140
6 Water Rights System
should be developed to assist basin commissions and regions with preparing plans
and allocating water rights. These guidelines should provide an approach to ensure
effective plan–plan and plan–permit links are established.
Strengthening the water permit system. The 2006 Regulation on the Management of Water Abstraction Permits and Water Resources Fee Collection should be
implemented to provide a consistent approach to the granting and management of
water abstraction permits. Volumes allocated under permits should be linked to total
volume control limits. Inconsistencies between connected rights that are specified as
abstraction or consumptive volumes should be addressed.
Defining transfer rules. The circumstances under which transfers of water rights
can occur should be clearly defined, including which rights can be transferred, the
approval process, and the mechanisms for protecting against third-party impacts and
impacts on the environment.
6.5 Summary
This chapter deals with the legal aspects of the water rights system in China. It introduces the water rights system and its development, its challenges, and suggestions
to improve the system.
First, the development of the water rights system in China is briefly outlined.
Then, the legal framework for this system, which consists of the Constitution of the
PRC, the General Principles of Civil Law, the Property Rights Law, and the Water
Law, is analyzed. The legally defined water rights are examined, including ownership
rights, collective use rights, regional water rights, water abstraction rights, and water
rights certificates and water tickets. Finally, current challenges are identified and
suggestions to develop and improve the water rights system are proposed.
References
18th Central Committee of CPC. (2013). Decision on some key issues to fully deepen reform.
Calow, R., et al. (2009). Irrigation development and water rights reform in China. International
Journal of Water Resources Development, 25(2), 227–248.
Chen, L. (2009). Implementing the strictest water resources management strategy to guarantee
sustainable social and economic development. China Water Resources, 5, 9–17.
Cosier, M., & Shen, D. (2009). Urban water management in China. International Journal of Water
Resources Development, 25(2), 249–268.
Jiang, M. (2018). Towards tradable water rights: Water law and policy reform in China. Springer.
MWR. (1997). Water resources bulletin of China.
MWR. (2014). Guidance to deepen water sector reform.
MWR. (2016). Temporal methods for water rights trade management.
Office of the State Council. (1987). The Yellow River available water resources allocation plan.
6 Water Rights System
should be developed to assist basin commissions and regions with preparing plans
and allocating water rights. These guidelines should provide an approach to ensure
effective plan–plan and plan–permit links are established.
Strengthening the water permit system. The 2006 Regulation on the Management of Water Abstraction Permits and Water Resources Fee Collection should be
implemented to provide a consistent approach to the granting and management of
water abstraction permits. Volumes allocated under permits should be linked to total
volume control limits. Inconsistencies between connected rights that are specified as
abstraction or consumptive volumes should be addressed.
Defining transfer rules. The circumstances under which transfers of water rights
can occur should be clearly defined, including which rights can be transferred, the
approval process, and the mechanisms for protecting against third-party impacts and
impacts on the environment.
6.5 Summary
This chapter deals with the legal aspects of the water rights system in China. It introduces the water rights system and its development, its challenges, and suggestions
to improve the system.
First, the development of the water rights system in China is briefly outlined.
Then, the legal framework for this system, which consists of the Constitution of the
PRC, the General Principles of Civil Law, the Property Rights Law, and the Water
Law, is analyzed. The legally defined water rights are examined, including ownership
rights, collective use rights, regional water rights, water abstraction rights, and water
rights certificates and water tickets. Finally, current challenges are identified and
suggestions to develop and improve the water rights system are proposed.
References
18th Central Committee of CPC. (2013). Decision on some key issues to fully deepen reform.
Calow, R., et al. (2009). Irrigation development and water rights reform in China. International
Journal of Water Resources Development, 25(2), 227–248.
Chen, L. (2009). Implementing the strictest water resources management strategy to guarantee
sustainable social and economic development. China Water Resources, 5, 9–17.
Cosier, M., & Shen, D. (2009). Urban water management in China. International Journal of Water
Resources Development, 25(2), 249–268.
Jiang, M. (2018). Towards tradable water rights: Water law and policy reform in China. Springer.
MWR. (1997). Water resources bulletin of China.
MWR. (2014). Guidance to deepen water sector reform.
MWR. (2016). Temporal methods for water rights trade management.
Office of the State Council. (1987). The Yellow River available water resources allocation plan.