| | |
| Some Opinions of the Ministry of Water Resources on the Transfer of Water Rights | | 水利部关于水权转让的若干意见 |
(No.11 [2005] of the Ministry of Water Resources) | |
（水政法[2005]11号） |
All river basin institutions, water resources (water affairs) departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, all water resources (water affairs) bureaus of all cities directly under state planning and the Bureau of Water Resources of the Xinjiang Production and Construction Corps: | |
各流域机构，各省、自治区、直辖市水利（水务）厅（局），各计划单列市水利（水务）局，新疆生产建设兵团水利局： |
The improvement of policies and regulations on the transfer of water rights (referring to the transfer of the use right to water resources, similarly hereinafter) and the promotion of effective utilization and optimal allocation of water resources are important links for the scientific development and sustainable utilization of water resources. Under the guidance of the work policies of the Central Government concerning water resources and the water-control ideas in the new age, the practice of transferring water rights in some areas has been carried out in recent years, which has promoted the reasonable transfer of the use right to water resources and the optimal allocation, effective utilization, saving and protection of water resources. In order to push forward the institutional construction of water rights and regulate the transfer of water rights, the following opinions on transferring water rights are given as follows. | |
健全水权转让（指水资源使用权转让，下同）的政策法规，促进水资源的高效利用和优化配置是落实科学发展观，实现水资源可持续利用的重要环节。在中央水利工作方针和新时期治水思路的指导下，近几年来，一些地区陆续开展了水权转让的实践，推动了水资源使用权的合理流转，促进了水资源的优化配置、高效利用、节约和保护。为进一步推进水权制度建设，规范水权转让行为，现对水权转让提出如下意见。 |
| |
|
| I. Earnestly Promoting the Transfer of Water Rights | | 一、积极推进水权转让 |
| |
|
| 1. Water is a kind of fundamental natural resource and strategic economic resource, and the lifeline of human existence as well as an important material base for the sustainable development of the economic society. The frequent occurrence of floods and droughts, serious water loss and soil erosion, aggravated water pollution and the shortage of water resources have become important factors that have checked the economic and social development of our country. The basic solution to the conflict of shortage of water resources of our country is to build a society featuring water saving and pollution preventing, to realize the optimal allocation of water resources and to improve the efficiency and benefits of utilizing water resources. | | 1．水是基础性的自然资源和战略性的经济资源，是人类生存的生命线，也是经济社会可持续发展的重要物质基础。水旱灾害频发、水土流失严重、水污染加剧、水资源短缺已成为制约我国经济社会发展的重要因素。解决我国水资源短缺的矛盾，最根本的办法是建立节水防污型社会，实现水资源优化配置，提高水资源的利用效率和效益。 |
| |
|
| 2. The basic role of the market mechanism in allocating resources shall be brought into full play so as to promote the reasonable allocation of water resources. All regions shall make bold explorations and innovations, and earnestly carry into effect the transfer of water rights so as to accumulate more experiences for establishing a perfect system of water rights. | | 2．充分发挥市场机制对资源配置的基础性作用，促进水资源的合理配置。各地要大胆探索，勇于创新，积极开展水权转让实践，为建立完善的水权制度创造更多的经验。 |
| |
|
| II. Basic Principles for the Transfer of Water Rights | | 二、水权转让的基本原则 |
| |
|
| 3. The principle of sustainable utilization of water resources. In the transfer of water rights one shall respect both natural property and objective principles as well as the commodity property and law of value in regard to water, be adapted to the demands of economic and social development for water, concurrently make overall planning for and give attention to living, production and ecological needs for water, taking a river basin as a unit, comprehensively coordinate the relationship between surface water and ground water, the upstream and downstream areas, the left and right banks, the mainstreams and branches, water quantities and water quality, and the development and utilization as well as the saving and protection, bring into full play the comprehensive functions of water resources and realize the sustainable utilization of the water resources. | | 3．水资源可持续利用的原则。水权转让既要尊重水的自然属性和客观规律，又要尊重水的商品属性和价值规律，适应经济社会发展对水的需求，统筹兼顾生活、生产、生态用水，以流域为单元，全面协调地表水、地下水、上下游、左右岸、干支流、水量与水质、开发利用和节约保护的关系，充分发挥水资源的综合功能，实现水资源的可持续利用。 |
| |
|
| 4. The principle of combining governmental regulation with market mechanism. The ownership of water resources belongs to the State and shall be exercised by the State Council in the name of the State, and the State shall carry out unified administration and macro regulation to water resources, and the governments at all levels and the competent administrative department of water shall administer the water resources according to law. The market's role in allocating water resources shall be fully exerted so as to establish a water resource allocation mechanism featuring both governmental regulation and market adjustment. | | 4．政府调控和市场机制相结合的原则。水资源属国家所有，水资源所有权由国务院代表国家行使，国家对水资源实行统一管理和宏观调控，各级政府及其水行政主管部门依法对水资源实行管理。充分发挥市场在水资源配置中的作用，建立政府调控和市场调节相结合的水资源配置机制。 |
| |
|
5. The principle of combining fairness with efficiency. In order to accommodate to requirements of national economic distribution and industrial restructuring, the water resources shall be shifted to industries of low pollution and high efficiency on the premise of grain safety guaranty and steady agricultural development. The transfer of water rights shall first satisfy the needs of urban and rural inhabitants in their domestic use of water and give overall consideration to the ecological environment's need for water, and the basic requirements of agricultural use of water shall be safeguarded when transferring water rights from agriculture to other industries. The transfer of water rights shall be able to contribute to the establishment of a society featuring water saving and pollution preventing and avoid the lopsided pursuit of economic benefits.
．．．．．． | | 5．公平和效率相结合的原则。在确保粮食安全、稳定农业发展的前提下，为适应国家经济布局和产业结构调整的要求，推动水资源向低污染、高效率产业转移。水权转让必须首先满足城乡居民生活用水，充分考虑生态系统的基本用水，水权由农业向其他行业转让必须保障农业用水的基本要求。水权转让要有利于建立节水防污型社会，防止片面追求经济利益。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥300.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | |
| | | |