Legal Analysis Of "the Allocation Plan Of Yellow River’s Available Water Supply"

Yellow River is about5,464kilometers long. It is the second longest river inChina. It’s one of the great rivers all over the word. The Yellow River flows throughChina Loess Plateau in the middle of a lot of sediment entrainment, it is also known asthe sediment concentration is the highest river in the world. Yellow River for its waterresources accounting for2%of the national river runoff, responsible for12%of thepopulation of the country’s total population,17%of the arable land and more than50large and medium-sized cities along the Yellow River water supply task.The history of the Yellow River has repeatedly drying up, the obviouscontradiction between water supply and demand. To solve the problem of the YellowRiver dry in order to ease the contradiction between supply and demand of waterresources of the Yellow River, in1998, the country to the1987Yellow River waterallocation plans based on the implementation of the uniform distribution of the YellowRiver Water Resources. Unified allocation after since the implementation of theYellow River Water, no interruptions occurred in the Yellow River. Although the past10years, the Yellow River drying up, but the Yellow River Basin of rapid populationgrowth, agriculture, industrial development in the rapid surge in demand on waterresources. Reasonable allocation of the Yellow River water resources related to theissues of economic and social sustainable development of the Yellow River Basin.The main factors of decision "87water allocation plan ": ecological water,domestic water, water for production. In the87watershed program implemented20years, the contradiction between supply and demand of water resources in the YellowRiver Basin new changes. Xiaolangdi project in terms of ecological water, put intouse, the lower reaches of the Yellow River’s water flow faster, sediment transportcapacity becomes stronger, therefore, reduced sediment water. In recent years, seriousland degradation and desertification in the upper reaches of the Yellow River region,and the need to allocate a certain amount of water to wind and sand. Domestic water,the population growth rate of the three regions of Ningxia, Qinghai, Shanxi faster thanother areas of the basin, therefore, should share more water to meet the people’s livingwater. In the production of water, the faster growth rate of the upper reaches of theYellow River irrigated area, the share of the amount of water should be increased in order to meet the development of agriculture. Industrial water, the Yellow River Basinconstruction Ningdong energy base, Shanxi from some large willow coal bases,Shaanxi Yulin energy industry base of energy and chemical base, energy and chemicalbase related to the development strategy of coordinating things, You need to allocate acertain amount of water to be supported. In addition, in recent years, the Riverintensify exploitation of groundwater, the formation of a lot of the "funnel" the city,these areas also need the right amount of water to replenish groundwater andgroundwater in the Yellow River Basin should also be allocated. The87watershedprogram "since the implementation of the decrease, the total amount of waterresources in the Yellow River Basin, and should therefore be re-enacting the programof the Yellow River watershed.Available Yellow River water allocation plans exist mechanisms defects. Forexample, there is no establishment of the water distribution system covers the threeadministrative regions of the province, city and county, leading to the formulation ofthe watershed program difficult to implement; does not play the role of marketmechanisms in water allocation, resulting in inefficient use of water resources; andwater allocation dispute settlement mechanism is difficult to play a role; Yellow RiverConservancy Commission as the Yellow River basin management agency, not enoughpower to monitor the Yellow River water resources can not be in accordance with thewatershed program implementation.Colorado River and the Yellow River Basin Environmental similarity, but itswater allocation at the advanced level in the world. Colorado River following themanagement experience: Adhering to Managing water; various types of consultationand management mechanisms; allocation of water resources, the introduction ofmarket mechanisms. Should learn from the Yellow River water allocation process.Improve the contract system, the establishment of the "Yellow River available forwater allocation plans should first improve the legal system of the Yellow River WaterAllocation shall formulate a special law of the Yellow River water allocation,insufficient to modify the existing water allocation provisions in existing laws, theestablishment of the Yellow River water allocationcovering the three administrativeregions of the province, city and county water distribution system, and improve the supervision mechanism of the Yellow River water allocation. Secondly, it should be inaccordance with decision of the Yellow River water allocation plans of various factorschange, re-development of the Yellow River water diversion scheme.