80108 THE WORLD BANK WATER PARTNERSHIP PROGRAM Design of ET-Based Water Rights Administration System for Turpan Prefecture of Xinjiang China Design of ET-based Water Rights Administration System For Turpan Prefecture of Xinjiang China © 2013 The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. 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Table of Contents Abbreviations and Acronyms............................................................................................. v Acknowledgements.................................................................................................................vii Executive Summary.....................................................................................................................ix Chapter I - Introduction.......................................................................................................... 1 1.1 Study Background........................................................................................................................ 1 1.2 Overview of Turpan Prefecture and Study Area.................................................................... 3 1.3 Relation of This Study to Xinjiang Turpan Water Conservation Project............................. 4 Chapter II - Water Resources Situation in Turpan Prefecture........................................................ 9 2.1 Turpan Water Resources Development, Utilization and Management............................... 9 2.2 Constraints in Current Water Rights Administration.......................................................... 17 Chapter III - A Need for Change......................................................................................................... 21 3.1 Why an ET-Based Water Rights Administration System for Turpan Prefecture?............ 21 3.2 Feasibility of Implementing the Proposed New System...................................................... 22 3.3 Benefits to Turpan Prefecture................................................................................................... 26 Chapter IV - ET-Based Water Rights Administration System...................................................... 29 4.1 General Ideas and Design Framework for the Overall System........................................... 29 4.2 Design of Water Rights Allocation Sub-System.................................................................... 33 4.3 Design of Water Rights Reallocation/Transfer Sub-system................................................ 48 4.4 Design of Water Rights Supervision Sub-system.................................................................. 51 4.5 Implementation of the ET-Based Water Rights Administration System........................... 56 Chapter V - Pilot Plan for ET-Based Water Rights Administration System.............................. 59 5.1 Background Information and Needs....................................................................................... 59 5.2 Management Organizations..................................................................................................... 61 5.3 Selecting Pilot Areas.................................................................................................................. 63 5.4 Water Rights and Water Allocations....................................................................................... 63 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China III Table of Contents 5.5 Water Rights Reallocation/Transfers...................................................................................... 64 5.6 Water Rights Supervision......................................................................................................... 64 5.7 Establishing Supporting Measures for Pilot Plan Implementation.................................... 65 Chapter VI - Conclusions..................................................................................................................... 67 Annexes 1 - Water Law of the People’s Republic of China............................................................................... 71 2 - Regulations for Water Withdrawal Permit.................................................................................... 87 3 - Strengthening Farmer Water User Associations........................................................................... 91 4 - Measures of Xinjiang to Implement National Water Law........................................................... 97 5 - Circular of Turpan Prefecture for Groundwater Management................................................ 107 6 - Shanshan County Pilot of ET-based WRAS................................................................................. 115 Boxes 1 - The Eight Special Study Activities.................................................................................................... 5 2 - Project Objectives and Key Performance Indicators....................................................................... 8 3 - Main Responsibilities of Turpan Water Bureau............................................................................ 13 4 - Main Responsibilities of the Construction Bureau....................................................................... 14 5 - Main Responsibilities of the Environmental Protection Bureau................................................. 14 6 - Main Responsibilities of the Land and Resources Administration Bureau.............................. 14 7 - National, Regional and Turpan Water Policies, Laws and Regulations.................................... 15 8 - Reasons for Adoption of an ET-Based Water Rights Administration System.......................... 22 9 - Advantages of an ET-Based Water Rights Administration System........................................... 22 10 - Reasons Why the ET Approach Is Feasible and Practical in Turpan Prefecture.................... 25 11 - Requirements to Establish an Effective Water Rights Administration System...................... 45 12 - Measures to Implement ET-Based Water Rights Administration System.............................. 56 Figures 1 - Roadmap to WRAS Design and Framework................................................................................... 6 2 - Relationship of This Study Activity (No. 7) to Other Seven Study Activities............................ 7 3 - Volume of Water Use of the Turpan Prefecture in 2008.............................................................. 11 4 - Percentage of Water Use of Turpan Prefecture in 2008............................................................... 12 5 - Framework of the Proposed ET-Based Water Rights Administration System........................ 31 Tables Table of ET Actual, ET Target and ET Allocation Calculations....................................................... 39 Selected References............................................................................................................................. 121 Map - Location of the Study............................................................................................................... 123 IV Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Abbreviations and Acronyms AAA Analytical and Advisory Assistance ARA Authority, Responsibility, and Accountability CU Consumptive Use DFID Development for International Development (UK) DRC Development Research Center MWR ET Evapotranspiration HWRC Household Water Rights Certificate IDD Irrigation and Drainage District IRBM Integrated River Basin Management IWM Integrated Water Management IWRM Integrated Water Resources Management JBIC Japan Bank for International Cooperation KM Knowledge Management KMI Key Monitoring Indicators KPI Key Performance Indicators MCA Ministry of Civil Affairs MER Monitoring, Evaluation and Reporting MES Monitoring and Evaluation System MIS Management Information System M&I Municipal and Industrial (water uses) MWR Ministry of Water Resources NDRC National Development and Reform Committee PAD Project Appraisal Document RIR Rights, Interests and Responsibilities RS Remote Sensing SIDD Self-Managing Irrigation and Drainage District SPI Supporting Performance Indicators TAC Total Amount Control Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China V Abbreviations and Acronyms TCC Total Channel Control TT Task Team of the Project WB The World Bank WPP Water Partnership Program WRAS Water Rights Administration System WRC Water Rights Certificate WSC Water Supply Company WSFPC Water Supply and Fee Payment Contract WUA Water User Association WWP Water Withdrawal Permit WWPS Water Withdrawal Permit System XTWCP Xinjiang Turpan Water Conservation Project XUAR Xinjiang Uygur Autonomous Region Vice President: Axel van Trotsenburg, EAPVP Country Director: Klaus Rohland, EACCF Sector Director: John Roome, EASSD Sector Manager: Mark R. Lundell, EASCS Task Team Leader: Liping Jiang, EASCS VI Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Acknowledgements This work was made possible by the financial contribution of the Water Partnership Program (WPP) - http://water.worldbank.org/water/ wpp. The study report was jointly prepared by a World Bank team and its counterpart - a Chinese team. The Bank team included Liping Jiang (Team Lead), George Radosevich, Dan Xie, Lijun Zhang and Jianxin Chen; The Chinese team included Yuxiu Zhong, Jian Fu, Baoqin Liu, Yining Wang, Qi Chen, Hongxian Liu, Peilei Li, Wei Li, Yimin Han, Xujie Fang, and Tianyi Shao. The study was developed under the general guidance and advice from John Roome, Mark R. Lundell, Ede Jorge Ijjasz-Vasquez, Sudipto Sarkar, Paul Procee, and Diego Juan Rodriguez; and strongly supported by Klaus Rohland and Mara K. Warwick. The study obtained strong support from the Development Research Center, Department of Water Resources under the Ministry of Water Resources, and Regional Water Resources Bureau of Xinjiang. Bingfang Wu and Yu Liu provided technical advice. Peiwu Cao and Yongxin Ye from Turpan Prefecture Water Resources Bureau worked closely with the study teams and provided excellent logistic arrangements for the study activities carried out in the study areas. The report also benefited from consultations with colleagues from within and outside the Bank who are simply too numerous to list. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China VII Design Of Water Consumption-based Water Rights VIII Administration System For Turpan Prefecture Of Xinjiang China Executive Summary 1. China’s increasingly serious water crisis threatens to become a potentially limiting factor of future economic growth and national development.1 In addition, some regions of the country have been severely affected by natural disasters such as droughts, floods, and earthquakes of an unprecedented magnitude that have further challenged water security. As a result, this impending crisis is not simply about the adverse impact of nature and climate change - it is about water management issues that are more prominent in arid parts of the country. It is a multi-dimensional crisis concerning quantity and quality of surface and ground water, and the non-homogeneity of water in space (within a river basin and administrative areas) and time (seasonal and random). Advanced engineering capacity can often help address water problems on a national, basin or local level, but without a good water resources management, these solutions are often applied at the expense of the environment, with a corresponding adverse impact not only on physical and biological ecosystem but also on the social aspects of human population. 2. Turpan Prefecture, located in Xinjiang Uygur Autonomous Region, has a very arid climate. However, the naturally occurring scarce water resources have been exacerbated over the last decade by rapidly expanding commercial agriculture, particularly the irrigated agricultural development. This has led to a drastic overdraft of groundwater in Turpan’s closed basin, threatening the sustainability of current water uses as well as the health of the ecosystem. Thus, the water crisis has become an increasingly serious challenge for the government’s current water allocation and management system. 1 Economic development and growth being limited by water availability is not something new in the world. In the USA and particularly in Colorado and California, legislation has been adopted on “limits-to-growth” and/or requiring developers to provide proof of sufficient water (water rights) for their project needs, approved by the state water authority. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China IX Executive Summary 3. The World Bank (WB), at the request of local for this arid and critically water scarce area of and national leaders, agreed to provide loan Xinjiang. Nevertheless, this report is only a part funds and technical assistance and oversight to of the integrated effort undertaken by the five implement a seven-year (2010-2016) Xinjiang components and eight special studies of the Turpan Water Conservation Project (XTWCP) project, and thus will not answer all the questions to address the water scarcity, security and or address all the complicated issues involved in management problems of Turpan Prefecture. The implementing the project objectives. project will introduce a new approach to water resources management in water-stressed Turpan 6. In designing the framework of WRAS, Prefecture - an evapotranspiration (ET) 1 - based the aim is to make the process of water rights integrated water management approach for its administration in Turpan practical, functional largest water user: irrigated agriculture. and understandable, particularly for agricultural water use allocation based on evapotranspiration 4. There are five project components of the (ET) - commonly referred to as consumptive use project. All five components are interdependent (CU) 3 . The proposed ET-based WRAS consists of as explained in the project appraisal document.2 three sub-systems: (a) water rights allocation, (b) The ET-based Integrated Water Management is water rights reallocation / transfer, and (c) water one of the important components of the project, rights supervision. The WRAS utilizes existing primarily for irrigated agriculture in the Turpan laws, organizations and instruments (e.g. water Basin, designed to implement measures for the permit forms), with modifications as necessary. management of consumptive water use on a basin-wide scale, and to establish a new and Why the current water rights system does not functional ET-based water rights administrative work; and why an “ET-Based WRAS”is needed system (WRAS) consistent with China’s 2002 for Turpan Prefecture. Water Law for the allocation of water use based on consumptive use. Where necessary, it will establish compensation programs for retirement 7. In 1988 China adopted a wide-ranging of farmlands from cultivation. n at ion a l wate r l aw t h at m a ndate d wate r resou rces pla n n i ng , development a nd 5. Eight special studies under the component management, but which was “unified” with the complement and supplement the XTWCP with administrative boundaries of provincial to local close linkages with each other, of which this governments - a water management concept research report is the seventh. The purpose of that defied satisfactory implementation. It also this report is to present the design, framework introduced the water withdrawal permit system and pilot implementation of an ET-based (WWPS) which allowed diversion of water water rights administration system (WRAS) only by permit holders for intended uses.4 In 1 ET is a term that is used for the consumptive use of water in agriculture. It describes the sum of the amount of water that is evaporated and transpired into atmosphere. Evaporation accounts for the movement of water from the ground surfaces to the atmosphere, including from the soil, canopy interception, and water bodies. Transpiration accounts for the movement of the water from plant leaves to the atmosphere. 2 The project background, components, objectives and schedule are explained in the Project Appraisal Document (PAD), as well as the interdependency of each of these components and studies. Of the eight special studies, study number 7 is on the development of ET- based Water Rights. 3 The concept and approach on ET and consumptive use of water have been addressed in the World Bank’s AAA studies Volumes 1 and 2 of the “Study on Water Rights Administration in China”, and also addressed in detail in the PAD of Xinjiang Turpan Water Conservation Project as well as relevant research papers on the subject published on the internet and newspapers. 4 In the case of irrigated agriculture, government institutions called irrigation and drainage districts (IDDs) that are closely attached to provincial or lower level water resources departments or bureaus are the permit holders. Some permits are held by farmer water users who divert directly from rivers or from pumping groundwater and which are now often organized as water user associations (WUAs) promoted by the central government. X Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Executive Summary 2002, a subst antial revision to the Water Law enforcement of the allocation based on diversion strengthened how water resources are planned, (or withdrawal) functions poorly. This leads managed, administered and supervised at the to increased water consumption, thus causing basin level through combined management over-use or misuse of water and declining of river basin and administrative boundaries.1 groundwater tables. As a result, many rivers The 2002 Water Law strengthened the WWPS and lakes have dried up, seriously degrading and added the “user-pays” principle for surface the environment. In practice, the current system and groundwater diversions.2 The law requires exacerbates the problems of overuse and misuse. that diverted water should be calculated based upon beneficial use requirements and the 9. Under the current traditional approach for local conditions. 3 Subsequently, a number of agricultural water management, the amount of important concepts and plans were proposed water to be diverted under a permit is, in theory, based on the revised Law. These included total based upon the needs of off-stream water uses amount control (TAC) of water resources; water (irrigation, municipal, industrial, etc.), and takes allocation, allotment and quota planning and into account the spatial and temporal aspects of plans; clarified comprehensive and special water at the point of diversion and conveyance master water plans at river basin at inter- and losses. During the process of water use, every intra-provincial administrative levels; and effort is made to “save” water by reducing promotion of water savings and creation of a conveyance losses, and then to divert this “saved” water-saving society, etc. water to expand irrigated areas or to urban industrial and domestic uses based on the needs 8. However, with these universal legislative of off-stream water uses. mandates the Turpan Prefecture water bureau has not solved the water allocation and 10. Under this traditional approach water is management problems in this area but has “saved” by reducing supply and application arguably contributed to the problems. The losses, for example by lining canals, using technical, administrative and inter-agency pipes and installing sprinkler or drip irrigation. jurisdictional issues have prevented the WWPS This reduces the amount of water that is "lost" from being an effective tool to manage the when measured at point of diversion to point of water resources in this basin. This is because delivery, as well as field "losses". Many people the allocation of water and subsequent then consider these amounts to be water that is 1 The 2002 revision of the water law made implementation possible of China’s 1994 White Paper endorsing the “Agenda 21” adopted at the 1992 UN Water Conference in Rio de Janeiro, Brazil that ushered in the integrated water resources management (IWRM) approach. China was the first nation to endorse the Agenda 21 proclamation including two important aspects: the “basin-management concept” and “integrated water resources planning and management (IWRM) at the basin level” or more correctly in China referred to as “integrated river basin management” (IRBM). Also in 1994, the World Bank introduced on a pilot basis under the Yangtze Basin Project, the self-financing/managing irrigation and drainage district (SIDD) concept that included farmer self-owned and operated water user associations (WUAs) and, where appropriate, water supply companies (WSCs). After more than a decade of piloting WUAs under many WB and DFID projects, the central government endorsed the WUA concept to promote farmer water user participation in local water management, particularly in adopting water savings practices. 2 Water resources fees are to be paid by all water diverters (permit holders) while requiring the payment of water charges for costs involved in delivering water for use by a water supplier to be paid by the water users. Similar water permit systems are universal, but more often with water users being the permit holders; hence they are responsible for diversion and delivery of water to place of use often resulting in a higher rate of irrigation efficiency to insure greater beneficial use, prevention of waste and lower costs. 3 Under the revised WWPS the State Council (SC) issued SC Decree 460 in 2006 entitled “Regulation for Water Drawing Permit and Collection and Management of Water Resources Fees” that provided details on implementing the permit system and supplemented by Ministry of Water Resources’ orders, regulations and forms. Accurate, timely and accessible water data and information is highlighted as being essential to water planning and management. Provincial governments quickly adopted implementing legislation for the new 2002 water law at their levels, and Xinjiang Uygur Autonomous Region (XUAR or “Xinjiang”) was amongst the first to adopt legislation to implement the water law, and supporting State Council decrees and MWR regulations, in accordance with their water resources, needs and environmental conditions. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China XI Executive Summary available to expand irrigated areas or to transfer to being consumed (as evapotranspiration), with a domestic or industrial uses. However, this water detrimental impact on downstream availability is not totally lost nor are the savings "real". This is recently. In many other water - scarce areas in because most of the water that "escapes" returns to the world that are similar to North China such as the water system through run-off or percolation, in Mexico, Egypt and Yemen and so on, policies maintains water table levels, and sustains healthy aimed at the increased water use efficiency ecosystems. During the last 10 years, most of without restrictive conditions have actually this “saved” water has been diverted to expand increased groundwater depletion. irrigated areas in Turpan Prefecture and this has caused serious over-abstraction of groundwater 13. The WWPS remains focused on water and degradation of local ecosystems. diversions or withdrawals of surface water and groundwater to meet the demand for “off- 11. A special report on water in The Economist stream” uses, with the permit held only by the (May 20, 2010) noted, "In truth, though, such party that withdraws the water. Consumptive water is not all lost: much of it returns to the uses or evapotranspiration (ET) targets are not aquifers below, from where it can be pumped quantified because the allocation criteria to up again. This involves a cost, in energy and determine the “beneficial use” needs of water therefore cash, but not in water. The only water uses and not all water users are included as truly lost in a hydrologic system is through the “owners” of the “water right” represented evapotranspiration (ET), since no one can make by an approved permit.1 Although the WWPS further use of it once it is in the atmosphere." may work in some areas of China, particularly the more humid and wet regions, it is not very 12. To achieve genuine savings, measures successful in many of the more arid or water should be taken to cut non-beneficial ET or scarce regions due to increasing water demands, reduce ET by reducing irrigated areas or or water pollution. In areas such as in the Turpan producing food with less transpiration. Growing and Tarim river basins limited surface water and more crops over a wider irrigated area or an receding groundwater tables, particularly the increase of cropping intensity over the same area resulting degradation of ecosystems, have caused raises the level of ET. In many water-scarce areas great concern to both water managers and water in the world similar to Turpan Prefecture, policies users. Although many new regulatory measures aimed at reducing the use or drawing of water have been adopted by provincial governments have actually resulted in increased groundwater the answer to the first question “why the current depletion. For example, in the Upper Rio Grande water rights system does not work?” is that basin shared by the United States and Mexico, water management problems persist because measures designed to make irrigation more the amount of water allocation is focused on the efficient have increased crop yields upstream, withdrawal, rather than the consumptive use of which in turn have raised the level of ET. The water, and there is no direct water management most recent example was from Murry - Darling or administrative link between the two. Basin of Australia, an increase in local ''irrigation water use efficiency'' - which is now being 14. This is the rationale to the second question encouraged by government subsidies - resulted “why an ET-based water rights administration in an increased proportion of abstractions system is needed in Turpan Prefecture?” For 1 The law requires water use contracts between permit holders and farmer water users. However, this is not consistently followed and still does not insure a “right” in the water users (WUAs in most irrigated agricultural areas). Only where the water users are also included as permit holders is this most likely. From an egalitarian point of view, the intention of the policy is for the permit holder to preserve the interests of the water users, and many if not most, permit holders (IDDs) attempt to operate in the best interest of their water users. XII Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Executive Summary irrigated agriculture, the most accurately use. The term “water rights” is a relatively new expressed and proven approach is to determine concept in China and is being increasingly used and deliver the consumptive use or ET by government and many disciplines. Universally, requirements, plus unavoidable conveyance water rights are “usufructuary rights” or “rights losses. An inseparable link 1 must exist between to use water”.3 Legally in China, a water right is the volumes of water diverted to meet the timely limited to a right to divert water. After the 2002 ET requirements in order to accomplish “real” Water Law was enacted, it became acceptable to water savings. If implemented and administered refer to the rights to divert water under the WWPS accordingly, this will greatly facilitate addressing as a “water right” that implicitly included the right the specific problems of water management in to proper delivery and beneficial use 4. However, Turpan Prefecture’s closed basin. under the new ET-based WRAS”, the objective is to make the water diverters/suppliers and water 15. To implement this ET approach in Turpan users the joint holders of this “water right” as a Prefecture, it is necessary to enrich the existing transition with mutual and interdependent rights, water permit system and ensure the approach is responsibilities and accountabilities, taking into carried out through monitoring and supervision. consideration the local and traditional conditions Previously, the standard approach was to in China. “Consumptive water use” is defined allocate water amounts for withdrawal as the as “water removed from available supplies criteria for permit approval, provided water without return to a water resources system (e.g., saving technology was adopted regardless of the water consumed in manufacturing, agricultural consequent over-use of water or expansion of processing, and food preparation that is not consumptive uses. The ET-based approach links returned to a stream, river, and groundwater water consumptive use requirements to water aquifer or water treatment plant). withdrawal allocations2. 17. Crop consumptive water use or 16. Several terms used in this report need brief evapotranspiration (ET) is the amount of water explanation or clarification to place the ET-based transpired during plant growth, plus the amount WRAS in perspective. These are water rights, that evaporates from the soil surface and foliage evapotranspiration and consumptive water in the crop area.5 ” Experts use the terms “ET” 1 This “link” refers to the connection between the total target ET at the basin level and the target ET at the field level for each of all water user groups after taking into consideration the other water needs for domestic and industrial uses and ecosystem restoration. 2 The amount of water withdrawn from a local water source can be divided into two parts. (1) the amount of water consumptively used (ET), and (2) the amount of water that returns (or is recycled) via runoff or deep percolation to the local water system. When the water right (right to use water) is based (only) on the amount of water withdrawn, there is a built in incentive to consume as much as possible, and to minimize the amount of return flows. 3 Partly because of the fugitive nature of water, this right to use water is different from property rights in land and personal assets that in most countries are considered “absolute rights”. Nonetheless, the water right is a real property right, a usufruct, and not a “lease” of water to use. In China, the state owns the water (like in Wyoming, USA and in many other countries) and holds it in “trust” for the benefit of the people. The State also has stewardship responsibility to make sure water is developed, used, managed and protected properly in the best interests of its society. 4 These permits (water rights) for the vast majority of water used by irrigated agriculture are held by government or quasi- government entities (irrigation and drainage districts, village and township water committees, etc.) with no or limited rights in the water users. Likewise for city and urban water uses, permits are held by municipal entities and water is delivered to households and other municipal water users who (as customers) either pay for the use of water or its availability is terminated. Further, benefits from water conservation and savings by the users generally accrue to the permit holder and not the water users (except in marginally lower water charges) by making the “saved water” available for sale, transfer or reallocation. Some irrigation water users, especially for groundwater withdrawals, obtain WWPs and thus are water right holders as diverter and user in a manner similar to most industrial water users. 5 "Report for Congress: Agriculture: A Glossary of Terms, Programs, and Laws, 2005 Edition" by Jasper Womach found at http://ncseonline. org/nle/crsreports/05jun/97-905.pdf. Many states in the U.S. focus on water scarcity and the impacts of consumptive use, such as Florida, with consumptive use permits while Nevada and Wyoming are two arid states where demand requires careful water management of limited water supply. As noted in Water Consumption and Conservation-Water Uses and Sources in Wyoming compiled by Mike Manning, Karen VanDeburg, and Phil Cornella (2004) “Water usage can be thought of as either consumptive or non-consumptive. Consumptive water use refers to any water that is either evaporated, transpired, or incorporated into the growth of vegetables or other food products, the industrial and food processing, and the municipal water uses.” http://www.angelfire.com/mi4/waterconsumption/index.html Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China XIII Executive Summary and “consumptive use” (CU) interchangeably. increasing farmers' incomes, and even including “ET is a term that is used for the consumptive reduction of irrigated areas, if necessary with use of water in agriculture. It describes ET as the compensation. This study proposes a design for sum of the amount of water that is evaporated, the administrative system to help reach the above transpired and, to a small extent, incorporated points that will be pilot tested consistent with the into plant products. Evaporation accounts for the other pilot efforts of the project.1 movement of water from the ground surfaces to the atmosphere, including from the soil, canopy 19. The design of the strengthened “water interception, and water bodies. Transpiration rights administration system” based on ET or accounts for the movement of the water from consumptive use of water was developed by the plant leaves to the atmosphere.” project’s task team (TT) working closely with the Development Research Center (DRC) of the 18. Based on the results obtained from the Ministry of Water Resources (MWR). The design World Bank’s Water Conservation Project (2000- utilized the existing water withdrawal permit 2006), and GEF Hai Basin Integrated Water system and other features provided for under and Environment Management Project (2004- the 2002 Water Law, decrees and regulations, 2011), recent improvements in technology enable and compatible with or requiring slight changes ET to be measured relatively accurately from or additions to Xinjiang and Turpan water the basin level to a small area (30x30 meters) legislation and implementing regulations. of irrigated agriculture. ET targets can be Every effort has been made to facilitate the calculated that serve as the basis for allocation understanding of the issues and design features along with diversion of surface and ground by providing boxes, figures and text explanations waters. The target ET is the amount of water or footnotes. It is hoped that this approach to consumption, not water withdrawal. The target water rights administration integrated with ET for irrigated agriculture will first be derived the other project activities will address and at the river basin level taking into consideration eventually resolve the acute water management the balance among consumption for urban use, problems of Turpan Prefecture and serve as a domestic use and ecological use (actual ET from useful model for other regions of China. ecological areas and elimination of groundwater overdraft), and then allocated to each of the WUAs and their water users at field level through local government authorities within the basin. The target ET allocated to a WUA will be converted into target withdrawal which the WUA could easily handle. Once a WUA receives its respective target ET, which would normally be much lower than its actual ET, it should reduce its actual ET to be lower than the target ET by carefully carrying out irrigation activities including cropping pattern adjustment, irrigations system design and improvements, and operations with irrigation scheduling while 1 It is important to note that farmer water users and WUAs within the XTWCP area will have their internal distribution and on-farm water application systems improved thus enabling them to meet their crop water requirements based on the calculated ET allocations. The PAD for Turpan Water Conservation Project explains how the ET for the basin water balance to farmer household use level will be calculated, including reasonable conveyance and field losses and other sector water uses. XIV Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter I - Introduction Chapter I - Introduction 1.1 Study Background 1. China is facing a “looming water crisis” in the midst of unprecedented economic growth and national development for which water may become a limiting factor.1 In addition, parts of the country have been affected by major natural disasters such as droughts, floods, and earthquakes that have a severe impact on water security. This “crisis” is not just about the adverse impacts of climate change, but also about water management issues that are more prominent in arid parts of the country. The challenge is a multi-dimensional crisis concerning the quantity and quality of surface and ground waters— and the non-homogeneity of water in space (within a river basin and administrative areas) and time (seasonal and random). Engineering advances can often help address water issues and problems at the national, basin and local, but this is often achieved at the expense of the corresponding environment. This also includes not only the physical and biological features but also the population of the local and national economies, especially the poorest water users. 2. Xinjiang, and Turpan Prefecture in particular, has a very arid climate with extremely scarce water resources. However, over the last decade water shortages have been exacerbated by rapidly expanding commercial irrigated agriculture, industry and municipal needs. This combination has led to a drastic overdraft of groundwater in the closed basin threatening current water uses and the ecosystem of the prefecture. This impending water crisis has already challenged 1 A limitation on economic development and growth because of water availability is not a new issue in the world. In the USA, especially in Colorado and California, legislation has been adopted on “limits-to-growth” and/or requiring developers to provide proof of sufficient water (water rights) for their project needs, approved by the state water authority. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 1 Chapter I - Introduction the government’s traditional water allocation all other activities from the five components and and management system systematically applied other special studies.2 under the 2002 Water Law. Urgent and effective action is necessary to prevent further widespread 5. Essentially, this special report focuses on the deterioration in all matters affected by water. design of a framework to implement the World Bank project’s approach to improve the allocation 3. To manage water in a river basin in a and management of water in the closed basin of comprehensive, integrated and realistic manner Turpan Prefecture’s by concentrating on ET/CU the sources, needs, diversions, uses and as the basis for the water right with appropriate impacts on return flows and the environment administrative modifications. must be accurately measured. The data and information must be accurate and timely to 6. The report is structured into chapters and properly administer surface and groundwater sub-topics to answer the questions of “where” in a comprehensive and integrated manner. This (Turpan Prefecture), “what” (current status is especially important with the various types of water availability, needs and practices), and areas of uses found in a closed river basin “why” (because the current system of water with a sound system of water allocation and allocation and management is not working), accountability for dynamic decision-making. “how” (introducing and piloting the ET based water rights administration system consistent 4. The local and regional governments sought with other project activities) and “when” (over a World Bank assistance in creating a project to project period of five years with notable progress address the water crisis of Turpan Prefecture. The to improving water management and ambient Bank responded by designing a project directly conditions that will be carried on through oriented to the expressed needs and abilities of commitment of the government and water user the Turpan Prefecture and its water bureaus, stakeholders). water suppliers and water users consistent with the existing water law and regulations. 1 7. Thus, the six chapters of the report cover the This project built upon the World Bank’s water following issues: management experiences in ET approach and technologies of the Hai Basin. It also incorporates Chapter   1 provides a background of the study the results from the Bank’s AAA report on Study and brief summary of its relations to the on Water Right Administration System, which Xinjiang Turpan Water Conservation Project focus on how to adjust to the administrative (XTWCP) allocation and management of water within Chapter 2 describes the water resources   the existing water law provisions. Although situation, developments and management beyond the scope of this special study, successful with specific focus on the problems, project implementation is contingent upon the constraints and weaknesses of the current interdependencies and coordination of this and water rights administration practices 1 This project and this special study do not focus on any legal challenges that might arise from the proposed changes to water rights and water rights administration. However, every effort is being made to comply with existing national and provincial water legislation. In other words, the legal issues are secondary to implementing a water allocation system for all users and needs of water within the Turpan basin while achieving a basin-wide water balance. The project focuses on an effective and efficient “administrative system for water rights” and not necessarily a “defensible legal system for water rights”. Legal issues that may arise will be addressed and appropriately resolved by the Turpan Prefecture government. 2 To fully (assist with the) understanding of this report, it is suggested that readers review the Project Appraisal Document (PAD) to learn of the linkages between the five components and the eight special studies and how efforts have been made to integrate the innovative water management approach of water allocation base on evapotranspiration or consumptive use by the end user to relieve the financial burden through improvements to the delivery and on-farm water distribution systems and improved technologies. 2 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter I - Introduction Chapter   3 explains why an ET based WRAS is north to south and 300 kilometers across from appropriate to sustainably address the water east to west. High mountains slope down from management needs in Turpan Prefecture, the the north with low lying areas in Turpan Basin. feasibility of the proposed approach drawing The central part of the basin is mostly below sea on similar experiences and legal/admistrative level with Lake Aiding (a saltwater lake) in the conditions in the United States, and the benefits southeast of Turpan City being 154 meters below that are expected for Turpan Prefecture sea level—the lowest point of Turpan Basin, the government, water users and the ecosystem lowest inland area of China, and second lowest Chapter 4 outlines the general and specific   area in the world. Turpan Prefecture consists of design of the proposed ET based WRAS one city-county (Turpan City) and two counties framework with its three sub-systems set out (Tuokexun and Shanshan), with the three in detail, and a discussion of legislative and project areas and terrain features highlighted administrative measures needed to support in the attached map for Xinjiang Turpan Water implementation of the proposed framework Conservation Project. Henceforth, reference will Chapter 5, describes the pilot plan to test the   be made to the prefecture level and three county proposed WRAS and synchronize it with the levels, except in direct reference to Turpan City. other activities Chapter 6 concludes the report, including   9. Typical of warm temperate continental desert reasons why this ET based approach will climates, the region is abundant in heat with work technically and administratively, plentiful sunlight, but extremely dry with little and identification of various critical issues rainfall and strong and frequent winds. The annual to ensure successful implementation of average precipitation in the region is only 6.3-25.3 the project and the WRAS (these issues mm with annual evaporation as high as 2,751- 3,744 may or may not arise, depending on the mm, making it one of the most extreme dry desert progress of the project and the diligence and areas in China. The surface water sources are run- resourcefulness of the water bureau officials off from the Tianshan Mountain range through and water users in adopting and adapting the some 14 ravines, which converges on bowl project activities) shaped low-lying inhabited lands. Although this provides the source for surface water diversions 1.2 Overview of Turpan Prefecture and for agricultural uses as well as groundwater table Study Area recharge, it also poses an additional concern due to the annual threat of flooding from the mountain 8. Turpan Prefecture is located in the east of flash storms or snowmelt. 1 Xinjiang Uygur Autonomous Region (XUAR) in the central part of Turpan Basin at the southern 10. Currently, Turpan Prefecture implements foot of Bogeda Mountain, an eastern branch a traditional/conventional water rights range of Tianshan Mountain. It has a population administration system as set out in the 2002 Water of over 580,000 and covers a total area of 69,700 Law, under which the efficiency of irrigation square kilometers accounting for 4.2 percent water use and reuse has been increasing, but of the total area of XUAR. The prefecture is with constant declining groundwater tables and approximately 240 kilometers in length from deteriorating environmental conditions. 2 This 1 The PAD notes that in the flood disaster of 1996, thousands of people were made homeless with direct economic losses alone estimated at US$67 million. Most of the basin’s floodwater, instead of being stored and utilized, is largely wasted through evaporation as it flows to downstream low-lying deserts. 2 XUAR and Turpan are applying a universal approach to water allocation in China based on the amount authorized for withdrawal in an approved permit and not with a focus on consumptive water use. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 3 Chapter I - Introduction situation has caused most of the Karez systems1 Karez water supply systems through integrated to dry up, and water shortages are becoming water resources planning and reasonable water increasingly serious. Although water shortages management. 2 are a natural characteristic of Turpan Prefecture with approximately the same amount of water 12. The project consists of five components: being used now as was used in the 1980s, the increasing consumptive use of water combined Component   One directly focuses on “ET with deteriorating environmental conditions are based integrated water management making these shortages very severe. One of the in Turpan Prefecture”, which is closely primary trends noted is that evapotranspiration connected with water consumption targets in Turpan Prefecture from irrigated agriculture of the prefecture, the counties, the townships has continuously been rising. and the WUAs. A new form of integrated water resources management plans and 1.3 Relation of This Study to Xinjiang system of water rights administration will Turpan Water Conservation Project be developed and implemented to enable the prefecture government to improve water 11. The development objective of the six- resources allocation, use and administration year (2010-2016) World Bank funded Xinjiang Component Two is designed to “increase   Turpan Water Conservation Project (XTWCP or upstream water storage capacity through one “the project”) is to help the arid Turpan Basin small-sized reservoir and two medium-sized fundamentally change its economic growth reservoirs constructed on the narrow rivers pattern from its current reliance on groundwater in the northern mountains of Turpan, to overexploitation (resulting in devastating increase the flood control capacity of the three effects on the fragile oasis ecosystems and major watersheds in Turpan Basin, improve important cultural heritage resources) to a downstream water supply and ensure more sustainable development pattern based minimum annual ecological flows in the river on rational and integrated water resources courses.”3 planning and management. The project aims to Component Three focuses on “real water   improve agricultural water productivity, achieve saving in irrigated agriculture” and irrigation real water saving, reduce flood risk, cut down management measures that will be carried groundwater overexploitation, increase industrial out in Turpan Basin. In some areas, surface and domestic water supply, and boost farmers’ water will be supplied through construction incomes from irrigated agriculture. The project or reconstruction of canals to substitute for will adopt an innovative but proven approach groundwater use in order to close down some focused on ET water management to promote of the wells. In other areas, conjunctive use of socio-economic development, protect the oasis ground and surface water will be promoted to ecosystem and preserve part of the ancient optimize available water resources 1 A typical Karez system in Turpan Prefecture is described in the PAD, p. 2, footnote 1, as an ancient means to convey groundwater through an underground channel system by gravity flow for surface water use, which greatly reduces ET (and conveyance losses which a surface water delivery system will experience unless lined canals are used). 2 To address and mitigate the water shortage caused by over-use and extraction of groundwater, it was necessary to reduce the non- beneficial evapotranspiration in conjunction with other activities. This should result in real water saving in the entire region, but has to be carefully integrated with the physical, engineering, economic, legal, administrative and other local conditions and measures. To accomplish an ET-based water management approach, it is necessary to design, refine and sustainably implement a “tailored” water rights administration system in Turpan Prefecture with allocation of water at the basin to user levels based on consumptive use or ET. 3 The XTWCP will attempt to redress the flooding problem through the construction of these strategically placed dams in the mountain foothills as measures to meet the first two key performance indicators of the project of reducing flooding that causes loss of life and economic losses. 4 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter I - Introduction Component   Four calls for “Karez system 13. Component 1 will be facilitated through rehabilitation”. One of the 300 Karez systems parallel research and testing by the eight special that are still in use in Turpan Basin will be studies activities listed in box 1. reconstructed to meet the requirements of prefecture cultural relic’s protection bureau 14. The purpose of this study is to outline the and the World Bank, and to provide a design for an ET-based WRAS framework1 for demonstration model for later rehabilitation Turpan Prefecture. This framework will consist of the other Karez systems in use of the following three sub-components: Component Five aims at “institutional   capacity building and project management” Water   rights allocation sub-system; by carrying out training, workshops Water   rights reallocation/transfer sub-system, and domestic and international study and tours; procurement of office equipment; Water   rights supervision and management implementation of measures under the new sub-system. water rights administration system; and providing technical assistance and support for overall project management. Box 1: The Eight Special Study Activities of Component 1 1. Measurement and monitoring of ET within Turpan 5. Quota control by WUAs Prefecture by means of remote-sensing 6. Support for WUA ET management 2. Development of a knowledge management (KM) 7. Design of ET based water rights administration system system for water resources planning and management in Turpan Prefecture 3. Conversion of water consumption targets into water 8. Studies of compensation mechanisms for those withdrawal targets linked with conjunctive use of returning farmland for water surface water and groundwater 4. Supplementary development plan for water saving in irrigated agriculture 1 Clearly, attempting to make a significant change to the system of water rights as an integral part of this project is difficult. However, this approach must be attempted because the existing water management supported by the traditional water withdrawal permit system in Turpan Prefecture has resulted in serious overdraft of groundwater and degradation to the ecosystem. For example, many trees and grass areas have died, rivers and lakes have dried up and many green lands have become deserts. Although the proposed approach may not be ideal, it is the best achievable within the political and social context of China and Xinjiang’s Turpan Prefecture to maintain the special balances that are needed. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 5 Chapter I - Introduction 15. Figure 1 illustrates the “roadmap” to the It will provide water administration and design, integration, and pilot implementation of management rules and establish the institutional this WRAS. Essentially, the WRAS will provide foundation for the achievement of real water rules for the project and its other seven activities. saving in Turpan Prefecture. Figure 1: Roadmap to WRAS Design and Framework Figure 2: “Roadmap” to WRAS Design and Framework 16. The interdependent relationship between beyond the five-year life of the project. The this study and the other seven studies makes approach of applying consumptive use or ET this project feasible and functional.1 Figure 2 for irrigated agriculture and inseparably linking illustrates the links and exchanges of the eight the rights, interests and responsibilities of water activities. This study on the ET-based WRAS will withdrawers and water users under the water be completed at the initial stages of the project, withdrawal permit system is relatively new in whereas the other seven activities will continue China. Therefore, assessments of pilot activities throughout the life of the project. Activity 2 on as well as project performance are critical to the Knowledge Management System (KMS) refine the approach where necessary, expand will include the MIS, MES and findings of all the approach to other areas in Xinjiang as well project activities, including these special studies. as other provinces, and to make changes in The fundamental purpose of setting up this legislation which mandate that this approach be KMS is to ensure ownership and sustainability applied where appropriate. of the project objectives, activities and outputs 1 The primary focus of this study is on water rights administration applying the ET-based approach. Some of the other studies will focus on adjustments in the farmers’ agricultural and marketing systems —for example Study No. 4. 6 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 3 Chapter I - Introduction Figure 2: Relationship of This Study Activity (No. 7) to Other Seven Study Activities 　 　 Rules Rules 　 　 Activity Activity11Main Mainoutputs: outputs: 　 　　 　 Data Data Providing ProvidingRemote RemoteSensing forET Sensingfor ETData Data 　 　 　　 　 　 Activity3 Activity 3 Waterwithdrawal Water withdrawalobjectives calculated objectives 　　 　 　 basedon calculatedbased targetET ontarget ET 　 　　 　 　 　　 Main 　 Main 　　 　 　 Outputs: Outputs: 　　　 　 IrrigationET Irrigation ETQuota Quota 　 Rules Rules 　　 　 　 　 　 　 　　 　 　 Data Water Water IrrigationArea Irrigation Areacontrol control Data Rights objectives 　 　 Rights Activity4 Activity 4 objectives 　 　 Allocation 　 　 Allocation Sub-system Sub-system Croppingpattern Cropping Main Main 　　 　 　 pattern optimization optimizationresults 　 Activity 7 　　 results 　 Activity 7 Outputs: Outputs: Planfor Plan forclosing closing Main output: Main output: downwells down wells 　　 　 　 ET-based ET-based Water Water Rights Rights Administration Activity Determine croppingpattern Determinecropping pattern Administration System System 　 Activity55 Adjustment& Adjustment &irrigation irrigation For For Main Main plansat plans WUAlevel atWUA level 　 　 　 Turpan Turpan Prefecture Prefecture Outputs: Outputs: Comparison Comparison Water Water 　 Rights Rights 　 　 Framework ETmanagement ET management 　 　 　 　 　 Supervision Framework & 　　 atWUA at WUAlevel level Rules and Rules and institutional institutional Supervision & 　 　　 Sub-system Sub-system Design System System 　 Design 　 　　 ET managementfor ETmanagement for Data Data 　　　 Activity6 Activity 6 agriculturalwater agricultural waterusers users 　 　 　 Main Main 　　 　 　 Installationof Installation measurement ofwater waterwithdrawal measurementdevices withdrawal devices Outputs: Outputs: atWUA at WUAlevel level 　 　　 　 Water Rights Rules Rules Reallocation Activity Activity88Main MainOutputs: Outputs: and Transfer 　 Mechanism 　 　 Mechanismsetsetup upbyby the 　 　　 　 government to the government to provide provide Sub-system compensation for compensation farmland return for farmland return or or retired retired for for Compensation model Compensation 　 　 the thewater waterin thepublic inthe public interest interest 　 　 　 　 　　 　 Main outputs 2 Main Knowledge Management System outputs:: Knowledge Activity Activity2 　　　 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 7 Chapter I - Introduction 17. Support of the other activities is and periodic direct data gathering, including indispensable to this study. The first activity aggregation of data from the key monitoring provides ET data monitored by remote-sensing; indicators (KMIs) of the project. This is the the second establishes the KM system, which primary responsibility of the project M&E System provides long-term data support for water (MES), which is linked to the computerized consumption analysis and ET management and project monitoring information system control and also provides a platform for the (MIS)2. KPIs and KMIs will require an array of management of water rights, water charges, wells supporting indicators (SPIs) in order to measure and WUAs; the third calculates water withdrawal project progress. targets based on ET targets and supplies irrigation quotas; the fourth provides irrigation area control 19. It is expected that results from this project targets, cropping pattern optimization options will be as follows: the construction of the three and a plan for closing down wells; the fifth works reservoirs will reduce the risk of flooding and out cropping pattern adjustment and irrigation related economic losses, a more reliable water plans and ET management at the WUA level; the supply will be ensured, agricultural production sixth deals with ET management of agricultural per unit water consumption will be increased water users and water withdrawal measurement through improved irrigation efficiency and water device installation at the WUA level; and the productivity, groundwater overexploitation will eighth provides the compensation mechanism be halted, the ecosystem of the Karez cultural to be established by the government for social heritage will be preserved, and economic growth equitability for retiring farmland from irrigated will be empowered within a more eco-friendly agriculture to release water allocations for environment. cancellation or transfer. 20. It is also anticipated that the project will 18. Crucial to this WRAS study are the six result in considerable economic and social key performance indicators (KPIs) for project benefits to Turpan given the local governments outcomes, which are listed in box 2. 1 These would strongly support the necessary legal and KPIs are determined from constant monitoring institutional needs. Box 2: Project Objectives and Key Performance Indicators 1. Increase the number of people protected from domestic use; flooding; 5. Improve water productivity in irrigated agriculture by 2. Reduce economic losses from flooding; measuring ET in the project areas; and 3. Cut down groundwater overdraft in the irrigated areas 6. Raise farmers’ yields and incomes in the irrigated areas of the project and in the basin; of the project. 4. Increase water supply capacity for industrial and 1 KPI number 5 examines the outcome of the ET based WRAS to determine if ET (or CU) of water has been increased or reduced. If the indicator shows that the ET (or CU) has increased in a field even though the farmer has reduced the amount of water made available, perhaps through advanced technologies like drip or sprinkler irrigation, the farmer would be requested to take even less water based on ET requirements. 2 The MIS for the project has been developed to track expenditures and project achievements consistent with the project requirements set out in its PAD. The baseline data for the MIS will require knowledge and data of the Turpan conditions at the time of project start- up. The MIS will terminate when the project is completed, but some of the indicators (KPIs and KMIs) may be transferred to the MES. 8 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter II - Water Resources Situation in Turpan Prefecture Chapter II - Water Resources Situation in Turpan Prefecture 2.1 Turpan Water Resources Development, Utilization and Management 2.1.1 Sources of Water Resources 21. In considering the total water resources of Turpan Prefecture1, it is important to note that Turpan lies in a basin surrounded by high mountains. Lake Aiding, 154 meters below sea level and dry most of the year, is in the middle of this basin2. Due to the unique topography of the area, the mild and moist air currents from the west and the north are blocked by massive mountains in the northwest before they reach the basin. Consequently, only very little mild and moist air currents are brought into the mountainous areas in the northwestern part of the basin by the high altitude zonal circulation to produce precipitation. As a result, the water resources for Turpan are mainly formed in the upper and middle parts of the Tianshan mountain passes above the timberline from which flow seasonal rivers in the spring and early summer. There is very little precipitation in the plains below the mountain passes, which means there is almost no recharge to the surface water and groundwater systems of the basin, and this constitutes an area of water loss through evaporation. The total amount of water resources in Turpan Prefecture consists of surface water and natural recharge to the groundwater. 1 The following summarized discussion on water resources was extracted from the “11th Five Year Plan of Water Resources Development of Turpan Prefecture”. 2 This would imply that Lake Aiding and the groundwater of Turpan Prefecture are hydrologically connected, given that the lake is already 150 meters below sea level and the surrounding low-lying lands are used by cities, industries and agriculture. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 9 Chapter II - Water Resources Situation in Turpan Prefecture 22. Turpan Prefecture has nine intra-prefecture County in the western part. There is no inflow rivers—Dahyan River, Tarlang River, Meiyaogou in the eastern area, and there is no outflow River, Heigou River, Qialekan River, Ertanggou of surface water to neighboring prefectures River, Kekeya River, Kanerqi River and or provinces. Thus, surface water resources Kerjiangou River. These all rise in the northern generated in the basin, plus inflows, equal the mountainous areas of Tianshan Mountain. In total river runoff of 903.048 million m3/ year for addition, there are five inter-prefecture rivers Turpan Prefecture. Currently the 14 perennial that begin outside the Prefecture and flow into rivers with runoff water available provide a total it—Baiyang River, Alagou Ravine, Yurgou quantity of 865.18 million m3/ year, constituting Ravine Wusitong Ravine and Zulumutu Ravine. approximately 95.8 percent of the total runoff In total, 14 rivers and ravines provide surface within the basin. runoff water source for the Prefecture. In the mountainous area, annual precipitation ranges 25. Lake Aiding is the only lake in the from 100 to 500 mm in the hinterland reaching prefecture. It is a saltwater lake covering 124 800 or 900 mm in the highest parts. At the km2 below sea-level located in the southeastern mountain peaks, permanent snow cover or part of the basin. The lake is primarily supplied glaciers serve as natural reservoirs with rich by groundwater, with very little surface water water flows. In summer, precipitation contributes coming from the Baiyang River, the Alagou 50 – 80 percent of the annual runoff. During this Ravine, the Meiyaogou Ravine or other surface time the combination of rainfall plus melting water systems. snow can cause floods. 26. Typical of closed inland arid basins, Turpan 23. Given the river distribution of the basin, Basin has a relatively independent groundwater the amount of water resources in the two river system. Water flows from all directions to the basins of Tuokexun County, five river basins of lowest point of Lake Aiding. According to the Turpan City, and three river basins of Shanshan “Intermediate Report on Studies of Sustainable County can only be calculated according to the Groundwater Utilization in Turpan Basin water locally generated in the respective areas. Xinjiang” financed by JBIC, the mean annual In general, the water resources generated within recharge to groundwater resources in the oases Turpan Basin are very unevenly distributed. of Turpan Prefecture is 661 million m3. The seven river basins of Turpan and Shanshan produce 455.07 million m 3 /year of water 27. A total surface water resource in Turpan including the runoff areas and the surface water Prefecture is estimated at 956.6 million m3. With areas in the plains. This accounts for 92 percent very uneven geographical distribution of river of the total runoff of 493.668 million m 3/ year runoff in Turpan Prefecture, water availability in Turpan Prefecture, and as a result these decreases gradually from the west to the east and seven river basins of Turpan City and Shanshan from the north to the south. In terms of temporal County produce most of the surface water in distribution, it varies considerably from season Turpan Prefecture. to season but with little changes between years, with maximum annual runoff being 2.5 to 3.5 24. The inflows of Baiyang River and Alagou times more than minimum annual runoff. Thus, River, of all the inter-prefecture rivers, make up the total water resources available in Turpan 63 percent of the total foreign or inflow surface amount to 865.18 million m3/ year. This comes water of 407.92 million m 3/ year for Turpan from the runoff of its 14 rivers, plus 661 million Prefecture. The surface water inflows are basically m3 of groundwater recharge. limited to these two river basins of Tuokexun 10 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter II - Water Resources Situation in Turpan Prefecture 2.1.2 Supply of Water Resources in groundwater overdraft and a constantly declining water table. This situation is a serious 28. The 17 reservoirs in Turpan Prefecture threat to the health and productivity of the have a total designed storage capacity of 103.69 local people and to the environment and has million m 3. These include four medium-scale become the main constraint on the sustainable reservoirs with a total storage capacity of 86.82 development of Turpan. million m3 (designed storage capacity of Putao Reservoir is 11 million m 3, Kekeya Reservoir 2.1.3 Water Use in Turpan is 10.52 million m 3, Kan’erqi Reservoir is 11.8 million m 3 and Hongshan Reservoir is 53.5 29. Turpan Prefecture has one county-level million m3) and 13 small-scale reservoirs which city (Turpan City) and two counties (Shanshan have a total storage capacity of 16.87 million m3. County and Tuokexun County). In 2008, the total There are 6,334 constructed pump wells plus water use of the prefecture was 1.377 billion m3. 5,841 supplementary pump wells. Total water Agricultural water use was 1.323 billion m3 (96.06 withdrawal in the Prefecture is 1.558 billion m3, percent of the total), industrial use was 30.84 consisting of 550 million m 3 of surface water million m3 (2.24 percent), and domestic use was and 1.03 billion m3 of groundwater. The latter 23.42 million m 3 (about 1.7 percent). Figure 3 includes 145 million m3 of water from springs, illustrates the major water sector uses for the city 645 million m3 by pump wells and 240 million and counties, and Figure 4 shows the percentages m3 from Karezes. These diversions have resulted of water use for those sectors. Figure 3: Volume of Water Use of the Turpan Prefecture in 2008 Turpan Shanshan Tuokxun Prefecture Total 140000 120000 100000 80000 60000 40000 20000 0 Use for coal industrial use Domestic use Agro-use (Year 2008) Total use Overdraft Turpan 803 1383 44528 0 46714 2153 Shanshan 1700 742 52587 0 55029 22720 Tuoxun 581 217 35186 0 35984 0 Total 3084 2342 132301 0 137727 24874 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 11 Chapter II - Water Resources Situation in Turpan Prefecture 30. As is typical in arid oases, agricultural 2.1.4 Current verses 1980s Water Resources production in Turpan Prefecture relies entirely Development and Utilization on irrigation. With advances in irrigation technology and implementation of government 31. The present total amount of water resources policy on land reclamation for agricultural in Turpan Prefecture is approximately equal to development, agriculture has developed rapidly the amount in the 1980s. Over the past 30 years, while industry has developed more slowly. As a industrial and domestic water use has slightly result, increased water use for irrigation leaves increased but has always been a very small little water available for the industrial sector, percentage of total water use. However, in contrast, thus restricting the sustainable economic and the irrigated area in Turpan has dramatically social development of the prefecture. In 2008, expanded from 60,000 ha in 1970 to 113,000 ha in the GDP of the prefecture’s primary industries 2008, as shown by remote-sensing information, was approximately RMB 1.83 billion, about 9 although statistics indicate around 87,000 ha of percent of GDP total, but irrigated agricultural irrigated farmland in 2008. This represents a two- water use accounted for more than 96 percent, fold increase in the irrigated area. This is primarily with an average output value of 1.38 RMB/ due to construction of reservoirs, canals and m 3 . The GDP of the prefecture’s secondary improvement in irrigation technology, especially and tertiary industries reached RMB 14.34 in well drilling for groundwater abstractions. Most billion and RMB 4.5 billion respectively, which of the expanded areas are reclaimed wasteland, constituted 91 percent of the total, but their which have resulted from implementation of water use was less than 4 percent of the total, the 1995 government policy on land reclamation with the per cubic meter water output value for agricultural development. These lands do being significantly higher than that of the not belong to the 30-year land tenure under the primary industry. household contract responsibility system and are mainly used for growing cash crops. Figure 4: Percentage of Water Use of Turpan Prefecture in 2008 Local industrial use Domestic use Agricultural use Agricultural use 96.06% Domestic use 1.70% Local industrial use 2.24% 12 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter II - Water Resources Situation in Turpan Prefecture 32. Although total water withdrawal in Turpan construction, land and resource administration, Prefecture has not increased, the irrigated area civil affairs and other bureaus. The water bureau has nearly doubled through improved irrigation is the main water manager and the other bureaus efficienc y. Th is has substa nt ially boosted collaborate. The water administration department agricultural production. During this period, of Turpan is in the prefecture water bureau and however, the water table has declined by an average there are also county water bureaus. Additionally, of 1.5 to 2 meters a year. In some regions, it has the Cent ral Gover n ment’s Product ion and dropped by 180 meters. Most of the Karez systems Construction Group No. 221 has its own water have dried up—the number of the systems with management agency. The primary duties and running water has decreased from 1,237 in 1957 to responsibilities of the prefecture bureaus for less than 300 currently. A serious consequence is water, construction, environmental protection, that Lake Aiding is dry in most years. and land and resources administration are set out in boxes 3,4,5 and 6. Water bureaus authority and 2.1.5 Water Resources Management in Turpan the responsibilities for water administration are Prefecture specified in both Xinjiang and Turpan legislation. The civil affairs bureau is primarily concerned with 33. At present, the agencies concerned with water expedited registration and institutional operations resources management in Turpan Prefecture are of WUAs, as well as ensuring compliance with the the bureaus of water, environmental protection, licensing laws of China. Box 3: Main Responsibilities of Turpan Water Bureau 1. Organize the formulation of the prefecture’s strategic water prefecture’s water works construction, be responsible for plans, medium and long term plans and annual plans for water, organizing the construction and management of important hydropower and water industrial development and plans for water works primarily financed by the state, and carry out river and lake basins, and supervise their implementation administration and management of water conservancy, upon their approval; hydropower, aquiculture and water economy; be responsible 2. Manage the prefecture’s water resources in a unified manner, for the prefecture’s municipal water works such as surface organize water resources surveys, evaluation and supervision water and groundwater resources development, water jointly with relevant departments, formulate the prefecture’s environment protection and so on, manage the prefecture’s medium and long-term water demand and supply plans, rural water works, township water supply and drinking sector quotas, water allocation plans and allotments; water supplies, and be in charge of the prefecture’s capital implementation of water withdrawal permit system and construction of on-farm water works; justification reports and the collection and management 5. Organize the construction and management of small of water resources fee and water resources compensation hydropower works; fee, establish the functions zones in cooperation with other 6. Formulate price, taxation, credit and other economic regulation bureaus, manage the prefecture’s water saving society work measures concerning water conservancy, hydropower, water through the relevant section, and implement the supervision industry and water economy through cooperation with other and management of water resources conservation; coordinate relevant departments and organize their implementation; the resolution of water disputes between departments administer and supervise the value preservation and and water users, between administrative regions and the appreciation of state-owned assets under the water production and construction group, the railway system and department and supervise and audit use of earmarked water the petroleum corporation; and implement the supervision funds; and enforcement of the water laws and regulations; 7. In charge of the prefecture’s flood control and drought mitigation 3. In charge of production safety and flood control facilities in work and the prefecture’s water conservation work and river courses, the lake, reservoirs, man-made waterways and responsible for the routine work of the office of the prefecture other water bodies in the prefecture and be responsible for flood control and drought mitigation headquarters; and, comprehensive improvement, development and utilization of 8. Responsible for the administration and management of education the main rivers and reservoirs within the prefecture; and foreign cooperation and exchange concerning water 4. Carry out sector administration and management of the resources, hydropower and water industry. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 13 Chapter II - Water Resources Situation in Turpan Prefecture Box 4: Main Responsibilities of the Construction Bureau Guide and administer the prefecture’s urban and other sector administration work; be responsible for township and village construction, and be responsible supervising the protection of the famous scenic sites for urban water supply and drainage, water saving, fuel within the prefecture; provide guidance on townscape gas and heat supply, municipal utilities, in-city public and environmental improvement and urban construction transport, landscaping, townscape, city sanitation, and supervision. Box 5: Main Responsibilities of the Environmental Protection Bureau 1. Responsible for environmental protection of the simultaneous” and other environmental management atmosphere, water body, soil and so on within rules and regulations; review and approve the the prefecture; responsible for supervising and environmental impact assessment reports of all administering prevention and control of waste gas construction projects, technical transformation and water and other pollution within the prefecture; projects, and regional development and construction supervise and administer the construction of heavy projects within the quota limits of the prefecture; pollution projects that are prohibited (or strictly provide guidance on the comprehensive urban restricted) by the state on the catalogue; responsible environmental improvement and responsible for for coordinating resolution of pollution disputes quantified examination of the comprehensive and for investigating and handling environmental urban environmental improvement; responsible for pollution accidents, ecological damage events, and so organization and coordination of the prefecture’s on within the prefecture; environmental targets responsibility system; 2. Supervise resources development activities that affect designate MEP function zones; and, eco-environment within the prefecture; 4. A d m i n i s t e r t h e p r e f e c t u r e’s e n v i r o n m e n t a l 3. Organize the registration of pollutant discharge monitoring work, supervise the implementation of applications, the implementation of pollutant the environmental monitoring system, and provide discharge permit system, pollutant discharge fee guidance on measurement certification and quality collection, environmental impact assessment, “three assurance of the environmental monitoring stations. Box 6: Main Responsibilities of the Land and Resources Administration Bureau Responsible for protection and administration of the the prefecture’s geo-environment monitoring stations geo-environment and geological relics, organize the and network, monitor, supervise, prevent and control monitoring of geo-environment and geologic hazards, groundwater overexploitation and pollution; protect and prevent and control geologic hazards; administer the the paleontological fossils of scientific research and surveys and assessments of hydrogeology, engineering ornamental value, their origins and their geologic profile geology and environmental geology in accordance and other geologic relics. with the law; responsible for unified administration of 14 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter II - Water Resources Situation in Turpan Prefecture 34. The existing water allocation, water policies, laws and regulations relevant for withdrawal permit system and water pricing Turpan Prefecture are set out in box 7. Box 7: National, Regional and Turpan Water Policies, Laws and Regulations National level: Turpan Prefecture: 1. Water Law of the People’s Republic of China (2002) 1. R e c o m m e n d a t i o n s f o r Fu r t h e r I n t e n s i f y i n g 2. Regulations for Administration of Water Withdrawal Administration of Soil and Water Development and Permission and Water Resources Fee Collection, State Well Construction in Turpan Prefecture, (2005) Council Decree 460 (2006) 2. Provisions of Turpan Prefecture for Well Construction 3. R e c o m m e n d a t i o n s o n S t r e n g t h e n i n g t h e Administration, (2005) Development of Farmer Water User Associations, 3. Recommendations of Prefecture Water Bureau for issued jointly by MWR, NDRC and MCA , Document Closing Down Self-Provided Wells in Planned Urban 502 (2005). Areas of Turpan Prefecture, (2005) Regional level: 4. Circular of Turpan Prefecture On Price Adjustment of 1. XUAR Measures for Implementation of Water Law of Water Supplied Through Water Works on the Major the People’s Republic of China (2003) Rivers, (2005) 2. XUAR Detailed Rules for Implementation of Water 5. Circular of Turpan Prefectural Administrative Office Withdrawal Permit System (1994) Concerning Issuance of Measures of Turpan Prefecture 3. X UA R G r o u n d w a t e r R e s o u r c e s M a n a g e m e n t for Collection and Administration of Groundwater Regulations (2002) Resources Fee, (2007) 4. XUAR Measures for Well Construction Administration 6. Circular Concerning Issuance of Implementation (2002) Measures of Turpan Prefecture for Groundwater 5. XUAR Measures for Water Resources Fee Collection Resources Management, (2009) and Administration (2004) 35. Merely listing various water policies, laws 36. In 2002, the National People’s Congress of and regulations that are relevant to Turpan the PRC adopted a new water law to revise and Prefecture is not sufficient to understand the replace the 1988 Water Law (annex 1). Important breadth and scope of existing water and related mandates in the new law established the systems legislation applicable throughout the central and for water withdrawal permits to allocate water provincial (autonomous region) governments.1 and the water resources fee collection under the However, important provisions in five of these user-pays principle with progressively higher laws and regulations relate directly to the design rates for withdrawal and use beyond prescribed and implementation of this ET-based water limits. It also mandated total amount control, rights administration system. These require brief comprehensive and special basin plans, water explanation and are attached as annexes to this allocation and allotment plans, water quotas, report. functional zones, groundwater protection 1 There are numerous reports by MWR (mostly in Chinese) and by World Bank and DFID funded consultants (mostly in English) that set out the details and analysis of the central laws and regulations. China has a wealth of legislation, but implementation varies widely throughout the country. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 15 Chapter II - Water Resources Situation in Turpan Prefecture measures to prevent overdrafts and inspection plans according to adopted quotas in order to and supervision measures to ensure proper implement and administer the water withdrawal implementation of the water law. MWR was permit system (Annex 4). Additional Xinjiang designated to oversee implementation of the legislation pertains to implementation of the water law at all levels of government throughout WWPS and groundwater management. China. 40. Among the many important water measures 37. The State Council issued SC Decree 460 adopted by Turpan Prefecture was the 2009 in 2006 providing substantial measures and “Implementation Measures of Turpan Prefecture guidance for provinces to counties on the water for Groundwater Resources Management” withdrawal permit system and water resources (Annex 5). It is vitally important to this project. fee collection and use (annex 2). MWR quickly Even though it does not specifically refer to the issued revised water permits and certificate ET or consumptive use approach to be applied for forms that were to be adjusted at provincial and allocation, diversion and use of water for irrigated local levels according to their local conditions.1 agriculture, these measures mandate accelerated extension of water-saving techniques like the 38. I n 2 0 0 5, M W R , MC A a n d N DRC ET approach of the project, and optimize water joi nt ly issued Docu ment No. 502 ent it led allocation among various sectors. In addition, it Recommendations on Strengthening Farmer mandates reduction of agricultural water use by Water Users Associations (annex 3) promoting 20 percent, reduction of groundwater exploitation WUA establishment and registration as legal by 260 million m3, and limits the agricultural area entities, requiring water supply and fee payment to one million mu (about 66,700 hectares). Four contracts between water suppliers and water principles are to be followed: users (WUAs), and encouraging adoption of water savings measures 2. Document 502 pertains  Strengthen unified management of surface to this project’s existing WUAs and those to be water and groundwater; established under it.  Intensify adjustments to cropping patterns;  Intensify adjustment of water use structures 39. Each province and autonomous region in all sectors to achieve water savings; and has adopted legislation and regulations within  Reduce the number of pump wells to reduce their jurisdiction to implement the central groundwater over exploitation. law and regulations taking into account local conditions. Xinjiang was one of the first to 41. As illustrated in figure 2, the provisions adopt measures to implement the 2002 water in these key laws and regulations (box 7) are law and regulations to ensure compliance and the main tools of the roadmap for the design of to prepare comprehensive basin master and the ET-based water rights management system special plans and water allocation and allotment proposed in chapter 4. 1 Xinjiang and Turpan are currently using adjusted forms. Turpan Prefecture’s will have to be further refined to successfully implement the new WRAS under the project, for example, to add ET targets. 2 MCA had already issued Circular 148 in late 2003 that acknowledged the importance of Rural Specialized Economic Associations (WUAs) for farmers and expedited their registration at a minimal charge as legal entities for non-profit. MCA was convinced that WUAs, owned and operated by farmers, would make a difference in on-farm water use management and the improved livelihood of farmer households. 16 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter II - Water Resources Situation in Turpan Prefecture 2.2 Constraints in Current Water Rights allocation measures. Current plans for river runoff Administration allocation have naturally come into being through history. In the 1950s and 1960s, villages and water 42. The present system of water allocation, users gradually came up with their own water management and administration by using water allocation plans, and these were followed into the withdrawal permits has not succeeded in Turpan. 1980s. However, after the establishment of water This is due to a fundamental flaw in the process management organizations in the government, the of allocating water for diversion and use, and responsibility for water allocation was assumed the inability to make the appropriate permit by the government with a focus on withdrawals, modifications.1 However, in general for China, it leaving the village water managers and water is not a failure of the WRA system under sufficient users only in charge of distributing irrigation water conditions. It is the particular conditions water supply and water charge collection based and problems in Turpan’s closed basin that have on water allocation plans prepared by agency given rise to the constraints and weaknesses. water managers. Further, Turpan Prefecture These already exist in other parts of China or are has not implemented effective groundwater emerging due to natural conditions or demand or allocation and control measures and as a result the water pollution that has increased the “scarcity” groundwater table in the prefecture is continuing of water and hence made “water security” a to drop. This project expects to gradually reverse concern. The new system is necessary because this situation, but it can only be achieved under the water situation with serious groundwater the new ET/CU approach, which will require overdraft cannot be corrected even if the present adjustments to the WRAS as proposed in both the WWPS were fully implemented - it requires project and this report. radical remedial scientific and administrative measures in order to be corrected. It is necessary 44. In accordance with relevant state, XUAR, to adopt the more stringent ET (CU) - based shift and Turpan policies and regulations, the Turpan in the water rights allocation concept, linking Prefecture Water Bureau is responsible for water use to authorized withdrawals. The basic organizing the implementation, supervision framework for the new system exists under the and administration of the water withdrawal current legislation, but will need some updating permit system. Surface water permitting (additions or modifications) to ensure intended has not been a serious problem in irrigation results and sustainability of water management districts—the primary concern is groundwater in Turpan Prefecture. withdrawals. In order to control groundwater overexploitation, Turpan Prefecture regulations 43. For example, article 25 of Xinjiang provide that any unit or individual who intends Uygur Autonomous Region Measures for to develop or utilize groundwater resources Implementation of the Water Law of the People’s must first apply to the local water bureau for Republic of China provides that “regulation a water withdrawal permit. In 2006 Shanshan and storage of runoff shall be in conformity with County and Turpan City were identified as the basin master plan and the middle and long- serious and common groundwater overdraft term water demand and supply master plans. areas, respectively. The outlook on groundwater Water allocation plans shall be formulated with exploitation in Tuokexun County is also serious. basins as the units”. However, to date, Turpan Turpan Prefecture legislation also states that Prefecture has not promulgated adequate water any unit or individual intending to construct 1 Volume 2 of the AAA reports identified five related problems under present water law implementation. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 17 Chapter II - Water Resources Situation in Turpan Prefecture a well for groundwater abstraction within the management only concentrates on water administrative areas of Turpan City and Shanshan withdrawal, then water consumption will not County must file an application with the local be controlled. This means that effective water water bureau and submit it to the prefecture water rights administration cannot be achieved. bureau for approval before the well is constructed  The increase of irrigation efficiency and and water withdrawn. However, to implement expansion of irrigated areas in Turpan these measures requires knowledge of the basin Prefecture have actually increased and local water balance, for which data and evapotranspiration while reducing return information is not currently available. flows and recharge of groundwater resulting in declining groundwater tables. As a matter 45. Turpan Prefecture is attempting to of fact, the larger scale farmer households implement the water withdrawal permit system and commercial agriculture operations required by law by utilizing total amount control have expanded the irrigated areas. 1 These and the quota system to mitigate the problem operations do not normally have the “thirty of groundwater overdraft. However, due to the year contract for responsibility farmland.” problems, constraints and weaknesses that exist These “farming enterprises” use the profits in the water rights administration in Turpan, made from large-scale farming to improve along with lack of personnel capacity, scientific their irrigation efficiency. However, without measuring and control devices, and political paying for use of more water resources they pressure, the prefecture has not been able to meet have expanded irrigated areas to generate the requirements of the water law and achieve higher profits and thus have become a primary sustainable economic and social development. factor in the declining groundwater tables. There are three basic reasons for this situation: Consequently, urban and rural residents, factories, farmers and other water users  Lack of water consumption and return flow have to pay higher costs for withdrawing management has exacerbated the water groundwater from greater depths. This shortage resulting in harm to society and problem adversely affects the environment the interests of other water users. Turpan and interests of the entire society. Prefecture attempted to use the WWPS and  Lack of total amount control prohibits control water resources fee system as instruments of the groundwater overdraft. The Turpan under traditional water rights administration, Prefecture water bureau has not statistically in essence, focusing on water withdrawal assessed the total permitted water withdrawal management and control, but neglecting water for the prefecture. Only in serious situations consumption management and water return of groundwater overexploitation is well flows or recharge. However, under Turpan’s construction strictly controlled and authority conditions, water rights management should to review and approve well construction deal with managing the entire water use resumed by the prefecture water bureau. cycle, e.g., water rights administration However, permits for industrial and domestic should manage water withdrawals, uses, water use can still be obtained if they can consumption, drainage of return flows be justified. This is referred to as “demand- and percolation into the groundwater based supply” under strict control. Under this aquifers, and other relevant factors. If water approach, groundwater overdraft cannot be 1 Although the commercial farm enterprises have been innovative in terms of applying water-savings technologies, they have not actually saved water but are actually consuming more water on expanded reclaimed land to irrigation. As noted, this has been a major factor in causing the groundwater overdraft and degradation of the ecosystems. 18 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter II - Water Resources Situation in Turpan Prefecture completely controlled, even though arbitrary development and utilization of groundwater groundwater exploitation has been curtailed. resources, but permits for river runoff are weak.  Lack of and inaccurate water measurement  Water measurement devices at points of prevents proper diversion and delivery of diversion and delivery are not adequately water and volumetric water charging required established and even installed devices are by the laws and regulations. Although Turpan normally old and seriously damaged and use Prefecture has attempted to implement the outdated technology. At the field level, there water withdrawal permit system, it mainly are many problems with water measurement focuses on the control of groundwater for agricultural water use, especially on the and surface water withdrawal, and water internal distribution to farmer households. measurement to control water withdrawal, is inadequate, especially for irrigation water 47. Turpan Prefecture has attempted to uses. Even if measures for groundwater implement total amount control (TAC) and quota management through implementation of management of water withdrawal according to the water control based on electricity uses are law. The intent is that water consumption is to be carried out, water management will still be monitored and approved by applying advanced difficult because many wells have limited national standards, and water is to be reasonably and non-functioning water measurement allocated by water use quotas and water supply instruments. Water measurements at allotments or rations. The annual water allocation household levels are more difficult because plans and annual water withdrawal plans most farmer households have numerous small are to serve as the basis for control of annual plots of irrigated land scattered throughout total withdrawal. The water bureau is to issue the irrigation system. annual water withdrawal plans to all the water withdrawal units and is to approve their annual 46. Three major deficiencies in implementing water withdrawal sharing arrangements. Water the water law and WWPS have been identified: withdrawers (permit holders) are to strictly follow their approved water withdrawal plans  At present, Turpan Prefecture Water Bureau and each year they are to submit to the relevant is not able to quantify the total amount of water administration department in the first water withdrawn under the WWPS. For month of the year summary reports on their water permits actually issued, there may be no withdrawals and use for the past year and their reliable record of permitted withdrawals annual water use plans for the following year. In and actual withdrawals reported by the addition, Turpan Prefecture provides that water- permit holder.1 Preparation and revision of saving irrigation is to be the responsibility of thirty the Comprehensive Water Resources Master year contract farmland holders. On the large and Plan was started in 2010. Statistical work commercial irrigated lands, water saving irrigation on sector water uses of domestic, industry, is required, and water is not to be withdrawn agriculture (including large households), and and used without water saving practices and the petroleum company of the two counties technologies applied. The constraint or weakness and city has not yet been finished. is the lack of data and information as well as  The review and approval of water withdrawal capacity of the water bureaus to implement these permits in Turpan Prefecture mostly deal with measures. Consequently, it is exceedingly difficult 1 Even if not computerized, copies of permits should be available. Shanshan County has a manual database record of approved permits, but it fails to include the quantity of authorized water withdrawal. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 19 Chapter II - Water Resources Situation in Turpan Prefecture to manage the surface and underground waters, supply pipeline networks are twice the standard and to effectively implement the conjunctive use industrial water resources fees. Established of surface and ground water. factories, enterprises and those with self-provided wells must pay groundwater compensation 48. In Turpan Prefecture, the prefecture fees in addition to the water resources fees. water bureau is responsible for collection and Progressive block tariffs are imposed for both fees administration of the water resources fee and if groundwater withdrawals exceed allocation groundwater overdraft compensation fee. In 2006, plans or quotas. Turpan Prefecture adjusted the price of water supplied through surface water works on the major 51. Turpan Prefecture has adopted specific rivers to basically twice the price set in 1996. In regulations to monitor water use according to groundwater overdraft areas (Shanshan County electricity use in order to ensure compliance with and Turpan City), rates of water resources and the water quota for controlling groundwater groundwater compensation fees have also doubled. exploitation. The water quota is converted into the amount of electricity needed, and therefore 49. In Turpan Prefecture, water use for controlling electricity use limits groundwater agricultural production is charged differently abstractions. All groundwater withdrawers are for the “thirty-year responsibility farmland to install water and electricity measurement contract” land than for other large or commercial devices. Electricity usage is restricted when the farmlands1. For the former, water resources fees water withdrawal quota is reached. Purchase of and groundwater compensation fees are waived electricity for progressive block tariff beyond the if the water withdrawal is below the quota; quota is limited and not more than 50 percent for the latter, both water resources fees and of the original season/annual quota can be groundwater compensation fees are levied, and if purchased. water withdrawals exceed the planned amounts, the system of progressive block tariffs is to be 52. To rectify these problems, constraints imposed on the assessment of both fees. and weaknesses in the current water rights administration and accomplish the effective 50. All industrial groundwater withdrawers implementation of the water withdrawal permit must have their water withdrawal permits system, the WRAS and WWPS needs to be examined annually and apply for water strengthened and refined in accordance with withdrawal plans each year. This submitted data current and modified policies and regulations and information is to be reviewed and analyzed and the project ET or consumptive use approach to determine total amount control and quota to water management. This will allow the management, and ratified by the groundwater determination of the amount of water to be management bureau stations. Water resources allocated for consumptive use within command fees for industrial water diversion are higher than areas of water users and their households, and fees for water diverted for agricultural use. The the aggregate linked to serve as the basis for industrial water resources fees for self-provided withdrawals of surface water and groundwater wells within the coverage of urban water under approved permits.2 1 The 30-year contract lands are cropped by local indigenous farmers whereas the large commercial irrigated lands are generally farmed by non-local people who can afford investments in water savings technology. 2 There are many problems and constraints in managing water in Turpan Prefecture, including various water management plans, adequate measuring devices, and personnel capacity that go beyond the focus of this report on improving the water right administrative system, but which will be addressed by the other special studies or under one of the other project components. To ensure coordination of all project activities, the World Bank will periodically conduct supervision missions and prepare recommendations on how to resolve any issues or problems that are identified. 20 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter III - A Need for Change Chapter III - A Need for Change 3.1 Why an ET-Based Water Rights Administration System for Turpan Prefecture? 53. Strong consideration was given to correcting the problems, constraints, and weaknesses outlined in Section 2.2 to determine if the current WRAS could be applied. However, because the current system has been demonstrated to be inadequate (from the last ten years in Turpan),1 a new and innovative approach was considered, discussed and accepted by the Xinjiang and Turpan governments. There are four primary reasons why it was suggested that Turpan Prefecture adopt an ET-Based WRAS.2 These reasons are set out in box 8. 1 By strictly following the current permit system, the commercial farm enterprises in Turpan did not violate the permit provisions set by the approving water bureau in terms of the amount of water withdrawn (mostly from groundwater). However, their annual consumptive use increased sharply as they used advanced irrigation technologies to increase their efficiency and expand irrigated areas, resulting in a significant groundwater overdraft. Further, in reviewing global experiences, such as Australia’s modernized use of Total Channel Control (TCC) in the Murray-Darling Basin where irrigation efficiency is very high (90%+) it was found there was little difference between withdrawal control and consumptive use control because the system was closely managed in a defined area. This is markedly different from China on matters of governance and the ability of farmers to comply with TCC. Conversely, a more direct and simpler approach of ET measurement and control would address the issues and problems of Turpan Prefecture as illustrated by the outcomes of the Hai Basin project. 2 The primary reason the current permit system in Turpan has failed is because control only of water withdrawal does not control the consumptive use of water. For a fixed allocation of use, a water user with higher irrigation efficiency will consume more of the allocated water that a water user with lower irrigation efficiency. This may not create a problem if the supply of water in the area is sufficient or abundant. However, experiences in China indicate that groundwater can be seriously over-exploited even if the water users strictly follow the current water permit system and withdrawals do not exceed is the amount allowed under the permit. Although applying water savings technologies such as lining canals, using sprinkler or drip irrigation and others may reduce conveyance and application losses, these are not “real” water savings and nor are they reductions of lost water as most of this water returns to surface or ground waters and can be reused again. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 21 Chapter III - A Need for Change Box 8: Reasons for Adoption of an ET-Based Water Rights Administration System 1. Effective solution to over use water resources arising 3. Instrumental in achieving real water saving and under traditional water rights administration; sustainable water resources development and 2. Instrumental to restructuring and optimized allocation utilization; and, of water resources based on consumptive use; 4. Instrumental to establish and safeguard the legitimate rights and interests of all water users. 54. This system of water rights administration water rights system in China (see box 9). has six advantages compared with the existing Box 9: Advantages of an ET-Based Water Rights Administration System 1. Defines the rights and obligations of water users in water resources saving while addressing unfairness in a more comprehensive manner in terms of water water resources allocation; withdrawal, use and consumption, and return 4. Includes water return flows in the water rights system flows, and controls and restrains to some extent the to better standardize and control water drainage behavior of the government and water users/water behavior and control the quantity and quality of use organizations while protecting the future interests returned water to rivers and aquifers, which in theory and sustainability of water resources; should help to promote the linkage and integration of 2. Specifies the structure of property right in water the water withdrawal permit system and the pollutant resources through provisions for water withdrawal, discharge permit system; use and return flows, which links the rights and 5. Regulates the impacts of land use changes on the obligations of water withdrawers (suppliers) and users water cycle through regional ET monitoring and by requiring water withdrawals to approved water management to ensure sustainable water utilization; uses under that permit and from that withdrawal and, structure, and facilitates the establishment of the 6. Utilizes target ET allocation with actual ET in standards; determining the basin water balance to achieve the 3. Focuses on consumption of water quantities in infusion of “top-down” allocation and management the water rights system that ensures sustainable measures with “bottom-up” conditions and needs. utilization of water resources and achievement of 3.2 Feasibility of Implementing the rights administration in China is largely based on Proposed New System withdrawals under the water withdrawal permit system (WWPS). Although water allocation plans 55. A “water rights system” is essential for specify the quota and rationing of consumable modern water resources management and water, the consumptive use of water is still not requires proper administration to be effective. effectively controlled when the relationship Water rights administration involves all aspects between the water withdrawal, consumption and of water withdrawal, use, consumption, return return flow changes because the water withdrawal flow control and drainage. Currently, water permit only specifies the quantity of water 22 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter III - A Need for Change withdrawal.1 This causes significant problems GIS technologies, the development of various for water resources management. For example, hydrological models, constant improvement in the Hai River Basin the water withdrawal in various water use monitoring systems, and permit system has been strictly complied with diligent water administration and management, for water management since the year 2000. implementation of ET-based water rights Irrigated agricultural water savings appear to have administration in Turpan Prefecture is technically progressed well, with decreases in canal losses and achievable. During the implementation of the increases in water resources reuses. Nonetheless, “GEF Hai Basin Project”, considerable progress groundwater tables have been declining and was made in the practical aspects of an ET-based runoff to rivers have also been reduced. WRAS. Guantao County and Cheng’an County in Hebei Province have implemented ET-based 56. Under the GEF-financed Hai Basin water rights allocations and developed a reasonably Integrated Water and Environment Management successful water rights administration system. They Project (hereafter referred to as the “GEF Hai have explored and piloted ET management and Basin Project”), the World Bank developed the established a series of ET management methods concept of “water resources savings” based and rules with notable achievements in ET target on the principle of a water balance to address determination, ET allocations, and ET monitoring. the problems in the Hai River Basin. The WB concluded that only when evapotranspiration (ET) 58. ET management is a relatively new concept is reduced through adoption of various measures of water management in China and there are can water resources be actually saved.2 In the Hai limited experiences and case studies to draw River Basin and other water scarce regions, control upon. Many technical and managerial problems and reduction of non-beneficial ET is the key need to be addressed and resolved. How to solution to sustainable water resources utilization. establish and refine the ET-based WRAS at basin, In order to achieve ET management and control, province, municipality, and water users levels the GEF Hai Basin Project has combined the to achieve sustainable ET-based water rights concept of “water resources savings” with the management will require close monitoring and water rights (water withdrawal permit) system, evaluation and in-depth analyses during pilot resulting in the concept of a consumptive use or implementation. The ET-based water rights ET-based system of water rights. 3 administration is an effective solution to water resources management problems arising from 57. Under this model, water rights administration traditional water rights administration, especially may become more complicated. But with the in areas of water scarcity like Turpan Prefecture.4 continued advancement of remote-sensing and 1 Although the permit states the maximum amount of water authorized to be withdrawn, the water law requires that the use be beneficial and any changes occurring in a year should be included in the annual use report. 2 ET-based water rights administration is a combined concept of “real water savings” with the development of water rights system which applies ET as the basis for water rights allocation and management. Thus, there should be three indicators (three elements of water right) that stand for a water right: 1) amount of withdrawal water, 2) amount of consumable water (ET) and 3) amount of return water of certain required quality. 3 Some useful practices show that using water savings technologies and policies aimed at reducing water conveyance and application losses can actually increase groundwater depletion. The attractiveness of water demand management in China was increased leading to the promotion of water conservation focused on reducing consumptive use or ET in irrigated agriculture by the farmers through their WUAs while increasing their incomes in the World Bank’s financed and MWR implemented WCP in the Hai Basin. The project’s monitoring data at the end of the WCP in 2006 indicate that farmer’s annual per capita income increased by 193 percent and water productivity increased by 82 percent, while consumptive use or ET decreased by 27 percent. 4 Even though Turpan has not successfully or completely implemented the current permit system, this new ET approach is intended to hasten water savings to address the severe problems of water scarcity and receding groundwater tables by modifying, adding to, and hopefully simplifying the existing process in a doable manner. However, the universal rule for successful water management still applies— you must measure it to manage it. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 23 Chapter III - A Need for Change 59. Evapotranspiration or consumptive water by large farming operations that have expanded use must be controlled within the closed basin irrigated areas through improved technologies of Turpan to limit groundwater overdraft and with increased water use efficiencies. Technically gradually recover groundwater tables. This requires this is an expected development—more land under a change in the traditional water rights system cultivation with the same amount of water diverted. which currently focuses on the management of However, the reduction of return flows from more water withdrawal, resulting in smaller diversions efficient irrigation makes groundwater recharge and less use of water. Implementation of an ET- impossible. In addition, the declining groundwater based water rights administration system requires tables have also caused a series of environmental management of water withdrawal, consumption problems, such as degradation of ecological oases, and return flows. The results are real water saving and the reduction of Karez systems. This has through water consumption control. resulted in adverse social effects for public and at the same time increased water costs for other users, 60. As shown in Section 2.1.3, the current thus harming their legitimate rights and interests. allocation of water resources in Turpan Prefecture Therefore, it is necessary to fully implement an ET- shows that agriculture uses more than 96 percent based water rights administration to clearly specify of the total water resources, with a contribution the quantities of consumable water and safeguard to GDP of less than four percent. Economic the legitimate rights and interests of other water and social development demands industrial users by water consumption control. 1 expansion, which in water scarce Turpan must be based on optimized water resources allocation 62. The recent study report on implementation of and use. If the current pattern of water utilization an ET-based WRAS notes that “Of course, it is true is not changed to reduce consumption of available that technical feasibility does not mean practical water resources and allow water resources to flow possibility. ET-based water rights management from a high consumption-low economic value can be put into real implementation only when it sector to low consumption-high economic value is integrated into the current water administration sectors, no other sources of water will be available system, when the functions and responsibilities to support the economic and social development. of governments at different levels, relevant Optimizing water resources allocations requires departments and basin agencies are clearly defined, control of water withdrawals, consumptions and when water rights are scientifically allocated and return flows. Optimized water use consumption effectively supervised and rational water rights in irrigated agriculture requires implementation flow is enhanced.”2 Thus, despite (and in some of an ET-based WRAS to complement the more cases because of) the problems, constraints and technical and realistic integrated water resources weaknesses that currently exist in the Turpan management efforts. It is not possible to achieve Prefecture water management and administration real optimization of water resources by allocating (as set out in section 2.2), preliminary findings water use based on withdrawal alone. indicate there are at least four sound reasons that the new ET approach is feasible and doable in and 61. Constantly declining groundwater tables in by the prefecture.3 These reasons are listed in Box Turpan have resulted partly from land reclamation 10 and described in the text that follows. 1 Control over consumptive water use under the new system will also apply to other types of water uses, such as municipal and industrial uses. 2 Study on Water Rights Administration System, AAA / World Bank [2010]. 3 It was anticipated Turpan Prefecture would have insufficient technical capacity to implement this major paradigm shift in water management and accordingly efforts will be made to strengthen capacity through extensive training programs and workshops. Already, the prefecture water bureau has mobilized its staff to carry out field surveys and use GPS computer programs to obtain and analyze the necessary data and information for the integrated river basin management of all waters in Turpan Prefecture. 24 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter III - A Need for Change Box 10: Reasons Why the ET Approach Is Feasible and Practical in Turpan Prefecture 1. Natural conditions of water resources available, i.e., 3. Potential for real water saving, i.e., low water delivery arid area with demand exceeding supply and irrigation efficiencies 2. Foundations for administration, i.e., existing structure 4. Technical conditions, i.e., competent remote sensing and operations of water bureaus and ET measurement capabilities 63. In 2008, per capita water sharing in Turpan foundation for implementation of an ET-based Prefecture was 2,200 m3, slightly higher than the WRAS. Further, prefecture leaders pay close national average of 2,071 m3. This is despite very attention to the severe water shortage, and this low precipitation, very high evaporation, and has created a sound political and administrative a small population. Therefore, in general, the environment in which to establish an ET-based water resources available in Turpan are sufficient WRAS. to support sustainable economic and social development when compared to the national 65. The total effective irrigation area in Turpan average. Prefecture is 113,000 ha. The annual water withdrawal and use is approximately 1.3 billion 64. Turpan Prefecture has established a m3 and the annual groundwater overdraft is 250 traditional water rights administration system million m3. If the government policy of retiring under which the prefecture water bureau farmland from irrigation to release allocations exercises unified administration of water of water is achieved, nearly 40 percent of water resources through the county water bureaus. withdrawal, i.e. about 500 million m3 of water The prefecture water bureau adopts relevant will be reduced each year1 . Even without the policies and regulations; attempts to implement benefit of return flows to the groundwater tables, the water withdrawal permit system; collects there would be sufficient water to stabilize and water charges, water resources fees and water gradually reverse the current overexploitation of resources compensation fees; and carries local groundwater. out well construction administration. The water bureau has issued a series of official 66. Although the technical requirements documents (circulars) to strengthen groundwater to implement the ET-based WRAS are very management in the prefecture, including demanding, the Geographical Institute of Chinese strict implementation of the policy of “four Academy of Sciences has finished developing the prohibitions”. These are the prohibition of land remote-sensing information system for Turpan reclamation and abandoned land re-cultivation, Prefecture. This allows them to provide data the prohibition of well construction for farming, on real-time monitoring of water consumption the prohibition of water saving for the purpose from basin to field levels and provides the main of farmland expansion, and the prohibition of technical conditions for ET-based water rights afforestation in desert areas. The prefecture administration. and county water bureaus have established the 1 This assumes that areas of farmland other than the farmer household responsibility land of thirty year contract are retired from irrigation, i.e., the large tracts of newly reclaimed land generally held by “non-household farmers”. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 25 Chapter III - A Need for Change 67. An ET-based WRAS is technically practices will result in increased productivity and administratively possible as seen in the and income and as a result, their incentives applications of this approach in other parts of will include: (a) rehabilitation of their on-farm China as well as in many states in the United water distribution system and water savings States. However, as noted in the PAD, this is technologies; (b) free technical services and not an instant solution to the water problems of training programs; and (c) lower water charges Turpan Prefecture. During the life of the project, payments (or lower power costs for pumping) as the groundwater table will still drop, but at a a result of using less water. These are significant slower rate, and perhaps it will be another decade incentives for WUAs and farmers to adopt the ET or more before the groundwater table begins to approach. Water suppliers also enjoy the benefits stabilize and recover. Strict water management of main and delivery system rehabilitation, and control through careful supervision will be which will reduce their conveyance losses. required, and transfers of water should be limited The big farming enterprises located outside to land that has been taken out of production or the project areas will have to adjust to stricter administrative termination of operating permits. measures of ET management, enforced if Ultimately, transfers must be restricted to the necessary through surcharges for groundwater historical consumptive use amount of water. It overdraft. It is anticipated that this will compel is the interdependent relationship between this many big enterprises to reduce or relinquish study and the other seven studies with all the irrigated lands, for which compensation may be project activities and components along with paid. 1 strong stakeholder support that makes this project viable. 70. The non-farmers of Turpan Prefecture who depend upon water for daily use will be 3.3 Benefits to Turpan Prefecture assured a more stable water supply, and the economy of Turpan will also benefit. Currently, 68. A major concern whenever introducing the market economy in Turpan is comparable to a new approach or technology to address a other regions of China. After the project benefits problem in the form of a paradigm shift, is have been realized, there will be increased whether the incentives are recognized by the key cash inflow from selling fruits and vegetable stakeholders and that they adjust to the changes to markets in Urumqi, and elsewhere in China, needed to be successful. In Turpan, the local as well as exports. This is also an incentive to government and water bureaus will benefit from farmers to increase their stable production and improved water management as an incentive net incomes while at the same time increasing to support the WUAs in reducing their water water productivity per unit (crop value per unit consumption to the prescribed ET levels. of ET) through reduced water use. Another major benefactor will be the environment or ecosystem 69. The WUAs and their farmer water as groundwater tables stabilize and eventually users will have the benefit of technological rise, which will result in improvements to the improvements in their distribution and surface ecosystems. application systems as incentives to strictly apply the ET allocation. These enhanced management 1 To address the issue of relinquishing land from irrigation as noted in the PAD, special study No. 8 entitled “Study on Compensation Mechanisms for Returning Farmland for Water” was designed to provide relief to the large farmers and commercial operations who have to decrease their groundwater withdrawal for recovery purposes, and thus reduce or relinquish irrigated land areas. The study will also lead to policies from the prefecture government regarding the big water users. 26 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter III - A Need for Change 71. Although the ET approach to water management may appear to be a major disincentive to enterprise farming, along with restrictions on water rights trading, the overall benefits in Turpan Prefecture are considered to outweigh these and other minor disincentives that may be perceived.1 The need for this new approach to improved water allocation and management is considered essential, as other alternatives to current practices appear less attractive to all stakeholders. 1 During project preparation, interviews with farmers indicated that they were pleased and supportive of the ET approach, as from their perspective their tasks were fairly simple. They mainly had to use the amount of water provided under the new permit system based on the target ET and irrigate according to the irrigation systems program prepared under guidance of the township water and agriculture extension stations. Any water savings technologies or practices are encouraged and will be carefully reviewed to ensure ET compliance as often some technologies and applications can lead to higher water consumption. If weather anomalies or conditions require more or less water to protect crop production adjustments can be made quickly from the monitoring system in order to protect the farmers. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 27 Chapter III - A Need for Change 28 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System Chapter VI - ET-Based Water Rights Administration System 4.1 General Ideas and Design Framework for the Overall System 72. This chapter focuses on the proposed design of the system and its practical application in Turpan Prefecture. As the ET-based approach is fairly new in China, its practical application and degree of sustainable success depends on implementation of the project and the commitment and compliance by water officials, water suppliers and water users in Turpan Prefecture.1 The water rights administration system (WRAS) in Turpan Prefecture is designed to provide the best organizational and institutional combination so that the entire process of water rights administration can be implemented in a scientific and efficient manner. A key project activity under component 1 of the project is to focus on irrigated agriculture for ET purposes. 2 1 As noted in the text, there was a strong support for this project with little or no contentious issues. The WUA system has been widely accepted by the farmers and promoted by the water agencies of the central and provincial governments following initiation by the World Bank and legislative support from the State Council, MWR, MCA and local governments. These WUAs served as the negotiating base for the farmer members of the WUAs. Farmers were well aware of the public auctioning system of water authorized in China that allowed the wealthy farmers to out-bid the poorer farmers. The auction system works well in Murcia, Spain as a form of water marketing, and may become applicable in some parts of China. But in Turpan Prefecture, most of the farmers are poor and need a strong centralized decision-making body like the Turpan Prefecture to protect their interests at the basin and local levels. These WUAs provided the farmers with an equal voice to participate in water management, albeit at their level and in water allocations. 2  The ET approach is designed to result in water conservation and savings from irrigated agricultural uses of water. However, water savings techniques for other consumptive uses, such as domestic, municipal, commercial and industrial uses, will also be promoted and monitored due to the scarcity of water in Turpan Prefecture, even though the amount of water they use is significantly less than for irrigated agriculture. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 29 Chapter IV - ET-Based Water Rights Administration System 73. The main idea for designing the ET-based resources are owned by the state, and managed WRAS is to carry out a systematic design based and administered primarily by the Ministry of on the actual conditions of Turpan, building Water Resources at the central level and parallel upon the existing legal and administrative water departments and bureaus at provincial system, but centering around three sub- to country level (or autonomous region in the systems in accordance with the ET targets and case of Xinjiang). Therefore, initial water rights requirements. These three sub-systems are the allocations are conducted by administrative water rights allocation sub-system, the water means under the water withdrawal permit rights reallocation/transfer sub-system, and the system (WWPS) prescribed by the 2002 Water water rights supervision sub-system. Law and central and provincial regulations 2. This means that the state as the owner of the 74. For each of the three sub-systems, three water allocates the right to divert and use water questions have to be addressed in the design1: to permit applicants for a renewable fixed term. This is the objective and subject of the sub-  What to administer —by clearly defining the system1. main tasks of water rights administration?  Who will administer —by specifying the 76. The objective and subject of sub-system two appropriate organizational structure and is water and water rights reallocations through division of responsibilities? transfers resulting in possible changes to type,  How to administer —by standardizing water place, and time of use. To ensure that the water rights administration through the design of law and permit system is appropriately and a functional institutional system with rules adequately carried out, the methods of inspection and regulations to provide institutional and supervision required under Chapter VI guarantees for fulfillment of the water rights of the 2002 Water Law will be refined and administration objectives? strengthened, especially as they pertain to the permit system and water diversions based on ET 75. Generally, a system of water rights for determined uses. This is the objective and subject water allocation based on ET or consumptive of sub-system three. All three sub-systems are use consists of two levels: (a) initial water rights subject to general administration requirements as allocation and (b) water rights re-allocation well as the special administration requirements through transfers under administrative or for each sub-system addressed under that topic. market mechanisms. The latter always requires Figure 5 illustrates the overall framework and administrative approval. In China, water design of this proposed ET-based WRAS. 1 In addition to the universal “What”, “Who” and “How” inquiries, the “Why” and “When” also needs to be addressed. In this study, the “Why” is the objective of the WRAS sub-component, and the “When” will vary depending upon the time that project analysis provides data enabling permit review and approvals, refinements and adjustment, and reissuance of permits at their term expiration, and measures taken in response to supervision findings. 2 As noted, China has progressively been using the term “water rights” in a manner very similar to many states in the U.S. and other countries that have adopted the permit system with a valid permit as the evidence of the water right. A major difference in China is that often the holder of a permit for irrigation surface water is generally an irrigation district, which is likely a government or quasi- government office. However, more frequently WUAs are applying for permits for groundwater withdrawal and uses (except in large government-sponsored well systems), but they are closely monitored and supervised by water bureaus or stations. 30 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System Figure 5: Framework of the Proposed ET-Based Water Rights Administration System Legal & XTWCP Requirements Boxes 7 and 8 ET-Based Water Rights Administration System Water Rights Allocation Water Rights Reallocation/Transfer Water Rights Supervision Sub-System(WWPS) Sub-System Sub-System Quota, TAC, ET Targets Real Water Savings Exercise of Water Right Surface & Ground Waters Land de-watering By Certificate Holders Water Farmer Water Only ET transferred w/o Inspect, Supervise & Enforce Withdrawers Users(WUA) increase, no harm to system Water allocation plan, quotas, or 3nd parties diversions & ET allocation usage for TAC WWP App for Water Water Rights Administration Diversion Right & ET Use Allocation A, T, S Forms & Procedures Water Rights Certificate Water Supply Contract Water Rights Registry Term, Limits & Conditions and Household Water MER System(MES) KMls & KPls Of withdrawal & ET Use Rights Certificate Auty,Resp, Acct(ARA) * A=Allocation, T=Transfer, S=Supervision 77. The first sub-system is allocation of water uses, which currently use 90-95 percent of rights. This is designed to clearly define the withdrawn and delivered water (surface and main tasks of water rights allocation and identify groundwater), the consumptive use calculation the key indicators. The rights, interests and will be determined by the ET target.1 Therefore, responsibilities (RIR) of water withdrawers and other than the universal elements and indicators water users who have an approved WWP as their of a water right—source of water supply, point water right is established under the 2002 Water of diversion, place of use, type of use, time of use Law and refined by decrees and regulations at and quantity of use—specific ET indicators will national to local levels. The distinctive feature be identified to determine the total authorized of the new approach is that permission for withdrawals for that permit and for monitoring withdrawals of water is authorized under a WWP and supervision of water withdrawals and uses, based on the inseparable link to consumptive namely the water withdrawal indicators and use of water by the users to be served from return flow indicators. that diversion. In the case of agricultural water 1 Use of water by municipalities (domestic use), industries and non-irrigated agricultural uses will be determined based on their record of consumptive use and water savings measures that are appropriate for those types of uses. Because plants/crops are grown as the product of water use in irrigated agricultural, consumptive use will be calculated based on ET, which can be accurately measured at basin to small plots through advanced remote sensing technologies and appropriately assigned down to the farmer household plots due to the detailed land-use maps already prepared for Turpan Prefecture. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 31 Chapter IV - ET-Based Water Rights Administration System 78. This process will be carried out through  The permit holders of approved water rights reasonable organizational arrangements, division permits of responsibilities and institutional structures to  Basic principles of water rights allocation ensure sustainable water resources utilization.1  Indicators of water rights allocation The process will utilize the existing withdrawal assessment permit forms, modified to include and emphasize  Term of water rights allocation the critical element of consumptive use/ET, and  Methods and procedures for water rights specifying conditions and limitations of the water allocation and rules and regulations for water right. There are various forms designed for the rights allocation management current water permit system including the permit application, registration and certificate forms 80. The second sub-system is reallocation and issued by MWR to implement the water law and transfer of water rights. Reallocation and SCD 460 requirements, but these forms or those transfer of a water right (and correspondingly, used by Turpan Prefecture Water Bureau will the water itself) assumes that: need to be modified for the ET based WRAS 2.  All or a portion of the initially acquired water 79. In accordance with basic procedures, water right is being reallocated and transferred or rights allocation includes at least the following exchanged from the original permit holder seven features: to another party upon approval by the appropriate agency, or  The decision-making body that participates in  The initial water right is not renewed at water rights allocation the end of its term or is administratively or  The execution and management organization voluntarily cancelled and terminated 3. and its responsibilities 1 This report does not address the operational activities of the water bureaus and WUAs, such as how the water rights are translated into actual water delivered. Those operational aspects are addressed in special study number 3 entitled “Conversion of Water Consumption Targets into Water Withdrawal.” In that study, the “entitlement” or average ET target will be derived at the river basin level and allocated to the WUAs and other water users. The “water sharing” of the actual ET target calculation for a specific period of time and according to the water availability is in proportion to the entitlement and will be converted into actual withdrawal amounts as prescribed under the permit system. 2 A water right quantity granted under an approved permit and certificate of water right is not a guarantee of withdrawal in the stated amount; it is a maximum allowed under normal conditions and availability of water. This is the limitation of the water right. Thus, on a yearly or seasonal basis, the quantity actually withdrawn and delivered for use will vary according to the source and water availability as proportionally shared by all water users of that source and point of diversion, proportionately shared by all diversions from the common source. This sharing right of diversion issue does not arise under prior appropriation doctrine countries because the priority date of the water right determines the order of diversions according to available supplies, although with the group of water users under that diversion right, a similar sharing principle applies. In theory, with over-appropriated surface and ground water and receding groundwater tables, there is no “excess water” (this will occur only when groundwater tables have recovered to “safe yield” levels, and the non-diverted water demands of the environment and social needs are met). Furthermore, the condition for use and hence withdrawal, is beneficial use without waste as required by the laws and policies of China. For irrigated agriculture, such beneficial use is calculated as the ET requirement, and any use in excess of the total ET requirement/target constitutes waste. The approved water right permit and certificate may also have other limitations and conditions as determined by the permit approval agency, for example, linking the water withdrawal permit to wastewater discharge permit for point-source return flow dischargers or impacts on groundwater quality from irrigated agriculture. 3 If the transfer is to another user, only the consumptive use or ET volume can be reallocated and transferred, which could require a reduction in withdrawal volume at point of diversion (if applicable) and the retirement of de-watered lands from irrigation. It is only likely that water use for irrigated agriculture will be transferred either to other higher-value agricultural uses or a change in type and place of use to higher-value domestic or industrial uses. Of course, there may be special cases of land losing its fertility to produce crops from salinity, alkalinity, etc., or taken for road or canal rights-of-way. The water bureau could “shift” the right to use the “ET” water to other reclaimable lands for which the user has use rights or it could decide to provide compensation for the productive loss of those lands. However, it is not anticipated there will be a salinity problem from application of the ET approach to water management. This is due to the very deep water tables; some of which have dropped 50-100 meters in some irrigated areas resulting from excessive overdraft of groundwater. Even in areas where water has been efficiently used, there have been no salinity problems identified during the last decade. 32 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System 81. Under the new systems of water rights, the based WRAS has clearly been simply task-based water right is “owned” jointly by two parties, and not results or outcome based. The purpose i.e., the water withdrawer and the water users of supervision now is to enhance performance (in some situations these may be the same as in and compliance by improving water rights a WUA). Thus, reallocations and transfers for administration in the allocation, reallocation and administrative purposes can be classified into utilization of water of Turpan Prefecture, including two categories: the transfer of water withdrawal gathering and recording of data and information, rights and/or the transfer of water use rights. analyses, and making recommendations for This means that one party cannot transfer their refinements and corrections. As noted, the new RIR without the knowledge and consent of the approach creates a three-way partnership in water other party.1 Transfers resulting in reallocation of management—between the water managers, water water to others must include obligations of water suppliers and water users. Only in situations of return flows, payment of water resources fees, intentional non-compliance and blatant violations compliance with water rights supervision and any should legal liabilities and sanctions be applied. other conditions and limitations stated in the water The Turpan Prefecture Water Bureau is primarily rights permit and certificate. This administrative responsible for supervision in the Turpan basin. system for water rights transfer is designed to promote optimized water resources utilization, 4.2 Design of Water Rights Allocation and boost water productivity and water resources Sub-System use benefits, but under the condition that interests of third parties are not harmed. In effect, when 4.2.1 General Framework and Requirements of water rights are reallocated and transferred, the Water Rights Allocation Sub-System new water right holders are subject to at least the same requirements as original right holders. 83. In general terms, water rights allocation under ET-based water rights administration 82. The third sub-system is water rights system for Turpan Prefecture consists of five key supervision. This is designed for the monitoring, elements to ensure TAC and that the basis for inspection and supervision of implementation withdrawal is the authorized amounts of CU/ET of the water law and the WWPS, including the from the respective points of diversion: 2 new water right indicators (ET indicators, water withdrawal indicators and water return flow  Allocation (aggregated) of water CU/ET at indicators). Supervision is required under the the basin level according to the water balance 2002 Water Law for compliance at all levels. The (see PAD for formula to calculate water primary change under the ET-based WRAS is the balance and CU/ET); necessity to inspect and supervise withdrawals  Allocation (disaggregated) of water CU/ET and water consumptive uses for compliance not to the three geographic areas of the prefecture only with the set quotas and plans, but also with (which also correspond to the administrative permit provisions, conditions and limitations. boundaries of the two counties and Turpan Supervision and enforcement of the water law City, except for the geo-hydrologically prior to implementation of this project and the ET- connected groundwater sources of the basin); 1 This does not prevent the common practice amongst farmers of “trading” water for use within the command area of a WUA or village because it does not involve or affect the withdrawal of water. 2 The initial water right issued under the ET approach for irrigated agriculture refers to the “entitlement” or average annual target for ET/consumptive use of water derived at the basin level. On an annual basis the allocation refers to the “water sharing” contingent upon the level determined by a frequency derived from historical hydrologic data of water availability, which makes the target ET for a specific year in direct proportion to the “entitlement.” Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 33 Chapter IV - ET-Based Water Rights Administration System  Determine the holders of the water rights; the status of water supply and management  Allocation of CU/ET through water rights to in the Prefecture the water users; and  The prefecture water bureau has primary  Allocation of water withdrawals through technical and administrative authority and water rights to water suppliers responsibility over basin-wide and sub-basin area integrated water resources management, 84. Due to the special hydrological conditions water supply and use assessments, water in Turpan characterized by a closed water balance determination, and ensuring total system, water (surface and groundwater) is to amount control. It also has control over be allocated only by the prefecture water bureau the preparation of the various water plan to permit applicants, with the basic principles of formulations, setting water sector quotas, water rights allocation, ET targets, assessment review and approval of water withdrawal indicators, and other conditions and limitations permits and water rights certificates, operation clearly defined. If the water withdrawal and maintenance of basin monitoring and permits applicant is not also the water user, the evaluation system and water rights registry. This application must provide information about includes annual water allocations, withdrawals, the water users, and the approved permit will uses and water resources and water charge fees specify the requirements for water delivery to assessments and collections; and other water the users by contract between the supplier/ management, administration, supervision and permit holder and the water users or water user enforcement responsibilities delegated by law associations. When the permit to withdraw and and regulations and the prefecture government. contracts for water use are approved by the water The Prefecture water bureau is accountable to bureau, a water rights certificate will be issued the prefecture administrative office naming both the supplier and users as co-owners  The water bureaus of the three counties are and this document becomes the “water right for under the direct control of the prefecture water withdrawal and use of water” in accordance with bureau and specifically responsible to assist in the provisions and term of the permit. making preparations of assessments, plans and analysis; facilitating in the receipt and review of 85. Water rights administration in Turpan will be water rights. They also assist with applications the responsibility of the prefectural administrative for review and approval by the prefecture water office, the governments of the three counties, town bureau. They ensure that water diversions, and township governments, the prefecture water delivery, and distribution and use accord with bureau, the water bureaus of the three counties, the approved water rights and the annual water and the WWP and certificate holders (water allocation plans and quotas. They also receive, suppliers) and water users (WUAs and other review and tabulate annual water diversion and groups). The general responsibilities are: use data and next year’s water diversion and use plans, assessment and collection of water  Turpan Prefectural Administrative Office resources fees, monitor the conditions of water has review and confirmation authority over sources and groundwater tables, and other tasks water allocation and reallocation, and of and duties delegated by the prefecture water water use plans and quotas, confirmation bureau of the ET targets and annually confirming  The Water Rights Holders, i.e.,the withdrawers the water rights/permits registry and water supplying water and users (WUAs, other diversion/use records within the boundaries groups and other users) have the right and of the prefecture. It also must confirm the responsibility to divert and deliver the annual supervision report, and submit it to allocated water to the appropriate users within the Xinjiang water bureau with comments on their command areas and the users have the 34 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System right and responsibility to distribute water grass-roots level initial water rights allocation and to its direct users according to the approved is also the historical foundation for water rights water rights (permits and certificates). They allocation. The WWPS can serve to normalize are also responsible for compliance with and legalize the acquisition and exercise of water approved water permit and certificate terms rights when bulk or large amounts of water are and conditions; compliance with water withdrawn. The establishment of the new water supply and use contracts, assessment and rights administrative system is directly connected collection of water resources fees and charges to the WWPS, as a valid permit and certificate will as applicable. They also have responsibility document a water right. It is through the exercise for the preparation and submission of annual of the rights and obligations specified in the water diversion and use reports; the collection permit that water can be withdrawn and used. of data and information as requested by water authorities; compliance with inspection and 87. Due to the critical water management supervision requirements; (for WUAs) the problems confronting Turpan Prefecture, adoption and implementation of a household the XTWCP was approved and the ET target water right certificate system or some other approach for water allocation and consumptive means to ensure its household members have use accepted. The project and government provide a document stipulating their ET allocation of incentives for water users, withdrawers, and water; and other tasks and activities to ensure water managers to make necessary adjustments in effective implementation of the ET based the allocation and distribution of water for surface WRAS at their level. The water withdrawers/ and underground sources. They will also need suppliers and water users (WUAs and other to ensure conjunctive use of ground and surface water user entities or groups) are to assist the water where appropriate (mainly in Shanshan water bureaus of the prefecture, two counties County), and undergo a transition period of strict and city in making preparations prior to water water control over allocations, diversions and rights allocation, and with other tasks and water uses to ensure that groundwater tables activities required by those authorities will be stabilized. It is anticipated that existing water withdrawal permit holders and water users 86. The Water Law of the People’s Republic of will experience a period of uncertainty about the China (2002) provides: “the state shall implement status of their “water right”. Temporary water the water withdrawal permit system for those rights will be issued until previously allocated who withdraw water directly from groundwater water quantities are re-examined so that (a) the ET or rivers and lakes. 1 ” The water withdrawal targets at various levels (down to the households) permit system (WWPS) is currently China’s basic are established for irrigated agriculture, (b) institutional mechanism for water resources consumptive use is determined for all other users, withdrawal, use, administration, management, and (c) the link between water consumptive use and supervision. It is the primary approach to and diversion of water is instituted 2. 1 Water Law of PRC, Article 48, 2002, as supplemented by State Council decrees, MWR regulations and local legislation by Xinjiang and Turpan. The water permit forms have been prepared by MWR for adaption and use at all levels. Those forms or the forms that are currently being used by Turpan Prefecture require modification and reissuance to reflect the CU and ET target focus in water allocations and reallocations. 2 Turpan Prefecture government has a stated policy that will re-assure local farmers that their water rights will be protected with a reasonable ET target allocation and assistance to improve their water use efficiency and real water savings. In addition, large scale farming enterprises will be allocated a reasonable ET target (but are expected to adopt water saving practices at their own expense) and that existing industrial and domestic water uses will continue but that future allocations will be increased slowly to promote industrial outputs and meet growing domestic water needs. The beneficial use test will be applied to existing water rights as well as to new applications in accordance with the CU or ET allocation from the basin level. These will be carefully designed to integrate the three measures (engineering, agronomic and irrigation scheduling) to increase overall water productivity to determine the new permit withdrawal amount. As this will take time and require improved data, the “temporary permit” approach is applied to ensure compliance with the prefecture’s policy. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 35 Chapter IV - ET-Based Water Rights Administration System 88. The foundation for basin integrated water water users that directly withdraw water, planning and management and allocation of generally for groundwater sources. If water water for diversion and use under the permit is withdrawn by water suppliers (irrigation system is established by existing laws and districts, water supply companies, village water regulations from central to local levels. For committees) that currently are water rights example, “Regulations for Water Withdrawal certificate holders, they must sign a water Permit System and Water Resources Fee supply and fee payment contract with WUAs Collection and Administration” provides that and other water users or user groups even if “units and individuals that withdraw and use the water rights are issued in the names of both water resources, with exceptions stipulated for water withdrawer and water users. 3 WUAs that by Article 4 of these regulations, shall all apply have either obtained water rights certificates for and obtain water withdrawal permits and or established their water rights by contract pay water resources fees.1 ” Thus, at the water with the water permit holder should sign water withdrawal and use levels, the water withdrawal distribution agreements or adopt a “household permit has legal effect. Water rights certificates, water rights certificate” with the actual water the legal documents that serve as evidence of users within their service areas, to ensure that an approved permit, are jointly held by (a) units the water use needs are assured and met. and individuals who have obtained the right to water withdrawal and (b) the water user 90. The issued water rights certificates must groups or individuals that have obtained the state the necessary information to identify right to water use under the approved permit. the permit holder, the water users and area Directly linking the right to water withdrawal of water uses. They must contain the key and consumptive use (based upon ET targets elements of water rights. This includes the for irrigated agriculture) as essentially the source and type of water supply, point of right to divert is the very basis for the right for diversion, place of use, type of use, time of consumptive use. Without this ET-based linkage, use, term of use, and quantity of authorized the “real water savings” accomplished at the consumptive use. For irrigation purposes, field level cannot be converted back to the water this is based on ET requirements, with the source through reductions in withdrawals. The aggregate of consumptive uses supplied from water rights certificates confirm the approved the common point of diversion specifying permit that is incorporated by reference in the the quantity of water that can be diverted certificate that specifies terms, conditions and or withdrawn, and the quantity and quality limitations.2 of return flow waters. The approved permit attached and incorporated by reference into 89. Due to the actual conditions of Turpan and the water certificate, will provide additional the proposed WRAS, water withdrawal permits requirements on the term of the water right may be held by WUAs and other agricultural and the conditions and limitations of the 1 State Council Decree 460 (2006), Article 2 elaborates on the WWPS and WRF provisions in the 2002 Water Law. 2 MWR has issued and most provinces have adopted a set of permit application and approval documents and a form for water rights certificates. The documents and forms used in XUAR and Turpan Prefecture have or will be modified for irrigated agricultural withdrawals and uses of water to include ET requirements. 3 In October MWR, NRDC and MCA jointly issued official document no. 502 to promote and strengthen WUAs throughout China. Xinjiang endorsed and applied 502 under WB projects and elsewhere in the XUAR. XTWCP calls for the establishment of 43 WUAs in Turpan, and will have an important role in water rights allocations, water uses and administration of the system. Therefore, document No. 502 has been attached as Annex 3. Section III requires water supply contracts between water supplier and WUAs. 36 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System water right. Under the new system, ET is 92. These three stakeholders are joined the core control indicator for allocation and in a partnership relationship of authority, use of water, and all these elements will be responsibility and accountability (ARA) applied during monitoring, inspection and to implement this new approach to water supervision of water withdrawals and uses. allocation, withdrawal and use for irrigated Thus, the data and information contained in agriculture in Turpan Prefecture. A fundamental the water rights registry will be linked to the mutual responsibility is the monitoring, water diversion and use records in order to evaluation and reporting of hydrologic, continually assess and make modifications as hydraulic and other data and information necessary to ensure optimum water savings and required in the valid water rights certificates, water use efficiencies, including water savings water allocation and use plans, and allotments in conveyance losses. The certificate or permit and quotas. will provide details of the location, timing and reporting of water measurements. This includes 4.2.2 Basic Principles for Water Rights point of diversions, points of delivery from Allocation supplier to user (user groups such as WUAs) and other locations determined necessary to 93. At the basin level, water balance in measure and maintain proper ET usage. terms of consumptive use refers to the balance between actual consumptive use and target 91. The annual and seasonal monitoring, consumptive use for urban, agricultural, and evaluation and reporting (MER) of water ecosystem uses. The objective of estimating diversions and usages is critical to supervision water consumption balance at the basin level is and refinement of the ET-based water rights to determine the target ET for irrigation areas, administration system to ensure its sustainable taking into consideration the consumptive success in addressing water scarcity and use targets for urban uses and ecological declining groundwater table. It directly involves restoration.1 The second step is to ensure that the three main stakeholders: the actual ET for irrigated areas is less than the target ET. The basin-wide target ET will then  The state as owner of the water with be allocated to each of the project irrigation responsibility for its allocation and beneficial areas, and accompanied by an integrated set use of measures (engineering, agronomic, and  The water suppliers who applied for irrigation management) designed to achieve the permit and received the water rights real water savings. The impact on ET of the certificates and are responsible for implementation of these measures will be withdrawal and delivery to the water users closely monitored to ensure that actual ET is  The water users who may be established as less than the allocated target ET. The target ET WUAs or other individual or groups of water for agricultural use at the basin-level can be users, and who may also be a water supplier derived as follows: and water user 1 Water supply for industrial and domestic uses is assumed to increase by 98 million m3 by 2025 in accordance with the 12th Five- Year Plan of Turpan Prefecture, and groundwater overdraft is projected to decrease by 233 million m3 by 2025 for the restoration of ecosystems in accordance with the agreement between the prefecture government and the World Bank mission during project appraisal. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 37 Chapter IV - ET-Based Water Rights Administration System Water balance at the basin level: 94. At the field level, water consumption P+I-O-WCURB-ETECO-ETAGR =ΔG balance refers to the balance between actual ET after implementation of the integrated measures With: (aiming to achieve real water savings) and the WCURB=Target WCURB+Δ WCURB target ET allocated to the area (for example, a ETECO=Target ETECO+Δ ETECO subproject area such as the irrigated area of a ETAGR=Target ETAGR+Δ ETAGR WUA) from the basin level. The target ET for a subproject area can be calculated in proportion Thus: with the actual ET for the subproject. Activities Target ET AGR =P+I-O-Target WC URB -Target in the subproject area need to be well designed, ETECO-Δ WCURB -Δ ETECO-Δ ETAGR-ΔG including the mix of integrated measures, for actual ET after implementing the project Objective: activities to be less than the target ET. During Actual ETAGR ≤Target ETAGR implementation, Remote-Sensing based ET measurements will be carried out to monitor, Where: and if necessary, take action to ensure that P: Annual precipitation; actual ET is less than the target ET allocated. I: Annual inflow; The different steps of the envisioned ET-based O: Annual outflow; management approach are presented below. WCURB: Baseline annual urban consumptive use (surveys plus RS-based ET measurement); 95. Water rights allocation in Turpan ETAGR: Baseline annual agricultural consumptive Prefecture should conform to the following use (RS-based ET measurement); seven basic principles: ETECO: Baseline annual ecological consumptive use (RS/ET measurement); 1) ET management as the core. The core Target ET URB, Target ET ECO, and Target ET AGR: objective of ET-based water rights allocation is to Annual target consumptive uses for urban use, achieve effective management of irrigation water ecological restoration and agriculture; use through management of consumptive use or ΔWCURB and ΔETECO: Proposed annual change ET. As a result, ET indicators must be specific, from the baseline; managed and controlled so implementation ΔETAGR: Proposed annual change of agricultural of the water rights administration system water consumption, which equals the annual will ultimately ensure real water savings and reduction of groundwater overdraft; sustainable water resources utilization. The Actual ETAGR: Actual annual agricultural water following table illustrates how Target ET is consumptive use after project implementation calculated and reflects the ET indicators. (RS-based ET measurement). 38 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System Table of ET Actual, ET Target and ET Allocation Calculations Table to Annex 4 Water Consumption Water Balance Consumption Balance inin Turpan Turpan Basin Basin Items in Baseline Year Project Completion Year 2015 Target Year 2025 Water Water Items Area Amount Area Amount Change to Baseline Area Amount Change to Baseline Balance mm mm mm million million million million million Equation Hectare Hectare mm ％ Hectare mm ％ m3 m3 m3 m3 m3 1. Precipitation 1,916,744 14.95 286.59 1,916,744 14.95 286.59 1,916,663 14.95 286.59 Available 2. Water inflow 874.00 874.00 874.00 Water Resources 3. Groundwater base flow 41.00 41.00 41.00 Total Available 1201.59 1201.59 1201.59 1. Ecological ET 484,188 85.10 412.04 484,188 412.04 0 498,119 412.04 0 1.1 Man-made ET 2,950 208.52 6.15 1.2 Natural ET 481,238 84.34 405.88 2. Water Surface ET 14,013 240.45 33.69 14,197 29.48 -4.21 -13 14,197 29.48 -4.21 -13 2.1 Man-made ET 963 293.68 2.83 1,147 5.20 2.38 84 1,147 5.21 2.38 84 2.2 Natural ET 13,050 236.52 30.87 13,050 24.28 -6.59 -21 13,050 24.28 -6.59 -21 Water 3. Agricultural ET 114,206 542.49 619.56 114,206 484.95 553.84 -57.54 -65.72 -11 114,206 318.62 363.89 -223.87 -255.67 -41 Consumption 3.1 Crop ET 94,271 630.62 594.50 85,942 603.76 518.89 -27.27 -76.02 54,275 533.87 289.76 -97.16 -305.15 3.2 Non crop ET 19,935 125.72 25.06 28,264 123.68 34.96 0.00 10.31 59,931 123.69 74.13 0.00 49.47 4. Unused Land ET 1,304,338 25.80 336.57 1,304,338 336.57 0.00 0 1,304,338 336.57 0.00 0.00 0 5. Industries 15.42 43.61 28.19 183 100.00 84.58 549 6. Domestic Use 7.03 11.35 4.32 62 20.00 12.97 185 Total Consumption 1,424.30 1,386.89 -37.41 -3 1261.97 -162.33 -11 Outflow 7.86 7.86 0.00 0 7.86 0.00 0 Change in Groundwater Storage -230.57 -193.16 37.41 -16 -68.24 162.33 -70 Note: 1. Change in groundwater storage = total available water resources – total water consumption – outflows 2. The target year by which the prefecture government plans to fully eliminate groundwater overdraft for ecosystem preservation in Turpan River Basin 3. By 2025 the increased water availability will be 85 million m3 for industry, 13 million m3 for domestic use and 162 million m3 for reduced groundwater overdraft. The above water availability originates from the reduced agricultural ET 256 million m3 and reduced water surface ET 4 million m3 4. Reduced agricultural ET comes from abandoning arable land by building green house and water saving measures. It assumed that 25,000 mu; 35,000 mu and 60,000 mu of irrigated areas separately for 12th, 13th and 14th 5- year plan are going to be abandoned by building green house and merging remote small villages. 5. It assumed that ET saving rate is 76% by abandon, 40% by greenhouse and 25% by water saving measures, which should be verified during project implementation. 6. The industrial and domestic water consuming rates are assumed as 50% and 30% separately, which need to be verified too with field survey yearly. 42 2) Unified management. The concept of surrounding mountains and percolating surface unified management set out in the 2002 Water waters from streams (natural recharge) and Law and the 2009 Turpan circular pertains return flows from channels and water uses to managing water resources according to (artificial recharge), it is not homogeneous. the boundaries of the hydrologic basin (and Therefore, Tuokexun County has very limited sub-basins) and the corresponding levels of available and accessible groundwater, while administrative boundaries established by deeper portions of the aquifer exist in Turpan government in a synchronized and integrated City and Shanshan County. Thus, the prefecture manner. For example, the Turpan closed basin water bureau has responsibility for overall is entirely within Turpan Prefecture, and thus basin water balance and TAC, while the three under the administrative control of the prefecture counties are more directly involved with the water bureau. However, numerous surface water surface and underground water resources sources form three sub-systems which roughly management in their respective jurisdictions. correspond to the administrative boundaries of However, because of the particular basin-wide the two counties (Tuokexun and Shanshan) and scarcity of surface and ground water and the county-level Turpan City. While the underlying severity of groundwater overdraft affecting the groundwater phreatic aquifer is hydrologically social and economic development of the whole connected and recharged by inflows from the prefecture, primary administrative authority has Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 39 Chapter IV - ET-Based Water Rights Administration System to be exercised by the prefecture water bureau, operability, the design of the new administration particularly for groundwater management and system is based on linking and modifying the conjunctive use. The water bureaus of the two existing water withdrawal permit system and counties and Turpan City provide assistance forms. There are additional requirements for and coordination of water management in their the volume of water for withdrawal to be based respective areas, but do so under the overall on and limited to the volumes for authorized guidance of the prefecture water bureau. The uses under the permit (ET target for irrigated unified management concept is extended under agriculture, and calculated consumptive use, the new ET-based water allocation system to plus measured return flows for domestic and include rights (authority), responsibilities and industrial uses). The water rights certificates accountabilities of all three key stakeholder identify both parties responsible for water groups 1 who must cooperate, coordinate and withdrawal and the parties entitled to water collaborate in a unified partnership to achieve uses, the volumes as well as the measurement sustainable water utilization and real water requirements of withdrawals and uses. The savings in the prefecture that will eventually requirements of water supply, uses and fee reverse the declining groundwater table. The payment is assured through contracts from the key elements for unified management include water supplier to famer water user associations water withdrawal and delivery, distribution and (or other water user groups), including the consumptive use, and drainage as return flows. requirement of issuing household water rights The rights and obligations concerning the water certificates by the WUA directly to households right are monitored and supervised by a series of based upon a valid water rights certificate. indicators that cover these key elements.2 4) Terms and Conditions of Water Rights 3) Incorporating the new approach into the Allocation. The term of validity for the water existing water withdrawal permit system. To allocation must be clearly specified in the water achieve ET-based water rights administration, rights certificate in accordance with central the organizations and their responsibilities of and Xinjiang laws and regulations 3 . SCD 460 the current administrative system need to be indicates the term for water rights might be five not only utilized, but adjusted accordingly. To to ten years, but Xinjiang and Turpan Prefecture reduce social disruption, and implementation may adopt a different term for different types costs while increasing the realistic level of and locations of water diversions and water uses1. 1 Water resources managers are the prefecture and country water bureaus. The water suppliers who withdraw and deliver water vary with general type of use. They include the government for domestic water, quasi-government to private bodies for industries and factories, and government entities to water users for agricultural. The water users are domestic and industrial users while for agriculture they may be WUAs, village water committees or individuals. 2 If the system of water rights indicators is based on only water withdrawal without explicitly standardizing the consumption and the return flows, it will be impossible to achieve effective control of water consumption and impact on the groundwater tables. It is acknowledged that for irrigated agriculture, return flows are non-point and thus not possible to accurately measure and attribute to a specific household. Therefore, the return flows attributed to irrigated agriculture will be calculated based on impacts or changes to the groundwater table systematically monitored and measured in the basin. 3 For example, under the central water law and regulations, terms of five to ten years are recommended, but some provinces have determined that those periods too long and consequently issue permits for three years. This requires a constant re-application of permits and does not provide sufficient time to encourage long-term investment in infrastructures at diversion and delivery levels and at field application levels. For these reasons, many states in the USA grant indefinite or longer fixed terms for water rights. Virginia, for example, bases the term on recoupment of the investments made. Generally all permit states and countries specify conditions for exercising the water right (diverting and using water) and maintaining the rights validity, which if violated may cause suspension, termination or modification of the water right. Like China, some states in the USA have a “use it or lose it” provision. For example, China states two years of non-justifiable use terminates the water right and Wyoming requires four years of non-use and a warning, which if followed by a fifth year of non-use, the right is forfeited. California issues a long-term water right under the condition that annual reviews may place additional limitations on the diversion and use of water to improve water use efficiency. The objective of a longer term is to reduce administrative cost and increase efficiency of personnel, as well as eliminate costs and time of the water right holders. 40 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System It should be noted that different water rights measurement and reporting requirements and permit holders and water users have varying the availability of water. In Turpan Prefecture, features. For example, WUAs are relatively this will be the recovery of groundwater tables stable. After water is withdrawn and delivered to determined “safe yield” levels that takes into to their outlet by the water supplier or for those account the seventh principle described below. WUAs who jointly own and operate wells to Other water right conditions may be included to withdraw water under an approved permit, enable inspection, supervision and modification the WUA (whose leadership if directly elected of the right to withdraw and use water, from the farmers represented by the WUA) depending upon natural conditions and the distributes the delivered water to member farmer severity or scarcity of available water resources. households (holders of contracted responsibility Climate change may contribute to variations in lands) based upon the ET target calculation.2 In natural conditions, and therefore other conditions some situations, water users (WUAs) might have that may be included cover water rationing, rights to use water from surface sources when rotation in use, seasonal withdrawals, and available, and then have rights to withdraw conjunctive use of surface and ground waters water from groundwater as an alternate point of where use of groundwater may be identified and diversion, as a conjunctive use measure. Because required as an alternate point of diversion. the WUAs are relatively stable and the nature of their water use is long-term, they might be 5) Ensuring water use for the contracted granted a longer period or term of their water responsibility farmland. Agricultural water rights. Whereas, individuals or enterprises who users in Turpan Prefecture are classified into two independently withdraw water for agricultural categories by the nature of their land holding production that are normally engaged in farming and use. These are (a) householders of the 30- to make a profit (this may be referred to as an year contracted responsibility farmland, and (b) “industry in irrigated agriculture production”) operators or enterprises of reclaimed land for might be granted a shorter term water right, but commercial agricultural production. The policy with some degree of flexibility due to economic of the prefecture is to ensure and protect the and social developments and changes in local water rights and livelihood of the first category, water resources plans. Whatever term is granted and the lesser quantities of water for domestic for water withdrawal and consumptive use, it and industrial uses. The second category of must be made clear that the water right is not reclaimed land is allowed to withdraw and a guarantee of that water quantity availability use residual water (mostly from groundwater) specified for the term granted. Rather it is according to the circumstances. conditional upon reasonable withdrawals and beneficial uses, including compliance with 1 Initially, Turpan Prefecture government has considered a three to five year term for agricultural water rights with the rationale that (a) this would be consistent with the prefecture five-year plan for social and economic development; (b) it is consistent with the existing term of water right permits; and (c) this would protect the farmers’ interests. In reality, the amount of water allowed to be diverted and applied is limited to the ET target for the lands served, and this may vary from year to year. This is a condition and limitation of the water rights, and simultaneously provides the flexibility to implement the ET approach while stabilizing the groundwater tables and increasing farmers’ productivity and income. 2 For all pilot areas under the project, the target ET will be allocated at the level of the WUA and big farming enterprises from the basin level through counties and townships protected by the permit system. The target will then be converted into the target distribution for the WUA or enterprise for individual farmer households within the WUA as an internal matter of the WUA. Government water officials will provide technical guidance on how to distribute fairly and consistent with the ET allocations at farm field levels. Special study number 6 called “Support for WUA ET Management” will ensure that WUAs have the necessary knowledge to control ET with project assistance to fund irrigated agriculture water savings technologies and practices (e.g., drip irrigation systems, on-farm water distribution systems rehabilitation, etc.). Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 41 Chapter IV - ET-Based Water Rights Administration System 6) Adaptation to the existing water that minimum ecological and environmental use customs. Farmers in Turpan Prefecture water availability is ensured. Comprehensive have experienced lengthy periods of water consideration must be given to local water distribution and use under scarce water supply resources availability, water resources needs, conditions and consequently have developed and ecological and environmental conditions to their own particular customs of water use. In be maintained in the light of local conditions. establishing and implementing this new water Environmental and ecological protection of rights administration system, their customs must waters may be necessary for maintenance of be respected where they do not conflict with minimum flows in surface waters and stabilizing or prevent implementation to improve water groundwater table levels. The source of water to security in the prefecture.1 For example, in the meet these needs at different locations within the conjunctive use of surface and ground water, a Prefecture may be natural flows or from return common practice among farmers is to use surface flows of water right.3 water early in the growing season and switch to groundwater use when surface water is no longer 4.2.3 Water Rights Allocation and Assessment available. Care must be taken to be flexible and Indicators not to impose hardships through rigid rules. The project will improve some surface water systems 96. The new approach to water rights allocation (reservoirs) to stabilize reliability of water for irrigated agriculture is based on consumptive supplies during the normal growing season, but use or ET. As described in the PAD, the indicators for those converting to greenhouse farming they must at least cover three key elements: quantities most likely require use of groundwater. Thus, of withdrawal water, quantities of consumable the WWPS must accommodate alternate points water, and quantities and qualities of returned of diversions linked in the water right registry water. 4 The project Knowledge Management and water allocation plans. System (KMS) and in particular, the M&E system (MES) will identify the specific key and supporting 7) Ensuring ecological and environmental indicators to monitor and measure these elements water needs. Ecological and environmental water and other project activities, as well as identify the needs are to be determined by the ecological location and use of measuring instruments for service requirements to be maintained.2 the monitoring system. Computerized databases Ecological and environmental water needs should will be established for the MES, including data be determined and reserved from allocation gathering, evaluation, recording and reporting to for sector uses where necessary in such a way appropriate authorities and the permit holders 1 Turpan is a prefecture that is highly populated by many minority ethnic groups. There may be some water use customs specific to a particular ethnic group and these should be well understood and be given careful consideration with sincere respect. 2 The ecological service requirements for Turpan Prefecture may not have been scientifically set at this time, but it is the responsibility of the Turpan Prefecture Government to restore the ecosystem. The Prefecture’s Environmental Bureau will monitor the status of the ecosystem and make its report to the Prefecture Government, who in turn will report the findings to the Xinjian Regional Government. 3 The 2002 Water Law, Article 21 requires full consideration of environmental ecological needs in the development and utilization of water in arid and semi-arid regions and the prevention of groundwater overdrafts that adversely affect environmental conditions, and Article 30 requires maintenance of rational (minimum) flows of natural surface water (rivers and levels of lakes). 4 A fundamental issue with many surface water withdrawals and open channel groundwater delivery systems is the high conveyance losses during delivery to water users. The allocation of water for withdrawal needs to take these losses into account and therefore, the only logical application of ET for irrigated agriculture is measurement of delivered water to the WUA or individual household users (who also may have numerous parcels of land to distribute their water, but which comes under one household). A second fundamental issue concerns losses of water delivered to the user that does not reach the point of crop-watering from which the ET is based. A third fundamental issue concerns the requirement of quantity and quality of returned waters (either to surface systems run-off or percolation into the groundwater table) as water users may consider this to be an additional cost in terms of water charges or fees that could be avoided if water is judicially applied according to agronomic principles. 42 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System and water users in a timely and systematic 99. Therefore, it is important that all three manner. Computer equipment and internet access parties realize the need and benefits from strict at least for the water managers at prefecture and water management measures, and accept that county levels is a project activity under the KMS. water use restrictions are necessary to achieve ET targets and consumptive use levels and thus 97. Due to the difficulty to establish and carry are conditions and limitations of the awarded out the quantity and quality indicators of return water rights. Likewise, the monitoring indicators flow waters (surface flows or groundwater will need to address each of the elements set out recharge) from agricultural water uses, the in approved water rights for gathering of data project will focus on groundwater table levels and information and assessment, at locations and water qualities to ascertain return flow and intervals approved by the prefecture water impacts. For any authorized withdrawals and bureau. uses of water in Turpan Prefecture, remedial measures will be taken if return flows diminish 4.2.4 Methods and Procedures for Water Rights or water quality deteriorates below acceptable Allocation levels. 100. Based on research of present practices 98. Table 7 describes the technical process in Turpan Prefecture, applicable laws and and calculations to ascertain the ET target regulations, and the objectives of an ET-based and ET allocations from the available water water rights administration system, the following sources for the various categories of uses, six methods and procedures for water rights including ecological needs, to determine the allocation are proposed, consistent with the impacts on groundwater storage. The formula general responsibilities set out in the paragraph for calculating ET allocation also factors in above: diversion and conveyance losses. In addition, allocations for domestic and industrial water  Turpan Prefecture Water Bureau makes uses include return flows less diversion volume prior preparations and draws up the initial to determine “consumptive use”.1 The review water rights allocation plan based on and approval of temporary water rights for all the ET quota and taking into account the approved basin water users and means of water existing water withdrawal permits. In the withdrawal and conveyance of the authorized process of preparing the initial water rights use quantities can be established for the basic allocation plan, the water bureaus of the three water right and water entitlement based on the counties, WUA representatives, water user ET, basin water balance and TAC calculations, representatives and other interested parties the application of the annual quotas, and spatial will be encouraged to participate. When and temporal information on water sources the allocation plan has been finalized, the and availabilities. Each year, the actual water prefecture water bureau submits this plan to allocation for withdrawal and use for each water the Turpan Prefectural Administrative Office. right will have to be adjusted based upon the  Turpan Prefectural Administrative Office projected availability of water, spatial status of reviews and confirms the initial water rights groundwater tables, and extent of remedial target allocation plan and makes it available to the impacts projected for that year. public. After consultation with the water 1 This ET allocation approach to promote water savings, reduce water waste and avoid water scarcity without adversely affecting crop production or unnecessarily increasing costs to prohibitive levels is similar to the “duty of water” concept for water allocation in many states of the US. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 43 Chapter IV - ET-Based Water Rights Administration System users to be served under the plan’s water water bureaus to modify their practices, modify rights, the water withdrawal units apply for the water withdrawal permit forms to include ET or CU based water withdrawal permits. the ET approach and expand the sections on  Turpan Prefecture Water Bureau and water conditions and limitation of the water right, bureaus of the three counties review the water and limit the right of water withdrawal to the withdrawal permit applications in accordance consumptive water use (ET) allocation of the with the water withdrawal amounts and water users served. Further, since the initial water use quota stipulated in the plan. The implementation of the new approach and prefecture water bureau recommends the measures needs to be piloted, tested and refined action to be taken (application approval, at least during the initial years of the project, modification or denial) and submits it is recommended that all (new and revised/ these recommendations to the prefecture reissued) water rights be considered provisional administrative office for confirmation before in order to allow adjustments during project the prefecture water bureau approves the implementation. permits and issues water rights certificates.  The issued water rights certificates and 4.2.5 Establishing the Water Rights Allocation approved permits are registered in the Administration System water rights registry described below which identifies the water withdrawer and 102. Administration of the new water rights diversion works and the irrigation water approach will be in accordance with the users by organization (i.e. WUAs) and area, requirements of central and Xinjiang laws and and specifies the term of the water right regulations as well as organizational structures and limitations and conditions of water that exist in Turpan Prefecture. However, as withdrawal and use under the certificate. noted, Turpan water and relevant agencies at the  Water withdrawal units will sign water city and county level have not been able to fully supply and fee payment contracts (WSFPC) implement the existing legal mandates for TAC, with the water users groups (WUAs) and water allocation plans and WWPS in a manner individuals. The contracts must specify the that may have avoided the current water scarcity registered water right certificate and require conditions, receding groundwater levels and compliance by both parties to the term, environmental degradation. Therefore, under limitation and conditions of the water right. the project approach to base water allocation for Copies of the WSFPC will be maintained by withdrawal and use by irrigated agriculture on the water withdrawing unit for inspection ET requirements in order to initiate real water and supervision by appointed water officials. savings, eight points are proposed to improve the water rights administration system. These 101. As noted, to achieve and measure real points are set out in Box 11 and explained in the water saving through the ET approach to water text following. allocation requires the prefecture and county 44 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System Box 11: Requirements to Establish an Effective Water Rights Administration System  Integrated Water Resources Planning (comprehensive and  Safeguarding Farmers’ Water Use Rights integrated river basin master plans and special plans as  Water Rights Adjustment in an Emergency (emergency required under the 2002 water law) allotment plans)  System of Total Amount Control  Water Rights Registration and Registry (computerized,  System of Consultation for Water Rights Allocation linking water rights to annual water diversions and uses  Water Rights Allocation Publicity and the assessments and collection of fees, and linking to  Water Reserved from Allocations for Eco-Environment wastewater discharge permits for domestic and industrial Protection discharges) 103. Based on the principles of water balance 104. To ensure that water rights allocation in and TAC, integrated water resources planning of Turpan Prefecture is controlled within the limits Turpan Prefecture forms the basis and provides of sustainable water resources utilization, it is measures for water rights allocations. The plans necessary to refine and apply the application of must be strictly applied. Under the water law total amount control (TAC) as required by the and applicable legislation and regulations for 2002 Water Law. 1 The water withdrawal permits Turpan Prefecture, this planning process should must not exceed the total target ET and water result in comprehensive basin master plans withdrawal quota allocated to the prefecture. and special plans, such as addressing the water requirements of irrigated agriculture. The target 105. Water rights allocation concerns the ET will be determined by planning, with the aim interests of many parties, but the prefecture of sustainable water resources utilization for the water bureau must be responsible for managing entire prefecture area. At the same time, relevant and administering the state owned water rules and regulations with a particular focus of resources within the prefecture. Failure to the WRAS and the project must be established gain the understanding and support of the to ensure effective linkage between plans and relevant stakeholders will lead to disputes and actions at the various levels. At lower levels, adversely affect the implementation of the water plans must conform to and be consistent with a rights allocation plan.2 Therefore, an effective higher level plan. For example, the ecological and consultation mechanism for water rights environmental water reserves contained in a higher allocation needs to be established to strengthen level plan must also be reflected in the lower level democratic decision-making and mutual plans. If a lower level plan is to be enacted before understanding in the process of water rights a higher level plan, interactions and coordination allocation. 3 between the plans must be strengthened so that different levels of plans are consistent. 1 Article 47 of the 2002 Water Law requires a unified system of total amount control and quota management for water uses, the latter formulated by sector. Thus, for irrigated agriculture, the quota may be the ET target. 2 In this context, the term “stakeholders” refers to water rights holders and individuals or organizations, including governments whose interests bear fully on the withdrawal and use of water resources. 3 When the World Bank first introduced the concept of real water savings in the Hai Basin Project there were a number of contentious issues. However, when this project was discussed with the Xinjiang and Turpan governments and water users, there was strong support for the ET based management approach as the experience from the last ten years was proof that applied water savings technologies did not “save” water because the groundwater tables continued to decline even though water withdrawals under the permits did not significantly change. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 45 Chapter IV - ET-Based Water Rights Administration System 106. The Turpan Prefecture Water Bureau 108. With rapid global economic integration, should be responsible for organizing the industrialization and urbanization plus governments of the three counties and their increasing global climate changes, unusual water administration departments and water demands on water resources are unavoidable user representatives in establishing a water rights in regional economic and social developments allocation coordination group to strengthen due to unpredictable events and emergencies. To communication, consultation and collaboration improve “water security”, it may be necessary to in the process of water rights allocation. Impacts establish a reserve water system for emergencies on third parties should be assessed in a scientific and future economic and social development. manner and the opinions of stakeholders should The government has the right and responsibility be sought to prevent water withdrawal permits to manage the nation’s water resources through from harming the interests of third parties. policies and regulations from the central level Also, consideration should be given to the need as well as at provincial and local levels. Not to set up an expert advisory and justification all water resources need to be allocated for committee for water rights allocation. This withdrawal and use— some water should be committee would consist of experts in water held in reserve. rights and water resources planning from the water system and relevant scientific institutions 109. Reserved water can be classified into three and would be responsible for providing technical categories according to their purposes: advice and justification in the process of water rights allocation, diversion and use, as well as  Water reserved for ecological and environmental technical support and a scientific basis for water needs, mainly for future ecological and rights consultations. environmental improvements, including both in-stream and riparian water use 107. Water resources in China are public  Water reserved for future development— natural resources, and therefore the government Turpan Prefecture is currently at a stage of must play an important role in ensuring rapid development; 1 and sustainable water resources utilization and  Water reserved for emergencies, mainly for safeguarding the interests of the general public necessary water demand due to unpredictable in the process of water resources development, events, such as ecological emergencies, utilization and protection. At the same time, drought mitigation, and emergency inter- water rights allocation concerns the interests of basin transfers,2 in addition to the rights of water withdrawers and water users. To promote government to limit the amounts of water equitability, transparency and accountability, a withdrawn during major droughts. 3 water rights allocation publicity system should be established to keep all stakeholders informed and encourage their participation. 1 It may also be impossible to acquire water for future economic and social development by water rights assignments or trading, a practice now common in some western states of the USA. 2 The issue of reserving water for environmental protection, emergencies, and future uses is not to create a “water right” for these purposes, but rather to “reserve” a portion of available water (surface or underground water) from being allocated under a water withdrawal permit. This is a common international practice, often confused with setting aside from allocation for various future and public uses in a plan verses issuing a water right to divert water for economic gain (agriculture, commercial and industrial uses) or a public use (community and municipal water supply). Reserved water is not a “water right”; it is water “reserved from allocation” under a water right. It can be quantified and location specific, and is a component of TAC. For example, minimum flows and environmental flows and the designation of an aquifers’ “safe yield” and level to protect the environment are not volumes and locations of water specified in a water right, but rather are waters reserved from allocation. 3 SCD 460 Article 41 (2006) 46 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System 110. Due to its public nature, reserved water Therefore, a system of safeguarding farmers’ water should be determined through consultation after use rights must be established to end reallocating comprehensive consideration is given to the the water of the contracted responsible farmland prefecture’s water resources availability, eco- holders for agricultural use on reclaimed lands, environmental conditions, economic and social industrial, domestic and other uses in the process development and other relevant factors. of water allocation. 1 111. In accordance with the basic principles 113. In order to enhance the security and of reserving water, reserved water may be used safety of water rights, it is necessary to establish according to prescribed procedures when the a process of water rights adjustment in an following conditions are met: emergency under the following conditions 2 :  After successive years of dry weather or  How to define and assess an emergency. In drought, normal municipal water supply an emergency, the extent of the drought or faces water exhaustion and an imminent flood or other emergency requiring public water supply crisis owing to serious water administration can initiate the need for resources shortage and limited water works adjustments in water rights. regulation and storage capacity;  How to temporarily adjust the water rights  Ecological and environmental crisis arises that are already allocated in an emergency. because of dry weather and water shortage; Generally, measures that can be taken for  Settle and avoid water market disorders and water rights adjustment in an emergency their wild fluctuations as a result of extreme would include: proportional reduction of speculation in order to maintain social water, temporary administrative control, stability and normal economic development; reduction of water use categories, and  Solve or alleviate problems of uncoordinated, prioritization of water uses. However, after unhealthy and unsustainable socio-economic water rights adjustments or reallocation development resulting from uneven measures have been decided, publicity, distribution of water resources and wide transparency and historical consistency must wealth disparity; and be ensured. Furthermore, increasing climate  Support adjustments and re-arrangements change and frequency of extreme weather of major national or regional development events causes significant uncertainty of strategies and national defense developments. water resources supply and demand. Thus, while discharge of carbon dioxide and other 112. As noted, agricultural water users in Turpan greenhouse gases should be reduced through Prefecture fall into two types: holders of contracted energy conservation and emission reduction responsibility farmland, and water users who conversely, full consideration should be given have reclaimed lands for agricultural production. to the impact of climate change on water rights Agricultural production activities by the first type and relevant measures should be formulated. are undertaken for people’s livelihood whereas Adjustments may be permanent or temporary, the second type is generally for economic gain. sector focused and regional or area specific. 1 In many states in the U.S. and in other countries, the water laws include an “appurtenance doctrine” that ties certain water rights (i.e., water for irrigated agriculture of households and water rights for irrigation districts) to the land. It can be a limitation or condition included in an approved water withdrawal permit as a provision in the water rights certificate. Although these provisions protect or safeguard the farmers’ water and water rights, such provisions are also restrictions on sale and transfer of water and water rights. Thus, such protective measures have both positive and negative consequences. 2 Article 45 of the 2002 Water Law specifically requires contingency plans of water allotment for drought emergencies, but does not go as far as proposed for necessary adjustment to meet a wider range of emergency conditions that may occur in Turpan Prefecture. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 47 Chapter IV - ET-Based Water Rights Administration System 114. In order to standardize and manage water water rights is an obligation of the water right rights allocations, a computerized system of water holder, but maintaining a water rights registry rights registration (or water rights registry) must is an administrative function of the water right be implemented for any authorized permission to issuing agency. 2 use surface or ground water for which a permit application has been approved and a water 4.3 Design of Water Rights Reallocation/ right certificate issued. It is an essential tool to Transfer Sub-system successfully implement a basin (or in the case of Turpan Prefecture, a closed basin) master water 116. For the duration of this project and for plan, allocation and allotment plans, sector water several decades after, water scarcity and the use quotas and actual diversion and distribution critical condition of over-drawn groundwater of water in accordance with the permit system. resources will not be comfortably resolved, even For the ET-based water rights administration, the under the strict water management measures to water rights registry is fundamental to ensure be implemented by the ET-based water rights proper water diversion, delivery and consumptive allocation approach for agricultural water use by ET calculation and their supervision. The withdrawal and use. Turpan Prefecture has registry should be linked to the water diversion never had an abundance of water, either in the and water use records (also computerized) atmosphere, on the surface or underground. and other basin hydrologic data systems, in Further, Turpan basin is not only confined to order to achieve TAC and serve as the basis for a sink or closed-basin (there are many closed- determining if actual use measured by ET is basins in China such as Tarim and Shiyang achieving the ET targets. Regardless of whom basins) without known out-flows, but it also has (who) issues the water rights certificate (central the second lowest spot in the world at 154 meters government, Xinjiang, or Turpan Prefecture, for below sea-level and wide variations in annual water diversions and uses authorized in Turpan temperatures. The overdraft of the groundwater Prefecture), the water rights registry created and table remains serious with levels still declining. maintained by the Turpan Water Bureau must Yet, political and economic interests seek to shift be current and complete to include all surface or reallocate water from irrigation water uses to water and groundwater authorized diversions promote more profitable industrial development and uses in the prefecture.1 These records are the and meet increasing domestic demands. This is fundamental sources of data and information for attempted by elaborately providing for transfers water rights analyses, inspection and supervision. and water marketing of “saved water” which is more likely to aggravate the physical system 115. A water rights registry is a feature of a while at the same time causing more hardships well-designed water withdrawal permit system for Turpan’s poorest citizens. This group is required by the 2002 Water Law, SCD 460 and most likely to “lose” their right to use water for several MWR regulations. It is a universal irrigation than to be “fairly compensated” for practice in permit issuing water rights countries water they relinquish or have taken from them. 3 and many states in the U.S. Registration of 1 As noted previously, a central government construction and production farm with its own water bureau is located in Turpan Prefecture. 2 A registration form is included in the various permit forms provided by MWR. Many provinces have adopted a computerized registry of water permits/rights and some link the right to use water with annual water uses to ensure proper administration of the permits (e.g., Liaoning, Gansu, Jiangsu and other provinces). The IHWR, Beijing, has developed a standardized computerized system that can be downloaded from the internet. 3 It is recognized that these limitations may be contrary to the spirit and principles of the 2011 Document No. 1, but they are considered necessary under the critical water conditions in Turpan Prefecture. 48 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System 117. Consequently, it is recommended that, and point of diversion, or (c) because of the serious except under the specific circumstances described nature of the groundwater conditions that threatens below or exceptional cases, at least a five-year the rights of third parties. If land is taken out of moratorium on all reallocations of water resulting production, either voluntarily or involuntarily, from transfers of water rights be put in place until payment by the party to whom the water right there is a high degree of certainty that the ET is transferred for the water right will be made or based approach will reverse (not just slow) the compensation paid by the government for the loss serious over-draft groundwater and ecosystem of benefits of the right to use water. degradation conditions in the Turpan basin. 1 120. Regardless, any reallocation of water 118. Transfer of water rights for saved water is by transfer of water rights or implementing currently a contentious topic in China with great conjunctive use measures should only be for the emphasis placed on creating water markets. But annual amount of actual consumptive use or ET, under the present conditions of water withdrawal not of the volume permitted to be withdrawn.3 permits (a.k.a. water rights) that most often are Transfers of water rights for withdrawal and/ issued to irrigation districts or non-farmer water or use will require a modification to the water suppliers, there are no assurances or protection for right certificate and permit and the consequences farmer water users. This is because the “water right” will have to be closely considered in determining is currently focused on approved “withdrawal” whether to approve such a transfer. 4 For the new volume, and not on the volume of water needed ET-based water rights administration system, it for irrigated agricultural consumptive water needs may be premature to conclude that “saved water” and uses 2. Currently, there are not sufficient water can be accurately identified as sustainable to be rights in Turpan Prefecture available for trading to transferred. It is possible that after five or ten years establish a water market. of application and refinements, the approach will be sufficiently matured. This means that all key 119. The exceptions for allowable reallocation stakeholders would be knowledgeable on how the and transfer of agricultural water rights are limited process works and how to put the measures into to the following three scenarios. These are (a) practice as indicated by the performance output retiring all or a portion of the water rights by taking results measured by reduced diversion quantities land out of irrigated agricultural production, (b) and/or positive impacts on the groundwater table, administrative cancellation or non-renewal of a and not merely by compliance with regulations and water right either in lieu of an alternative source procedures. 1 As noted above, water transfers and trading are legally authorized under the 2002 Water Law, a reversal on the issue from the 1988 water law, and for that reason, the use of the “moratorium” legal concept is proposed to temporarily suspend water transfers and trading on a large scale except as noted previously. 2 Some farmer water users have “developed” water for diversion for their and other neighboring farmer households’ irrigation needs, typically from groundwater wells distributing water through closed pipelines to a limited number of nearby household lands. Thus “water savings” by the these farmer households is generally not to free up water for reallocation by sale or trading, but to improve reliability of supply and reduce costs associated with obtaining the water at the field level or to expand irrigable but fallow household lands. 3 Water and water right “transfers” could be carried out among individual farmer households within a WUA and even between WUAs receiving from the same water supplier, as these are internal matters coordinated by the WUAs. Also, when farmers lease out their lands to another to cultivate, the right to use the ET water allocation for those lands “transfers” to the new operator and the water permit will be renewed at the end of the permit term to the WUA provided there has been compliance with the conditions and limitations of water use stated in the permit. In China, the term of land use contract and water use right are not linked. This means that the water right is appurtenant to the land only if the cultivator complies with the right of use, regardless of whether the land is cultivated by the land contractor holder or lease holder. 4 Water right certificate or permit modifications necessary due to transfers is of global concern. One recent study concluded “no unintended consequences occur if permit modification is done with the requirement that either (a) return flows not be reduced, or (b) only the consumptive part of the water used may be transferred. If these parameters are imposed, permit modification will have minimal effects on other water users.” see: Modification of Permits Based on Consumptive Use, Stephen E. Draper, 2002, web: http:// www.cviog.uga.edu/services/policy /environmental/georgiacommittee /whitepapers/con-sumptiveuse.pdf. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 49 Chapter IV - ET-Based Water Rights Administration System 121. Nonetheless, the topic is still valid and use (industry or municipal water supply) or important to Turpan Prefecture. It is relevant public benefit (environmental protection and not only for water saved by ET practices, or improving groundwater tables). Notwithstanding from improving water delivery efficiencies, but these provisions, it is recommended that any to enable transfers of the water rights for real reallocations and transfers of water and water water saved and retiring farmland from irrigated rights be restricted. production, especially those large commercial enterprise farms irrigated by groundwater, to 123. The prefecture water bureau would be social or higher value industrial uses. But during responsible for review and approval of any water this project period, and even for a decade or so rights reallocations and transfers of water rights. after the end of the project, the groundwater The application for reallocation and transfer of a overdraft problem will not be immediately water right or water withdrawal permit could be resolved (see figure 7). Therefore, during the submitted directly to the prefecture water bureau project, the ET approach at most will only be or to the county level water bureau. The latter refined and the groundwater table rate of decline would receive the application and supporting reduced and nearly stabilized to demonstrate the documents and carry out a preliminary review success of this approach. Only then should active to ensure the appropriate information is trading and water marketing be considered. provided and may even make a recommendation for consideration before submitting it to the 122. Transfer of water withdrawal rights prefecture water bureau for final action. The is provided for by the Regulations for authority and responsibility for the decision to Administration of Water Withdrawal Permission approve in whole or in part, request additional and Water Resources Fee Collection: “Any unit information, or deny the request rests with or individual that has lawfully obtained water the prefecture water bureau. The prefecture withdrawal rights and has saved water resources water bureau is accountable to the Prefecture through product adjustment and industrial Administrative Office for reallocations and restructuring, technological reform, economical transfers of water rights in the same manner as water use, and other measures may transfer it is accountable for the allocation by WWP and the water resources saved in a paid manner in their renewal. accordance with the law, within the term of validity and the quota of the water withdrawal 124. Procedures and rules for application, permit, after approved by the original review and review and approval or denial of requests for approval organ”.1 Based on the current status of reallocations and transfers of water rights are water resources development and utilization in basically the same as for applications for a new Turpan Prefecture, water rights transfers from or renewal of a water right. The difference is ET savings resulting from investment in water more detailed considerations by the prefecture saving equipment and adjustment of water use water bureau concerning possible impacts on and agronomic practices are the benefits to the the groundwater table and for the prevention of investor. For example, to obtain a water right adverse impacts to the physical system and other for transfer of “real” water savings, industries users. Water transfer pricing is generally not of and enterprises, or farmers or groups of farmer direct concern of the water bureau as the process water users, or the government might invest must be achieved through consultation and in water saving technologies and practices to mutual agreement of the parties. enable a transfer to a higher and more productive 1 SCD 460, Article 27, 2006 50 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System 4.4 Design of Water Rights Supervision and water rights in good standing for the Sub-system measured quantities of water source and supply. It is also responsible for withdrawal and 125. The third sub-system concerns supervision delivery to water users (WUAs) based on ET of water rights administration and other allocations, distribution and use by individuals supervision and inspection activities required or households as well as annual reporting under the 2002 Water Law and implementing requirements, and the quantities and qualities decrees, regulations and provincial legislation of water returned to surface and groundwater and regulations. 1 Although the emphasis is systems in the three counties. 3 The prefecture primarily on those water rights established under level is also responsible for ensuring that all the new approach, there must also be supervision data and information for indicators is timely for reallocation and transfer of water rights, and accurately collected, and that withdrawals and the exercise of the water rights for annual and uses are controlled within the limits of the withdrawals and uses in compliance with annual quotas allocated. This will be achieved by taking allocation plans, ET requirements and sector comprehensive measures (including engineering, quotas. Inspection and supervision has been technical and managerial measures) and periodic a function and task of water authorities under internal inspections and supervision to ensure both the 1988 and 2002 water laws, with most that the administrative system is functioning as levels of water bureau administration having an expected. Those responsible for inspection and established supervision system and responsible supervision implicitly have rigid and transparent personnel designated. The purpose of this sub- reporting requirements, and their responsibilities system is not to replicate this activity, but to must subject to review and corrections or identify those additions and modifications in the sanctions when not carried out properly. inspection and supervision process necessitated by the ET-based approach to water allocation 127. The organizations responsible for water and administration. 2 rights supervision include the government of Turpan Prefecture, prefecture water bureau, and 4.4.1 Water Rights Supervision Responsibilities the water bureaus of the three counties and other at the Prefecture Level relevant departments. The Turpan Prefectural Administrative Office is responsible for review 126. The prefecture level is responsible for and approval of the comprehensive measures primary water rights supervision as provided for establishing and controlling all the indicators for in the annual allocation plans, quotas subject to supervision. Turpan Prefecture Water 1 Chapter VI of the 2002 Water Law is dedicated to dispute resolution and supervision and inspection of all activities and at all levels affected by the law. Supervision and inspection was a major activity under the 1988 Water Law; therefore, water officials and water users are familiar with the purposes and general processes. In this sub-system, the primary focus is on supervision of the ET-based water rights and their administration by government officials. 2 During the project, the World Bank team will supervise the design, implementation, monitoring and evaluation of the project carried out by the Prefecture with assistance from the Xinjiang Regional Water Bureau. The Prefecture will appoint an external monitoring institute to monitor the environment and resettlements under the project. Supervision of post-project activities and outcomes will be the responsibility of the Regional Water Bureau. As noted in the project agreement, a permanent ET management center will be established for monitoring actual ET and other related work with full time staff and budget allocated by the Prefecture Government 3 This is a simple pyramid institutional approach to water management with the primary responsibility for water management and ET target determination and water allocation at the prefecture level water bureau and the counties, townships and WUAs responsible for ensuring proper allocations and uses based on the ET determination for that area under their jurisdiction. There is no conflict of interest between the prefecture and county water bureaus, nor with townships and WUAs. The primary decisions on water allocation based on disaggregated ET targets for uses within the basin are made at the prefecture level as set out in the water right (permit), and each level below that, including water suppliers where appropriate and water users are obliged to comply and make adjustments based on the monitoring and supervision. Violations will be reported to the Prefecture Water Bureau as provided in the water law, who will make enforcement decisions and ensure they are carried out. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 51 Chapter IV - ET-Based Water Rights Administration System Bureau is primarily responsible for monitoring, as part of the project M&E system under the producing and analyzing ET data and monitoring KMS. Water measuring devices have or must indicators of returned water and for developing be installed at all diversion structures (surface comprehensive measures (including engineering, structures and wells) to provide accurate and technical and managerial measures) for managing timely data on how much water is withdrawn all the indicators within the limits of the allocated from that source. This data also serves as the quotas. The bureau also monitors groundwater basis for the assessment of water resources fees. conditions within the entire prefecture. The Conveyance losses between point of diversion prefecture water bureau reports its activities to and delivery can be calculated from properly the Turpan Prefectural Administrative Office for located and maintained measurement devices. guidance and confirmation. The water bureaus of It can be determined if the losses are within a the three counties are responsible for monitoring reasonable range or if diversion and conveyance the indicators of water withdrawal and delivery improvements are needed. The water bureaus of to water users (WUAs) and on-farm water uses, the three counties are responsible for monitoring and regularly reporting to the prefecture water water use quantities within their respective bureau. jurisdictions and report to the prefecture water bureau on a regular and systematic basis. In 128. Specific to this ET-based water use addition, groundwater observation wells have or allocation approach, different supervision need to be strategically located in the prefecture methods are required to be adopted for different and monitored for water quantity levels and indicators. ET indicators for irrigated agriculture water quality conditions. will be monitored primarily by remote- sensing technology, but reinforced by various 130. Indicators of return flows from measurements of withdrawals and uses and agricultural use may not be monitored by other hydrologic data and field inspections. independently unless at drainage channels from Under the project, Turpan Prefecture Water irrigated lands that serve as the point source Bureau will set up a prefecture ET monitoring for return flows. Otherwise, in the interest of center responsible for monitoring ET and practicality, Turpan Prefecture Water Bureau producing and providing remote-sensing ET will manage and maintain observation wells data for the whole prefecture.1 This data and to monitor the groundwater tables in the three information will be part of the knowledge counties, and periodically test the groundwater management system (KMS) under the project as quality to determine any deterioration from described in the previous chapter, and will be applications of agricultural chemical fertilizers used for analysis of water rights and water uses and pesticides or other contaminants. If declining data and information. groundwater quality is a result of agricultural chemicals, their use and applications need to be 129. A system of water use data and controlled to reduce or eliminate this source of information collection, analysis and reporting pollution. will be implemented consisting of surface and ground water withdrawal and use indicators 1 A detailed practical description of how the ET-based water use will be monitored is to be included under special study No. 1 entitled “Measurement and Monitoring of ET within Turpan Prefecture by Means of Remote Sensing”. The most important role of the remote sensing technology is to monitor ET with and without the project. Once it has been detected that actual ET within the project area in a specified crop field during the growing season is greater than the target ET or the actual ET outside (without) the project area, then the relevant WUA will be informed and requested to revise their irrigation program to reduce their application of water. This will occur even though that would be less than allowable under the permit, as that calculation would be based on the target ET allocated to the WUA from the basin level. 52 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System 4.4.2 Supervision of Water Withdrawals, Uses will also receive the annual reports on water and Water Rights withdrawals and uses from the permit holders. These water bureaus will systematically submit 131. Supervision of water rights under this ET- the monitoring and reporting results to the based system primarily refers to the monitoring prefecture water bureau. The prefecture water and administration of water withdrawal, ET, bureau will be responsible for administration of and waters returned to the system to ensure all water withdrawals, and approve or modify the the indicators are controlled within the limits of plans for the following year submitted by the water rights prescribed by the water withdrawal water withdrawal units and individuals based on permit and water rights certificate. Water the monitoring results. quantity and quality of return flow waters may be independently conducted for agricultural 135. Under the severe conditions of water water uses. scarcity and receding groundwater tables, the prefecture water bureau has the primary 132. The organizations in charge of water rights responsibility for administration of water supervision are Turpan Prefecture Water Bureau, withdrawals and consumptive water uses. They the water bureaus of the three counties and other must ensure compliance with the prefecture relevant departments. At the prefecture level, water allocation and allotment plans, quotas, the water bureau will inspect and supervise valid water rights and TAC. The county level the data and information produced by the ET water bureaus and other involved county offices Monitoring Center and prefecture-wide water will facilitate the supervision and inspection field withdrawal, delivery and consumptive use data work and monitoring activities. and information. The water bureaus of the three counties are to supervise the exercise of water 4.4.3 Supervision of Water Uses and Water Rights rights. 136. Inspection and supervision of water 133. Methods adopted for supervision vary uses and exercise of water user’s water rights according to different water withdrawers and requires joint monitoring and administering of water users. For agricultural water use, mainly water withdrawals and uses. This is necessary water withdrawal quantities and the generated to ensure that water use units and individuals ET are monitored and controlled. ET data will utilize water resources in accordance with the be provided in a unified manner by the ET allocated water rights rations or water use Monitoring Center of Turpan Prefecture Water quotas in order to promote water saving and Bureau and placed on the center’s web site. ultimately achieve total amount control of water Likewise, local water administration departments uses. Water withdrawals and delivery to water monitoring the water withdrawals and water users will be monitored by operable and accurate uses in combination with competent review and measurement devices, whereas remote sensing approval departments administering the water will monitor actual ET, except in greenhouses rights will be implemented. where standardized formulas and coefficients will be applied for the size of the greenhouse, 134. The prefecture water bureau is the type of crops grown, temperature, etc. WUAs are organization responsible for water withdrawal the primary organizations for user’s water rights permit review and approval for all surface water supervision. The WUAs will measure or confirm and groundwater withdrawals. It will delegate the volumes delivered to the farmer household to the water bureaus of the three counties the members and measure or estimate distribution authority to monitor water withdrawals. They consistent with ET calculations. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 53 Chapter IV - ET-Based Water Rights Administration System 4.4.4 Institutional Requirements for Water rights administration, the existing system of Rights Supervision water use planning has to be improved. The water use plans should make clear the quantities 137. In order to ensure that allocated water of water withdrawal, ET, and return flows set by rights are effectively implemented and that the local regions and units. water resources development and utilization is ultimately controlled within the sustainability 139. In Turpan, water use plans should be level and within the limits of allocated water formulated level by level in a “bottom-up” rights indicators, it is necessary to establish or manner and reviewed and approved level strengthen a system of water use planning. This by level in a “top-down” manner. The basic is a work plan for the reasonable arrangement procedures are as follows: of water diversion, delivery, distribution, use and reasonable return flows. When fully and  Water withdrawal units organize water carefully implemented, these plans are the users to prepare their annual water use main means and basis to achieve total amount plans, which will be submitted to the water control of water resources in China. The water withdrawal permission organizations for law provides “The development and planning review and approval; administration departments under the local  Water withdrawal units formulate their people’s governments at or above the county annual water withdrawal plans in accordance level shall, in conjunction with the water with the annual water use plans and submit administration departments at the same level, them to the local water administration determine the amount of water that can be used departments for record and review, after in their administrative regions in accordance which they will be further submitted to the with the water use quotas, the economic and relevant competent water administration technical conditions and the water allocation departments for review and approval; and plans, formulate their annual water use plans  Development and planning administration and exercise total amount control of the annual departments and the water administration water use in their administrative regions.” 1 departments under the local governments of the three counties formulate annual water 138. The Regulations for Administration use plans of their own administrative regions of Water Withdrawal Permission and Water based on the submitted water use plans Resources Fee Collection stipulates “Water and submit them to the next higher level withdrawal review and approval organs shall water administration department or basin issue water withdrawal plans for the next year management organization for review and to water withdrawal units and individuals approval. in conformity with the local regions’ annual water withdrawal plans for the next year 140. The water rights rations and water use and proposed by the water withdrawal units quotas specified in the water allocation plans, and individuals and in accordance with the water withdrawal permits and water rights principles of unified planning and coordination, certificates are the main basis for review and comprehensive balancing and allowing some approval of the water use plans. leeway.” 2 To implement the ET-based water 1 2002 Water Law, Article 47 2 SCD 460 (2006) 54 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System 141. Accurate water use measurement is measurement devices on a regular basis. This fundamental to water rights administration. will provide information on their general status Water use measurements do not mean only and encourage or demand maintenance and measurement of the water withdrawals. In the replacement in a timely manner. This is one of interest of ET-based water rights administration, the conditions for maintaining a water right in ET generation, quantities of water returned good standing. and its quality in addition to the traditional water withdrawal quantities should all be 144. To facilitate water rights supervision in accurately monitored and measured. The Turpan Prefecture, the computerized MES will measurement is aimed at water withdrawal be developed and installed to include water units and regions at various levels as well as diversion and water use measurements. The water users1 .This undoubtedly poses a greater systematic monitoring and reporting of this data challenge to measure the use of water by WUAs and information will be used during inspection and their household members. However, water and supervision to ensure compliance with the withdrawal units and water users are required agreed upon approach and activities or enable to install measurement devices in accordance refinements and corrections to be made. The with the stated technical standards and ensure other primary use of the MES is to provide the the normal operation of these instruments. Water basis for assessing water resources fees and other administration departments are also required charges. For above-quota water uses, progressive to extend and actively promote water use block tariffs are required under the water law measurement devices and monitor and control for administration of water withdrawal and the devices in a real-time manner in accordance included in the water rights indicator system.2 with their supervision responsibilities. Water withdrawal units should withdraw water in accordance with the approved water rights 142. A system of regional boundary cross- certificate and annual water withdrawal plans. section monitoring and groundwater monitoring should be established. At the same time, remote- 145. Water withdrawal quotas must be sensing, GIS and other advanced technological strictly implemented for large water users and tools will be applied to assist in ET monitoring. heavy polluters because over-consumption and Studies should be conducted to establish these groundwater contamination of water resources water rights administration monitoring tools for jeopardizes the groundwater environment. If all levels. Various information and data should progressive block tariff imposition does not be integrated, analyzed and processed to achieve control the over-use or contamination of water comprehensive measurement and administration by these types of water withdrawers and users, of all the water rights indicators. an order should be given to cease and suspend water withdrawals and suspend the good 143. In addition, a system of inspection and standing of the relevant water rights. reporting on measurement devices needs to be established to report on the conditions of the 1 The 2002 Water Law and SCD 460 require that water measurement devices be installed to measure water withdrawals and water uses, and to determine the extent of water resources fees for withdrawals and water charges for supply services rendered to users of water. 2 Articles 7 and 49 of the 2002 Water Law require volumetric water charges for use of water and progressively increased water charge rates for uses of water above the quota. By contrast, Article 28 of SCD 460 (2006) places the fee requirement on withdrawal (not use), and provides that “if the amount of water drawing exceeds the planned amount or quota, the progressive rate of water resources fee shall be applied to the amount of water drawing above the planned amount or quota.” SCD 460 does not mention water charges for the service of supplying water to the users, only payment of water resources fees for withdrawals. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 55 Chapter IV - ET-Based Water Rights Administration System 4.5 Implementation of the ET-Based Water 147. An ET-based WRAS is a systematic Rights Administration System and institutional innovation, which not only establishes a series of supporting rules 146. The proposed WRAS is consistent with and regulations concerning the three sub- and builds upon the current water law and systems (water rights allocations, water rights regulations, organizational arrangements for reallocations/ transfers, and water rights water management, and control by water supervision), but also requires alterations to bureaus at prefecture and county levels and existing provisions and practices. Therefore, through WUAs at the on-farm level. The WRAS Turpan Prefecture must adopt necessary also utilizes (with modification or additions) corresponding policies and regulations to adjust the instruments for establishing water rights— and specify the responsibilities of the relevant the water withdrawal permit, registration, and departments, standardize ET-based water rights certificate forms. However, there are at least six administration for agricultural water uses, areas in which supporting measures will facilitate and establish various institutional practices to implementation of the ET-based Water Rights implement the new approach and ensure the Administration System in Turpan Prefecture. 1 rights and responsibilities of water rights holders. Box 12: Measures to Implement ET-Based Water Rights Administration System 1. Establish complete and sound policies, laws and 4. Improve water savings technology, technical equipment regulations; and data systems; 2. Strengthen organization and leadership; 5. Strengthen management capacity; and, 3. Establish complete and sound planning and plan 6. Strengthen publicity and extension. formulation systems; 148. No change or additions are considered 149. It is also recommended that Xinjiang and necessary to the central water law and Turpan Prefecture adopt specific measures for regulations regarding the WWPS, but a number Turpan basin to: of the measures adopted by the Xinjiang and Turpan governments predate the water law  Link and limit the withdrawal of water to the and implementing regulations. These need to amount of water allocated for consumptive be reviewed and updated; for example the 1994 use (ET) in the served area; measures to implement the water withdrawal  Allocate water for consumptive use of all permit systems and water resources fees system types, but for irrigated agriculture specifically was markedly changed from previous 1993 SCD based on ET calculations, plus reasonable 119 by the 2006 SCD 460. conveyance and application losses and necessary return flow quantity and quality; 1 The intent of the project and particularly the adjustments to the WRAS is not to create any legal or institutional constraints during implementation and the pilot activities do not require any changes in national or regional water laws and regulations, which as noted above, are flexible enough to support the ET based approach that is advocated. However, at the Turpan Prefecture level, and perhaps even with additional regional legislative support, some detailed rules and regulations may need to be revised or added to facilitate implementation throughout the entire prefecture. 56 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter IV - ET-Based Water Rights Administration System  Modify and republish the WWPS forms for 151. Turpan Prefecture will need to set up or water rights allocation to clarify allocation refine a complete and sound planning and plan basis as consumptive use with authorized approval system and develop annual plans for withdrawals based on the consumptive use ET checking and reduction; formulate plans for allocations. It is also necessary to set out more cropping pattern adjustments; prepare plans for precise and realistic conditions and limitations groundwater exploitation reduction; conjunctive of water rights and water sharing during the use of ground and surface waters with alternate crucial period of stabilizing groundwater points of diversion as may be necessary; and tables and ecosystem recovery; ensure strict implement of the adopted plans  Set out procedures for implementing ET based and measures. Implementation of the ET-based WRAS by delegating to Turpan Prefecture Water water rights administration system and the Bureau the primary authority and responsibility other activities under the XTWCP aim to control and to country water bureaus supporting authority groundwater overdraft, mitigate water resources and responsibility for all water allocations, shortages and achieve “real water savings”. To reallocations and transfers and supervision, achieve this successfully and sustainably requires with county water bureaus accountable to the very good planning, operations, management prefecture water bureau, and the prefecture water and administration that can only be improved bureau in turn accountable to the Prefecture and made dynamic via thorough and transparent Administrative Office. The prefecture water supervision, reporting and refining system. bureau is also responsible for setting up, operating Awards are encouraged for accomplishments and and maintaining the KMS and MES with permit punitive measures only applied where intentional and water use data, and all other relevant data attempts or failure to comply with requirements and information to include timely and adequate are determined. The goal of supervision is collection, access and analysis; and improving knowledge and experience in order to  Declare a five-year moratorium in water right improve implementation of the WRAS. reallocations of water through transfers based on water savings practices to enable refinement 152. As an advanced administrative approach, of the ET approach to water allocation and administration of the ET-based water rights stabilization of the groundwater aquifer. system will require many new scientific and technologic tools, practices and facilities. The 150. Implementation of the ET-based water Prefecture Water Bureau needs to strengthen rights approach requires some adjustments and the groundwater monitoring network (includes modifications of the existing administrative inter-agency cooperation and exchanges with system, particularly in the areas of management, relevant bureaus), be well informed of the methodology, and commitment in order to dynamic conditions of groundwater, require pragmatically enhance administrative operations. and extend the use and maintenance of water Turpan Prefectural Administrative Office, prefecture measurement devices, develop and apply water water bureau and the water bureaus of the three rights administration tools, including water counties must strengthen their organizations and rights registry and link the right to divert and leadership and adopt improved engineering, use water with the actual diversions and uses of technical and managerial measures in an integrated water in the basin, set and refine ET targets and manner to effectively ensure the establishment and other water quota requirements, and analyze and sustainable implementation of the ET-based water process the data and information from remote- rights administration system. The performance sensing ET (including water withdrawals and focus is not on compliance with the rules or tasks, uses, and return flows). but on the measurable outcomes or results. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 57 Chapter IV - ET-Based Water Rights Administration System 153. The proposed ET-based water rights administration system places high demands on officials and management staff. They need an in- depth understanding of the ET-based theory and methodology and a strong command of advanced management tools. The Turpan Prefecture Water Bureau and PMO needs to design, implement and enhance capacity building information and training program for water rights administration staff and technical support staff at all levels with long-term and extensive technical trainings on topics relevant to effectively carry out the WRAS and project activities. In addition, WUA leaders should be capable of training their members on water rights, ET management, and monitoring techniques and reporting. 154. The ET-based water rights administration system is a relatively new concept of water resources management in China, although it builds upon existing laws and practices and the international experiences of other countries. For example, in terms of water saving, the concept of “real water savings” transforms the traditional concept to the hydrologic and hydraulic systems and water balance of the basin. Successful and sustainable implementation of the ET-based water rights administration system needs to be recognized by the general public and practiced by water officials and managers at all levels and by agricultural water suppliers and water users. Encouragement to improve efficiencies and water savings by all other withdrawers and users of water is necessary. Implementation of this system in Turpan concerns the immediate interests of all water users and citizens in the prefecture. Therefore, the prefecture must strengthen publicity and extension and make sure that all the water users and the public understand and actively assist in its implementation. 58 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter V - Pilot Plan for ET-Based Water Rights Administration System Chapter V - Pilot Plan for ET-Based Water Rights Administration System 5.1 Background Information and Needs 155. The pilot plan to implement the ET-based water rights administration system focuses on the “administration” of the system, not on the water management technical requirements, activities and feasibilities of the project simultaneously being implemented on a pilot basis in the prefecture. This project is experimental, as is the piloting of all major activities under the project. Hence, a “readiness for implementation” review will be undertaken by the World Bank and project leaders to ensure all measures are in place and can be synchronized with necessary adjustments during implementation.1 Questions regarding what, who and how to administer the new WRAS is the primary focus of testing in this pilot plan (see chapter 4). The form and process of administration will be closely observed and refined as necessary to ensure achievement of the WRAS, proper linkage with other components of the project, and meeting the project objectives in addressing Turpan Prefecture’s water management needs. The pilot plan must conform to the design and framework of the new WRAS set out in chapter 4. New ideas or procedures or repeat of the details of those set out chapter 4 are to be introduced during implementation of this pilot plan. Further, observation and monitoring of even small steps and actions need to be recorded and evaluated to refine the system and its process of implementation in all three sub- systems. 1 The project will develop a check-list and timeline to systematically carry out the “readiness” review of all project pilot activities under all components throughout the project life, including the WRAS piloting. The timeline will allow for necessary “pauses” in project implementation activities to make sure the activities are linked and synchronized (“link and sync monitoring”) and necessary adjustments or settlement of differences are made. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 59 Chapter V - Pilot Plan for ET-Based Water Rights Administration System 156. The proposed framework and design 158. Initially one pilot area was selected that of an ET-based Water Rights Administration represented the “typical” water withdrawal and System for irrigated agriculture in Turpan irrigation systems of the prefecture. However, Prefecture and its one city and two counties upon further review of the project components must be incorporated or integrated into the other and activities, it was decided that the pilot activities under Component 1 and with the other areas for testing the WRAS should be consistent four project components of the World Bank with the project pilot areas at the levels of the funded Xinjiang Turpan Water Conservation prefecture and the two counties and city-county Project.1 The proposed administration system is in order to determine its applicability to the three built upon existing national laws and regulations irrigated agriculture water source types—surface, and implementing measures adopted by groundwater and conjunctive use. It is equally Xinjiang and Turpan Prefectures, and existing important to determine the appropriateness water designed offices and bureaus in Turpan and administrative capability of allocating and Prefecture. Therefore, the new approach is only distributing irrigated agriculture water based on a modification and strengthening of existing consumptive use as determined by ET calculations practices of Turpan Prefecture and the city and and linking those allocations as the basis for water country level water bureaus. withdrawals at the point of diversion. 157. To ascertain that the proposed system 159. The features of this plan are detailed is adaptable and functional in Turpan, and to below. However, the preparation to implement ensure the integration of other project efforts the pilot ET based WRAS in Turpan Prefecture is and outputs where relevant, it is recommended a simultaneous process with the implementation that only the first and third sub-components of the pilot areas for technical matters and to (water rights allocation and supervision) of the determine economic, social and environmental proposed administrative system be initially impacts in the basin. Many of the same leaders tested. These need to be tried, observed and in the governments and relevant bureaus at adjusted as necessary under the needs and prefecture and county levels are involved in conditions of Turpan Prefecture. Currently it is project implementation and testing of the project considered premature to test the second sub- features, including the adjustments in the WRAS system on water rights transfers. As noted in set out in this report. However, there are a the PAD, water transfers and water markets number of issues that need to be addressed in may be established later. However, this partly preparation for the piloting efforts of the WRAS depends on the success and sustainability of to include the following: irrigation water allocated based on consumptive use determined through ET calculations. While  Policies and regulations at prefecture level testing the ET approach and administration to enable implementation of the project, of the system, no transfers should occur. The including the allocation and use of water only exception should be very selective ones for agriculture based on ET determinations when water rights are cancelled or voluntarily and targets and using the aggregate of the relinquished in land retirement from irrigation or consumptive use allowances as the basis for turned-over to the government. the withdrawal of water, impacts on existing 1 The infrastructure and water measurement facilities are critical to the success of this project and will be undertaken through other components of the project. For example, funds from the project and government will be provided to construct or rehabilitate the main and on-farm irrigation works of the project areas and initially the pilot areas. Included in the pilot areas is the use of the intelligent card (IC) system for groundwater withdrawals and total channel control (TCC) system for surface water withdrawals and use for more accurate water measurements. 60 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter V - Pilot Plan for ET-Based Water Rights Administration System water rights (valid permits) and authority of 5.2 Management Organizations the prefecture water bureau to issue temporary water rights (preliminary but valid permits for 160. In order to implement the proposed ET- testing the withdrawal and use of water based based water right administration system in on ET calculations), prescribe the conditions Turpan with the objectives of recovering the and limitations of the new water rights and groundwater tables to the acceptable level, modify or cancel permits as necessary to reestablishing and enhancing the environment accomplish the needs of Turpan Prefecture and ecosystem, and achieving real water water management and project objectives savings, it is necessary to refine or establish  Identification of the farmer water users by orderly organizational and management household and landholdings and command arrangements and processes. The management area distributing water to them—some may and administrative objectives of this pilot are to: already be organized as WUAs, and if not, the common command area farmers may be  Unify leadership at prefecture, county and organized into a WUA township/village levels;  Identification of the point of withdrawal of  Introduce and put into practice the new water and means of conveyance for delivery approaches and technologies, and other of water to these water users/WUAs and activities under the project; require the operator of the withdrawal rights  Ensure a common understanding of the to ensure that the ET allocations relate to the partnership and equality among the three water diverted and measured at the point of key stakeholder groups - water managers, withdrawal and points of delivery water suppliers and water users - each  Modifications to the WWPS forms to with an important and interdependent role accommodate allocation of water to the in addressing the objective of improving WUAs and water user households based upon water management and resolving the water calculated ET amounts and consistent with the problems of Turpan Prefecture; and, quotas and prefecture water allocation plans  Effectively promote coordination, cooperation  Create and link the water rights registry and and collaboration among the relevant local the MES, to include system hydrologic and government agencies and with the farmer/ geo-hydrologic data and measured water irrigator and other water users of the withdrawal, delivery and distribution for prefecture. application, and ensure the availability and accessibility of this data and information to 161. The Turpan government currently prefecture and county water bureaus and follows the historical practice in China in its other relevant bureaus organizational arrangement and those of water  Prepare a training outline that includes and other key bureaus at prefecture and county prefecture and county level water bureaus levels. Units within the prefecture and county and other relevant bureaus, water withdrawal level water bureaus already exist for most of rights holders and water users (WUAs and the key activities that will be carried out under selected households). This training should the new WRAS, such as handling the WWPS, ensure that all stakeholders are aware of WRF, hydrologic and hydraulic planning and the technical, legal, institutional and socio- construction, operational activities and data economic requirements to implement the ET- gathering, inspection and supervision, etc. The based water allocation system and facilitate WB PAD has already prescribed a number of addressing the water management issues of project management organizations at Xinjiang Turpan Prefecture. prefecture and county levels (PMO, PLG, and Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 61 Chapter V - Pilot Plan for ET-Based Water Rights Administration System EG). It is important not to duplicate the tasks and tr ansfer and other management work within responsibilities of the government and project the boundaries of the administrative area after organizational bodies. It is, however, necessary the establishment of the ET-based water right to ensure a structural and procedural system administration system. It is recommended that the to test the proposed framework and design of prefectural executive chief act as the leader of the the WRAS, to determine the gaps, overlaps or group. Other members might include directors of conflicts between existing government and project the prefectural level water bureau, environmental administrative organizations and the proposed protection bureau, agriculture bureau and other WRAS, and to determine ways to address them. relevant departments, executive chiefs of the three counties, water bureau directors of the three 162. Three organizational entities are proposed counties, director of the ET monitoring center, for additions to their current tasks or established: WUA representatives and representatives of other water users.  Turpan Prefectural Administrative Office;  Leading Group for water right system 165. A water rights management office or unit establishment at prefecture level; and in the Turpan Prefecture Water Bureau will need  W a t e r R i g h t s M a n a g e m e n t O f f i c e a t to be trained in moving from the traditional prefecture level. WWPS to a permit system that allocates water based on ET for agriculture and CU for all other 163. Although the Turpan Prefectural users and which links the aggregate amount Administrative Office already exists, it will need of water use allocations to the withdrawal of to exercise primary approval authority over water from the source serving the water users. water resources allocation and supervision within The director of this office should be the director the boundaries of the prefecture in accordance of the prefecture water bureau and the deputy with the water allocations assigned under the directors should be the deputy directors of the water rights allocation plan of Xinjiang Uygur prefecture water bureau and environmental Autonomous Region. This must also be consistent protection bureau. It should be staffed by the with the water rights determined for allocation prefecture water bureau, with a liaison link to the and use in the prefecture according to water environmental protection bureau’s wastewater resources availability and economic and social discharge permit system (WWDPS) and there development demands of Turpan Prefecture. The should also be a link between the agriculture allocation and use of water will be based upon bureau’s tasks regarding cropping patterns the ET calculations for agriculture and reasonable and agronomic matters, and the ET monitoring consumptive use for all other uses. center and water bureaus in the three counties. The office will be specifically responsible for the 164. To assist the Turpan Prefecture water water rights administration system of Turpan bureau consideration should be given to setting Prefecture. In the three counties, 43 WUAs will be up a leading group for water rights system established under the project, and these will be establishment in Turpan. This leading group organized under water user member leadership would be responsible for advising and assisting in and registered with the local civil affairs bureau. organizing, guiding, supervising and coordinating These new WUAs and other existing WUAs in affairs relevant to the water rights system and the prefecture will receive technical guidance pilot area development in accordance with the from the local water bureaus. WUAs will be ET-based water rights administration system. responsible for water right allocation and It would also be responsible for advising on distribution of delivered water to their users organizing, guiding, supervising and coordinating based on the ET requirements, and facilitates the of water rights allocation, supervision and supervision within their command areas. 62 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter V - Pilot Plan for ET-Based Water Rights Administration System 5.3 Selecting Pilot Areas 168. Selection of the specific village and locations needs to be coordinated with the 166. Under the World Bank financed project, project pilot project areas, but in general, it will pilot areas have been selected to establish involve the water bureaus and other relevant and implement the on-farm water savings bureaus of the prefecture and counties to test improvements and correspondingly, to pilot the the water rights administration system. These ET-based water rights administration system. bureaus will be able to implement the WRAS in The criteria for selecting the pilot areas under the a step-by-step manner, creating the framework project is that there will be one pilot area in each and mechanisms for the entire system, but only of the two counties and city level county that testing or piloting them in a smaller selected area. represents the three typical water supply and use Exact details of the pilot implementation plan systems of the prefecture; namely, surface water will evolve with other elements of the project. supply, groundwater supply and conjunctive This will enable adjustments and refinements to use of ground and surface water. The piloted the administration system while providing the areas will have improvements to the delivery flexibility needed to not cause harm or disruption system (lined canals), on-farm water distribution to farmer households outside the pilot areas system (lined distribution channels), and on-farm and to domestic and industrial water users. An water savings application systems (drip, trickle, example of information and analysis of pilot area green houses, etc.). Only where a reliable and selection is provided in annex 6 for Shanshan stable water supply can be assured will WUAs County. be established or improved under the project, as well as improving on-farm distribution and 5.4 Water Rights and Water Allocations application of water to enable the ET targets to be met without causing economic hardship to the 169. Given the current situation, temporary households. water rights will only be allocated for existing agricultural uses. This means that there will 167. For the three counties, Turpan City be only a renewal of existing permits and not is representative of the groundwater supply issuance of new permits except for minor or system, Tuokexun County is representative of urgent water rights allocations for domestic and the surface water supply system, and Shanshan industrial uses. This will be acceptable because County is representative of the more complicated they account for a very small percentage of water application of conjunctive use of surface and use in Turpan Prefecture. Renewal of existing ground waters to meet the ET allocations. water rights, whether for agriculture, domestic/ This is because some farmer households use municipal or industrial uses, will have priority surface water in the early growing season and over new applications for water allocations, and then shift to groundwater withdrawal for the renewed or new water rights certificates will remainder of the growing season. Under the contain the term, conditions and limitations (ET/ project, it is planned that some farmer water CU requirements) for water withdrawal, use and users of groundwater and conjunctive use return flows. will be converted to using only surface water, others to only groundwater, and the remainder 170. In setting up the ET-based water rights will receive water from both surface and allocation management system it is important to underground sources to be used conjunctively in reiterate the six water rights allocation principles an optimum manner as scheduled. described in chapter 4. These principles Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 63 Chapter V - Pilot Plan for ET-Based Water Rights Administration System  Focus on ET management in exercising water  Supervise the water withdrawal units to rights; ensure withdrawals do not exceed allocations  Plan, in a unified and systematic approach, for consumptive water uses; and for all facets of water withdrawal, use,  S u p e r v i s e t h e w a t e r u s e r s ( W U A s ) i n consumption and discharge of return flows; distribution of water to farmer households  Guarantee water users’ rights and interests; according to the ET calculations and targets  Ensure water use for the contracted responsibility farmland; 173. As described in chapter 4, this sub-system  Respect existing water use customs; and covers who supervises, what to supervise,  Guarantee ecological and environmental and how to supervise the exercise of the water water needs. right in accordance with the approved permit and water rights certificate. The county water 5.5 Water Rights Reallocation/Transfers bureaus will appoint qualified supervisors for inspection, supervision and enforcement of 171. Designing, testing and applying a water withdrawals and conveyances, water consumptive use or ET-based approach to distribution and uses in accordance with the ET improving water management and obtaining allocations under that water right, and observe real water savings under the XTWCP is new in if return flows are contributing to surface waters Turpan as well as almost all of China. It requires or groundwater tables and whether there are modifying the existing water withdrawal permit any groundwater quality impacts. During the system by adding CU or ET for allocation and first years of the project, it is anticipated that use of water, limiting water withdrawals to the there will be no major transfers of water rights consumptive use of water, and establishing an from sales or trading to be supervised. This ET-based water rights administration system. should only occur when land is retired from Experience from the World Bank Hai Basin irrigation for which the water rights associated Project in China and in several states in the U.S. with those lands would be terminated or confirms that it takes many years of adjustment, permits for well pumping are cancelled or not refinement and training to make the system renewed. functional and operational. Therefore, as noted above, it would be premature to consider 174. A water use monitoring and reporting systematizing water rights transfers and water system (MES) will be established by the market trading. Some existing permitted uses will prefecture water bureau and implemented at be cancelled or terminated through voluntary all levels of water diversion and conveyance retirement of land from irrigation, and possibly to water delivery and distribution amongst some special cases of water reallocations, but water users. Water suppliers and WUAs will these are not expected to involve extensive water collect water withdrawal and use data within right transfers or necessitate setting up a water their command areas and report it to the rights trading mechanism. county water bureau. The county water bureau will collect the data within its administrative 5.6 Water Rights Supervision boundaries and report it to the prefecture water bureau. 172. The water rights supervision system must be established or strengthened in the pilot areas for at least two categories: 64 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter V - Pilot Plan for ET-Based Water Rights Administration System 175. Water measurement devices will 176. The county water bureaus will take be installed and operated as one of the measures in accordance with the relevant fundamental tools available for supervision. rules for above-quota water withdrawals This is necessary to ensure compliance with the such as restriction on water withdrawals, and valid water rights and ET-based water allocation progressive block tariffs on water resources fees, system. Supervision and inspection will include groundwater resources compensation fees and the installation, operation, and maintenance of water charges. these water measurement devices and read-outs to ensure accurate measurements, recording and 5.7 Establishing Supporting Measures for reporting of the data. It is recommended that Pilot Plan Implementation no water withdrawals and water uses by WUAs and others be allowed for those who have 177. Finally, it is necessary to reiterate the not installed water measurement devices for six recommended supporting measures to withdrawal from the water sources and delivery facilitate plan implementation as listed in box to the outlet/inlet of the water users (WUAs). 12 of chapter 4 and explained thereafter. It is The county water bureau will carry out regular fundamentally important that these measures are inspections of water withdrawals and uses and taken to ensure proper administration of the new report the data as required in the MES. water rights system. Box 12: Supporting Measures to Implement ET-Based Water Rights Administration System 1. Establish complete and sound policies, laws and 4. Improve water savings technology, technical equipment regulations; and data systems; 2. Strengthen organization and leadership; 5. Strengthen management capacity; and, 3. Establish complete and sound planning and plan 6. Strengthen publicity and extension. formulation systems; Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 65 Chapter V - Pilot Plan for ET-Based Water Rights Administration System 66 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter VI - Conclusions Chapter VI – Conclusions 178. This research report sets out a proposed ET-based Water Rights Administration System (WRAS) to complement the technical and other activities under the World Bank funded Xinjiang Turpan Water Conservation Project (XTWCP) in Turpan Prefecture. Water scarcity undermines water security, thereby threatening the society, economy, way of life and potential for development in Turpan. The project was considered essential under Turpan’s severe water shortage, receding groundwater tables, ecosystem degradations and increasing water demands from all sectors. The primary problem was diagnosed as over-consumptive use of water in irrigated agriculture and traced back to the water allocation practices with the water withdrawal permit system (WWPS) implemented under the national water laws. Currently, surface and underground water is allocated based on an authorized diversion of a quantity of water to meet increasing demand for water as long as water is “saved” with the help of modern irrigation technologies. However, this has actually contributed to the serious declining of ground water tables and degradation to the associated eco-environments. Therefore, the present WWPS should be enriched or improved with the concept of real water savings and a new approach for ET-based integrated river basin management proposed to be implemented in Turpan river basin under the XTWCP to resolve the serious issues of degradation of the ecosystem in Turpan river basin. 179. This report sets out the design and framework of an advanced and functional ET-based WRAS based on the concept of and requirements for ET management. It builds upon and is consistent with the 2002 Water Law of the PRC provisions for a water withdrawal permit system and mandate for total withdrawal control of water within basins. Using the current permit system with some Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 67 Chapter VI - Conclusions limited modifications, the new approach to 182. During implementation of the project, water management and administration adds a further research and testing of the proposed critical concept for effective allocation of water design will be piloted to make necessary to irrigated agriculture by applying ET or refinements, adjustments and changes that consumptive use requirements as the basis for will ensure that the proposed framework is allocation, measured by ET target calculations. not just feasible, but practicable and workable The important change is the link and limitation under the conditions and capabilities in Turpan of the right to withdraw water to the ET Prefecture. Pilot testing of the ET-based WRAS is requirements for farmer households of the area to be carried out in all three counties of Turpan served by that diversion. The project aim is that Prefecture as described in chapter 5. The piloting actual ET will be equal to or less than target ET will be in the same locations as the piloting of allocated from the basin level, which will be the other project activities and will be carefully closely monitored and evaluated by using remote implemented and monitored to ensure that each sensing technologies. aspect of the proposed framework of the ET- based water rights administration system can be 180. The ET-based WRAS framework consists carried out, monitored, supervised and enforced. of three sub-systems: allocation, reallocation/ However, due to the critical nature of water transfer, and supervision. It is applicable to problems in Turpan Prefecture, the reallocation surface water and groundwater withdrawals and and transfer sub-system will be limited to uses by all sectors. The focus is on enforcement only transfers resulting from retirement of of ET targets calculated and allocated from irrigated land from cultivation or administrative the river basin level to the largest water user - cancelation or adjustments in water allocations. irrigated agriculture in the Turpan basin - with Therefore, it is recommended that a five-year the concept of “real water savings.” moratorium be established to prevent a rush to transfer water and water rights, or at least 181. The design of the proposed administrative until the ET-based WRAS is functional with system is considered feasible and doable. The demonstrated real water savings. technological capabilities to measure CU or ET through the advanced science of remote sensing 183. The concept of water rights will take on determine how much water is actually necessary a new and expanded meaning under the project or allowable to prevent over-appropriation. to bridge the gap between water planners and This results in “real” water savings and will managers, permit-holding water suppliers, eventually reverse groundwater overdraft and and water users. The new water rights - as a ecosystem deterioration while also being able to right to divert and use water - will specify the shift or reallocate small amounts of needed water term of the water right and the conditions and for domestic and industrial uses. 1 limitations during exercise of the water right. Water users, including those who also withdraw 1 Special Study No. 1 “Measurement and Monitoring of ET within Turpan Prefecture by Means of Remote Sensing” will address the questions of the relationship between remote sensing data provisions and translation into water rights, frequency of evaluation of remote sensing ET scans and how they translate into allocations, which were successfully resolved in the GEF Hai Basin and WCP projects. The most important role of the remote sensing technology is monitoring of ET with and without a new intervention for water saving, and inside and outside the project areas. Once it is detected that actual ET with the project for the specified crop field is greater than the target ET or actual ET outside the project area, the relevant WUA would be informed through the designated administrative system to determine the problems and revise its irrigation plan to further reduce their withdrawals of water according to the new withdrawal permit. 68 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Chapter VI - Conclusions water under a permit, can be assured that their 185. Ultimately, the central question is whether right to use water is protected. All stakeholders or not the project (XTWCP) and specifically the are cognizant of the needs for accurate water ET-based approach will work. Like the often diversion, delivery and distribution as well invisible and slow movement of groundwater, as the crop-water needs calculated in terms of this project and the ET-approach to real water ET, and the importance of accurate and timely saving will not immediately resolve all the shared data and information to assess impacts water problems of Turpan Prefecture. It is and make necessary refinements and adjustment estimated that it will take at least a decade or to improve water management at all levels. more to accomplish a significant slowing of the receding groundwater table, and perhaps only 184. A number of critical issues related to within two decades will the aquifer stabilize successful implementation of the new ET- and the groundwater table overdrafts reverse. based WRAS are expected to be answered Nonetheless, during this time this strategy will by the other special studies and project serve and enhance the social, economic and activities. These include the determination environmental conditions in the prefecture. In of the ecological service requirements of the providing relief to Turpan Prefecture, its water Turpan basin, determination of “reasonable ET resources will be managed and administered in target allocations for irrigated agricultural in an integrated manner to meet the mandate of the Turpan Basin and local farmers as well as for 2002 Water Law for total amount control, as well the large scale farming enterprises, setting the as the needs of its people. government’s policy on retiring farm lands from irrigation.1 Many of these issues will depend 186. The success of this study will depend upon analysis of the M&E reports, particularly upon several factors - how well and how on the issues of increasing degradation of enthusiastically the components of the project ecosystems, which will be made public with the and studies are embraced and implemented; intent that this public knowledge will be valuable how strongly the government supports the for decision-makers. This critical issue will have innovations proposed under the project; and how to be addressed by the Turpan government. The well and for how long these improvements are government will have to provide subsidies as carried out after the project closes.2 However, incentives for water suppliers or agencies that the easiest way to examine the effectiveness will be collecting and paying less water use fees of the new system is through the systematic due to a reduction in withdrawals in an effort monitoring and evaluation system of the key to meet ET targets under their jurisdiction for outcomes within and outside the pilot areas water supply, until water charges collected from of the project. Essentially, the project will be water users cover the cost for O&M of water successful if there is a reduction of consumptive supply. Consideration has to be given to creating use or ET in the pilot areas after several years an incentive for these water suppliers to ensure when compared to areas outside of the pilot, and that they operate efficiently and effectively, if there is an increase in productivity leading to even though many are quasi-government an increase in farmers’ incomes inside the pilot organizations. areas as compared to areas outside the pilot. 1 The target of water allocation is intended to give priority to local farmers according to government policy, with the large farming enterprises encouraged to gradually retire farm lands from irrigation when the their land use contracts expire. Retiring farmland should be accelerated due to enforcement of the surcharge for overdraft of groundwater. 2 The project (XTWCP) has already received strong support from the government through the endorsement of its design and commitment to project implementation. The anticipation of the impact of the project on promoting sustainable use of water resources in Turpan Prefecture is also positive because of the good results from proposed innovations in the previous World Bank’s projects: WCP and GEF Hai Basin Integrated Water and Environment Project. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 69 Chapter VI - Conclusions Clearly, during the project, implementation will have to be carefully scrutinized, monitored and supervised to ensure that the pilot efforts are progressively meeting the demands of the prefecture and its people, and close attention will have to be paid to resolving difficulties that might be encountered. 70 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Annex 1 - Water Law of the People’s Republic of China (Adopted at the 29th Session of Standing Committee of the Ninth National People's Congress On August 29, 2002) Chapter I General Provisions Article 1 . This Law is formulated for the rational development, utilization, saving and protection of water resources, for the prevention and control of water disasters and for the realization of sustainable utilization of water resources in order to meet the needs in national economic and social development. Article 2. This Law must be observed in the development, utilization, saving, protection and management of water resources and in the prevention and control of water disasters within the territory of the People's Republic of China. The "water resources" referred to in this Law includes surface water and groundwater. Article 3. Water resources shall be owned by the state. The ownership of water resources shall be exercised by the State Council on behalf of the state. The waters in the ponds owned by the rural collective economic organizations and in the reservoirs built and managed by the agricultural collective economic organizations shall be used by the respective rural collective economic organizations. Article 4. The development, utilization, saving and protection of water resources and the prevention and control of water disasters shall be carried out by comprehensive planning with all the factors taken into consideration, tackling problems both on the surface and at the root, with emphasis on multi-purposes use and on achieving maximum benefits so as to give full play to the multiple functions of water resources and the coordination of the water used in livelihood, production and business and ecological environment. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 71 Annex 1 - Water Law of the People’s Republic of China Article 5. The people's government at or above Article 10. The state shall encourage and the county level shall strengthen the construction support research, promotion and application of infrastructure works and include it in the plans of advanced science and technology for the of national economic and social development at development, utilization, saving, protection the corresponding level. and management of water resources and for the prevention and control of water disasters. Article 6. The state shall encourage units and individuals to develop and utilize water Article 11. Awards shall be given by the resources in accordance with the Law and people’s governments to units and individuals protect the lawful rights and interests. Units that have made outstanding achievements in the and individuals engaged in development and development, utilization, saving, protection and utilization of water resources shall have the management of water resources, the prevention obligations to protect the water resources in and control of water disasters, and so on. accordance with the Law. Article 12. The state shall exercise a system Article 7. The state shall implement systems o f b a s i n wat e r r e s ou r c e m a n ag e m e nt i n of water withdrawal permit and paid use of conjunction with administrative boundary water water resources with the exception that the resource management. The department of water rural collective economic organizations and administration under the State Council shall be in their members use the waters in their own charge of the unified administration and supervision ponds and reservoirs. The department of water of water resources throughout the country. administration under the State Council shall be in charge of the organization and implementation The basin management agency set up by the of systems of water-drawing licensing and paid department of water administration under the use of water resources throughout the country. State Council on the state designated major rivers and lake(s) (hereinafter referred to as basin Article 8. The state shall strictly carry out water management agency) shall exercise within their saving and devote major efforts to implementing jurisdictions their water resource management water saving measures, popularize new water– and supervision responsibilities as prescribed by saving technologies and processes and develop the laws and administrative statutes and assigned water-saving industry, agriculture, and services, by the department of water administration under and establish a water-saving society. The the State Council. people's governments at various levels shall adopt measures and strengthen the management The departments of water administration of of the economical use of water, set up a system local people's governments at or above the of developing and popularizing water-saving county level shall be responsible for the unified technologies and foster and develop water- management and administration and supervision saving industries. Units and individuals shall of the water resources within the corresponding have the obligations of economical use of water. administrative boundaries in accordance with the prescribed authorities. Article 9. The state shall protect water resources and adopt effective measures to Article 13. Other relevant departments under the preserve natural flora/vegetation, plant trees and State Council shall be responsible for the undertakings grow grass, conserve water sources, prevent and concerning water resource development, utilization, control soil and water losses and water pollution saving, and protection in accordance with the and to improve the ecological environment. responsibilities assigned to them. 72 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Other relevant departments of the local people's The comprehensive plans for river basins, governments at or above the county level shall, regional comprehensive plans and the special in accordance with the duties assigned to them, plans closely related to land utilization shall be in charge of the related undertakings of be coordinated with national economic and development, utilization, saving and protection social development plans and with land of water resources within administrative division utilization overall plans, city overall plans, at corresponding level. and environmental protection plans with consideration for the needs of various regions Chapter II Water Resource Plan Development and trades. Article 14. The state shall formulate a Article 16. Comprehensive scientific research, strategic national water resources master plan. investigations and assessments of water Master plans for development, utilization, resources must be conducted in preparing saving, and protection of water resources and for a master plan. The comprehensive scientific prevention and control of water disasters shall research, investigations and assessments of water be developed in a unified manner based on basin resources shall be organized and carried out by and region boundaries. The plans are divided the department of water administration of the into river basin plans and regional plans. River people’s government at or above the county level basin plans include comprehensive plans for jointly with other departments concerned at the river basins and special plans for river basins. corresponding level. Regional plans include regional comprehensive plans and regional special plans. The people's governments at or above the county level shall strengthen the establishment The "comprehensive plans" mentioned in the of information system of water resources preceding paragraph refers to the general plans and hydrology. The departments of water prepared for the development, utilization, administration and basin management agencies saving and protection of water resources and of the people's governments at or above the the prevention and control of water disasters county level shall strengthen the dynamic according to the needs of economic and social monitoring of water resources. development and in the light of the water resource development and utilization conditions. Basic hydrological data shall be made known to the public in accordance with the relevant The "special plans" mentioned in the preceding stipulations of the state. paragraph refers to plans for the special purposes of flood prevention, water-logging control, Article 17. Comprehensive plans for major irrigation, navigation, water supply, hydropower river basins and lakes designated by the state generation, bamboo or log rafting, fishery, water shall be formulated by the department of water resource protection, soil and water conservation, administration under the State Council jointly sand prevention and control, water saving, and with the relevant departments under the State so on. Council and with the people's governments of relevant provinces, autonomous regions Article 15. The regional plans within the or municipalities directly under the Central basins shall be subordinated to plans for river Government, and shall be submitted to and basins. The special plans shall be subordinated to approved by the State Council. Comprehensive comprehensive plans. plans and regional comprehensive plans for Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 73 Annex 1 - Water Law of the People’s Republic of China other river basins and lakes that cross provinces, in accordance with the relevant provisions of autonomous regions or municipalities shall the Flood Control Law and the Law of Soil and be formulated by the river basin management Water Conservation. agencies concerned jointly with the departments of water administration and other relevant Article 18. The plans shall be strictly carried out departments of the people's governments upon approval. Any amendment to an approved of the provinces, autonomous regions and plan must be approved by the organ that municipalities directly under the Central originally approved the plan in accordance with Government where the rivers and lakes the plan preparation procedures. are located, and shall be submitted to the departments of water administration under Article 19. The building of water projects shall the State Council for verification after they conform to the comprehensive plans for river are reviewed and made comments on by the basins. When a water project is constructed on a people’s governments of the relevant provinces, state-designated major river or lake or a river or autonomous regions, and municipalities directly lake that crosses provinces, autonomous regions, under the Central Government. The department or municipalities directly under the Central of water administration under the State Council Government, the basin management agency shall submit them to the State Council or the concerned shall review it to see whether the department authorized by the State Council construction of the water project is in conformity for approval after soliciting opinions from the to the comprehensive master plan for the river relevant departments under the State Council. basin or not and write comments on it with signature before its feasibility study report is Comprehensive plans and regional comprehensive submitted for approval. plans for the river basins and lakes other than those concerned in the preceding paragraph When a water project is constructed on other shall be formulated by the departments of water rivers and lakes, the department of water administration of the people's governments at or administration of the local people’s government above the county level jointly with the relevant at or above the county level shall review it within departments at the corresponding level and the limits of its management authority to see with the relevant local people's governments whether the construction of the water project is and shall be submitted to and approved by the in conformity to the comprehensive master plan people's governments at the corresponding level for the river basin or not and write comments or other departments authorized by them and on it with signature before its feasibility study (further submitted to the department of water report is submitted for approval. In the case that administration) at the next higher level for the the project to be constructed is concerned with record. flood control, it shall be executed in accordance with the relevant provisions of the Flood Control Special plans shall be formulated by the relevant Law. In the case that the project is concerned departments of the people's governments at or with another region or sector, the execution unit above the county level, and shall be submitted shall solicit opinions from the relevant region to and approved by the people's governments at and department in advance. corresponding level after opinions on them are solicited from the other relevant departments at the corresponding level. Of these, the plans for prevention of floods and for conservation of water and soil shall be prepared and approved 74 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Chapter III Development And Utilization construction project shall be in conformity with of Water Resources the local water resource conditions and with the flood control requirements, which shall be Article 20. In the development and utilization of scientifically justified. In areas where water water resources, the principle of promoting what resources are deficient, the scale of a city and is beneficial and abolishing what is harmful shall the construction of industrial, agricultural, and be stuck to, with consideration for the interests service projects which consume a lot of water between upstream and downstream, between left shall be restricted. bank and right bank, and of the areas concerned, so as to full derive the comprehensive benefits of Article 24. In areas where water resources water resources, and the overall arrangement for are deficient, the state shall encourage the flood control shall be conformed to. collection, development, and utilization of rainwater and brackish water and the Article 21. In the development and utilization utilization and desalination of seawater. of water resources, the demand for domestic water use of urban and rural residents shall be Article 25. The local people's governments met first, with consideration for agricultural, at all levels shall strengthen their leadership industrial, eco- environmental, and navigational of irrigation, water-logging drainage and uses, and so on. conservation of water and soil and promote the development of agricultural production. In areas Full consideration shall be given to the ecological that are prone to salinization-alkalization and environmental need for water in the development water-logging, measures shall be taken to control and utilization of water resources in the arid and and lower the groundwater table. semi-arid areas. Rural collective economic organizations or their Article 22. In the case of inter-basin water members that invest in the construction of water transfer, comprehensive planning and scientific works in accordance with the law on the land justifications shall be conducted with due collectively owned by the economic organizations consideration for water use demand of the basins themselves or on the land contracted by them where water is transferred out and in, so as to shall follow the principle of whoever invests in prevent damages to the eco-environment. the construction manages and benefits and shall manage and use in a rational manner the water Article 23. The local people’s governments at works and the stored water. all levels shall organize in a rational manner the development and comprehensive utilization The construction of reservoirs by the rural of water resources in view of the local water collective economic organizations shall resource conditions, on the principles of unified be approved by the departments of water allocation and development of surface water and administration of the people's governments at or groundwater, tapping new sources of supply and above the county level. reducing consumption with high priority placed on reducing consumption, and sewage treatment Article 26. The state shall encourage the for reuse. development and utilization of hydraulic energy resources. In rivers that are rich in hydraulic The preparation of a national economic and energy, multi-purpose development shall be social development plan and of an overall urban made step by step in a planned manner. development plan and the layout of a major Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 75 Annex 1 - Water Law of the People’s Republic of China In the construction of hydropower stations, The resettlement of inhabitants shall be in step the ecological environment shall be protected, with the project construction. Construction unit and the needs for flood control, water supply, shall take into account the resettlement area irrigation, bamboo and log rafting and fishery, environment capacity and sustainable growth, etc. shall be taken into account. and shall take measures suited to local conditions to formulate the plan for the resettlement of Article 27. The state shall encourage the inhabitants. The plan shall be carried out by local development and utilization of navigation people's governments concerned after approval resources. In the case that a permanent sluice- in accordance with the Law. The funds needed gate or dam is built on a river with a migration for resettlement of inhabitants shall be included passage of aquatic organisms, with navigation, in investment plans for the project. or with bamboo and log rafting, the construction unit shall build concurrently facilities for the Chapter IV Protection of Water Resources, passage of fish, ships and bamboo and log rafts, Water Areas And Water Projects or shall take other remedial measures approved by a department authorized by the State Council Article 30. In the formulation of a water and make appropriate arrangements during resource development and utilization plan the period of construction and impoundment and in the allotment of water resources, the for the protection of aquatic organisms and for department of water administration of the navigation and bamboo and log rafting, the people's government at or above the county expenses incurred from which shall be born by level, the basin management agency, and other the construction unit. department/departments concerned shall take care to maintain the rational river flow, the Where a non-navigable river or man-made rational water level of lakes and reservoirs and waterway becomes navigable after a dam or water table and the natural purification capacity sluice-gate is built, the construction unit shall at of water bodies. the same time build facilities for the passage of ships or reserve sites for such facilities. Article 31. Whoever is engaged in activities of water resource development, utilization, Article 28. No unit and individual shall, when saving, and protection and control of water diverting, storing, or discharging water, infringe disasters shall conform to the approved master upon the public interests or the lawful rights and plan. Whoever causes utility degradation of interests of other people. water bodies of rivers and lakes, groundwater overdraft, land subsidence, and water body Article 29. Where a water project to be built by pollution due to violation of the master plan shall the state requires the resettlement of inhabitants, be responsible for the rectifications). the state shall adopt the policy of developmental resettlement of inhabitants, and shall follow the In the case of groundwater drawdown, water principle of compensation at first half stage and depletion at the source, or land subsidence assistance-support at second half stage, and shall resulting from drainage by desiccation in be responsible for making proper arrangements mining or underground project construction, the for the livelihood and production and for the mining or construction unit shall take remedial protection of the lawful rights and interests of measures and shall compensate for the losses, if the inhabitants to be resettled. any, imposed on others in life and production in accordance with the law. 76 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Article 32. The department of water the corresponding level, submitted to and administration under the State Council jointly approved by the people’s governments at with the environmental protection administrative the corresponding level or the departments department and other concerned departments authorized by them, and further submitted under the State Council and the people's to the departments of water administration governments of the concerned provinces, and environmental protection administrative autonomous regions and municipalities directly departments at the next higher level for the under the Central Government shall work out record. the water functional division plans of the state- designated major rivers and lakes, in accordance The departments of water administration of the with the comprehensive basin plan, the water people’s governments at or above the county resource protection plan and the requirements of level or basin management agencies shall check social and economic development, and submit and define the assimilative capacities of the them to the State Council for approval. The above mentioned water areas in accordance water functional division plans of other rivers with the water quality requirements of the and lakes which cross provinces, autonomous function divisions and the natural purification regions and municipalities directly under the capacity of the water bodies and submit a Central Government shall be worked out by the proposal of total pollutant discharge limitation basin management agencies concerned jointly to the environmental protection administrative with the departments of water administration, departments. environmental protection administrative departments and other concerned departments The departments of water administration of of the people's governments of the provinces, the local people’s governments at or above the autonomous regions and municipalities directly county level and basin management agencies under the Central Government where the shall monitor the water quality conditions of the rivers and lakes are located, and verified by the function divisions, and if it is discovered that department of water administration under the the total discharge of primary pollutants exceeds State Council jointly with the environmental the controlled standard or the water quality protection administrative department under the of a function division fails to meet the utility State Council and submitted to the State Council function requirements of the water area, shall or the department authorized by the State report in good time to the people’s government Council for approval after they are reviewed and concerned for rectification measures and notify made comments on respectively by the people's the environmental protection administrative governments of the concerned provinces, department of the case. autonomous regions and municipalities directly under the Central Government. Article 33. The state shall establish a system of protecting safe drinking water source areas. The The water functional division plans of other people's governments of provinces, autonomous rivers and lakes than those covered in the regions and municipalities directly under the preceding paragraph shall be worked out by the Central Government shall specify their protected departments of water administration of the local drinking water source areas and take measures people’s governments at or above the county to prevent water sources from depletion and level jointly with environmental protection water body pollution to ensure drinking water administrative departments and other concerned safety for the urban and rural residents. departments of the people’s governments at Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 77 Annex 1 - Water Law of the People’s Republic of China Article 34. Sewage outfalls shall be prohibited affecting flow momentum stability, endangering from being set up within a protected drinking the safety of a river bank or levee, or impeding water source area. flood passage is prohibited. The construction, reconstruction or enlargement Article 38. Within a river channel management of a sewage outfall at a river or lake shall be area, construction of a bridge, dock, or any agreed to by the competent department of water other building or structure that bars, crosses or administration or basin management agency, sits beside a river, or installation of a pipeline and the environmental protection administrative or electric power cable that crosses a river shall department shall be responsible for review and conform with the flood control standards and approval of the environmental impact assessment other relevant technical requirements set by report of the construction project. the state, and the project construction plan shall be submitted to the department of water Article 35. In the case that an agricultural administration concerned for review and consent irrigation water source or irrigation or drainage in accordance with the relevant provisions of the works is occupied, or irrigation water or water Flood Control Law. supply source is adversely affected as a result of project construction, the construction unit If any construction as referred to in the preceding shall take corresponding remedial measures and paragraph requires the extension, reconstruction, shall compensate for any loss it may incur in demolition or damage of the original structure, accordance with the law. etc., the construction unit shall bear the expenses of the extension or reconstruction and compensate Article 36. In areas where groundwater is for any loss incurred there from with the exception overdrawn, the local people’s government at or that the original structure, etc. is illegal. above the county level shall take measures to strictly control the mining of groundwater. In Article 39. The state shall exercise a permit areas where groundwater is seriously overdrawn, system for sand extraction in a river course. areas where groundwater mining is prohibited Measures for implementation of the permit or restricted may be specified after the approval system for sand extraction in a river course shall of the people’s government of the province, be formulated by the State Council. autonomous region, or municipality directly under the Central Government. In the case that In the case that sand extraction within a river groundwater is withdrawn in coastal areas, course management area affects the stability of scientific justification shall be conducted and river flow momentum or endangers the safety measures be taken to prevent land subsidence of embankment, the concerned department of and intrusion of seawater. water administration the people’s government at or above county level shall specify and announce Article 37. Discarding or piling any object/ the area where sand extraction is prohibited or objects impedimental to flood passage or time period when sand extraction is prohibited. growing trees or long stalk crops impedimental to flood passage in a river, lake, reservoir, or Article 40. Making a polder from a lake is canal is prohibited. prohibited. In the case that a polder is already made, the lake part shall be recovered by Within a river channel management area, eliminating the polder in a planned manner in construction of a building or structure accordance with the flood control standards set impedimental to flood passage or any activity by the state 78 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Making a polder from a river course is For other water projects than covered in the prohibited. In the event of real necessity, it proceeding paragraph, the project protection shall be scientifically justified, consented to boundaries and responsibilities shall be specified by the department of water administration in accordance with the provisions of the people’s of the people’s government of the province, government of the province, autonomous region, autonomous region or the municipality directly or municipality directly under the Central under the Central Government or by the Government. department of water administration under the State Council, and submitted to the people’s Within the water project protection boundaries, government at the corresponding level for activities such as explosive blasting, well approval. sinking/drilling, quarrying, earth excavating which affect the operation or endanger the safety Article 41. Units and individuals shall have the of the project area prohibited. obligation to protect water projects and may not seize,damage or destroy a levee, bank protection, Chapter V Water Resource Allocation And flood control and hydrological monitoring Water Saring equipment, hydro-geological monitoring equipment, and so on. Article 44. The development planning administrative department and department of Article 42. Local people's government at or water administration under the State Council above the county level shall take measures to shall be responsible for national water resource guarantee the safety of water projects within allocation at the macro level. The mid-and-long- its administrative boundaries, particularly the term water supply and demand master plan for safety of dams, and levees, and to eliminate any the national level and for inter-provincial, inter- dangerous situation within the specified time. autonomous regional, and inter-direct municipal The department of water administration shall level shall be formulated by the department of strengthen the supervision and management of water administration under the State Council the safety of water projects. jointly with other departments concerned, and implemented after review and approval Article 43. The state shall protect water projects. by the development planning administrative Project management and protection boundaries department under the State Council. The local shall be specified for state–owned water projects mid-and-long-term master plans of water in accordance with the provisions of the State supply and demand shall be formulated by the Council. departments of water administration of the local people’s governments at or above the county For projects managed by the department of level jointly with the departments concerned water administration under the State Council at the corresponding level in accordance with or by a basin management agency, the project the mid-and-long-term water supply and management and protection boundaries shall demand master plans of the next higher levels be specified by the competent department or and in the light of the actual local conditions, the basin management agency jointly with and implemented after review and approval the concerned province, autonomous region, by the development planning administrative or municipality directly under the Central departments of the people’s governments at the Government. corresponding level. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 79 Annex 1 - Water Law of the People’s Republic of China The mid-and-long-term master plan of water agencies jointly with the people’s governments supply and demand shall be formulated in of the concerned provinces, autonomous accordance with the water supply and demand regions and municipalities directly under the conditions, national economic and social Central Government, and implemented after development master plans, basin master plans, being submitted to and approved by the State and regional master plans and on the principles Council or the department authorized by the of coordinated supply and demand of water State Council. Water allocation plans and resources, being comprehensively balanced, contingency plans of water allotment for drought ecological protection, strict water saving, and emergencies for other inter-administrative area rational tapping of water supply sources. levels shall be formulated by the departments of water administration of the people’s government Article 45. In regulation and storage of run- common to the concerned administrative off and allocation of water, the water allocation areas at the next higher level jointly with the plans shall be formulated based on the basin, in local people’s governments concerned, and accordance with the basin master plans and the implemented after being submitted to and mid-and-long-term master plan of water supply approved by the people’s governments at the and demand. corresponding levels. A plan for the allocation of water covering The local people's governments concerned must provinces, autonomous regions and carry out the water allocation plans and the municipalities directly under the Central contingency plans of water allotment for drought Government and a preliminary plan for the emergencies after they are approved. regulation of water under the circumstances of urgent droughts shall be formulated by the Construction of water resource development administrative organization consulting with and utilization projects on administrative area relevant people's government of provinces, boundary rivers shall conform to the approved autonomous regions and municipalities directly water allocation plans of the basins concerned under the Central Government, and shall be and be approved by the department of water submitted to and approved by the State Council administrations of the people’s governments at or its authorized department and then be the next higher level common to the concerned implemented. A plan for the allocation of water local people’s governments at or above the covering different administrative divisions and county level or the basin management agencies a preliminary plan for the regulation of water concerned. under the circumstances of urgent droughts shall be formulated after consultation by the Article 46. The department of water department of water administration of the administration of the local people’s governments people's government at the next higher level at or above the county level or the basin and local people's government concerned, management agencies shall draw up annual and shall be executed after being submitted to water allocation plans and water allotment plans and approved by the people's government at in accordance with the approved water allocation corresponding level. (Water allocation plans plans and the predicted annual inflow to carry and contingency plans of water allotment for out water allocation in a unified manner, to drought emergencies for inter-provincial, inter- which the local people’s governments concerned autonomous regional and inter-direct municipal must conform. level shall be formulated by basin management 80 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Annual wat er allocat ion plans for st at e- water withdrawal permit system and system of designated major rivers and lakes shall be paid use of water resources, with the exception included in the annual national economic and that a small amount of water is withdrawn for social development plan of the state. household use, as drinking water for a small number of scattered or pen-fed livestock and Article 47. The state shall adopt a unified poultry, or for other purposes. system of total amount control and quota management for the use of water. Specific measures for implementation of water withdrawal permit system and of collection The concerned line agencies of the people’s and management of water resource fee shall be governments of provinces, autonomous regions, stipulated by the State Council. and municipalities directly under the Central Government shall formulate the water use Article 49. The use of water shall adopt a system quotas for the sectors of their administrative for collecting fees by the volumetric amount and areas. The formulated quotas shall be announced consumption of water above the quota, water by the people’s governments of the provinces, shall be used in a measured manner and in autonomous regions and municipalities directly accordance with the approved water use plan. under the Central Government after they are Volumetric water charge system shall be adopted, submitted to, verified, and consented to by the and progressively increased water prices charged departments of water administration and quality in the case of water use above the quota. supervision and inspection administrative departments at the same level, and shall Article 50. People's governments at all levels be submitted to the department of water shall promote water-saving irrigation methods administration and quality supervision and and water-saving techniques, and take necessary inspection administrative department under the measures of seepage control on agricultural Sate Council for the record. water storage and delivery projects to raise efficiency of agricultural water use. Development and planning departments of the local people’s governments at or above the county level Article 51. Advanced technologies, processes jointly with departments of water administration at and equipment shall be introduced for industrial the corresponding level shall determine the amount water use to increase the number of times of of water that can be used in their administrative recycled water uses and raise the reutilization areas and formulate the annual water use plans in ratio of water. accordance with the water use quotas, economic and technical conditions and the water allocation The state shall gradually eliminate backward, plans, and shall control the total annual water use high water consuming technologies, equipment within their areas. and products, a specific name list of which shall be drawn up and announced by the Article 48. Any unit or individual that comprehensive economy department under the withdraws water resources directly from a river, State Council jointly with the department of water a lake, or underground shall obtain the water administration and other departments concerned withdrawal right by applying for and receiving a under the State Council. Manufacturers, sellers water withdrawal permit from the department of or users in production and business operations water administration or the basin management shall stop manufacturing, selling and using the agency and paying the water resource fee in technologies, equipment and products on the list accordance with the provisions of the state’s within the specified time. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 81 Annex 1 - Water Law of the People’s Republic of China Article 52. Urban people's governments Chapter VI Water Dispute Resolution shall take effective measures suitable to local And Supervision And Inspection For Law conditions to raise domestic water use efficiency Enforcement by popularizing water-saving household facilities and reducing water leakage and losses Article 56. Any water dispute between/among of pipeline networks for urban water supply, and different administrative areas shall be resolved to raise the utilization ratio of recycled sewage through consultations. In the case that resolution water by strengthening concentrated treatment fails through consultations, the dispute shall of municipal sewage and encouraging the use of be decided by the people's government at recycled water. the next higher level, and the decision must be conformed to by all the parties concerned. Article 53. When a project is constructed, Pending the resolution of a water dispute no extended, or reconstructed, a water-saving party may build any project for water drainage, plan of measures shall be laid down to include blockage, withdrawal or cutting-off (storage), construction of water saving facilities. The nor may any party unilaterally change the design, construction, and operation of water- water conditions within a certain area of either saving facilities shall go along with those of the side of the administrative boundary, unless an principal project. agreement is reached between/among the parties concerned or approval is granted by the people's Water supply enterprises or units that own water government at the next higher level. supply facilities shall strengthen the maintenance and management of water supply facilities to Article 57. Any water dispute between/ among reduce leakage and losses of water. units, between/among individuals or between/ among units and individuals shall be resolved Article 54. People's governments at all levels through consultations. In the case that a party shall take active measures to improve the concerned is unwilling to resolve the dispute conditions for drinking water for urban and rural through consultations, or resolution fails through residents. consultations, it may apply for mediation of the local people's government at or above the county Article 55. Anyone who uses water supplied level or the department authorized by the said by a water structure shall pay water charge government or it may file a civil lawsuit in the to the water supply unit in accordance with people's court directly. In the case that the local the provisions of the state. The price of the people’s government at or above the county supplied water shall be determined on the level or the department authorized by the said principles of cost compensation, reasonable government fail in mediation, the party concerned income, good price with good quality, and may file a civil lawsuit in the people's court. equitable cost sharing. Specific measures shall be formulated by the competent price department Pending the resolution of a water dispute, of the people’s government at or above the no party may unilaterally change the water provincial level, jointly with the department conditions. of water administration or other water supply administrative department at the corresponding Article 58. In handling a water dispute, the level in accordance with their functions and people's government at or above the county level or powers. the department authorized by the said government shall have the right to take temporary measures, to which all parties concerned must conform. 82 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China Article 59. The department of water Article 63. In the case that any people's administration of the people's governments at or government at or above the county level or above the county level and basin management any department of water administration of agencies shall strengthen supervision and the people's government at a higher level find inspection, and investigate and prosecute any any department of water administration at or activity in violation of this law in conformity below its own level to engage in malfeasance with legal provisions. or dereliction of duty in its supervision and inspection activities, it shall instruct the said Supervision and inspection officials of water department of water administration to make administration shall strictly adhere to their duties rectification within a prescribed time. and impartially enforce the Law. Chapter VII Legal Liabilities Article 60. In carrying out the supervision and inspection duties prescribed by this law, Article 64. In the case that any department department of water administrations of the of water administration, any other department people’s governments at or above the county concerned, or any water project management level, basin management agencies and their unit or any of its staff members accepts any water administration supervision and inspection article of property or any other benefit from officials shall have the right to take the following any other person/persons by exploiting its/ measures: his/her office, or commits dereliction of duty by issuing a permit to or writing review and (1) to require the unit under inspection to consent comments with signature for any unit produce relevant documents, certificates and or individual that is not legally qualified, failing licenses, and data and information; to distribute water in accordance with the water (2) to require the unit under inspection to give allocation plan, failing to collect water resource explanations of problems with respect to the fee in accordance with relevant state provisions, implementation of this law; failing to carry out its/his/her supervision (3) to enter the production site of the unit under duties, or failing to investigate and prosecute inspection to carry out investigations; and, any illegal activity discovered, which has (4) to instruct the unit under inspection to end serious consequences and constitutes a crime, any activity in violation of this law and investigations shall be made into the criminal fulfill its statutory duties. responsibility of the in-charge person who is held responsible and any other person/persons who Article 61 Units or individuals concerned shall is/are held directly responsible in accordance cooperate with the supervision and inspection with the relevant provisions of the criminal law. officials of water administration in their If the case is not enough for criminal punishment, supervision and inspection and may not reject administrative sanctions shall be taken. or hinder supervision and inspection officials of water administration in their execution of the Article 65. In the case of construction of duties in conformity with legal provisions. a building or structure impedimental to flood passage, or any activity affecting river Article 62. In carrying out supervision and momentum stability, endangering the safety of inspection duties, supervision and inspection a river bank or levee, or impeding flood passage officials of water administration shall show within a river channel management area, the their law enforcement credentials to units or department of water administration of a people’s individuals under inspection. government at or above the county level or the Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 83 Annex 1 - Water Law of the People’s Republic of China basin management agency shall, in accordance agency shall, in accordance with its functions and with its functions and powers, order to stop such powers, order to rectify it within a prescribed illegal acts and demolish the illegally constructed time, plus a fine of between 10,000 RMB yuan building or structure and restore the original and 100,000 RMB yuan depending on the conditions within a prescribed time. In the case seriousness of the case. of failure to demolish the building or structure or to restore the original conditions within the Article 66. In any of the following cases, prescribed time, demolition shall be forced at the concerning which there are no relevant provisions expense of the lawbreaking unit or individual, on in the flood control law, the department of water whom a fine of between 10,000 RMB yuan and administration of a people’s government at or 100,000 RMB yuan shall be imposed. above the county level or the basin management agency shall, in accordance with its functions In the case of construction, without consent of and powers, order to stop the illegal act/acts the department of water administration or basin and remove the obstacle/obstacles or take other management agency, of a water project, bridge, remedial measures within a prescribed time, plus dock, or any other building or structure that a fine of between 10,000 RMB yuan and 500,00 bars, crosses or sits beside a river, or installation RMB yuan shall be imposed: of a pipeline or electric power cable that crosses a river, concerning which there are no (1) Discarding or piling any object/objects relevant provisions in the flood control law, the impedimental to flood passage or growing department of water administration of a people’s trees or long stalk crops impedimental to government at or above the county level or the flood passage in a river, lake, reservoir or basin management agency shall, in accordance canal; with its functions and powers, order to stop (2) Making a polder from a lake or making such illegal acts and go through the overdue a polder from a river channel without formalities within a prescribed time. In the case ratification. of failure to go through the overdue formalities or failure to be approved in going through the Article 67. In the case of building a sewage overdue formalities within the prescribed time, outfall in a protected area of drinking water demolition of the illegally constructed building source, the local people’s government at or or structure within a prescribed time shall be above the county level shall order to demolish ordered. In the case of failure to demolish the it and restore the original conditions within a illegally constructed building or structure within prescribed time. In the case of failure to demolish the prescribed time, the demolition shall be or restore the original conditions within the forced at the expense of the lawbreaking unit or prescribed time, the demolition or restoration individual, on whom a fine of between 10,000 shall be forced, plus a fine of between 50,000 RMB yuan and 100,000 RMB yuan shall be RMB yuan and 100,000 RMB yuan. imposed. In the case of building, rebuilding or enlarging In the case of failure to meet the requirements a sewage outfall in a river or lake without in constructing the works mentioned in the examination and consent of the department of proceeding paragraph in spite of consent of the water administration or the basin management department of water administration or the basin agency, the department of water administration management agency, the department of water of a people’s government at or above the county administration of a people’s government at or level or the basin management agency shall, in above the county level or the basin management accordance with its functions and powers, order 84 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 1 - Water Law of the People’s Republic of China to stop the illegal acts and restore the original Article 71. In the case that water-saving conditions within a prescribed time, plus a fine facilities of a construction project are put in use of between 50,000 RMB yuan and 100,000 RMB in uncompleted conditions or without meeting yuan. the requirements set by the state, the concerned department of a people’s government at or Article 68. In the case of producing, selling above the county level or the basin management or using, in production and business operation agency shall, in accordance with its functions activities, backward and high water-consuming and powers, order to stop the use and rectify it technology, equipment or products that the within a prescribed time, plus a fine of between state has explicitly ordered to abandon, the 50,000 RMB yuan and 100,000 RMB yuan. comprehensive economic department of a local government at or above the county level shall Article 72. In any of the following cases that order to stop the production, sale or use, plus a constitute a crime, investigations shall be made fine of between 20,000 RMB yuan and 100,000 into the criminal responsibility in accordance RMB yuan. with the relevant provisions of the Criminal Law. If the case is not serious enough for criminal Article 69. In any of the following cases, the punishment and there is no provision concerning department of water administration of a people’s it in the flood control law, the department government at or above the county level or the of water administration of a local people’s basin management agency shall, in accordance government at or above the county level or the with its functions and powers, order to stop basin management agency, in accordance with the illegal act/acts and take remedial measures its functions and powers, shall order to stop the within a prescribed time, plus a fine of between illegal act and take remedial measures, plus a 20,000 RMB yuan and 100,000 RMB yuan. In a fine of between 10,000 RMB yuan and 50,000 serious case, the water withdrawal permit shall RMB yuan. In the case of violation of the Public be revoked if: Security Administration Punishment Act, the public security organ shall mete out public (1)  Withdrawing water without ratification; security administration penalty in accordance (2) Withdrawing water without conforming to with the law. In the case of any loss incurred to the rules and conditions set in the approved anybody, the violator shall be responsible for the water withdrawal permit. compensation in accordance with the law: Article 70. In the case of refusing or delaying (1)  Occupying or damaging a water project and to pay or being in arrears with the payment of levee, bank-protection, or other facilities, water resource fee, the department of water or damaging flood control, hydrological administration of a people’s government at or monitoring or hydro-geological monitoring above the county level or the basin management facilities; agency shall, in accordance with its functions (2) Engaging in explosions, well digging, rock and powers, order to pay it within a prescribed mining or earth taking within the framework period In the case of failure to pay it within the of water project protection that adversely prescribed time, an arrear charge calculated affect project operations and endangering starting from the day of delay on the daily basis project safety. of 2% of the belated payment shall be imposed, plus a fine of between one time and five times Article 73. In the case of occupying, stealing the amount of the water resource fee that is owed and/or plundering flood-control materials and/ or should be paid. or other water equipment and/or facilities for Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 85 Annex 1 - Water Law of the People’s Republic of China flood control and water-logged area drainage, on- Article 76. Anyone who diverts, retains or farm water utilization, hydrological monitoring discharges water to the detriment of public and measurement, and so on, and/or embezzling interests or other’s/others' legitimate rights or appropriating funds and/or materials that the and interests shall bear civil responsibility in government allocates for disaster relief, rescue, accordance with the law. flood control, resettlement and its compensation and/or other water works construction, which Article 77. The State Council shall enact constitutes a crime, investigations shall be made administrative sanctions on the violation of the into the criminal responsibility in accordance provisions of Article 39 of this law concerning with relevant provisions of the Criminal Law. permit system of sand extraction in river channel. Article 74. In the case that anyone, when a Chapter VIII Supplementary Provisions water dispute takes place or while it is being handled, stirs up trouble, makes gang fights or Article 78. Where any international treaty or plunders or damages public or private property or agreement relating to international or border rivers illegally restricts the personal freedom of another or lakes, concluded or acceded to by the People’s person/other persons, which constitutes a crime, Republic of China, contains provisions differing investigations shall be made into the criminal from those in the laws of the People's Republic of responsibility in accordance with the relevant China, the provisions of the international treaty or provisions of the Criminal Law. If the case is not agreement shall apply, unless the provisions are serious enough for criminal penalties, the public ones on which the People's Republic of China has security organ shall mete out public security made reservations. control penalty in accordance with the law. Article 79. The "water project" referred to Article 75. In any of the following cases when in this Law includes various projects for the a water dispute takes place between different development, utilization, control, allocation and administrative areas, administrative sanctions protection of water resources in the rivers, lakes shall be taken against the in-charge person and groundwater sources. who is held responsible and any other person/ persons who is/are held directly responsible in Article 80. The development, utilization, accordance with the law: protection and management of seawater shall be exercised in accordance with the provisions of (1) Refusing to implement the water allocation relevant laws. plan or the contingency plan of water allotment; Refusing to conform to unified Article 81. The undertakings for prevention of water allotment; floods shall be exercised in accordance with the (2) Refusing to conform to the decision on a provisions of the Law of Prevention of Floods. dispute made by the people’s government at a higher level; The protection and control of water pollution (3) Before water dispute is resolved unilaterally shall be exercised in accordance with the changing the water conditions, in violation provisions of the Law of Prevention and Control of the provisions of this law, without of Water Pollution. an agreement reached by all the parties concerned or approval of the people’s Article 82. This Law shall come into force as of government at a higher level.) October 1, 2002. 86 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 2 - Regulations1 for Water Withdrawal Permit And Collection and Management of Water Resources Annex 2 - Regulations for Water Withdrawal Permit And Collection and Management of Water Resources Fee State Council Decree of PRC No. 460 Chapter I General Provisiton Article 1 This Regulation is formulated for the purposes of strengthening management and protection of water resources, and promoting the conservation and rational development and utilization of water resources in accordance with the provisions of the Water Law of the People’s Republic of China (referred to as Water Law hereinafter). Article 2 For the purpose of this Regulation, “water drawing” is referred to drawing water directly from rivers, lakes or underground aquifers by using water drawing works or facilities. In order to draw water, any unit or individual shall apply for a water drawing permit and pay water resources fee, except in the cases given in Articles 4. The water drawing works or facilities referred to in the Regulation include sluice, dam, canal, man-made river channel, siphon, pump, well, hydropower station, etc. Article 3 The department of water administration of the people’s government at or above the county level is responsible for the organization and supervision of implementation of the water drawing permit system in accordance with the limits of authority for administration by level. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 87 Annex 2 - Regulations1 for Water Withdrawal Permit And Collection and Management of Water Resources The river basin authorities designated by the department of water administration of local department of water administration under the people’s government at or above the county level State Council for important rivers and lakes as or to the river basin authority for records; the determined by the state are responsible for the water drawing as given in 5 shall be approved organization and supervision of implementation by the department of water administration of the of the water drawing permit system under their people’s government at or above the county level respective jurisdictions in accordance with the or the river basin authority. provisions of the Regulation and authorization by the department of water administration under Article 5 In issuing water permits, domestic the State Council. water use of urban and rural residents shall be satisfied first, and agricultural, industrial, The departments of water administration, ecological and environmental and navigation uses, finance and price administration of the people’s etc shall also be considered and taken care of. government at or above the county level are responsible for the collection, management and The people’s government of province, supervision of water resources fee in accordance autonomous region and municipality directly with the provisions of the Regulation and within under the central government may, within the limits of their authority. the limits of their authority given in the Regulation, specify priority sequence for the Article 4 Application for water drawing permit above-mentioned water uses within the same is not necessary in any of the following cases: river basin or region in the light of site-specific conditions. 1.  Water use of rural economic collectives and their members by drawing water from ponds Article 6 Implementation of the water drawing or reservoirs owned by the collectives; permit system must accord with comprehensive 2. Water drawing of a small amount for water resources plans, comprehensive river household use and for drinking of livestock basin plans, mid to long term water demand and and poultry reared sporadically or in pens; supply plans and water function zoning plans, 3.  Temporary emergency water drawing or and abide by water allocation plans approved in discharge that must be done to guarantee accordance with provisions of the Water Law; if the safety of construction or operation of the water allocation plan has not been formulated, underground engineering such as mines; the water allocation agreement signed between 4.  Temporary emergency water drawing that local people’s governments shall be observed. must be done to prevent or eliminate harms to public security or interests. Article 7 In implementation of the water 5. Temporary emergency water drawing drawing permit system, consideration shall be that must be done to combat drought in given to both surface water and groundwater, agriculture and protect the ecology and and to the principles of combining water supply environment. expansion with water conservation, with priority given to conservation, and combining total The limits of a small amount of water drawing amount control with quota based management. as mentioned in 2 shall be determined by the people’s government of province, autonomous The total amount of water consumption with region and municipality directly under the approved water drawings in a river basin shall central government; the water drawings as not exceed the amount of exploitable water given in 3 and 4 shall be timely reported to the resources in the river basin. 88 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 2 - Regulations1 for Water Withdrawal Permit And Collection and Management of Water Resources The total amount of permitted water drawings in an administrative region shall not exceed the draw able amount of water assigned to the region by the river basin authority or the department of water administration at the next higher level, in which the total amount of permitted groundwater drawings shall not exceed the exploitable amount of groundwater in the region, and shall meet the requirements of the local groundwater development and utilization plan. In formulation of the groundwater development and utilization plan, opinions shall be solicited from the department of land and resources administration. Article 8 The principles of openness, equality, equity, high efficiency and convenience to the people shall be observed in implementation of the systems of water drawing permit and collection and management of water resources fee. Article 9 Any units and individuals have the obligation to conserve and protect water resources. Units and individuals that have made outstanding achievements in the conservation and protection of water resources shall be awarded by the people's government at or above the county level. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 89 Annex 2 - Regulations1 for Water Withdrawal Permit And Collection and Management of Water Resources 90 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 3 - Strengthening Farmer Water User Associations Annex 3 - Strengthening Farmer Water User Associations Ministry of Water Resources National Development & Reform Committee Ministry of Civil Affairs Document Shui Nong [2005] No.502 [Directed to:] Water resources (Water Affairs) bureaus, development & reform committees, pricing bureaus and civil affairs bureaus of provinces, autonomous regions and direct municipalities; (water affairs) bureaus, development & reform committees, pricing bureaus and civil affairs bureaus of independently planned municipalities; water resources bureaus, development & reform committees and civil affairs bureaus of Xinjiang Production and Construction Corps. In line with the essentials of accelerating the reform of property right system for the small sized infrastructures in the rural areas as stipulated in the State Council document (ZhongFa [2005] No.1) entitled “Recommendations of the Central Committee of the Communist Party of China and the State Council on the Policies Concerning the Improvement in Comprehensive Productivity of Agricultural by Further Intensifying Rural Work”, and in accordance with the provisions of ‘Actively fostering farmers’ water user cooperatives’ and ‘Exploring to establish water management system dominated by various rural water use cooperatives’ as stated in the State Council document (GuoFaBan [2002] No.45) ‘Recommendations on Implementing Water Works Management System Reform’, the following directive suggestions on strengthening development of Farmer Water User Associations (hereinafter abbreviated WUAs- noted by the translator) are hereby brought forward with the purposes of further deepening reform of grass-roots level community-based water management system in the rural areas, facilitating virtuous operation of and giving full play to the water works. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 91 Annex 3 - Strengthening Farmer Water User Associations I. Fully Understand the Significance In recent years, many places have been of Strengthening the Development of experimenting and extending participatory Farmer WUAs irrigation management with farmers’ involvement based on their past successful Water resources infrastructures play a very experience in reforming grass-root level mass important role in fighting natural calamities water management organizations and by learning to protect agriculture, improving agricultural and making references to international advanced production conditions, upgrading comprehensive water management methods. Through such agricultural productivity and accelerating explorations, they have obtained a great deal of increase of farmers’ income and development good experience and apparent benefits in raising of rural economy. In the process of reforming farmers’ awareness of democratic management, the construction and management system for building closer relations between water the rural water infrastructures, such approach suppliers and users, improving management of encouraging and guiding the farmers to and maintenance of the on-farm works and organize by themselves on a voluntary base, irrigation and drainage service, promoting conduct mutual aid and cooperation and take water saving, increasing water charge collection responsibilities to construct, manage and ratio, releasing the farmers from unreasonable maintain the rural water from which they burden, and reducing agricultural production directly benefit, can solve the problem of ‘lacking costs and ensuring increase of farmers’ income, main entity’ of collective water management etc. Practice has proven that local governments, organization after rural land was contracted to irrigation district management units and farmers households, and also the problems including all welcome development of Farmer WUAs and that a great deal of small sized on-farm water the reform, and the future direction for irrigation works and in-the-field works below tertiary district management reform is that Farmer canal level in the major and medium, sized WUAs take responsibilities to manage the on- irrigation districts are being utilized but nobody farm irrigation and drainage works. All relevant cares about their maintenance, and the resulted departments and irrigation district management serious aging and damage of those water works. units should further raise understanding, Such approach is needed to cope with the new unify thinking, upgrade consciousness for situation in the rural area where accumulated implementing reform, and adopt practical and labor and compulsory labor contribution effective measure to strengthen and actively system were abolished. It’s also needed to foster and support WUA development. consolidate the achievements obtained through the program of ‘Extending and Completing II. Directive and Basic Principles for Auxiliary Water Works and Implementing Water Strengthening Farmer WUA Development Saving Improvement in the Irrigation Districts (2+1 Program-noted by the translator)’, and to The directives for strengthening Farmer WUA ensure full functions of the water works in the development are as follows: irrigation districts. Strengthening development of WUAs is of great significance to fostering and Taking Deng Xiaoping Theory and “the upgrading awareness and level of farmers’ self- Three Represents” as the guiding thinks and management, clearly defining ownership of rural adhering to “human being first” (human- water works and establishing modern and highly oriented?) and all-around, harmonious and efficient water management and operation sustainable development concept, implementing system. (Household contract responsibility the guidelines and policies by the central system) government concerning the ‘three rural 92 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 3 - Strengthening Farmer Water User Associations problems’ and, through strengthening and Thirdly, realizing self-management with fostering development of Farmer WUAs, solving governmental guidance. Governments at all the long-lasting problems concerning rural levels should strengthen guidance and support to water works management, including “lacking Farmer WUA development and really empower main entity” of rural water management, the water users with part of or all rights to unclear definitions for responsibilities, rights and responsibilities for rural water works and obligations, unsatisfactory efficiency and management. effectiveness, so that farmers can rely on mutual aid and cooperation and collective measures to Fourthly, organizing Farmer WUAs based on self-determine on construction and management farmers’ voluntary participation and mutual of rural water works, thus anti-disaster benefits. Principles of voluntary participation, capacity and management level of rural water democratic discussion and decision-making, infrastructures can be upgraded, water saving mutual benefits should be followed in can be promoted, agricultural comprehensive strengthening, fostering and supporting WUA productivity and farmers’ income can be increased development and, in doing so, governments’ and harmonious development of people, natural exceeding their duties or giving compulsory resources, environment, economy and society orders should be avoided. realized while sustainable agricultural and rural economic development ensured. III. Responsibilities and Tasks of Farmer WUAs The basic principles for strengthening Farmer WUA development are: Farmer WUAs are non-profit social organizations Firstly, giving guidance to various irrigation that are organized through democratic districts based on their local conditions. Specific consultation and agreed upon and established local conditions including habits, current practice, by the majority of water users. As farmers’ own management level and existing problems in the organizations, Farmer WUAs have main bodies irrigation districts should be considered and the formed by beneficiary farmers. Within Farmer direction and principles for water management WUAs, all members have equal status and enjoy system reform should be followed in defining identical rights, responsibilities and obligations. detailed measures to strengthen Farmer WUA The aim of establishing Farmer WUAs is to have development. The method of applying or mutual aid and cooperation, self-management copying one model everywhere mechanically and self-service. or ‘cutting it even at one stroke’ (one size for everything?) disregarding actual local conditions The responsibilities of Farmer WUAs are to serve should not be adopted. the farmers within the associations, seek maximal benefits from the irrigation and drainage Secondly, taking active and reliable measures facilities within the Farmer WUAs’ command and paying attention to effectiveness. Active areas, organize the water users to construct, measures should be taken to supped up the rehabilitate and maintain the irrigation and reform and strengthen, foster and develop drainage works, actively conduct construction of Farmer WUAs. At same time, attention should the on-farm water infrastructures, sign contracts be attached to effectiveness so as to ensure with water supply unit, mitigate conflicts among success and benefits in every place where reform the farmers or between the farmers and the water is implemented, and that experience can be supply unit, collect water charges from the water gradually extended from separate places to a users and pay the water supply unit as per the wider area. contracts. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 93 Annex 3 - Strengthening Farmer Water User Associations The tasks of Farmer WUAs are to construct Secondly, defining a reasonable command area and manage well the rural water works, realize for each of the Farmer WUAs to be established. rational and highly efficient utilization of water In order to facilitate rational water regulating resources, continuously upgrade water use and distribution, organizing engineering efficiency and benefits, provide equal, high quality maintenance in an unified way and improving and highly efficient irrigation drainage service to water use efficiency and benefits, irrigation the local farmers, so as to realize the objectives management boundary of farmer WUAs should of increasing agricultural comprehensive be decided jointly by the local governments, productivity and farmers’ income, developing village committees, water management rural economy and making it prosper, protecting units and farmers’ representatives through and improving eco-environment. consultation, based on the principle of taking into consideration of both river system and canal Within the framework of national laws and system and administrative zoning system as their charters, Farmer WUAs enjoy ownership, well. Size of the farmer WUA to be set up should operational and management rights to the suit its tasks and ensure convenient mutual aid irrigation and drainage facilities within their and cooperation among the water users, while command areas and are subject to policy every effort should be made to obtain lower cost guidance by water administrative (responsible but higher efficiency. water administration agency) and community registration management departments and Thirdly, establishing Farmer WUA charter and professional and technical instructions by management systems. Survey and registration of irrigation district management units. Meanwhile, farmer households should be conducted so that Farmer WUAs have the right to the supervision farmer water user groups can be divided, and over the construction and management of the representatives of the farmer households and irrigation districts and participate in relevant candidates for the executive committee of WUA water-related activities. The relationship can be elected. Then plenary meeting (assembly) between Farmer WUAs and the irrigation district of the representatives of the farmer households management units are of mutual cooperation can be held can executive members of the WUA type in the process of constructing and managing elected, followed by definition of the charter and the water works, and are of buyer-and-sellers management systems and methods, including type in the process of water trading. water supply management, engineering maintenance, water charge collection and IV. Procedures for Establishing Farmer payment and financial management systems and WUAs methods, so that relevant rights, responsibilities and obligations of all parties concerned can Firstly, conducting wide-ranging awareness be made clear. Person in charge of the WUA raising and mobilization activities and organizing should be democratically elected that strictly training courses (at large?). In guiding the follows relevant rules and regulations, so that farmers to organize Farmer WUAs on voluntary capable, impartial people who are enthusiastic bases, the prerequisite is to fully respect farmers’ in promoting public welfare and thus enjoy wishes. Establishment of Farmer WUAs should the trust of the farmers can be elected. Charter be based on the real needs of the local people of WUA and management systems should go and the specific local conditions, with thorough through democratic discussions and then by consideration of the local irrigation and drainage passed by voting. features, and proper approaches should be adopted. 94 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 3 - Strengthening Farmer Water User Associations Fourthly, having the Farmer WUAs registered. procedures, so as to ensure democratic, open, Farmer WUAs should register with the civil effective and standardized operation of the affaires departments of the local governments Farmer WUAs. at county level and are subject to line management by the water administrative Farmer WUAs should establish and complete departments at county level. Line administrative supervision systems. All water-related affairs, departments can entrust the township level financial status and staff engagement should water management units to deal with relevant be open, transparent and subject to supervision management issues on their behalves. by all water users, local government and community. Farmer WUAs should report Conditions and procedures for WUA registration their work to the meeting of representatives follow (the) provisions stated in relevant of the members regularly and set up bulletin documents, including the one issued by the boards at suitable place easy to attract attention MCA entitled ‘Guiding Recommendations on publicizing to the water users water charge Strengthening the Fostering, Development, rate, water use amounts, water charge revenues Registration, and Administration of Rural and expenses, etc. Farmer WUAs should be Specialized Economic Associations’. financially independent and those Farmer WUAs of larger size should establish supervision boards V. Operation and Capacity Building of (auditing committee). Farmer WUAs Consciously finding and training woman key All farmer water users have responsibilities members in the Farmer WUAs should be done and obligations to save water, maintain water so as to give more play to women in the process works and pay water charges. In the process of water users’ participating in irrigation of constructing and managing irrigation and management. drainage works, members of Farmer WUAs should dedicate to public welfare undertakings Farmer WUAs should enhance their capacity while adhering to the principle of fair and building and actively participate in the training reasonable distribution according to work. courses on policies, techniques and operation Subsidy for labor contribution of WUA members that are organized by water administrative should be approved by its executive committee departments and irrigation district units with or plenary meeting of representatives, and the purpose of improving their technical skills reported to the township government and and comprehensive quality, while strengthening irrigation management unit for record. study. Study, training and management of WUA members should be strengthened so as Flexible and diversified operational mechanism to improve operational level and management can be used by the Farmer WUA to manage capability of WUA members. the water works belong to the Farmer WUAs. The water works can be managed by the VI. Truly Create Good (friendly) WUA collectively, or by WUAs entrusting to Environment for Farmer WUA individuals or groups through contracting. Development Farmer WUAs should persist in the principle It is the governments’ responsibility to promote of ‘Farmer operate, farmers manage and farmer management system reform of irrigation and (be) benefited’ and strengthen organization drainage works and create favorable conditions and establishment of internal systems and for Farmer WUA establishment and development. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 95 Annex 3 - Strengthening Farmer Water User Associations All relevant departments should also provide for water users to participate in irrigation policy, financial and professional support to management. Occasions for the water users to Farmer WUA development. Water administration release their opinions and voice their appeals departments at all levels should take initiatives and requests should be provided. For issues in presenting suggestions and recommendations including decision-making on major affairs that on promoting the reform to governments, so as closely relate to the water users, irrigation and to obtain governmental attention and support. drainage project planning, water distribution and Communication and coordination between regulation, water pricing, water charge collection Farmer WUA and other relevant departments, and payment, engineering construction, such as departments of development and reform, management and maintenance, etc., Farmer pricing, financial, civil affairs, agricultural and WUAs’ opinions should be fully heard. policy research, should be enhanced, so that reform of rural grass-root level community water Departments of development and reform, pricing management organizational system can be done and water administration at all levels should well with joint efforts from relevant departments abide by relevant policies issued by the central with different responsibilities. governments to deepen reform of agricultural water pricing and facilitate ascertaining funds Based on summarizing local experiences, sources for WUA operation and management learning from advanced approaches and activities and operation and maintenance of experience in other places, local policies and engineering structures. Overall consideration legislative regulations should be formulated to for all demands and possibilities should be define the nature and tasks of Farmer WUAs conducted so that rehabilitation and completion and responsibilities, rights and obligations of of the irrigation and drainage structures can all parties in relation to irrigation and drainage be gradually arranged into the plans for rural issues, including relevant governmental water works construction, and funds should departments, irrigation district management be raised from all possible sources to support units, etc., so that favorable policy and regulation implementation of the plans, so as to improve environment can be provided to support WUA status (shape) of the on-farm structures. development. Local water administrative departments should take initiatives to actively In the process of developing Farmer WUAs, water communicate and coordinate with the civil affairs administration departments should strengthen departments to do a good job in (of) registering organization and guidance, exercise functions as and managing Farmer WUAs. responsible line agency, enhance supervision and check and establish a complete objective-based Water administrative departments at all levels assessment system. It is also required that plans and irrigation district management units and implementation programs should be worked should ensure information open to public, thus out, while good services in information exchange, providing conditions for Farmer WUAs to technical guidance and financial subsidy should fully play their roles. Training of key members be provided so that difficulties and problems of Farmer WUAs should be strengthened to occurred in the reform can be found and solved upgrade their technical skills and comprehensive in a timely manner. In-depth survey and quality. Good models, achievements and investigations should also be carried out, so that experiences obtained can be used to raise the experience can be summed up and good models social status of Farmer WUAs and extend their can be found for extending to a wider area to impacts, and various practical and feasible promote in an all-around way sound and orderly methods should be adopted to create conditions development of Farmer WUAs. 96 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 4 - Measures of Xinjiang to Implement National Water Law Annex 4 - Measures of Xinjiang to Implement National Water Law Adopted (at the 26th Session of the Standing Committee of the Seventh People’s Congress of Xinjiang Uygur Autonomous Region on May 8, 1992 and revised at the 7th Session of the Standing Committee of the Tenth People’s Congress of Xinjiang Uygur Autonomous Region on December 26, 2003 Status of Effect: valid Organ of Promulgation: the Standing Committee of the People’s Congress of Xinjiang Uygur Autonomous Region Date of Promulgation: May 8, 1992 Date of Implementation: March 1, 2004 Document No.: (No.6) Bulletin of the Standing Committee of the Tenth People’s Congress of Xinjiang Uygur Autonomous Region Chapter I General Provisions Article 1 These measures are formulated in the light of the actual conditions of the region in accordance with the “Water Law of the People’s Republic of China” (hereinafter referred to as the “Water Law”). Article 2 the “Water Law” and these measures must be abided by in the development, utilization, saving, protection and management of water resources and in the prevention and control of water disasters within the administrative area of the autonomous region. The water resources referred to in these measures include surface water and groundwater. Article 3 Water resources are owned by the State. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 97 Annex 4 - Measures of Xinjiang to Implement National Water Law The water withdrawal permit system and Article 6 Other relevant departments of people’s paid use system are implemented in water governments at or above the county level are resources withdrawal and use. Where laws and responsible for the work concerning development, administrative regulations have other provisions, utilization, conser¬vation and protection of water such provisions shall prevail. resources within their administrative areas in accordance with the division of duties. Article 4 People’s governments at or above the county level shall strengthen water infrastructure Article 7 Water administrative departments construction, which shall be included in their of people’s governments at or above the county economic and social development plans at the level and basin management agencies shall same level, and take effective measures for establish a water administration supervision saving and protecting water resources to achieve system to strengthen organizational development sustainable utilization of water resources. for water administration, strengthen supervision of water activities, exercise their statutory duties Article 5 The autonomous region exercises a and keep water affairs in order. system of basin water resources management in combination with administrative boundary water Chapter II Water Resources Planning and resources management and strengthens unified Development and Utilization management and scientific allocation of water resources in the basin. Article 8 A comprehensive water resources master plan for the whole region shall be The water administrative department of the formulated by the autonomous region. autonomous region is responsible for unified management and supervision of water resources Comprehensive basin master plans for important in the whole region; water administrative rivers and lakes determined by the autonomous departments of the autonomous prefectures, region and for inter-prefecture/municipality municipalities (prefectures) and counties (cities) rivers and lakes shall be formulated by the water are responsible for unified management and administrative departments of the autonomous supervision of water resources in accordance region jointly with relevant departments at the with the limits of the specified authorities within same level and people’s governments of relevant their own administrative boundaries. prefectures and municipalities and submitted to the people’s governments of the autonomous The water administrative department of region for approval. the autonomous region may set up basin management agencies on important rivers and Comprehensive basin master plans and regional lakes determined by the region and on inter- (local) comprehensive master plans for other prefecture / Municipality Rivers and lakes. Water rivers and lakes shall be formulated by the water administrative departments of the autonomous administrative departments of the autonomous prefectures and municipalities (prefectures) prefectures, municipalities (prefectures) and may set up basin management agencies on counties (cities) jointly with relevant departments inter W county/city Rivers and lakes. The and relevant local people’s governments at the basin management agencies implement unified same level and submitted, after justification management and supervision of water resources organized by the water administrative departments in accordance with their responsibilities within at the next higher level, to the people’s governments their jurisdictions. at the same level for approval. 98 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 4 - Measures of Xinjiang to Implement National Water Law Special plans for flood control, irrigation, water In areas where eco-environment is fragile and supply, hydropower generation, aquiculture, in basins and areas where there have already water resources protection, water saving, soil been ecological problems of rivers drying up, and water conservation, sand prevention and lakes shrinking, and so on, industrial structures control and so on shall be formulated by relevant shall be adjusted, non-ecological water use shall departments of people’s governments at or above be strictly controlled to increase water use for the county level and submitted, after opinions ecological purpose and land reclamation shall be are solicited from other relevant departments at prohibited. the same level, to the people’s governments at the same level for approval. Such special plans Article 11 When a water project is constructed prepared by water administrative departments on a river or lake, its feasibility study report shall shall first pass justification organized by water be reviewed with signed comments on whether administrative departments at the next higher it conforms with the water resources master level before submission for approval. plan, before its submission for approval, by the water administrative department of the people’s Regional (local) plans within river basins shall government at or above the county level or the conform with the basin plans, and special plans relevant basin management agency in accordance shall conform with their comprehensive plans. with the limits of administration authority specified by the autonomous region. Water resources master plans approved shall be submitted to the water administrative Any construction project which is not reviewed departments at the next higher level for the or is found not conformable with the water record. resources master plan in the review may not be approved by the relevant department. Article 9 Water resources master plans shall be revised in a timely manner and submitted Article 12 People’s governments at or above for approval in accordance with the prescribed the county level shall increase investment to procedures. Once approved, a plan must be strengthen construction of water works for flood strictly implemented. No unit or individual may control, irrigation, power generation, drinking breach it. water supply, ecological use and so on. Article 10 In preparing water resources master In irrigation areas which have already suffered plans and developing and utilizing water from or are prone to salinization-alkalization resources, the proportion of water for ecological and subsurface water-logging, irrigation and purpose shall be determined in the light of the drainage methods shall be improved and eco-environmental conditions and the ecological groundwater table shall be managed to prevent water demand of the basins or the local areas to and control soil salinization-alkalization and maintain reasonable flow in rivers, reasonable subsurface water-logging. water table of groundwater and reasonable water level in lakes so as to protect the eco- Article 13 the autonomous region encourages environment. units and individuals to invest in construction of water works. The principle that “whoever invests will be benefited” shall be adhered to in the construction and management of water works. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 99 Annex 4 - Measures of Xinjiang to Implement National Water Law In the development and utilization of water The water function zone division system shall energy, water areas and other water resources, specify zones for water source protection, zones the persons to have the right to the development for industrial water use, zones for agricultural may be determined by the competent water water use, zones for landscape and tourism water administrative department of the people’s use, zones for ecological water use and so on. government at or above the county level through bidding, auction, listing, trading and so on, Upon its approval, the water function zone under the condition that the water resources division system shall specify the boundaries of master plan and the flood control master plan are the water function zones with marks established. conformed with, and the incomes shall be turned in to the finance bureau. Activities of water resources and water areas development and utilization and pollutant Article 14 In water diversion, groundwater discharge into water bodies shall conform to the mining, water interception (storage), drainage, requirements of the approved water function and construction of other water resources zone division system. development and utilization projects, due attention shall be given to the interests between Article 16 Water administrative departments the upper and the lower reaches, between the of people’s governments at or above the county left and the right banks, and of the various level shall strengthen unified planning for parties concerned. groundwater development and utilization to develop and utilize groundwater rationally and No one party may construct a water resources define groundwater overexploitation areas and development and utilization project on a border exploitation prohibition areas jointly with other river between different administrative areas or relevant departments, which shall be publicized on a transboundary river unilaterally without upon submission to and approval of the people’s consultation and agreement between various governments at the same level. parties concerned and submission to and approval of the water administrative department of the Relevant local people’s governments shall people’s government at the common next higher cut down on groundwater mining in areas of level or the relevant basin management agency. groundwater overexploitation to gradually achieve water balance. In areas of groundwater Chapter III Protection of Water Resources, exploitation prohibition, construction of Water Areas and Water Works groundwater withdrawal works shall be banned within a prescribed time limit and plans for Article 15 Water administrative departments shutdown and alternative water sources shall be of people’s governments at or above the county formulated for existing water withdrawal works. level shall draw up a water function zone division system for the rivers and lakes under Article 17 Construction, reconstruction or their jurisdiction jointly with the environmental expansion of a pollutant discharge outlet on a protection administrative departments and river or lake shall be reviewed and consented by other relevant departments at the same level and the competent water administrative department submit it to the people’s governments at the same or basin management agency. The environmental level for approval and to the water administrative impact assessment report of the construction departments and the environmental protection project shall be reviewed and approved by administrative departments at the next higher the environmental protection administrative level for the record. department. 100 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 4 - Measures of Xinjiang to Implement National Water Law Wastewater and polluted water discharged into 2)  Management boundaries of rivers with rivers, lakes and other water areas shall meet the dikes are the water area, shoal, beach land requirements and stipulated discharge standards (including arable land), flood passage area, of the water function zone division system. dikes and dike protection area between the Competent water administrative departments dikes of the two banks; the width of the dike or basin management agencies shall carry out protection area is the area which extends 20 monitoring and supervision. – 50 meters from the external foot line if the annual runoff is more than 100 million m3 Article 18 In drinking water source protection and 15 – 30 meters if the annual runoff is less zones, construction of pollutant discharge outlets than 100 million m3; or any projects that have nothing to do with 3)  The management and protection water resources protection is prohibited and boundaries of reservoirs, dams, spillways, activities of tourism, sports, entertainment and hydropower stations, canals, key water so on that may affect the quantity and quality of control structures and other water works the drinking water are also prohibited. Relevant shall be defined in accordance with the people’s governments at or above the county specific standards established by the level shall order the demolition of any existing water administrative department and land pollutant discharge outlets or works that do not resources administrative department of the meet the standards. autonomous region. Proposals for defining drinking water source The management and protection boundaries protection zones shall be put forward by of rivers, lakes and water works shall be put relevant departments organized by the people’s forward by relevant water administrative governments at the prefecture, municipal or departments or basin management agencies county (city) level and made public to the society and water works management organizations upon submission to and approval of the people’s upon their surveys and submitted to people’s government of the autonomous region. governments at or above the county level for approval. Article 19 Discharge of garbage and other solid waste matter and disposables into rivers, lakes, Article 21 Construction of bridges, wharfs, reservoirs and canals is prohibited. gates, dams, and other buildings or structures that obstruct, cross, border and go through rivers Article 20 the management and protection or go through dikes and installation of pipelines, boundaries of rivers, lakes and water works shall cables and other construction works shall be determined in accordance with the following conform with the flood control standards and provisions: other relevant requirements stipulated by the state and submitted for the review and consent of 1)   Management boundaries of rivers without competent water administrative departments or dikes are the area within the ridges of the basin management agencies in accordance with banks in the case of rivers with bank ridges the relevant provisions of the flood control law and the area to be covered by water at the before other construction review and approval designed flood level or the highest flood level procedures are gone through. in history in the case of rivers without bank ridges; Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 101 Annex 4 - Measures of Xinjiang to Implement National Water Law Article 22 Tourism development, aquiculture and approval of the development and planning and other business operations by making use department of the autonomous region. of rivers, lakes and other water areas shall be undertaken within areas prescribed by The mid and long-term water supply and competent water administrative departments or demand master plans of the autonomous basin management agencies and measures shall prefectures, municipalities (prefectures) and be taken to treat the waste water, solid waste counties (cities) shall be formulated by the local matter and disposables and other pollutants to water administrative departments jointly with meet the requirements of water function zone other relevant departments at the same level in division system and water resources protection accordance with the mid and long-term water and prevent pollution of water bodies. supply and demand master plans of the next higher level and in the light of the local actual Article 23 the sand extraction permit system is conditions and implemented upon review and implemented for sand extraction in rivers. approval of the development and planning departments of the people’s governments at the Water administrative departments or basin same level. management agencies shall formulate plans for sand extraction in rivers in the light of flood Article 25 Runoff regulations and storage and passage and dike safety in the rivers and specify water allocation shall be conducted in accordance extraction zones, extraction prohibition zones, with the basin master plans and the mid and extraction period and extraction prohibition long-term water supply and demand master period, which shall be publicized. plans and basins shall be used as the units for preparation of water allocation plans. For sand and soil extraction, quarrying, panning and other activities within river Ecological water use shall be reasonably allotted management boundaries, the master plans shall by water allocation plans. Existing water be conformed with and permits shall be applied allocation plans may be adjusted in accordance for, in accordance with the law, to competent with the original approval procedures owing to water administrative departments or basin the need of ecological improvement. management agencies; it shall be handled jointly with other relevant departments by law if the For inter-administrative boundary rivers, water latter are concerned. allocation plans and contingency plans for water allotment under drought emergency conditions Chapter IV Allocation and Economical Use shall be prepared by the water administrative of Water Resources departments at the common next higher level or the relevant basin management agencies jointly Article 24 the development and planning with the relevant local people’s governments and department and water administrative department submitted to the people’s governments at the of the autonomous region are responsible for the same level for approval. macro-level water resources allocation for the whole region. The regional and inter-prefecture/ Article 26 Water administrative departments municipality mid and long-term water supply of people’s governments at or above the and demand master plans shall be formulated county level or basin management agencies by the water administrative department of the shall formulate their annual water allocation autonomous region jointly with other relevant plans and allotment plans in accordance with departments and implemented upon review the approved water allocation plans and the 102 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 4 - Measures of Xinjiang to Implement National Water Law predicted quantities of annual incoming water use units and individuals shall actively apply and implement unified water distribution, which water saving irrigation techniques, adopt water shall be examined. Water allocation shall be cut saving cultivation techniques, and actively down on by two times for those who have used develop water saving agriculture and ecological water beyond the plan. agriculture of high efficiency. The annual water allocation plans and allotment Industries and enterprises shall strengthen plans of the basins must be implemented by technological transformation for water saving, relevant water use units. weed out backward technology and equipment, cut down on water consumption and increase The annual water allocation plans and allotment the rate of water reuse. Water administrative plans of local areas shall be prepared in departments shall organize water use units to accordance with the annual water allocation conduct water balance tests, examine the water plans and allotment plans of the basins. use capacity of enterprises and exploit their potential of water saving. Article 27 Those who withdraw and use water resources directly from rivers, lakes Water saving devices and equipment shall be or underground (including water use for used for public utilities and civil works in urban hydropower and thermal power) shall apply for areas. People’s governments in urban areas water withdrawal permits to water administrative shall take measures to implement wastewater departments of people’s governments at or above reuse and increase the rate of recycled use of the county level or basin management agencies wastewater. and pay water resources fees in accordance with the law. Article 31 Construction, reconstruction or expansion projects that require water Article 28 Construction units that apply for withdrawal shall install supplementary water water withdrawal permits for construction, saving equipment to extend new water saving reconstruction or expansion of construction techniques, equipment, technology and products. projects shall submit water resources justification The water saving equipment shall be designed, reports at the same time. constructed and put in use at the same time as the construction projects. Article 29 Water administrative departments of people’s governments at or above the county Article 32 the water administrative department level shall set their whole society water saving of the autonomous region shall establish water targets for different periods, set up and improve use quotas for sectors jointly with relevant line the water saving system, strengthen leadership departments, which shall be publicized by the in water saving work, develop water saving people’s government of the autonomous region agriculture, industry and services and establish a upon review, verification and consent of the water saving society. quality and technical supervision administrative department. Article 30 Water administrative departments of people’s governments at or above the county Water use plans of units and individuals shall level shall extend water saving irrigation be checked and determined in accordance with techniques with measures taken suited to local the water use quotas. For above-quota or above- conditions and accelerate reconstruction of plan water use, progressive block tariff shall be existing physical works for water saving. Water imposed. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 103 Annex 4 - Measures of Xinjiang to Implement National Water Law Article 33 Water use units and individuals Chapter V Legal Liabilities shall install water measurement devices that conform to the provisions and make sure that Article 36 For water administrative they are in normal operation. If there is no departments or other relevant departments measurement device or the device is not in and water works management units and their normal operation, the quantity of water use may staff, in any of the following circumstances, be calculated in accordance with the maximum administrative penalties shall be imposed on designed capacity of the water use equipment. the executive who is directly responsible and other responsible person/persons; if the offence Article 34 People’s governments at or above constitutes a crime in a serious case, criminal the county level shall adopt water pricing responsibility shall be investigated and dealt with policies that are instrumental in saving water in accordance with the law: resources and protecting the environment. 1)  A permit is issued to, review, comments and When agricultural water supply is transferred consent are signed for or approval is given to municipal and industrial water supply, the to a unit or individual that does not meet the water price shall include additional money statutory requirements; for agricultural water saving compensation, 2)  Water resources fees and other charges are which shall be earmarked for agricultural water collected not in accordance with the rules; saving. The specific rules shall be laid down by 3) Land reclamation is approved in land the finance, pricing and water administrative reclamation prohibition areas in violation of departments of the autonomous region. the rules; 4)  Water is allocated not in accordance with the For agricultural water supply, water distribution water allocation plan or water is supplied for to households, measurement at households and land reclamation in violation of regulations; volumetric charging shall be implemented. 5)  Supervision responsibilities are not exercised or illegal act found is not investigated and Article 35 for water supplied by water works, dealt with; water charges shall be paid to the supplier. In 6) Other acts of power abuse and malpractice for the case of refusal to pay water charges or water selfish purposes. charge arrears without reason, the supplier may stop water supply. Article 37 In the case of discharge of wastewater or polluted water in violation of the Water charges collected by the supplier shall be provisions of Article 17 of these measures, the publicized on a regular basis. No organization, water administrative department of people’s unit or individual may introduce any other government at or above the county level or basin charges on top of the water price. management agency shall order the stop of the illegal act. If no correction is made within the Water charges shall be used mainly for prescribed time limit, the order to demolish the maintenance, operation and management of discharge outlet within a prescribed time limit water works in accordance with the relevant shall be given upon submission to and approval provisions of the state and the autonomous of the people’s government at the same level. If it region and may not be appropriated for any is not demolished within the prescribed time limit, other purposes. demolition shall be forced. The cost of demolition shall be borne by the responsible person who violates the law. 104 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 4 - Measures of Xinjiang to Implement National Water Law measures, the water administrative department of In the case of environmental pollution resulting people’s government at or above the county level from wastewater or polluted water discharge, or basin management agency shall, in accordance the water administrative department or basin with their authority, order the offender to stop management agency shall suggest and request the illegal act and take remedial measures, and that the environmental protection administrative a fine of less than 20 thousand yuan may be department of the local people’s government at imposed. or above the county level mete out penalties in accordance with the law. Article 41 any other act that deserves administrative penalty in violation of the Article 38 In the case of dumping garbage into provisions of these measures shall be punished a river, lake, reservoir, or canal in violation of in accordance with the provisions of the Water the provisions of Article 19 of these measures, Law and other relevant laws and regulations. the water administrative department or basin management agency shall stop it and order Chapter VI Supplementary Provisions the offender to clean it up. If the circumstance is serious and obstructs flood passage, a fine Article 42 these measures shall come into effect between 10 thousand yuan and 50 thousand as of March 1, 2004. yuan may be levied. In the case of pollution of a water body, it shall be suggested and requested (Downloaded from: http://dzzw. that the environmental protection administrative xjdrc.gov.cn/indexpub/article. department deal with it in accordance with the jsp?indexId=XJ0033300200800003) law. Article 39 In the case of tourism development, aquiculture and other business operations beyond the specified water areas in violation of the provisions of Article 22 of these measures, the water administrative department of people’s government at or above the county level or basin management agency shall, in accordance with their authority, order the offender to rectify it within a specified time limit. In the case of no rectification within the prescribed time limit, a fine of less than 20 thousand yuan may be imposed. In the case of pollution of a water body, the environmental protection administrative department of the local people’s government at or above the county level shall handle it in accordance with the law. Article 40 In the case of unauthorized water withdrawal by making a breach on a river or lake and installing a pump or constructing a temporary structure without permission in violation of the provisions of Article 27 of these Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 105 Annex 4 - Measures of Xinjiang to Implement National Water Law 106 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 5 - Circular of Turpan Prefecture for Groundwater Management Annex 5 - Circular of Turpan Prefecture for Groundwater Management TuDiXingBan [2009] People’s governments of all the counties (city) and units directly under the prefecture, “Implementation Measures of Turpan Prefecture for Groundwater Resources Management” have been approved by the Prefectural Administrative Office and is herein issued to you for careful implementation. December 29, 2009 Implementation Measures of Turpan Prefecture For Groundwater Resources Management Water resources are extremely scarce in Turpan Prefecture, which belongs to an area deficient in water resources. With acceleration of new industrialization and urbanization process in the prefecture and continuous increase of population, discrepancy between water resources supply and demand has been more and more serious, becoming a bottleneck that restricts the economic and social development of the prefecture. In order to speed up water saving society development, effectively strengthen groundwater resources management, rationally develop, utilize and protect groundwater resources and institutionalize and standardize the disordered groundwater exploitation in Turpan, it is urgent that the strictest water resources management rules and regulations be implemented to ensure sustainable development of the economy and society. In accordance with “Water Law of the People’s Republic of China”, State Council Decree No. 460, “Regulations for Water Withdrawal Permission and Water Resources Fee Collection Management”, “Regulations of Xinjiang Uygur Autonomous Region for Groundwater Resources Management”, “Measures of Xinjiang Uygur Autonomous Region for Water Resources Fee Collection Management” and other laws and regulations, these measures are formulated in the light of the actual conditions of Turpan Prefecture. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 107 Annex 5 - Circular of Turpan Prefecture for Groundwater Management I. Objectives 3) Adjustment of water use structures shall be intensified to give strong preference Through joint efforts throughout the entire to the secondary and tertiary industries. prefecture, multiple effective measures shall be Water saving industry shall be vigorously taken to accelerate extension of water saving developed, the technology shall be improved, techniques, improve comprehensive utilization water recycles and waste water treatment of water resources, vigorously carry out water and other measures shall be adopted to saving oriented cropping pattern adjustment to raise water reuse and reduce unit water give preference to high water productive sectors, consumption. High energy and water with active support for water saving industry consumption and high polluting enterprises development, in our best endeavor to optimize shall be prohibited from entering Turpan water allocation among various sectors within 10 Prefecture. The development of existing years, reduce agricultural water use by 20%, cut high water consumption and high polluting down groundwater exploitation by 260 million enterprises shall restrict and development of m3 so as to achieve groundwater exploitation and low consumption, low pollution, and high recharge balance, ensure that the irrigation area output value and high productivity industrial is controlled within one million mu, significantly projects shall be stuck to. New, extended and improve water environment in Turpan Prefecture reconstructed projects must adopt advanced and facilitate the sustainable growth of its water saving equipment and water saving economy. technology. Water resources justification for construction projects shall be strengthened II. Principles and management of water withdrawal permits shall be standardized. Development 1) Unified management of surface water and of water saving areas, water saving units and groundwater shall be further strengthened, water saving households shall be accelerated. management of groundwater exploitation by various sectors through unified planning shall 4) The number of pump wells shall be gradually be intensified, water quota based electricity cut down and groundwater exploitation be allocation and groundwater exploitation reduced through high and new technology controlled by electricity allocation and other water saving and structural adjustment in measures shall be implemented so as to agriculture. really achieve total amount control and quota management. III. Measures 2) Cropping pattern adjustment shall intensify. In 2006 Shanshan County and Turpan City were The Principle of “maximizing benefits from identified by the Region and the Prefecture as farmland” and requirements of “good serious groundwater over exploitation area and quality, high efficiency, safety and low groundwater overexploitation area respectively. consumption” shall be adhered to so as to The groundwater situation in Tuokexun County speed up strategic adjustment of agricultural will not be optimistic either. In accordance and rural economic structures. Greenhouses with Article 16 of “Regulations of Xinjiang shall be vigorously developed to raise water Uygur Autonomous Region for Groundwater efficiency in agriculture and significantly Resources Management”, “in areas where increase farmers’ incomes. groundwater exploitation is restricted, the water 108 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 5 - Circular of Turpan Prefecture for Groundwater Management administration departments of the people’s 2) All water users who exploit groundwater governments at and above the county level shall must submit annual water use plans to formulate and issue annual plans for exploitation water administration departments and total to rationally allocate surface and ground water. amount control and quota management Total amount of water withdrawal shall be shall be implemented. Specifically water strictly controlled and groundwater exploitation quota based electricity supply and electricity may not be increased without approval so that controlled groundwater abstraction shall be water exploitation and recharge balance will adopted, i.e. the water quota is converted into be achieved”, Article 17 provides that “in areas electricity quantity, which serves to control where groundwater is overexploited, the water groundwater abstraction so as to achieve administration departments of the people’s ordered management of groundwater. governments at and above the county level shall jointly with other relevant departments set the 3)  All water users that exploit groundwater must targets for groundwater exploitation adjustment install water and electricity measurement and reduction; annual plans for exploitation devices, which shall be taken charge of by and recommendations for distribution of wells electricity departments and paid for by the and adjustment of abstraction aquifers shall water users. be formulated and submitted to the people’s governments at the same level for approval 4) The counties (city) shall establish groundwater and implementation thereafter” and relevant management bureaus (stations) as deputy provisions of other document, measures section chief level institutions, which are are formulated as follows for the purposes funded in full by the finance bureaus. Their of scientific and rational development of staff quotas shall be determined by the groundwater and sustainable development of counties (city) and the staff members are both social and ecological environments in the transferred from among the existing staff. prefecture. If there are not enough people, they can be recruited through open advertisement. Their 1 General provision for management of main responsibilities are (1) to formulate groundwater exploitation groundwater control targets in accordance with the irrigation area and surface water 1)   In accordance with Article 35 of the Water and groundwater conditions of the counties Law of the People’s Republic of China “In (city), check and ratify the total water use the case that an agricultural irrigation water amount and the irrigation quotas of the water source or irrigation or drainage works is users, disseminate the relevant policies to occupied, or irrigation water or water supply the households, and assign water quantity source is adversely affected as a result indicators and electricity quantity indicators of project construction, the construction to the households; (2) to be responsible for unit shall take corresponding remedial annual review of water withdrawal permits measures and shall compensate for any loss of all groundwater users; (3) to supervise it may incur in accordance with the law”, groundwater users' installation of water “groundwater resources compensation fee” measurement devices, check on the normal shall be imposed on groundwater resources operation of the devices, and contact relevant exploiters except the holders of 30 year companies to replace or repair the device contractual responsibility farmland. when there is a technical failure or natural Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 109 Annex 5 - Circular of Turpan Prefecture for Groundwater Management damage; (4) to keep on file information about devices; (6) they shall cooperate with water all groundwater users and be responsible for administrative law enforcement departments management and alteration of the files and when various events in violation of laws and other related matters; (5) to be responsible regulations take place and provide support for providing to electricity departments in dealing with those events; (7) they shall the electricity quantities converted from maintain normal order of electricity supply groundwater abstraction and assign and conduct maintenance and repair of the electricity use quotas to control electricity use devices and equipment under their charge; of groundwater users so that the objectives of and (8) they shall cooperate in disseminating total amount control and quota management these implementation measures. will be achieved; (6) to be responsible for long-term collaboration and communication 6) Water resource fee and groundwater resource with electricity departments, coordinate compensation fee shall be collected by various matters among departments to avoid water departments; and agriculture-related uncontrolled and disordered management groundwater resource compensation fee shall due to unsmooth communication among be collected by electricity departments on departments; (7) to cooperate with water behalf. administrative law enforcement departments in addressing events in violation of laws 2 Management of groundwater exploitation for and regulations and these implementation agriculture measures and resolving disputes; and (8) to assume responsibility for disseminating these 1) For all agricultural production activities implementation measures and providing throughout the prefecture water shall other services. be abstracted in accordance with quotas and specified quantities. The guidance 5) Electricity departments must cooperate irrigation quotas established for water saving closely with groundwater management irrigation in Official Document TuDiXingBan departments in their work: (1) they may [2007] No.10 shall be the ceiling of the not supply electricity to any organization, quotas for agricultural production for the group or individual that has not obtained the whole prefecture. Specific quotas shall be groundwater abstraction permit or in the case determined by the counties (city) in the light of a permit that has not passed the annual of their actual conditions and local crops; but review; (2) they may not supply electricity to they may not exceed the quotas set in Official any groundwater abstractor that has altered Document TuDiXingBan [2007] No.10. the water quantity without approval of the groundwater management bureau (station); 2) Holders of 30 year contractual responsibility (3) they may not supply electricity to any farmlands are exempted from paying groundwater abstractor that withdraws water groundwater resource fees and groundwater below standard or beyond the quota without resource compensation fees if they abstract approval of the groundwater management groundwater below the quotas. bureau (station); (4) they may not supply electricity to any groundwater abstractor 3) With the exception of the holders of 30 year that has not installed water measurement contractual responsibility farmlands, all those devices; (5) they may not supply electricity (including various line agencies, enterprises to any groundwater abstractor that and land reclamation collectives) that intentionally damaged water measurement irrigate farmland for production and abstract 110 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 5 - Circular of Turpan Prefecture for Groundwater Management groundwater below the quotas shall pay principle, for municipal use and greenhouse groundwater resource compensation fees; in construction. Those lands that cannot be the event of groundwater abstraction above abandoned or returned shall be treated in the quotas progressive block tariff shall be the same way as non-30 year contractual levied, where three times the groundwater responsibility farmlands resource compensation fees shall be imposed for the extra quantities if the above-quota 7) Priority shall be given to surface water use abstraction is less than 20% and five times in areas of mixed surface and ground water the groundwater resource compensation fees irrigation; water shortage shall be met by shall be imposed for the extra quantities if the groundwater as a supplementary supply. above-quota abstraction is more than 20%, In the case of above quota groundwater in which cases water resource fees shall be abstraction, water resource compensation collected at the same time. fees and water resource fees shall be imposed in accordance with the rates corresponding to 4) Holders of 30 year contractual responsibility the nature of the farmlands. farmlands who are engaged in agriculture by means of greenhouses are exempted from 3 Management of groundwater exploitation for paying groundwater resource compensation industries fees for their groundwater abstraction. 1) Quotas for industrial groundwater 5) For all those (including various line agencies, exploitation are determined in accordance enterprises and land reclamation collectives) with the sectors to which the industries or that build greenhouses on cultivated lands enterprises belong. If there are already quotas for agriculture, with the exception of the which have been set for certain sectors by the holders of 30 year contractual responsibility regional government those quotas shall be farmlands, irrigation quotas shall be checked followed; otherwise sectoral water use quotas and determined in accordance with the actual set by the relevant line departments under irrigated areas inside the greenhouses; they the State Council shall be referred to or they are exempted from paying groundwater can be determined in accordance with the resource compensation fees if groundwater water balance test results. is abstracted below the quotas; in the case of above-quota groundwater abstraction which 2) All industrial water users must have their is less than 20%, three times the groundwater water withdrawal permits annually reviewed resource compensation fees shall be imposed and submit every year their water abstraction for the extra quantities and five times the plans, which will be reviewed and ratified groundwater resource compensation fees by the groundwater management bureaus shall be imposed for the extra quantities if the (stations), with their water abstraction quotas above-quota abstraction is more than 20%, determined, for implementation of total in which cases water resource fees shall be amount control and quota management. collected at the same time. 3) Existing industries and enterprises with 6) With the exception of the 30 year contractual self-provided wells must pay groundwater responsibility farmlands, the lands farmed resource compensation fees at the same time by various line agencies shall be cleared as they pay groundwater resource fees. In out strictly in accordance with the relevant the event of groundwater abstraction above regional provisions and be reserved, in the quotas progressive block tariff shall Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 111 Annex 5 - Circular of Turpan Prefecture for Groundwater Management be levied. Three times the groundwater classified manner in accordance with existing resource compensation fees shall be imposed laws, regulations and management measures. for the extra quantities if the above-quota abstraction is less than 20% and five times 2) Self-provided wells located in planned urban the groundwater resource compensation fees areas shall be closed down in batches in shall be imposed for the extra quantities if the accordance with “Circular Concerning the above-quota abstraction is more than 20%. Transmission of Recommendations of the Prefecture Water Bureau for Closing down 4) Industries and enterprises to be newly Self-Provided Wells in Planned Urban Areas set up must go through water resources of Turpan Prefecture” (TuDiXingBan [2005] justification and be reviewed and approved No.130). Those that are not closed down shall by water administration departments be treated in the same way as for established before implementation. County and industries and enterprises and water resource city water departments shall first of compensation fees and water resource fees all consider establishing concentrated shall be levied. water supply schemes. In the case that a concentrated water supply scheme is not 3) Kariz systems shall be managed in a classified possible they can consider and review manner. Those that are owned by collectives and approve construction of self-provided and farmers in rural areas shall remain to be wells. After established the industries and managed in the original way; for those that enterprises must pay groundwater resource are not collectively owned and those that are compensation fees at the same time as not used for irrigation of basic farmlands, they pay groundwater resource fees. In the their current conditions shall be maintained event of groundwater abstraction above and they are prohibited from extending the quotas progressive block tariff shall and increasing withdrawal, in which case be levied. Three times the groundwater water resource fees shall be imposed in the resource compensation fees shall be imposed same way as groundwater abstraction in for the extra quantities if the above-quota accordance with rates specified in Official abstraction is less than 20% and five times Document TuDiXingBan [2007] No.10. For the groundwater resource compensation fees Karizes that are used for profit making, water shall be imposed for the extra quantities if the resource fees shall be imposed at the rate above-quota abstraction is more than 20%. equal to 0.5% of the business turnover. 5)  In industry and enterprise sites if 4) Spring water shall remain to be managed groundwater is needed for domestic and in the same manner as the original water tree-planting purposes and so on, water use department measures. quotas shall be allocated for abstraction in accordance with the provisions in Official 5) When the electricity quantity within the Document TuDiXingBan [2007] No.10. groundwater abstraction quotas runs out, the quantity for above-quota progressive 4. For other sectors block tariff may not be bought indefinitely. The maximum limit is 50% of the electricity 1) In the case of groundwater abstraction for quantity for the original quota which may not domestic purposes in urban areas, water be exceeded. abstraction plans must be submitted annually and the management shall be conducted in a 112 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 5 - Circular of Turpan Prefecture for Groundwater Management 6) Alteration to water use quotas which is offender shall also bear the costs of work really necessary due to major adjustment stoppage, device, repair, installation, travel, of cropping pattern, enterprise production communication, and other various expenses: scale, and so on must be approved upon verification through investigation by the  fail to install groundwater abstraction original approval department. measurement devices which are supposed to be installed or fail to install them within the 7) Change of water use method must specified time limit; be reviewed and approved by water  the groundwater abstraction measurement administration departments before water device does not work properly and the user withdrawal. Fees shall be collected in does not inform the relevant department of it accordance to the rate corresponding to that in a timely manner; after the method is changed.  the groundwater abstraction measurement device is tested and found by the quality IV. Measures for accountability, supervision department to work improperly supervision and management or inaccurately and the user does not inform the relevant department of it in good time 1) In the case of intentional dismantle and within the specified time limit; damage of water measurement devices  the groundwater abstraction measurement or modification to and resetting of water device is changed without consent of the measurement devices without authorization, relevant department; which affects the normal operation and accuracy of the devices, a fine between 10,000 3) Anyone who sets up bypass pipe or cable to yuan and 100,000 yuan shall be imposed abstract water or use electricity by avoiding in the light of the seriousness of the case the water meter or electricity meter or in accordance with the relevant provisions steals water in any other way in addition to of the Water Law of the People’s Republic paying the various costs as per the previous of China and Regulations of the People’s provision shall be fined between 20,000 yuan Republic of China for Electric Power Supply and 100,000 yuan for illegal arbitrary water and Use and the offender shall be ordered abstraction in accordance with the Water Law to install measurement devices of accepted of the People’s Republic of China. quality. Intentional destruction or theft of a measurement device shall be dealt with 4) Disciplinary inspection, electric power, in accordance with the law by the public water departments and other supervision security organ. departments at various levels shall jointly supervise the implementation of these 2) Under any of the following circumstances, measures. the water administration department at and above the county level shall determine the 5) Electric power, water administration and water abstraction and electricity use quantities other departments shall cooperate with each in accordance with the maximum abstraction other to ensure the implementation of these capacity and the earliest and longest measures. continuous time and accordingly collect groundwater resource fee, groundwater 6) All pump well users for groundwater resource compensation fee and progressive exploitation for industrial and agricultural block tariff for the above-quota quantity. The production throughout the prefecture must Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 113 Annex 5 - Circular of Turpan Prefecture for Groundwater Management strictly abide by these implementation V. The rates of groundwater resource measures. Water administration supervision compensation fees shall be set by the departments shall make selective inspections counties (city) in the light of their on a irregular basis. If any falsification is respective actualities. found it shall be seriously dealt with in accordance with the relevant laws and VI. These measures apply to all regulations. In the event of a serious case, the groundwater exploiters and users in water withdrawal permit shall be revoked. industry, agriculture and any other sectors throughout the prefecture 7) Any staff member who operates in collusion with user/users in violation of regulations VII. The counties (city) may formulate during implementation of these measures, detailed rules for implementation of once discovered, shall be seriously dealt these measures in the light of their actual with. In the event of a serious case, the staff conditions concerned shall be dismissed or punished by transferring him/her to the judicial authorities. VIII. These measures shall come into effect as of the date of their promulgation 8) Water resource fees paid by all the groundwater users throughout the prefecture IX. The prefecture water bureau is shall be collected and managed in accordance responsible for interpretation of these with the relevant provisions in “Circular measures Concerning the Issuance of Measures of the Turpan Prefecture for Groundwater Resource Fee Collection and Management” Key words: water, water saving, measures, circular (TuDiXingBan [2007] No.10)” Cc: Office of Prefecture Party Committee, Office of Work Committee of the People’s Congress and 9)  The groundwater resource fees collected Office of Work Committee of the People’s Political (including those collected by the electricity Consultative Conference. departments on behalf) under these measures Turpan Prefecture Administrative Office issued on shall be submitted in full on a monthly basis December 29, 2009 to the finance bureaus at the same level, which shall arrange for the funds to be used mainly for water saving projects and Note: These measures appear complete and preparations for other water projects. The implementable. However, the measures do not money may not be appropriated for any other refer to “water allocation based on calculated purpose. consumptive use or ET (even though 02WL uses the terms “consumptive use” and “beneficial use”). 10) Audit offices at various levels shall conduct Important is the capability of the implementing annual audit of the groundwater resource agencies at local level, their enthusiastic support compensation fees collected by the electricity of developing a partnership relationship with the departments on behalf. water users (suppliers and users), and emphasis on the importance of adequate, timely and accessible data and information – to all stakeholders to insure transparency and accountability. 114 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 6 - Shanshan County Pilot of ET-based WRAS Annex 6 - Shanshan County Pilot of ET-based WRAS 1. Shanshan County is located in the east part of Turpan Prefecture, Xinjiang and covers an area of 35,000 km2. Under it there are five towns, four townships, one ethnic minority township and one horticulture farm, comprising 68 administrative villages and 348 natural villages. The county is a low-lying area surrounded by mountains. With annual average precipitation of approximately 16 mm, its evaporation exceeds 3,600 mm, a typical region of water resources scarcity. Within the boundaries of the prefecture, there are mainly three rivers (Kekeya River, Kan’erqi River and Ertanggou River); the surface water resources available amount to about 129 million m 3, with some 194 million m 3 of groundwater resources exploitable. 2. In 2008, Shanshan County had a population of 220 thousand, 68% of which were farmers and 71.4% belonged to ethnic minority groups (mainly Uygur). Around two thirds of the people are engaged in irrigated agriculture. The irrigation is by surface water and pump wells plus Kariz systems. The total water use of the county in 2008 reached 550 million m3, 96% of which was for agriculture and groundwater was overexploited by 230 million m3. 3. According to the data of the second detailed land survey, there is altogether an area of 656 thousand mu irrigated land, including 304 thousand mu basic farmland (i.e. contracted 30 year responsibility land), 146 thousand mu land (with land development certificates and land use certificates, roughly half of which are for organizations and the other half for individuals) permitted and registered for development in accordance with relevant policies and provisions (policy for western development and various other policies for promoting economic development and so on), 79 thousand mu Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 115 Annex 6 - Shanshan County Pilot of ET-based WRAS windbreak and sand control woodland land metals, such as gold, copper, iron, coal, crystal, and 127 thousand mu land reclaimed without mirabilite as well as significant amounts of permission. During the twelve years from 1986 to petroleum and natural gas which makes it one 1998 the irrigated area increased by 80 thousand of the main oil and natural gas fields of Tuha Oil mu and from 1998 to 2004 the area expanded Company. by 230 thousand mu. In 2005, Shanshan County began banning land reclamation and well drilling 7. In 2008, the total water use in Shanshan for irrigation. County was 550 million m3, of which agriculture used 530 million m3, accounting for 96% of the 4. Currently, grapes are the main crop in total water withdrawn and used. Groundwater agricultural production of Shanshan County. In was overexploited by approximately 230 million 2007 wheat completely dropped out, and in 2009 m 3. Mandating that groundwater is not to be the area of grape growing reached 167 thousand overexploited, the total water use for agriculture mu. Under the exothermic natural conditions in could be 300 million m 3 at most. The county Shanshan, grapes and other main crops consume has an irrigated area of 656 thousand mu, a lot of water so that the irrigation quota is high, including 383 thousand mu of basic farmland ranging from 800 to 1,600 m3/mu depending on and windbreak and sand control woodland, the soil texture. The quota is 800 m3/ mu under which accounts for 58% of the total. Without water saving irrigation. This demands substantial considering the unevenness of water use, the amount of water and undoubtedly exacerbates water use would have come to about 310 million the strain on water resources in Shanshan m 3, which approximates the amount of water County. usable for agriculture in 2008. Therefore, it could be estimated that after some water is reserved 5. Qiketai Town is located 31.5 km east of the and some water saving measures are taken, county seat of Shanshan County and covers a it is possible to effectively reduce and control total area of 3,792 km2. There are 8 administrative groundwater overdraft by allocating water rights villages, one livestock brigade and 33 natural in Shanshan County above the firm guarantee of villages under the town. Six of the administrative water uses for the basic farmlands and ecological villages belong to Kan’erqi Basin and the other and environmental woodland. two belong to Kekeya Basin. Its total population is 14,000, comprising mainly Uygur (46%), Han 8. This is a simple, straight-forward linear (42%) and Hui (12%) ethnic groups. With a total calculation, but it does not take into account area of 28,700 mu farmland, Qiketai produces the reality of return flow impacts and assumes cotton, grape and Hami melon (sort of honeydew the return to some past groundwater table melon - translator). Of these cotton (long fiber level without calculating a “safe yield” (or cotton) is the major crop, with a long history, and sustainable yield as preferred by some water Qiketai Town is an important cotton production experts) groundwater table level of the base of Turpan. apparently unconfined or phreatic aquifer. This determined level should reflect the amount of groundwater that can be withdrawn taking into 6. In this town, there are altogether 151 account recharge and eco-environmental needs pump wells, 22 working Kariz systems, and which groundwater management concept for 90 vegetable greenhouses. A total of 4,300 mu withdrawals is similar to the “minimum flow” farmland has been returned (given up) over the levels of surface water rivers and lakes to protect past two years. Qiketai is very rich in mineral existing downstream users, public interests deposits including a number of nonferrous in non-allocated or water permitted/licensed 116 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 6 - Shanshan County Pilot of ET-based WRAS uses (such as fishing, boating, recreating, etc.) should be supplied. For example, in the first few and the eco-aquatic environment. The setting years of ET-based water right management water aside of water from allocation to be “reserved” users may find it difficult to change their way of or dedicated to public interests is not a “water water use, which will result in more on-farm ET right” in China; it is a water quantity withdrawn than the permitted or targeted ET. To guarantee from allocation (set out in prefecture water the users’ rights and interests of these special master plan and allocation plan) to maintain demands, additional water might be allowed in minimum flows and groundwater tables, above the water withdrawal right allocation.1 the recharge from withdrawal and irrigated agriculture losses (return flows). To be successful 11. Although the pilot location for trying the ET or consumptive use degree of accuracy out the proposed water rights administration applied to ET measurements has to likewise be system based on the ET approach is suggested applied to other features of the water use system; to focus on Qiketai Town, Shanshan County, a fine measurement here and a rough estimate it is recommended that a plan and procedures there will not gain acceptance, credibility or for water right allocations be formulated for the sustainability. entire county: 9. The right to use water for irrigated  First, in the light of the economic and social agriculture is based on the ET calculated needs development needs of Shanshan, the total for that locale and use, and the ET target for that ET and ET quota of the county (total ET = ET same area is the indicator applied for accounting quota × area) needs to be worked out through and refinement of delivered water. consultation with the stakeholders, based on the baseline survey of the whole area, and 10. Consideration should also be given to a be submitted to Turpan Water Bureau for certain amount of supplementary water and approval special demand of specific crops in the process  Second, in accordance with the county’s total of setting the ET for withdrawal and use under ET and ET quota/target and current water the water right. It may take several years to use of different sectors and future water improve the diversion and delivery systems to demand and environmental and ecological a more highly efficient level that would reduce water demand needs to be approved by conveyance losses to reasonable limits even Turpan Prefecture Water Bureau. though such losses normally result in return  Third, based on the water use quota publicized flows to surface and ground water systems, but by Xinjiang Uygur Autonomous Region, increase the water resources fees paid and may Shanshan County will work out its own water create expectations in water users of greater use quota, which will be submitted to the amounts of water available but not deliverable. prefecture water administrative department And under some conditions, irrigation farmers and the administrative department for need more water than allocated due to soil approval and quality supervision and conditions, crops grown and climate and weather inspection, which after prefecture consent conditions. In order to allow sufficient time for would be publicized by Shanshan County them to adjust their irrigation schedules and Government. practice, some temporary supplementary water 1 Special demand means the extra amount of water needed by crops in their growing period in addition to the basic amount allocated and the allowed water conveyance loss, such as more water needed for protection of grape from frost, potato rinsing, high-yield forage, and so on. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 117 Annex 6 - Shanshan County Pilot of ET-based WRAS  Fourth, in accordance with the total ET for 13. Once the water withdrawal permits and agriculture, water withdrawal, farmland water rights certificates have been issued or conditions, agricultural irrigation quota and renewed with stated conditions and limitations, so on of Shanshan County, and the irrigation the next task is for the water suppliers and water area control target identified, objectives for users to prepare and sign Water Supply and Fee cropping pattern optimization of all the Payment Contracts. towns and townships and WUAs, a plan for pump well closing down and groundwater 14. Priority will be given to ensuring water abstraction reduction will be developed. use for needs of basic farmland, windbreaks and  Fifth, under the leadership of Turpan sand control woodlands. The agreements will Prefecture Water Bureau, Shanshan County provide the total ET, ET quota and target for Water Bureau will specifically allocate the that user (WUA), total water supply, mode of total agricultural ET to the water withdrawal water supply, water supply probability, uses of units of Qiketai Town based on the area the water supplied, irrigation quota, cropping of farmland to be served, soil conditions pattern, relevant rights and obligations of the and normal cropping patterns, so that the supplier and water users, etc. Of these, quantity volumes of water for use can be allotted to of water supplied, ET quota, total ET, water the individual water users or WUAs. This supply probability, irrigation quota, cropping water withdrawal and use plan for Shanshan pattern and so on will be based on the type County will be prepared and submitted to and area of the land that the user holds and be Turpan Prefecture Water Bureau for approval. determined in accordance with the water right allocation plan. 12. The next major task upon receiving the approved county water withdrawal and use 15. The county water bureau will instruct plan from the prefecture water bureau, is for the water suppliers to divert and supply water to prefecture water bureau to issue water withdrawal water users in their command area according to permits and water right certificates in accordance the water rights certificates and water supply with the provisions of Chapter 3 above, specifically and fee payment contracts, and jointly monitor identifying the target ET and conditions and the cropping pattern, generated ET and so on limitations on water withdrawal and use. Copies during the period of water supply. of these documents will be provided the county water bureau for their records and distribution 16. After several seasons or years of piloting the to the appropriate water diverts and water user proposed ET-based water rights administration groups. The prefecture water bureau will enter system, an assessment will be made to determine the approved documents into the water rights necessary refinements and additions to insure registry of the county and provide internet access the proper functioning and sustainability of the to this registry. The county water bureau would system. Unified distribution and conjunctive use of add records of water use and fee payments or add surface water and groundwater are prerequisites columns to the registry for this additional seasonal and the basis of reasonable water resources and/or annual data and information. The county allocation. As Shanshan County belongs to an area would maintain a record and files on the annual of serious groundwater overdraft, the principle of water withdrawal and water use reports, and surface water first and groundwater second must submit an annual or as requested report to the be adhered to in water withdrawal and use; and prefecture water bureau, indicating compliance or in some instances, water users may be requested non-ability to comply with the ET quotas/targets, to make conjunctive use of surface and ground reasons and recommendations. water. Withdrawal of surface water may vary from 118 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 6 - Shanshan County Pilot of ET-based WRAS year to year according to climatic conditions and 21. Under the leadership of Shanshan County run-off, which may require water withdrawals Water Bureau, a plan water right, withdrawal to be adjusted and where additional water need, and use adjustment under emergency conditions to authorize withdrawals from groundwater, needs to be prepared to be put immediately if water is available. Groundwater withdrawal into place if the situation arises and with full rights may need to be adjusted according to the knowledge and understanding of the parties change in the surface water withdrawal right and involved. The plan must explicitly specify the conditions of the groundwater or phreatic table and following: sustainability of aquifer yield.  Clearly define what are an emergency 17. If water users change their cropping condition and the basis for assessing it. For pattern, the quantity of water withdrawn and example, under what drought conditions or supplied corresponding to the ET quota may also public administration emergency conditions have to be changed. When the cropping pattern should these measures be implemented? is adjusted withdrawals from groundwater may  Clearly define how to adjust the water be adjusted, with surface water being used as right, withdrawal and/water use for water much as possible to ensure that ET generation needs allocated in an emergency. There are will be controlled within the target limits. This many ways to make the adjustments. For may in turn require the water supplier to adjust example, proportional reductions, temporary the quantity of water supplied to the users. administrative controls, reducing the categories/types of water use, prioritizing 18. If the water withdrawal or water use rights water uses, and so on. Once determined, are transferred, upon approval of the transfer the publicity, transparency and consistency of county and water withdrawer will need to adjust water rights adjustments and/or reallocation the water rights accordingly. measures must be carried out and accounted for. 19. However, during the first part of the WB XTWCP or later at a time when the ET-based approach has been verified to be successful and sustainable, a water market mechanism may be created. But at this time, any water and water rights transfers by sale, trading or land use retirement must be approved by the prefecture water bureau and insure that ET conditions will improve or at least remain the same. 20. Care should be taken to increase the water users’ motivation for water saving improvements in the adjustment of the water ET allocations and targets. The task of cropping pattern adjustment should be set with an eye to achieving the agricultural water saving objective and then be assigned to various land holders with the schedule and details for task fulfillment. Water will be allocated in line with scheduled cropping patterns and irrigation and ET quotas. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 119 Annex 6 - Shanshan County Pilot of ET-based WRAS 120 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Annex 6 - Shanshan County Pilot of ET-based WRAS Selected References 1) AAA Study on Water Rights Administration in China, Volume No. 1 – Main Report: Concepts, Principles and Design for ET- Based Water Rights in China, and Volume 2 – Background Analysis: Water Rights Research and Practice in China, The World Bank, WDC, May 15, 2008. 2) China Country Water Resources Assistance Strategy, the World Bank East Asia and Pacific Region, 2004 www.waterpub.com.cn 3) Controlling Farmers’ Water Rights in Idaho, USA: A Cheap, Accurate and Applicable Remote Sensing Methodology, (pdf), 2002, Water Watch, The Netherlands: www.waterwatch.nl. 4) Evolution and Administration of Colorado Water Law: 1876-1976, G.E. Radosevich, et. al., Water Resources Publications, Littleton, Colorado, 1976 5) Handbook on Florida Water Regulation: Consumptive Use, Michael T. Olexa, et. al, IFAS, University of Florida, Gainesville, 2005, Web: http://edis.ifas.ufl.edu/fe604. 6) Modification of Permits Based on Consumptive Use, Stephen E. Draper, 2002, web: http://www.cviog.uga.edu/services/ policy/environmental/georgiacommittee/whitepapers/ consumptiveuse.pdf. 7) Landsat Thermal Data for Water Resources Management in Idaho, William J. Kramber, et. al’, (pdf), 2008, web: http://www. asprs.org/publications/proceedings/portland08/0044.pdf. Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 121 Selected References 8) Study on the Design of ET-Based Water Rights Management System, ZHONG Yuxiu, LIU Baoqin, LIU Bin, 2009, web: www. seiofbluemountain.com/search/detail. php?id=5043. 9) T e c h n i c a l A s p e c t s o f W a t e r R i g h t Changes: Verifying Beneficial Use and Impairment, Chap. 7, Timothy J. Flynn, Aspect Consulting, LLC, Bainbridge Island, Washington, Nov. 2002, web:http://www. aspectconsulting.com/ resources/docs/ CLE_Water_Lawpaper_2000.pdf. 10) Technical Issues of Water Right Transfers: Validity, Consumptive Use, and Impairment, Chap. 8B, Timothy J. Flynn, Aspect Consulting, LLC, Bainbridge Island, Washington, Nov. 2002, web: http://www. aspectconsulting.com/resources/docs/ CLE_Water_Lawpaper_2002.pdf 11) The Atlas of Water: Mapping the World's Most Critical Resource, Maggie Black and Jannet King, Second Edition, September 2009. 12) Xinjiang Turpan Water Conservation Project: Project Appraisal Document, Report No. 52450-CN, China and Mongolia Sustainable Development Unit, Sustainable Development Department, East Asia and Pacific Region, The World Bank, May 19, 2010. 13) Water Resources Allocation Based on ET Management: A Case Study of Lucheng City, China, Yang Wei, Yang Zhifeng and Bi Xiaoxue, University of Beijing, 2009, Web: www.seiofbluemountain.com/search/ detail.php?id=2965. 122 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China Map - Location of the Study Map - Location of the Study Map - Location of the Study 127 Design Of ET-based Water Rights Administration System For Turpan Prefecture Of Xinjiang China 123 Design of ET-Based Water Rights Administration System for Turpan Prefecture of Xinjiang China THE WORLD BANK 16th Floor, China World Office Building II No.1 Jianguomenwai Avenue, Beijing Postal Code: 100004 Tel: (86-10) 5861-7600 Fax: (86-10) 5861-7800 Website: www.worldbank.org/china