水资源国家所有权的实现路径及推进对策

回顾了学术界对水资源国家所有权性质的讨论,论述水资源国家所有权的法律地位,从公法和私法两方面分析水资源国家所有权的实现路径,并探讨水资源国家所有权实现的推进对策,包括厘清水资源行政管理权与国家所有权的边界,明确行业行政主管部门的管辖职责,培育并发展壮大水权水市场,进一步健全水资源价格形成机制,促进水权流转。     

Legislating for Adequate Public Participation in Allocating Water in Australia

Abstract

In the mid-1990s Australia embarked on a program of reforms including the introduction of private property rights in water, the allocation of water for the environment, and increased public participation where new initiatives are proposed. Many of the water allocation and management practices adopted in the country have originated from states in the Murray-Darling Basin. This article considers the different approaches taken in NSW, Queensland; and Victoria. In each of these states, public participation has been an evolving process, giving rise to difficulties of a slightly different nature. The article outlines the policy and theory behind public participation and sets out the legal provisions for its inclusion in water planning. It explores the main issues in the implementation of the legislation. The Australian experience suggests that policy makers and legislators did not initially draw upon the extensive research that was in existence on effective public participation. However, changes were made to make the processes more inclusive. Capacity building of participants, independent scientific support, and access to data were some of the most critical factors in effective public participation. Because the public had the opportunity to participate and influence decision making in water allocation, some potential legal conflict was avoided. Of the states examined, Queensland had the best legislative template for public participation although improvements could be made in many areas.     

The Participatory Regime of Water Governance in the Iberian Peninsula

Abstract

Transparency and public participation are important ingredients to achieve effective water governance. Since the Rio Conference, diverse international instruments advocate access to information and public participation in river basin management. At the European Union level, the Water Framework Directive (WFD) establishes specific obligations for member states to include the public in the planning and management of river basins processes. In addition, the WFD Guideline on Public Participation includes three forms of public participation: active involvement, consultation, and provision of information. At the present moment, Spain has a legal and institutional framework that allows a very limited participatory process: only water users holding an economic stake can participate in the management of Spanish river basins. Concerning transparency, the law establishes the right to accede to information but this right has two different levels: for the general public and for water users. In the Iberian shared river basins regulated by the 1998 Luso-Spanish Convention, mechanisms allowing public participation in the terms of the WFD are not in place yet. It is necessary to reform the legal and institutional framework to facilitate real participation and to achieve effective water governance.     

Hungarian Experiences with Public Participation in Water Management

Abstract

The paper reviews the experience of public participation in water management decisions since the political transition in Hungary. Ongoing practices of public participation are examined through the critical analysis of three cases: (i) the Gabcikovo-Nagymaros dam project which has been known as the source of Europe's longest and most complex transboundary environmental conflict; (ii) the development of water quality legislation by the national government; and (iii) an integrated land use planning project in the region of the Szentendrei-island. Based on the above cases, factors promoting and hindering effective public participation are identified. Key promoting factors include the activity and professionalism of civil society organizations, the financial support provided by international funding agencies and other foreign sponsors, the methodological support provided by professional organizations, and the social learning process taking place in the society. Factors hindering effective public participation include the resistance to public participation on the part of several public officials and planners, the lack of methodological knowledge to manage public participation procedures effectively, the lack of interest and passivity on the part of the public, the lack of trust between various stakeholders, and some recent negative trends in the development of civil society. It is concluded that although the existence of a legal framework, which allows for the possibility of public involvement, is a necessary precondition for comprehensive public participation, but it must be supplemented by other elements that facilitate public participation.     

The Need and Requirements for Modernizing Surface Water Quality Monitoring in the Russian Federation

Abstract

Water quality monitoring in the Russian Federation faces political, technical, institutional, and financial problems. The current Russian model for gathering and production of water quality data is unreliable, out-of-date, and disconnected with current water management issues. While insufficient financing and ineffective legislation are the most obvious limitations, more importantly there is a need for a major overhaul of the program that would begin with a national framework for water quality management. This framework would provide for legal, institutional, and technical modernization of the program within a clearly-defined set of national goals for water quality management. The monitoring program in use in Russia is the legacy of the former USSR. The current growth of national priorities in terms of control and improvement of surface water quality is in contrast to the nation's decreasing ability to provide appropriate information within sustainable technical and institutional environments and that is affordable. This situation requires a new model based on the development of a flexible monitoring system focusing on water quality management. Ensuring financial stability of the monitoring system requires having a transparent and consistent program meeting the specific demands of water management. This, in turn, requires resource-saving methods and innovative relationships between agencies and with the private sector allowing cost reductions for the government.     

Contemporary legal analysis of China’s transboundary water regimes: international law in practice

China’s rapid development places growing pressure on its water resources, including its considerable transboundary waters. This paper analyses the current situation of China’s transboundary water regimes through a legal analytical framework. The evaluation of treaty and state practice reveals that while China adheres to and follows some fundamental rules of international water law, gaps remain. New trends in China’s state practice and in the field of international law offer interesting opportunities for addressing these shortcomings.     

改革中央水利国有资产管理体制的理论思考

改革水利行政事业性资产管理体制的原则是“中央、地方分级所有,水利部、流域机构分级监管,行政事业单位占有使用”。改革的思路是建立一个“权责明确,监管有力,配置灵活,有效使用”的管理体制,改革水利经营性资产管理体制与运行机制的思路是“构造运营主体,实现所有权与经营权相分离,引入竞争机制,实现运营主体产权多元化;强化约束激励机制,统筹兼顾各方利益”。流域控制性水利工程资产产权必须归流域机构,这是流域控制性资产的公益性质所决定的。     

基于水权分配与交易的水管理机制研究 ——以新疆塔里木河流域为例

结合新疆塔里木河流域的实际情况，首先从对策论的角度对水资源在上、中、下游地区分配使用的冲突进行了剖析，认为计划经济体制下行政命令式的水管理概念和模式越来越难以适应稀缺程度不断加剧的水资源分配和利用形势。现行水管理机制缺乏相应的利益调节和经济激励手段。作者从水资源产权界定、分配和交易的角度对塔里木河流域水管理机制创新进行了分析和探讨。基于水权分配和交易的流域水管理机制模式为其它流域水资源分配利用和全国水资源实现可持续发展和管理提供了有益的思路。     

Water and the CGIAR: A Strategic Framework

Abstract

Among the many institutions addressing development issues at the international level, the 16 research centers of the Consultative Group of International Agricultural Research (CGIAR) focus on the goal of reducing poverty, hunger, and malnutrition by sustainably increasing productivity of resources in agriculture, forestry, and fisheries. The CGIAR has certain comparative advantages in carrying work in water at the various scales, from the farm up to global, that should be offered to the international community. This discussion paper addresses the question: what are the major water issues relevant to the CGIAR goal? The paper also presents a justification of the research needs and opportunities as well as some initial ideas for the development of a specific research agenda on each area. While other international organizations are very active in many international initiatives, the CGIAR is one of the few that could contribute much needed research information in many world areas. The CGIAR must focus more on water in relation to the plight of the poor in particular. There is a need to increase the adaptive capacity of the poor, and to manage the water supply and quality constraints. This could be achieved by focusing at the community level and by developing inexpensive, easy to use monitoring tools that would alert the communities of forthcoming problems and provide them with means to take remedial action. This action is often needed long before there is any hope of changes in policy and other macro-level interventions. The fundamental issue of water as a food requires that attention be given to the quantity and quality of water available for domestic use in poor households and communities. Health issues associated with domestic supply and with irrigation management have been important research themes in the CGIAR and demand increasing attention. Given the current composition, activitiesm and comparative advantages of the CGIAR, it is proposed that research on water management should focus on the following four broad general areas: (1) improving the efficiency of water use in agriculture through increased water productivity; (2) management of watersheds for multiple functions; (3) management of aquatic ecosystems, in particular those sharing boundaries with terrestrial ecosystems; and (4) policy and institutional aspects of water management. As the aim of water management research is to address water constraints and issues in an integrated manner, the four areas cannot be treated in isolation from each other. There is thus a need for the fifth area for achieving integration at and across different scales.     

中美饮用水源地突发事件应急管理研究

为了确定进一步完善我国在饮用水源地突发事件应急管理方面的研究方向,通过收集和整理国内外相关研究资料,从法律层面、管理层面、预警体系3个角度入手,综述了中美两国饮用水源地突发事件应急管理的现状,并从加强立法和规划、严控污染源,完善管理体制、鼓励公众参与,加强水源地突发事件应急预警体系建设3个方面归纳了有关学者对饮用水源地突发事件应急管理提出的建议。     

Characteristics and functions of water institutions

This article outlines the history of legislation in Japan covering the range of issues connected with the control and use of water resources. The legal aspects of flood control are first discussed, and the conflict between public and private rights examined. The legal and actual status of rights to water use are next considered; it is noted that groundwater use has posed particular problems. Thirdly, recent innovations in environmental policy are described; these concern the protection of water quality and quantity, and more recently the aesthetic aspect of riverine environments. Appendices provide a chronology of Japan's recent history as it concerns water use, and a summary of the themes and objectives of new water policies.     

A Brief Historical Analysis of Water Rights in South Africa

Abstract

This article reviews the historical development path of water rights in South Africa during the last 300 years or so. The basic finding is that water rights have come full circle. As early as 1652, the Dutch Company rulers declared water as public commodity and dominus fluminis status of the state, and they imposed the Roman-Dutch law in the country. The British, in contrast, privatized water and linked it with land tenure, thus establishing the supremacy of the riparian principle, and the apartheid government tried to swing the balance again to the Roman-Dutch law. However, the modern law under the democratic regime has appointed the central government as trustee of water resources with the major objective of promoting the efficient, sustainable, and beneficial use of water in the public interest and providing equitable access to water to all. However, it has brought much more responsibility than that envisaged by the law-makers.     

半干旱地区水资源可持续利用的保障及配套措施

通过对半干旱地区的水资源特点分析,提出了一系列的改革措施。即提高节水观念和意识;建立健全完善的水资源法律体系;建立科学统一的水资源管理体系;加快水资源投资机制的改革;建立可持续水价形成机制;加快水资源信息化建设等水资源管理相关体制的改革;建立相应的水资源供给与高效利用保障体系,以达到水资源可持续利用和发展目标。     

我国水资源资产管理制度建设的探讨

作为一种自然资源,将水资源作为资产管理在我国还是一个新课题,意义重大,值得深入研究。在对水资源资产属性和资产管理内涵进行讨论的基础上,分析了水资源资产产权的管理方向,对其主要制度建设及完善措施进行了探讨。最后,从理顺现有水资源资产管理体制及其核算体系的建立和分类管理,完善水资源价格政策,培育和规范水权交易市场,健全相关法律法规等方面提出了对策及建议,可为我国进一步开展水资源资产化管理提供理论基础。     

小型水利工程产权制度改革探讨

为适应我国社会主义市场经济需要,对小型水利工程明晰产权、放开使用权、搞活经营权等一系列产权制度改革,是解决我国现状小型水利工程产权不清、投资不足、经营不善等问题的有效手段,对实现社会多元化办水利、推动水利产业化进程具有十分重要的意义。介绍了小型水利工程产权现状、省内外改革经验,提出我国小型水利工程产权制度改革思路和应注意的问题。     

Smooth flows? Hydrosocial communities,water governance and infrastructural discord in Peru’s southern highlands

ABSTRACT

The article examines how the design and governance of Peru’s water infrastructure shape the social practices and cultural values stakeholders engage in and draw on when negotiating water rights in a year of drought. Reviewing ethnographic data on a large irrigation project in south-western Peru, we discuss how the project both perpetuates power relations between water experts, authorities and users and creates room to challenge its hierarchical organization. The project’s infrastructural assemblage of state and community canals offers an interesting case to explore how the stakeholder cooperation encouraged by Peru’s water law produces hydrosocial communities.     

Management of Water Resources

Abstract

Recent reforms in water resources management in the Murray-Darling Basin are discussed from the perspective of water allocation, water rights, irrigation, and the environment, with particular reference to differences between details in the states of Victoria and New South Wales. A similar review of water resources management is made for Vietnam with some further discussion of the new water law of 1998. Contextual differences are discussed and the opportunities for Vietnam to make use of Australian experience are briefly analysed.     

State,market or community failure? Untangling the determinants of groundwater depletion in Copiapó (Chile)

This article analyzes the factors that explain why groundwater can be over-exploited despite the existence of sophisticated water laws, institutions and effective state agencies responsible for water management. The analysis is based on a case study conducted in the Copiapó Valley in northern Chile. Based on an analysis of water use data, policy documents and interviews with a variety of stakeholders, the article highlights the state’s failure to perform some of its key missions and the ineffectiveness of groundwater users’ associations in water management despite a very supportive legal framework. The article concludes with some recommendations on how ensure long-term sustainable groundwater use.     

新的水资源优化配置机制研究

总结了我国的水权现状,并对美国、澳大利亚和智利等国家的水权转让作了回顾.同时对我国零星的、非正式的水权转让作了简要分析.由于水资源是一种归国家所有的稀缺资源,水交易在我国一直没有法律或法规依据.新的取水许可管理条例规定了可以对水资源进行交易,为我国今后的水资源优化配置提供了相应的法律保障.文中借鉴澳大利亚等国家有关水权转让的经验,并分析我国水权转让的现状和问题,提出我国水交易可以遵循的模式,从而实现对稀缺资源的优化配置.     

Towards a more flexible water concession system in Spain: public water banks in Andalusia

The traditional management paradigm that has governed water policy in Spain during the last century is currently undergoing a critical process of change. Recently, regional Andalusian and national legislation have developed a new framework, where novel strategies, based on the reallocation of concessional rights, can be adopted to respond to water shortage conditions. The purpose of this study is to examine the factors that could potentially affect the legal reform in Andalusia, which is targeted at developing a market-based redistribution system of water rights in the various river basins within the region.