction rights enshrined in the Water Law of China,
but it also includes the rights stipulated by law but not officially named as “rights,”
such as the small amount of water granted to humans and livestock in rural areas.
In general, water rights include three forms of entitlement. First, natural water
rights considered necessary to sustain life, such as the right to a limited amount
of domestic water use for humans and livestock. Second, traditional water rights
that are customarily possessed (including those that are later formally recognized by
law), such as riparian rights or certain rights related to traditional and folk customs.
Third, legal water rights that are specifically stipulated by legislation. This category
The chapter is based on Shen et al. (2020) Water use control system in China. International journal
of water resources development, 36(4): 590–609; and WET (2006) Water entitlements and trading
project (WET Phase I) final report.
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
D. Shen, Water Resources Management of the People’s Republic of China,
Global Issues in Water Policy 26, https://doi.org/10.1007/978-3-030-61931-2_6
129
Water Rights System
Abstract This chapter deals with the legal aspects of the water rights system in
China. It introduces the water rights system and its development, its challenges,
and suggestions to improve the system. First, the development of the water rights
system in China is briefly outlined. Then, the legal framework for this system, which
consists of the Constitution of the PRC, the General Principles of Civil Law, the
Property Rights Law, and the Water Law, is analyzed. The legally defined water
rights are examined, including ownership rights, collective use rights, regional water
rights, water abstraction rights, and water rights certificates and water tickets. Finally,
current challenges are identified and suggestions to develop and improve the water
rights system are proposed.
Keywords Water rights · Ownership rights · Collective use rights · Regional water
rights · Water abstraction rights · Water rights certificates and water tickets
Broadly, water rights refer to formal or legally defined rights, such as water abstraction rights granted by permit in China, or rights concerning the specified volume for
various water resources allocation plans, agreements, and contracts. This category
also includes informal rights, such as traditional water access rights, rights that do
not require legal grant or approval, and so on. Furthermore, the right to water does
not only refer to the rights stipulated by law and formally designated as “rights,” such
as the ownership and water abstraction rights enshrined in the Water Law of China,
but it also includes the rights stipulated by law but not officially named as “rights,”
such as the small amount of water granted to humans and livestock in rural areas.
In general, water rights include three forms of entitlement. First, natural water
rights considered necessary to sustain life, such as the right to a limited amount
of domestic water use for humans and livestock. Second, traditional water rights
that are customarily possessed (including those that are later formally recognized by
law), such as riparian rights or certain rights related to traditional and folk customs.
Third, legal water rights that are specifically stipulated by legislation. This category
The chapter is based on Shen et al. (2020) Water use control system in China. International journal
of water resources development, 36(4): 590–609; and WET (2006) Water entitlements and trading
project (WET Phase I) final report.
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
D. Shen, Water Resources Management of the People’s Republic of China,
Global Issues in Water Policy 26, https://doi.org/10.1007/978-3-030-61931-2_6
129