The system of wetland ecological water use
4.7 The system of wetland ecological water use
4.7.1 Definition and significance The system of wetland ecological water use includes the water draining and in-taking system and the wetland ecological water use water compensation and safeguarding system. The wetland ecological water use system can guarantee the water amount and water line at a certain time within a certain space, and is therefore of great realistic significance to rehabilitate and adjust the damaged ecosystem and to maintain the viability of ecosystem of a river basin or a region.
4.7.2 Provisions suggested for the wetland ecological water use system Article n: The people’s government at and above the county level shall take measures to combine water resources utilization with the wetland protection, make overall plans for the within-region or within-basin water balance, and take into full consideration the need of ecological water use for wetland protection.
Article n+1: The water administration department with the State Council shall, together with the forestry administration department and other related departments of the State Council, formulate the national basin water resources planning and the medium- and long-term water planning to safeguard the wetland ecological water use ; the water administration department with the people’s government at and above the county level shall, together with the forestry administration department and other related department at the same level, formulate annual water dispatch planning and water allocation planning so as to ensure the wetland ecological water use .
Article n+2: Where production or construction activities are carried out in natural wetlands or their upriver areas, strict limitations shall be imposed to limit relevant parties to divert or pump water from the wetland, so as to prevent wetland degeneration due to lack of water.
Article n+3: Where, due to public interests needs or other urgencies, water is to be directly fetched from the important state wetlands or diverted from their upriver, the water receiving regions’ government at and above the county level shall submit the water fetching, diverting or supplementing schemes for examination and approval to the water administration department with the State Council or relevant drainage basin management commission (together with the forestry administration department with the State Council), and then carry out water fetching or water diverting.
After the urgent water fetching or diverting, the water receiving region’s government at and above the county level shall, according to the approved water charging scheme, timely carry out the scheme and be responsible for all the expenses in the water charging activity.
Article n+4: People’s government at all levels shall, when important wetlands are serious lack of water, implement the urgent eco-water charging system at the wetland. The water administration department with the State Council shall formulate and implement the urgent
General analysis and recommendations on China’s legal implementation mechanism for wetland biodiversity conservation
eco-water charging plans for important state wetlands, jointly with the efforts of their respective people’s government at the provincial level.
The urgent eco-water charging for important local wetlands shall be implemented in accordance with relevant state regulations. The wetland eco-water charging expenses shall be integrated into the budget of the people’s government at all levels. The calculating measures and technical standards of wetland ecological water use shall be formulated by the forestry administration department with the State Council, jointly with the efforts of the water conservancy department, environment protection department and land resource department and other related departments of the State Council.