136
6 Water Rights System
system. There are theories proposing single water rights, dual water rights, threefold
water rights, fourfold water rights, and water rights clusters. The single rights theory
regards water rights as use rights, because ownership belongs to the state. The dual
water rights theory consists of ownership rights and use rights, while the threefold
theory includes operational rights. The fourfold theory is divided into ownership,
use, disposal, and beneficiary rights.
These debates aside, China has developed the following water rights for management purposes, according to the legal framework for the property rights of water
resources.
6.3.1 Ownership Rights
While the Constitution, Property Rights Law, and Water Law use different definitions
of water, it is clear that water resources are owned by the state and that the State
Council, on behalf of the state and its people, exercises these ownership rights.
The 2018 governmental restructuring entitled the MNR to exercise the ownership
of state-owned natural resources, including land, mineral, forest, grassland, wetland,
water, and ocean resources.
2
6.3.2 Collective Use Rights
Collective use rights are defined in Article 3 of the Water Law. This rights framework is intended not only to maintain the integrity and unity of state water resources
ownership, but also to fully protect the existing water rights and interests of the
rural collective economic organizations and farmers, who have historically built
China’s collective water infrastructure. Collective use rights entitle all rural collective
economic organizations and their members to use the water in the ponds and reservoirs belonging to them, without this water use being subject to the water abstraction
permit system and payment of water resources fees or taxes.
6.3.3 Regional water rights
Hydrological randomness forms the basis of both permanent and temporary water
rights, which is different from other natural resources such as land. Permanent water
rights are the rights to develop and utilize an annual average water volume for a
certain period of time (normally longer than a year). Temporary water rights refer
to the rights of holders to develop or utilize the annual or seasonal water volume.
2 https://www.mnr.gov.cn/jg/sdfa/201809/t20180912_2188298.html
6 Water Rights System
system. There are theories proposing single water rights, dual water rights, threefold
water rights, fourfold water rights, and water rights clusters. The single rights theory
regards water rights as use rights, because ownership belongs to the state. The dual
water rights theory consists of ownership rights and use rights, while the threefold
theory includes operational rights. The fourfold theory is divided into ownership,
use, disposal, and beneficiary rights.
These debates aside, China has developed the following water rights for management purposes, according to the legal framework for the property rights of water
resources.
6.3.1 Ownership Rights
While the Constitution, Property Rights Law, and Water Law use different definitions
of water, it is clear that water resources are owned by the state and that the State
Council, on behalf of the state and its people, exercises these ownership rights.
The 2018 governmental restructuring entitled the MNR to exercise the ownership
of state-owned natural resources, including land, mineral, forest, grassland, wetland,
water, and ocean resources.
2
6.3.2 Collective Use Rights
Collective use rights are defined in Article 3 of the Water Law. This rights framework is intended not only to maintain the integrity and unity of state water resources
ownership, but also to fully protect the existing water rights and interests of the
rural collective economic organizations and farmers, who have historically built
China’s collective water infrastructure. Collective use rights entitle all rural collective
economic organizations and their members to use the water in the ponds and reservoirs belonging to them, without this water use being subject to the water abstraction
permit system and payment of water resources fees or taxes.
6.3.3 Regional water rights
Hydrological randomness forms the basis of both permanent and temporary water
rights, which is different from other natural resources such as land. Permanent water
rights are the rights to develop and utilize an annual average water volume for a
certain period of time (normally longer than a year). Temporary water rights refer
to the rights of holders to develop or utilize the annual or seasonal water volume.
2 https://www.mnr.gov.cn/jg/sdfa/201809/t20180912_2188298.html