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6 Water Rights System
to developing a water rights system nationwide. The framework has guided water
resources management and water rights in China since its establishment, including
the strictest water resources management strategy in 2009 and water rights reform
in 2014.
The lack of control over development and discharge and the limited implementation of management systems weakened by pursuing economic development were
two critical problems in water resources management. To solve these problems, the
strictest water resources management strategy was developed in 2009 (Chen 2009),
reiterated in the 2011 State No. 1 Document (State Council 2011), detailed in 2012
(State Council 2012), and implemented through a series of documents (Office of
the State Council 2013). The core of the strategy is designed to define and strictly
enforce a set of three “redlines”: a water resources development redline to control
total water use, a water function zone pollutant-assimilation redline to control total
pollutant discharge into water bodies, and a water use efficiency redline to promote
water productivity and reduce water waste (Chen 2009) (see Chap. 12). In theory,
the development redline is the water rights system.
Through the implementation of the strictest water resources management strategy,
the water rights system and its framework have been officially developed and widely
promoted. However, some issues have arisen, such as the technical relationship
between control indicators, redlines, and water rights, particularly when such rights
are not clearly defined. Additionally, the strategy focuses on redline realization
assessment rather than water rights system development, especially when the main
objective of this assessment is to strengthen government regulation. In some ways,
the approach replaces the water resources management system with a water resources
manager system.
In 2014, following the national requirement to deepen reform through marketdominant resources allocation and enhancing government effectiveness (18th Central
Committee of CPC 2013), the MWR issued its Guidance to Deepen Water Sector
Reform. The guidance was intended to improve the water rights system, develop
the water resources asset property rights system, and foster the water market. To
improve the water rights allocation system, the guidance demanded the clarification
and registration of rights; the completion of regional water use control indicators in
provinces; the acceleration of river basin water resources allocation; the improvement
of water abstraction permit management and clarification of water use rights for
abstractors; and the registration of village-collective water use rights. This document
also encouraged water trading between regions and users, exploring various water
rights transfer models, and gradually developing national, river basin, and regional
trading platforms. Additionally, a water use purpose control system was introduced
to safeguard basic water demands, including public interests defined in terms of
domestic and ecological use (MWR 2014).
In 2015, a water resources asset management policy was launched to alleviate the
conflict of interest generated by the State Council being simultaneously the manager
and owner of state water resources. This reform was designed to separate ownership
and managership in terms of function and organization (State Council 2015) (see
Chap. 13).
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