0 Detailed background Water Res

Background & Legal issues related to Water resources teaching PhD class 20114.1Legislation and plansThere are nine laws regarding environmental protection which been successively formulated to control pollution, including the Environmental Protection Law, the Law of the Peoples Republic of China on Evaluation of Environmental Effects, the Law of the Peoples Republic of China on the Prevention and Control of Atmospheric Pollution, the Water Pollution Prevention and Control Law, the Law of the Peoples Republic of China on the Prevention and Control of Environmental Noise Pollution, the Law of the Peoples Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, the Law of the Peoples Republic of China on the Prevention and Control of Radioactive Pollution. EUChina Cooperative Research Program on Regional Policy: Research Report of the Chinese Expert Group 2010. Wang Yiming et al.“China has prepared water pollution prevention and control plans at the national, local, and river basin levels. So far, many of these plans have failed to achieve their targets. For example, the Huai River basin was the first river basin in China to undertake a major planning effort for water pollution control. Evaluation of the first two five-year plans (19962005) found that the water quality and total emission control targets were not achieved. For instance, the 9th FYPs (1996) water quality target for 2000 was to achieve Class III for the entire main stream. However, by 2005, the water quality at 80% of monitoring sites in the basin was still at Class IV or worse”. Addressing Chinas Water Scarcity Recommendations for Selected Water Resource Management Issues. 2009. Xie, J5Water Resource Management and Governance Establish a system of water efficiency controlStrengthen management of water quota and plans. Focus on monitoring of water users that reach a certain scale. Apply strict restriction to water-intensive industrial projects in water-deficient areas. Improve the water resource management system Strengthen integrated management of water resources in rural and urban areas, apply coordinated planning and implementation to urban and rural water supply, integrated utilization of water resources, water environment management and flood control, and promote optimal allocation of water resources Expedite water conservancy projects and management system reforms. guarantee financial resources to public-service and quasi-public-service water management agencies to fund their repair and maintenance activities. The central government grants subsidies to public-service projects in central and western regions and poverty-stricken areas to fund their repair and maintenance. Properly address social security issues of persons that are laid off by water management agencies. . Deepen the ownership reform of small-sized water conservancy projects, clarify owners and users, assign the responsibility for repair and maintenance to specific entities and individuals, give subsidies to public-service small-sized water conservancy projects to fund their repair and maintenance, and explore modes of community-based and specialized water conservancy project management Improve local water conservancy service systems. Establish the local water conservancy service organizations by towns or small watersheds, strengthen their public service functions in respect of water resource management, flood and drought control, farmland water conservancy and application of water conservancy technologies, establish their staffing as required and include their fund demand in the county-level public budget . Establish farmers cooperative organizations for water use. Assign Specific Responsibility to Party Committees and Governments at All Levels The chief executive responsibility system will be implemented in respect of flood and drought control, drinking water safety assurance, water resource management and reservoir safety management. Push ahead with law-ruled water governance. Establish and improve the system of water-related laws and regulations and expedite improvements in laws and regulations in respect of water resource allocation, water conservation and protection, flood and drought control, rural water conservancy, soil and water conservation and watershed management. Step up efforts to establish national supervisory systems and processes for flood and drought control. Agricultural Policy Directive: Number 1 Document for 2011. UNOFFICIAL translation of the document. GAIN report No CH11024 . 5/4/2011“It is the moral obligation and responsibility of a government to provide basic public services for all of its citizens. Such services should not differ in a noticeable manner for different areas and population groups. People in less developed areas should not be deprived of the right to enjoy basic public services such as compulsory education, public healthcare, basic medical treatment, social security, etc. at a level equal to that in other, more developed areas due to development disparities”. . EUChina Cooperative Research Program on Regional Policy: Research Report of the Chinese Expert Group 2010. Wang Yiming et al.“The most significant policy failures in Chinas water management include an underdeveloped system of water rights administration; an excessive focus on supply rather than demand management; an excessive reliance on administrative measures rather than market-based instruments; insufficient financing for pollution control; and low levels of pollution charges”. Addressing Chinas Water Scarcity: Recommendations for Selected Water Resource Management Issues. 2009. Xie, J Liebenthal, A., Warford, J.J., Dixon, J.A., Wang, M-C., Gao, S-J., Wang, S-L., Jiang, Y & Ma, Z. World Bank“The department of water administration under the State Council shall be in charge of the unified administration and supervision of water resources at the national level. The river basin authorities, set up by the department of water administration under the State Council, for the important rivers and lakes (determined by the state) shall, within their jurisdictions, exercise the water resource administration and supervision provided by laws and regulations and authorized by the department of water administration under the State Council. The departments of water administration in the local governments at and above the county level shall, within the limit of their authorities, be in charge of the unified management and supervision of water resources. The relevant departments under the State Council (Ministry of Water Resources, the other Ministries and Commissions under the State Council, such as National Development and Reform Commission, Ministry of Agriculture, Ministry of Land and Resources, Ministry of Environmental Protection, etc.) shall, in conformity with the division of their duties, be responsible for work relating to the development, utilization, conservation and protection of water resources. The relevant departments under the local governments (Department of Water Resources, the other Ministries and Commissions under the local governments, such as Local Development and Reform Commission, Department of Agriculture, Department of Land and Resources, Department of Environmental Protection, etc.) at or above the country level shall, in conformity with the division of their duties, be responsible for the development, utilization, conservation and protection of water resources within their administrative regions”. Li Futian. 2011. Study on Analysis of Water Resource Use in China. Institute of Water Resources & Hydropower ResearchA report by the World Bank (2009) has set out a discussion of specific recommendations to address water scarcity in China. These consider (a) improving water governance; (b) strengthening water rights administration and creating water markets; (c) improving efficiency and equity in water supply pricing; (d) protecting river basin ecosystems market-orientated eco-compensation instruments; (e) controlling water pollution; and (f) improving emergency response and preventing pollution disasters. A summary of this recommended the following:Recommended actionsAgencyOrganizationsEstablish a state water resources commission as a co-ordinating and steering organisation for water-related affairsState CouncilMerge water-related duties currently put under different government agencies into a new super ministry to implement unified management of water quantity and qualityState CouncilRestructure river basin commissions to ensure a broader representation and ownershipState Council, government agencies, R Basin CommissionsLegalDevelop an action plan to amend existing laws and regulations and fill gaps in present legal provisionsNPCMake existing laws or regulations operational and enforceable, with detailed implementation proceduresNPC & govern agenciesStrengthen the supervision and inspection of national and local congresses and administrative branches to improve law enforcement and complianceNPC & local congressesInformation disclosureMake information disclosure a compulsory obligation of government organizations, water companies, enterprises and other major stakeholdersState Council, government agenciesMake water quality information and pollution source databases accessible to the public and communities.MEP, MWR & local gov.Public participationEase the existing procedures and policy for NGO registration and management to promote a broader involvement of NGOsGovernment agenciesEncourage the public to participate in water management, with rights to access to information, to participate in decision making and to challenge decisions of the government.State Council, government agenciesRaise public awareness of water issues through public education programs and campaignsGovernments, civil society, enterprisesWater rights and marketsImprove water withdrawal permits and link them to the initial allocation of water established in the water resource planMWR & local water authoritiesStrengthen water rights administration, with the conditions, procedures, rights and obligations for water withdrawal and return flows clearly specified, measured, controlled and enlarged.MWR & local water authoritiesApply the ET approach to water allocation and rights in water-stressed areasMWR & local water authorities & River Basin Comm.Develop and expand water trading markets in water-scarce areas for reallocation of water from low-value to high-value uses.MWR & local water authoritiesWater pricingImplement the increasing block tariff approach, especially a two tier tariff structure, for residential consumers where metering is availableLocal gov.Apply the MOC approach in regional and national water management and economic planning systemsNRDC & local gov.& RBCFollow the MOC approach so that water tariffs reflect the increasing costs of water and its disposal.Local gov.Convert the water resource fee into a tax, with the revenue going to the central government budget for water resource planning based on the national prioritiesState Council, government agencies MOF & NDRCEco-compensation instrumentsAdopt more market-orientated approaches such as PES for ecological compensation, with pilot projects in small watershedsGov. agencies and local gov of pilot areasBuild political will, governance mechanisms and institutional arrangements for PES and recognize and reward those who try innovative eco-compensation approachesGov. agencies and local gov of pilot areasWater Pollution ControlConsolidate current water quality monitoring systems and make then independent of any single ministryState Council, government agenciesIdentify, manage, and control the sources of pollution, including those in small towns and rural areasMEP & local EPBStrengthen the wastewater discharge permit system and promote the trading of permitsMEP & local EPBReview and enhance economic incentives (such as the pollution levy and fines) for pollution controlState Council, government agencies MEPImprove the litigation system to protect the public interestNPC & local congressesEstablish a special budget account for financing water pollution prevention and controlMOF & MEP, local fin. Bureau, EPBsWater pollution incident protectionProvide 24-hour technical support to the emergency servicesNational Chemical Registration CenterEnhance safety risk assessment and approval systemsMEP and SAWS as well as their local bureausEstablish and maintain comprehensive inventories of all chemicals and pollution sourcesMEP and SAWS as well as their local bureausIntroduce a comprehensive labelling system for chemicalsMEP and SAWS as well as their local bureausEstablish an environmental disaster fundMEPAddressing Chinas Water Scarcity: Recommendations for Selected Water Resource Management Issues2009. Xie J., Liebenthal, A., Warford, J.J., Dixon, J.A., Wang, M-C., Gao, S-J., Wang, S-L., Jiang,Y. & Ma, Z.http:/wwwwds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2009/01/14/000333037_20090114011126/Rendered/PDF/471110PUB0CHA0101OFFICIAL0USE0ONLY1.pdf 5.5National Government actionIt has been said that the challenge ahead lies in creating the institutions that allocate water equitably among competing uses and users, integrate management of irrigation at farm, system, and basin level to reduce upstream-downstream and head-tail conflicts, integrate the management of ground and surface water irrigation, and address the problems of irrigation development, including use of waste water, by addressing environmental and health concerns. In examining elements of the necessary process it is useful to consider vision, strategy and appropriate technology.5.7Need for new Legislation and better governanceNeed for unified leadership centred on river basins“As early as 1945, the British realized that the efficiency and effectiveness of regional solutions to water supply and management problems. Under the Water Act 1945 and 1973 respectively, ten water authorities were established.“Each authority was based on hydrological boundaries and assumed responsibility within those boundaries for the planning, design, construction, operation, finance, and ownership of facilities for water resources development;provision of sewage and treatment of wastewater and their disposal; restoration and maintenance of the quality of the nations water; the use of waters for recreation and the enhancement of amenity values; flood prevention and land drainage and fisheries and navigation in inland waters.” British experience also confirmed that river basin based regionalization of the water management problem can result in major economics of scale. These economies can only be identified and achieved by a regional authority. Meanwhile, by regionalizing management, river basin model can be created and policy can be effectively implemented. Not long after the British endeavour, French in 1964 entrenched the river basin management concept in their water acts and divided France into six hydrological regions. 1992 Water Act further strengthened this idea and implemented it as the keystone of national water policy. In the United States, in its 1973 report, The National Water Commission has identified the poor management at regional level as one of the eight most serious problems in metropolitan water management.In fact, China has also set up seven river basin-based administrations such as Hai River Basin Commission, Yellow River Basin Commission. But for the long time, these arrangements are just another administrative tribunal of the government without being fully functional. In 1999, serious water shortage forced the central government to authorize the Yellow River Basin Commission to act completely to solve the problem, which started in1970s. For the first time, the Yellow River Basin Commission began to exercise the centralized management of water resources within the basin”. Nine Dragons, One River: The Role of Institutions in Developing Water Pricing Policy in Beijing, PRC. 20? Henry Zhang, McGill University http:/www.chs.ubc.ca/china/fulltext.htm“With such a complex system of ministries, agencies and bureaus, one wonders how policies are ever made or implemented. The answer is unclear. Finding out how policies are made in China is much like tracing the movement of a single blood cell through the entire human body; the journey is time consuming and long, involves a network of organs, and the specific route depends on the situation. Part of the reason for difficulty in tracing the policy-making process is that in spite of this rigid bureaucratic structure, there is poor organization between agencies. Additionally, decisions are often made outside of this structure through a series of negotiations between stakeholders. This occurs because each territorial level grants the level subservient to it some flexibility in determining its own governance. This flexibility is not codified in law or in the constitution; the result is on-going, bargaining over the extent and limits of this level-by-level flexibility”. Thus policies are more the result of bargains between various groups than an algorithm that can be followed from steps a to z”. Briefing Paper on Water Governance Structure in Beijing, PRC. 2000. Eve Hou. “Chinese laws are arranged in a hierarchical ordering, in which laws of a higher level always supersede the laws of a lower level when there is a conflict. Lower level laws must be as or more stringent than higher level laws, but may not be less stringent. Legislation ranges from the Constitution of the Peoples Republic of China at the top, to local methods and technical standards, at the bottom. Beneath laws are regulations. These are issued by the State Council and its ministries, and tend to be more technical and specific than laws. Local laws and regulations are often based on national laws and seek to implement national laws.Rules, resolutions, standards and methods rank lower than regulations. Ministries and agencies under the State Council may formulate these. Rules tend to be more administrative and methods more technical, while standards provide numerical bases for compliance that must be used in reference to regulations, rules and methods. As of 1998, over 100 environmental rules and methods, and 350 standards have been issued, primarily by local government.Hierarchical Ordering of Chinese Legislation: The classification according to legal status and force from highest to lowest is as follows: 1. The Constitution of the PRC2. Basic laws (jiben fa) enacted by NPC3. Other laws (falu) from NPC Standing Committee4. Interpretations of the Constitution and basic laws (lifa jieshi) issued by the Standing Committees5. National administrative regulations and other documents having the force of law issued by SC (xingzheng fagui) made by the State Council6. Ministerial regulations, national standards (guojia biaozhun) and rules (bumen guizhang) issued by national ministries and commissions7. Regulations (difang fagui) issued by Peoples Congresses (and their standing committees) at the sub-national level, consistent with national legal enactments 8. Resolutions released by Provincial Governments and their different departments9. Regulations and other legal orders known as defang zhengfu guizhang issued by the executive branch of peoples governments at the sub-national level10. The resolutions and determinations made by local power body and administrative body at different levels below the provincial level11. Technicality regulations and standards with legal forceSome problems with Chinese laws include:1. Overly general laws: Man