6.3 Water Rights in China
137
Temporary water rights are formulated based on permanent water rights. Although
permanent water rights are the basis of temporary water rights, the latter are the
means for realizing the former.
Regional water rights are established in Articles 45 and 46 of the Water Law.
Article 45 defines the regional share/volume in the river basin water resources allocation plan, thereby determining permanent regional water rights. Article 46 defines
the regional share/volume in the river basin annual water resources regulation plan
and annual water resources regulation plan, thereby determining temporary regional
water rights.
According to China’s administrative system, these regions could consist of the
province, prefecture, or county.
Additionally, it is interesting to note that regional water rights are not named
as “rights” in the government documents or legislation published before 2016. In
the 2016 Interim Methods for Water Rights Trade Management by the MWR, the
regional water trade is defined as the regional water rights trade (Article 3), which
partially provides a legally established definition of such rights.
6.3.4 Water Abstraction Rights
Water abstraction rights are a statutory concept of the Water Law (Article 48),
which stipulates that abstraction rights refer to the right of a unit or individual to
directly take water resources from rivers, lakes, and groundwater aquifers. These
rights have the following characteristics: the holder of water abstraction rights must
be a specific unit or individual; the objects of these rights are water resources, rather
than water services; the rights must be acquired through approval and payment of
water resources fees; and the approval of these rights is a specific administrative
behavior in accordance with the application.
Therefore, water abstraction rights are rights based on water abstraction behaviors.
The abstractor obtains the water permit and pays the water resource fee to obtain
abstraction rights, which entitle the abstractor to directly draw water from rivers,
lakes, or aquifers. Since these water abstraction activities will affect the quantity and
quality of the water resources at the intake point, the exercise of abstraction rights
should follow the laws and regulations governing the abstraction location, amount,
and method and the water resources fee payment. Consequently, obtaining the permit
and paying the resource fee are prerequisites for obtaining abstraction rights.
According to the water resources allocation framework and water abstraction
permit management, permanent water abstraction rights are defined as the volume
specified in the abstraction permit under abstraction conditions; temporary water
abstraction rights are defined as the volume specified in the annual water abstraction
plan issued by the permit approval agency.
137
Temporary water rights are formulated based on permanent water rights. Although
permanent water rights are the basis of temporary water rights, the latter are the
means for realizing the former.
Regional water rights are established in Articles 45 and 46 of the Water Law.
Article 45 defines the regional share/volume in the river basin water resources allocation plan, thereby determining permanent regional water rights. Article 46 defines
the regional share/volume in the river basin annual water resources regulation plan
and annual water resources regulation plan, thereby determining temporary regional
water rights.
According to China’s administrative system, these regions could consist of the
province, prefecture, or county.
Additionally, it is interesting to note that regional water rights are not named
as “rights” in the government documents or legislation published before 2016. In
the 2016 Interim Methods for Water Rights Trade Management by the MWR, the
regional water trade is defined as the regional water rights trade (Article 3), which
partially provides a legally established definition of such rights.
6.3.4 Water Abstraction Rights
Water abstraction rights are a statutory concept of the Water Law (Article 48),
which stipulates that abstraction rights refer to the right of a unit or individual to
directly take water resources from rivers, lakes, and groundwater aquifers. These
rights have the following characteristics: the holder of water abstraction rights must
be a specific unit or individual; the objects of these rights are water resources, rather
than water services; the rights must be acquired through approval and payment of
water resources fees; and the approval of these rights is a specific administrative
behavior in accordance with the application.
Therefore, water abstraction rights are rights based on water abstraction behaviors.
The abstractor obtains the water permit and pays the water resource fee to obtain
abstraction rights, which entitle the abstractor to directly draw water from rivers,
lakes, or aquifers. Since these water abstraction activities will affect the quantity and
quality of the water resources at the intake point, the exercise of abstraction rights
should follow the laws and regulations governing the abstraction location, amount,
and method and the water resources fee payment. Consequently, obtaining the permit
and paying the resource fee are prerequisites for obtaining abstraction rights.
According to the water resources allocation framework and water abstraction
permit management, permanent water abstraction rights are defined as the volume
specified in the abstraction permit under abstraction conditions; temporary water
abstraction rights are defined as the volume specified in the annual water abstraction
plan issued by the permit approval agency.