Study On Administrative And Legal Management Of The Yellow River Basin Water Resource

In the21st century, humanity are facing three major challenges which are environment,resources and population,"Water issue" is standing the most serious position. Yellow River,as the second longest river in China, which most basin are located in arid and semi-aridregions, in this case, the shortage of Water resource is even more serious. With the rapiddevelopment of economy and society, the contradiction of water resource is furtherhighlighted, hence, higher standard on water quality, water quantity and water environment isrequired. How to promote the sustainable development and harmonious use of the YellowRiver basin, How to improve the administrative and legal system construction to achieveefficient management of water resources are the urgent problems which need to be solved.This paper is based on the basic theories of economics, ecology, environmentologyand law, aiming at sustainable utilization of water resources, using the unity ideas ofeconomic social development and ecological environment construction to resolve theadministrative management and legal management of water resource at Yellow River basin.The main research contents include: water resources management system, Water rights issue,water price issue, Ecological compensation issue and Legal management issue of the YellowRiver basin. The main conclusions are as follows:(1) The status and permission of managerial organization of the Yellow River basinare unclear, managerial system is dysfunctional, managerial method is simple and extensive,water saving mechanism is unclear and related laws and regulations are not sound. In the riverbasin management, Legislation is the basis, Institutional setting is the guarantee, reasonableplanning is the prerequisite, economic and technological method are brace, stakeholdersparticipation is requirement. In order to better manage the water resource in Yellow Riverbasin, the relevant institutions should maintain the capacity of water resources and set upunified goals, build up regulation system of water resources sustainable utilization, endowsthe river basin administrative agencies high autonomy and administrative management, format integrated river basin management system with river basin management committee asthe main body, other departments are of good coordination and cooperation.(2) Water right management is the needs of economic social development andwater-saving society construction, the initial water right of the Yellow River must not only beassigned to the provinces but also clear to each water user, should consider governmentreserved water. Implementation and monitoring of allocation plan should be in place. Thewater right exchange of the Yellow River basin should be defined clearly, establish operationmode on the basis of market, set up the third party compensation mechanism and coordinationmechanism,strengthen supervision and management. The eight factors of water right systemare the economic condition, water resource utilization situation, the economic value of waterresources, water users competition level, the status of human capital, market developmentdegree, democratization degree, policy environment of laws and regulations.(3)The price standard of Yellow River basin water is relatively low; water fee can’t becollected completely and on time. In the urban water price reform, Should establish scientificwater price accounting system and complete water rate collection mechanism. In theagricultural water price reform, We should take increasing farmers’ income as the start,Implement differential price under the ceiling price, Steadily promote marketization, regulaterural water rate collection, Actively play the role of water user association, explore toestablish “Three subsidy mechanism” of state-owned water management project subsidy,public management project subsidy and agricultural water user subsidy. Water price reformof the Yellow River basin is necessary, but should walk out the erroneous zones of pricedependence and price increment.(4) The focal points of ecological compensation of the Yellow River basin are: whencarry out ecological compensation, policy shall dip to key ecological function areas whichdetermined by Country and provinces, strengthen the compensation extent; Reasonablydetermine subjects of ecological compensation payment and repayment; establish three basiccompensation standards of ecological protection cost standard, opportunity cost standard andecological services value standard; Guarantee compensation funds grant on time and full inplace; Strengthen regional horizontal compensation; Perfect the supervision of river basinecological compensation funds use and Compensation obligation performance..(5) legislate the Yellow River law to define four issues: implement integratemanagement system which Watershed management is given priority combining with regionalmanagement; Watershed characteristics and resource conditions are different, Watermaintenance priorities are different; water resources marketization, Water quantity and waterquality are equal, development and conservation are simultaneous; clarify compensation and punishment when legal rights and obligations are disoperative. The Yellow River law mustestablish new mechanism that authority is clear and run coordinately, increase investment inequipment for law enforcement, improve the quality and level of legal personnel, strengthenlaw enforcement supervision. The management of Yellow River basin should improve fouraspects: Authority supervision, administrative supervision, judicial supervision, Socialsupervision.