130
6 Water Rights System
includes most modern water rights systems. Nevertheless, when influenced by water
resources development and use, as well as other socio-economic factors, these three
types of water rights can be altered. Increasing water shortages will typically transform traditional and even natural water rights into legal water rights protected by
legislation.
6.1 The Development of the Water Rights System
Framework in China
After China’s adoption of its opening policy in 1978, the rapid social and economic
development in the 1980s changed the role of the water sector. This sector was
required to supply water for urban and industrial development, not only agriculture
(Qian 1984, 1985). In the early 1980s, urban areas in the NCP suffered critical water
shortages, induced by rapid economic development and urbanization combined with
poor urban water supply infrastructure. To address the out-of-supply capacity of
water resources in the Yellow River Basin, the Office of the State Council issued an
allocation plan in September 1987 (Office of the State Council 1987).
The 1987 Yellow River Water Resources Allocation Plan is historically significant due to its long-term impacts on modern water rights development in China. It is
regarded as the first major water rights allocation plan at the river basin level in the
national water rights framework and has been a model for river basin water resources
allocation and regulation since 1998. However, this plan was not implemented immediately after issuance, which partly contributed to the dry-up of the mainstream of
the Yellow River in 1990s.
The first Water Law of 1988 identified water use priority in terms of meeting
domestic water demand as a priority and coordinating the requirements of agriculture,
industry, and navigation (Article 14). It also stipulated water allocation principles
and procedures (Article 31). Besides its definition of state water ownership rights
(Article 3), the key contribution of the 1988 Water Law was the introduction of the
water abstraction permit system (Article 32). This system has subsequently been
transformed into the individual water abstraction rights in the national water rights
framework.
The 1993 Implementation Methods for Water Abstraction Permit System detailed
the scope, requirements, principles, management organizations, approval, and procedures for the implementation of the system. The methods required water abstraction permits to abide by the approved water resources allocation plan or agreement (Article 6). The permit system was quickly promoted nationwide, with most
provinces issuing local implementation rules. By 1996, the implementation covered
about 90% of prefectures and over 95% of counties (MWR 1997).
6 Water Rights System
includes most modern water rights systems. Nevertheless, when influenced by water
resources development and use, as well as other socio-economic factors, these three
types of water rights can be altered. Increasing water shortages will typically transform traditional and even natural water rights into legal water rights protected by
legislation.
6.1 The Development of the Water Rights System
Framework in China
After China’s adoption of its opening policy in 1978, the rapid social and economic
development in the 1980s changed the role of the water sector. This sector was
required to supply water for urban and industrial development, not only agriculture
(Qian 1984, 1985). In the early 1980s, urban areas in the NCP suffered critical water
shortages, induced by rapid economic development and urbanization combined with
poor urban water supply infrastructure. To address the out-of-supply capacity of
water resources in the Yellow River Basin, the Office of the State Council issued an
allocation plan in September 1987 (Office of the State Council 1987).
The 1987 Yellow River Water Resources Allocation Plan is historically significant due to its long-term impacts on modern water rights development in China. It is
regarded as the first major water rights allocation plan at the river basin level in the
national water rights framework and has been a model for river basin water resources
allocation and regulation since 1998. However, this plan was not implemented immediately after issuance, which partly contributed to the dry-up of the mainstream of
the Yellow River in 1990s.
The first Water Law of 1988 identified water use priority in terms of meeting
domestic water demand as a priority and coordinating the requirements of agriculture,
industry, and navigation (Article 14). It also stipulated water allocation principles
and procedures (Article 31). Besides its definition of state water ownership rights
(Article 3), the key contribution of the 1988 Water Law was the introduction of the
water abstraction permit system (Article 32). This system has subsequently been
transformed into the individual water abstraction rights in the national water rights
framework.
The 1993 Implementation Methods for Water Abstraction Permit System detailed
the scope, requirements, principles, management organizations, approval, and procedures for the implementation of the system. The methods required water abstraction permits to abide by the approved water resources allocation plan or agreement (Article 6). The permit system was quickly promoted nationwide, with most
provinces issuing local implementation rules. By 1996, the implementation covered
about 90% of prefectures and over 95% of counties (MWR 1997).