134
6 Water Rights System
owned by the state. Some laws, including the Water Law, stipulate that state-owned
natural resources could be used by economic collectives.
1
6.2.2 General Principles of Civil Law
Article 81 of the 2009 General Principles of Civil Law stipulates that stateowned natural resources, including forests, mountains, grasslands, unreclaimed land,
beaches, and water surfaces, may be used by the state ownership unit and the collective ownership unit by law. The state is required to protect the usufructuary rights of
the resources, and the use unit is obliged to manage, protect, and rationally utilize the
resources. Article 81 also specifies that state-owned mineral resources and waters and
collective-owned forest land, mountains, grasslands, unreclaimed land, and beaches
cannot be sold, leased, mortgaged, or illegally transferred by any other means. The
differences in how “water flow” is defined in the Constitution and how “water surface”
is applied in the General Principles of Civil Law could be investigated further.
6.2.3 Property Rights Law
The 2007 Property Rights Law defines the types of property rights. Article 46
in Section on Ownership Rights stipulates that waters fall under state ownership.
According to Section on Usufructuary Rights, the usufructuary right holder has the
rights to possess, use, and benefit from the real property or movable property owned
by others (Article 117); the unit or individual can possess, use, and benefit from the
natural resources owned by the state, those owned by the state and used by the collective, or those owned by the collective by law (Article 118); finally, the usufructuary
rights holder exercising their rights is required to abide by the provisions of the law
concerning the protection and the rational development and utilization of resources.
The owner must not interfere with the exercise of the usufructuary rights holder’s
rights (Article 120). Water abstraction rights acquired by law are protected by law
(Article 123).
6.2.4 Water Law
The Water Law in China is an administrative law that regulates water administrative
relationships. The 2016 Water Law stipulates that water resources are defined as
including surface water and groundwater (Article 2) and are owned by the state,
with the ownership of such resources exercised by the State Council on behalf of
1 https://www.npc.gov.cn/npc/c13475/201004/0e53b6b04d1b4401b18404d93889a9a4.shtml.
6 Water Rights System
owned by the state. Some laws, including the Water Law, stipulate that state-owned
natural resources could be used by economic collectives.
1
6.2.2 General Principles of Civil Law
Article 81 of the 2009 General Principles of Civil Law stipulates that stateowned natural resources, including forests, mountains, grasslands, unreclaimed land,
beaches, and water surfaces, may be used by the state ownership unit and the collective ownership unit by law. The state is required to protect the usufructuary rights of
the resources, and the use unit is obliged to manage, protect, and rationally utilize the
resources. Article 81 also specifies that state-owned mineral resources and waters and
collective-owned forest land, mountains, grasslands, unreclaimed land, and beaches
cannot be sold, leased, mortgaged, or illegally transferred by any other means. The
differences in how “water flow” is defined in the Constitution and how “water surface”
is applied in the General Principles of Civil Law could be investigated further.
6.2.3 Property Rights Law
The 2007 Property Rights Law defines the types of property rights. Article 46
in Section on Ownership Rights stipulates that waters fall under state ownership.
According to Section on Usufructuary Rights, the usufructuary right holder has the
rights to possess, use, and benefit from the real property or movable property owned
by others (Article 117); the unit or individual can possess, use, and benefit from the
natural resources owned by the state, those owned by the state and used by the collective, or those owned by the collective by law (Article 118); finally, the usufructuary
rights holder exercising their rights is required to abide by the provisions of the law
concerning the protection and the rational development and utilization of resources.
The owner must not interfere with the exercise of the usufructuary rights holder’s
rights (Article 120). Water abstraction rights acquired by law are protected by law
(Article 123).
6.2.4 Water Law
The Water Law in China is an administrative law that regulates water administrative
relationships. The 2016 Water Law stipulates that water resources are defined as
including surface water and groundwater (Article 2) and are owned by the state,
with the ownership of such resources exercised by the State Council on behalf of
1 https://www.npc.gov.cn/npc/c13475/201004/0e53b6b04d1b4401b18404d93889a9a4.shtml.