For the first time at the national level, legislation to comprehensively regulate water conservation Experts interpret → in this way

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The State Council promulgated the "Water Conservation Regulations"

(hereinafter referred to as the "Regulations")

It will come into force on May 1, 2024

This is the first administrative regulation on the mainland to comprehensively regulate water conservation

water conservation

It is a fundamental measure to solve the problem of water shortage on the mainland

The "Regulations" aim at the sustainable use of water resources

Establish and improve the water-saving system and policy system

In a rule of law approach and in a rule of law approach

Realize the conservation, intensive and efficient use of water resources

Promote water conservation in the whole society

What is the significance of the promulgation of the Regulations?

Let's hear about it

Experts' interpretation

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Improve the laws and regulations on water conservation to ensure national water security

Du Qun (Professor, Beihang University, Vice President of Environmental Resources Law Research Association, China Law Society)

The "Regulations" are administrative regulations on the mainland that specifically regulate water-saving activities, and are of great significance to improving the laws and regulations for water-saving in the whole society and ensuring the country's water security.

1. The "Regulations" demonstrate the strategic goal of ensuring national water security and sustainable development in terms of legislative positioning

Water conservation is a key measure to solve the problem of water security in the mainland. Since the 18th National Congress of the Communist Party of China, the CPC Central Committee has attached great importance to water control work, and has given priority to water conservation in the water control policy, and has achieved remarkable results in promoting water conservation work on the mainland. As a major water user, China has a severe situation of water shortage, the contradiction between supply and demand is prominent, and the water conservation work still faces many problems, especially the lack of special water conservation legislation at the national level, and the management of water conservation is mainly based on the existing water law and other relevant laws and regulations, among which the provisions on water conservation are relatively scattered, which is difficult to meet the actual needs of water conservation work under the new situation.

The formulation of the "Regulations" has built a "water-saving" dimension of the water resources rule of law system, and enhanced the systematization and integrity of the mainland water resources rule of law system. As the basic law of water resources management, the Water Law roughly summarizes the management of water resources into six major contents: water resources development, utilization, conservation, protection, management, and water hazard prevention, and Chapter 5 has a total of 12 provisions on the allocation and economical use of water resources, all of which are general provisions. As a supporting administrative regulation of the Water Law, the "Regulations" clearly require adhering to the principle of giving priority to water conservation, and make new provisions on water conservation in the whole process from the dimensions of withdrawal, supply, use, discharge and unconventional water utilization.

2. The "Regulations" are based on the national conditions of water resources, summarize the experience of local water management, and form a joint force of water laws and regulations

Based on the basic water situation of the mainland, the "Regulations" strive to build a comprehensive, systematic, scientific and rational water-saving system in view of the outstanding problems and weak links in the water-saving work. The third chapter of the "Regulations" on water measures, involving the people's governments at or above the county level, industrial enterprises, public water supply enterprises, public institutions and other legal subjects, the provisions have repeatedly used the "legal subject + shall + legal act" of the obligatory norm of the literal expression, reflecting the state's determination to require relevant legal subjects to implement water-saving measures and the rule of law policy of tightening the water-saving "faucet" with institutional rigidity.

The "Regulations" summarize the rich practice of water conservation work for a long time, and transform the effective experience into institutional norms. For example, the Guangdong Provincial Department of Water Resources announced the top 100 excellent cases of water-saving actions in the province, and the Zhejiang Provincial Department of Water Resources and the Provincial Water Conservation Office released the list of the top ten water-saving action cases in Zhejiang Province in 2021. The "Regulations" fully absorb local practical experience, clarify the requirements of fiscal and financial policy support, and encourage financial institutions to increase financing support for water-saving projects.

It is an important consideration and experience in the formulation of the "Regulations" to do a good job of connecting with the water law and other relevant laws and administrative regulations, and forming a joint system with other norms. As a water-saving legislative norm at the level of administrative regulations, the "Regulations" effectively make up for the shortcomings of the system in water-saving legislation, and play a guiding role in the formulation, revision and application of water-saving norms at different levels in the future from the legislative level and legislative technical level. Chapter 5 of the Regulations also provides a reference clause in the legal liability section to ensure the convergence and application of the Regulations with laws such as the Water Law, the Criminal Law, and the Public Security Administration Punishment Law.

3. The "Regulations" improve the responsibilities of various entities and strengthen the rigid constraints on water conservation

The "Regulations" clarify the water-saving work mechanism for the water resources administrative department of the State Council to be responsible for the national water-saving work and for all departments to do a good job in accordance with the division of responsibilities, providing administrative decision-making and administrative law enforcement guarantees for the implementation of the "Regulations". The "Regulations" strengthen the responsibilities of the government and its relevant departments in daily management, financial security, supervision and inspection, etc., and require that the completion of water-saving targets be included in the scope of assessment of local people's governments and their responsible persons. At the same time, the "Regulations" put forward requirements for government departments to adopt economic incentives and innovative market mechanism measures. For example, improve the precise subsidy mechanism and water-saving incentive mechanism for agricultural water, encourage enterprises to develop water-saving service industries, innovate water-saving service models, support the development of various forms of water rights trading, give commendations and awards to units and individuals with outstanding water-saving achievements, and give subsidies to eligible water-saving projects.

The "Regulations" clarify the specific responsibilities of social entities, especially market entities, for water-saving management, and stipulate the water-saving measures that should be taken by industrial enterprises, public water supply enterprises, self-built water pipe network facilities, public institutions and other market entities, and promote their duty of care in strengthening water conservation. Chapter 5 of the "Regulations" stipulates strict legal liability for the use of backward and water-consuming technologies, processes, equipment and products that have been eliminated by the state, as well as the illegal acts of water-consuming industrial enterprises that have exceeded the water quota and failed to carry out water-saving transformation on schedule. Among them, if the water consumption level of a high-water-consuming industrial enterprise exceeds the water quota and fails to make changes on time and refuses to make corrections, it shall be fined not less than 100,000 yuan but not more than 500,000 yuan; if the circumstances are serious, measures to restrict water use or revoke the water withdrawal permit shall be taken.

After the official implementation of the "Regulations", it is recommended to continue to explore all aspects of the operation of the regulations to ensure the implementation of the "Regulations". First, the revision of the Water Law needs to be well connected with the "Regulations", and the basic systems such as measurement, water price, and quota management in the "Regulations" should be integrated into the Water Law. The second is to make full use of the coordination mechanism of water administrative law enforcement, strengthen the supervision and inspection of water conservation work, and strengthen the implementation of legal responsibilities for water conservation. The third is to implement the key systems of the "Regulations", such as the requirements of the water-saving service industry and the contract water-saving system, improve the water-saving policy system and standard system, and build a water-saving market adjustment mechanism and technical support system. Fourth, strengthen publicity and education, enhance the public's concept of water-saving rule of law, and promote the whole people to abide by the law.

Provide legal guarantees for "water conservation first".

Wang Jianhua (Vice President, China Institute of Water Resources and Hydropower Research)

Saving resources is the basic national policy of the mainland. Water resources are basic natural resources and strategic economic resources, and they are the key areas of resource conservation. The promulgation of the "Regulations" will provide a strong legal guarantee for the in-depth implementation of the national water-saving action and the promotion of the comprehensive and intensive conservation and utilization of water resources, and has important and far-reaching practical significance for the in-depth implementation of Xi Jinping's ecological civilization thought and the "water conservation priority" water control policy.

First, the importance of water-saving legislation

In 2014, General Secretary Xi Jinping put forward the idea of "giving priority to water conservation, spatial balance, systematic governance, and working with both hands", and listed water conservation as a priority option for the mainland to solve water problems and ensure water security. As the mainland enters the stage of high-quality development, higher requirements are put forward for the conservation and intensive utilization of water resources. In recent years, the mainland's water-saving work has made great progress, but there are still problems such as weak institutional constraints, insufficient policy compulsion, and insufficient legal basis for management measures, which restrict the in-depth promotion of water-saving work. The "Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Comprehensively Strengthening the Work of Resource Conservation" emphasizes that it is necessary to make comprehensive use of the means of rule of law, constantly improve and gradually improve the water consumption standards of key industries and key products, and promote the scientific allocation and efficient use of resources. In this context, the promulgation of the "Regulations" is to through the top-level, the most rigid system construction, the requirements of water conservation and intensive utilization throughout the whole process of economic and social development and all fields, to further promote the implementation of national water-saving actions.

2. Highlights of the Regulations

(1) At the level of administrative regulations, the priority policy of water conservation has been solidified

Article 4 of the General Provisions of the "Regulations" stipulates that "the state shall strictly practice water conservation, adhere to and implement the priority policy of water conservation, thoroughly implement the national water conservation action, and comprehensively build a water-saving society", and "all units and individuals shall fulfill their obligations to save water in accordance with the law". In the context of global climate change and increased vulnerability to water resources, the "Regulations" can effectively promote the formation of water-saving synergy and promote the comprehensive construction of a water-saving society by establishing the policy of giving priority to water conservation and requiring the participation of the whole society, which will effectively promote the construction of the national water security system and promote ecological civilization and green development.

(2) The construction of a rigid constraint system for water resources is a precondition for water conservation

The rigid constraint system of water resources proposed in the "Regulations" is an important guarantee for achieving the goal of water conservation. Through the implementation of the principle of "determining the city by water, the land by water, the people by water, and the production by water", the carrying capacity of water resources will be regarded as the basic boundary of national and regional development, so as to ensure that economic and social development is promoted under the premise of sustainable use of water resources. This water-based development model requires governments at all levels and all water users to strictly abide by the constraints of water carrying capacity in planning, construction and production activities, and promote the rational distribution and efficient use of water resources.

(3) The requirements of water-saving management run through the whole process of water use

The "Regulations" have made a detailed division and made clear provisions on the whole process of water use, covering all aspects of water conservation planning, quota setting, metering and water supply. This whole-process management model aims to achieve refined management and efficient utilization of water resources through scientific planning and strict management. In particular, through the formulation of water quotas, the standards and limits of water use in various industries and fields have been clarified, providing a quantitative basis and target for water conservation. At the same time, strengthen water metering and supervision to ensure the compliance of water use behavior and the effective implementation of water-saving measures.

(4) Adopt comprehensive water-saving measures in all fields

The "Regulations" put forward comprehensive water-saving measures from many aspects such as industry, agriculture and life. In the industrial field, enterprises are encouraged to adopt advanced water-saving technologies and equipment to realize recycled water and wastewater reuse, and improve water use efficiency. In the field of agriculture, water-saving irrigation technology should be promoted, agricultural water conservancy facilities should be optimized, and irrigation efficiency should be improved. In the field of daily life, we will promote water conservation in urban areas and rural areas, and improve the public's awareness and skills in water conservation. In addition, the Regulations encourage the use of unconventional water, such as reclaimed water use, rainwater harvesting and desalination, to broaden the channels of water supply.

(5) The promotion of the development of water-saving industry has been placed in a prominent position

The "Regulations" emphasize the development of water-saving industries and water-saving services, and promote the wide application of water-saving technologies and products through technological innovation and industrial application. Encourage enterprises and research institutions to carry out research and development and promotion of water-saving technologies, and improve the market competitiveness of water-saving products. At the same time, through the implementation of water efficiency labeling management and quality certification, guide consumers to choose water-saving products, and form a benign development environment for water-saving products and technologies.

(6) Reward and punish at the same time to ensure that water-saving measures are effective

In order to ensure the effective implementation of water-saving measures, the "Regulations" put forward a series of incentives and reward and punishment mechanisms. Through the establishment of water-saving incentives and subsidy policies, governments at all levels, enterprises and individuals are encouraged to adopt effective water-saving measures. At the same time, for violations of water-saving regulations, the establishment of corresponding legal responsibility and punishment measures to ensure the seriousness and implementation of water-saving policies.

3. Strengthen the implementation of the "Regulations".

The important feature of water conservation work is that it involves all sectors of society, involving various subjects such as governments, enterprises, and the public, and requires everyone and organizations to actively respond to the call for water conservation and work together. The implementation of the "Regulations" will effectively guide and promote the formation of a good atmosphere for the whole society to participate in water conservation, enhance the awareness and skills of water conservation among the whole people, and promote the modernization process of water conservation management on the mainland.

The "Water Conservation Regulations" were promulgated to comprehensively regulate water use activities

Li Yuanyuan (Vice President, General Institute of Water Resources and Hydropower Planning and Design, Ministry of Water Resources)

1. Legislative background

Water is a basic natural resource and a strategic economic resource related to the national economy and people's livelihood, and is a controlling element of the ecological environment. Water scarcity has become a bottleneck constraint for the construction of ecological civilization and sustainable economic and social development, and water conservation is a key measure to solve the complex water problems in the mainland. The CPC Central Committee and the State Council attach great importance to water-saving work, and General Secretary Xi Jinping has made important speeches and important instructions on water-saving work many times, requiring that water-saving be given priority in all aspects such as concepts, awareness, and measures. As a special water-saving administrative regulation, the "Regulations" thoroughly implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement the decision-making and deployment of the Party Central Committee and the State Council on water-saving work, based on the basic water situation of the mainland, conscientiously summarize the rich practice of water-saving work since the 18th National Congress of the Communist Party of China, and build a comprehensive and systematic water-saving institutional system, which is a major measure to comprehensively build a water-saving society, ensure national water security, promote the construction of ecological civilization, and promote high-quality development. The promulgation of the "Regulations" will promote the management of water according to law to a new level and create a new situation in water-saving management.

Second, the general idea

The "Regulations" are based on the mechanism and functional attributes of water resources circulation, comprehensively and thoroughly implement Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law, implement the new development concept, practice the idea of water governance in the new era, adhere to the problem-oriented and goal-oriented, and focus on the outstanding problems faced by the management of water resources and water conservation in the mainland, with the sustainable use of water resources as the goal, highlighting the priority of conservation and protection, whole-process control, market-oriented mechanism, The main body of target responsibility, establish and improve the water-saving system and policy system, and realize the intensive, rational and efficient use of water resources in a way and way based on the rule of law, so as to provide a solid foundation for green economic and social development.

3. Overall framework and institutional design

(1) Measurement and statistical systems

Water metering and statistics are important contents and means of water resources management. The mainland has basically built three major monitoring systems: important water intakers, important drinking water sources, and provincial boundary sections of major rivers, but the mainland's agricultural water accounts for more than 60 percent, and the bottom number of water withdrawals is unclear. In view of the weak and conspicuous problem of the weak foundation of measurement supervision, the "Regulations" have established a water-saving measurement and statistical system, which requires that the water used by different water sources and different purposes be measured separately in terms of water measurement; in terms of water-saving statistics, it is proposed to establish a water-saving statistical survey system and regularly publish water-saving statistical information.

(2) Water-saving planning system

The mainland has successively drawn up five plans (plans) for the construction of a water-saving society, and has made great progress in promoting the construction of a water-saving society. In accordance with the basic ideas and requirements of water conservancy planning under the new situation, the "Regulations" set up a water-saving planning system, clarifying that the relevant departments of the State Council shall prepare national water-saving plans in accordance with the division of responsibilities, and that local people's governments at or above the county level shall organize the preparation of water-saving plans for their respective administrative regions in accordance with the needs of economic and social development, the state of water resources, and the water-saving plans of higher levels.

(3) The total volume control system

The "Opinions of the State Council on Implementing the Strictest Water Resources Management System" establishes a red line for the control of water resources development and utilization, and the "Regulations" clearly require that the total amount of water used should be controlled. Improve the system of total water use control indicators at the provincial, municipal, and county levels, decompose and implement the total water use control indicators to surface, underground and unconventional water sources, and implement annual total water use control.

(4) Quota management system

Strengthening the supervision and management of quotas is an important responsibility and the main means of water administration departments at all levels. The "Regulations" set up a quota management system, clarifying that the water administrative department of the State Council and the standardization administrative department shall organize the formulation of national water quotas, and provinces, autonomous regions and municipalities directly under the Central Government may, according to actual needs, formulate local water quotas that are stricter than the national water quotas, and if the national water quotas are not stipulated, they may supplement the formulation of local water quotas.

(5) Planned water management system

Planned water management is an important means to strengthen water resources management. In recent years, the Ministry of Water Resources has intensified the management of planned water use and promoted the establishment of a planned water management system at the basin, provincial, municipal and county levels. In view of the problems faced by the management of planned water use in practice, the "Regulations" further strengthen the management of planned water use in an all-round way, clarify the division of responsibilities between the state and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and stipulate the departments that formulate water use plans for different types of water sources.

(6) Circular cascade utilization system

Circular cascade utilization is an effective way to save water resources. In recent years, the mainland has continuously strengthened the requirements for cascade utilization of the water cycle, and the water use efficiency in key areas has been continuously improved. In order to further improve water efficiency, the "Regulations" have established a recycling cascade utilization system from the aspects of strengthening management requirements and promotion measures, and clarified the relevant requirements and measures for different entities such as the government, industrial enterprises and public institutions to strengthen the recycling cascade utilization, as well as the punishment measures and standards for violating relevant regulations.

(7) Mechanism for the construction of water-saving facilities

The Water Law clearly stipulates the implementation of the "three simultaneous" system of water conservation. The "Regulations" further refine and improve the construction mechanism of water-saving facilities in view of the current problems such as the lack of implementation of water-saving facilities and the lack of water-saving facilities in some construction projects. For new construction, reconstruction and expansion construction projects, the construction unit is required to formulate water-saving measures according to the construction content of the project, supporting the construction of water-saving facilities, and the investment in water-saving facilities is included in the total investment of the construction project.

(8) Water-saving product certification and water efficiency labeling management system

In order to better promote the development of the mainland's water-saving product industry, the "Regulations" have established a water-saving product certification and water efficiency labeling management system. The State encourages the implementation of quality certification for water-saving products, and water-saving products that have passed the certification can use the certification mark in accordance with the requirements; the State implements water efficiency labeling management for water-saving products with great water-saving potential and wide use, and gradually eliminates water-use products with low water efficiency grades.

(9) Zoning and categorical control systems

The "Regulations" establish a zoning and classification control system, and set specific requirements for zoning and classification control for water shortage areas, water shortage areas, and groundwater overexploitation areas.

(10) Water price adjustment mechanism and water rights system

In recent years, the mainland has continuously deepened the comprehensive reform of agricultural water prices, improved the mechanism for forming water supply prices for cities and towns, and promoted the reform of the water market for water rights. In order to further give play to the role of water prices, the "Regulations" further improve the water price adjustment mechanism and water rights system, stipulate that the state shall establish a water price system conducive to promoting water conservation, improve the water price formation mechanism for urban residents and qualified rural residents, non-residents, agriculture, reclaimed water, and seawater desalination, promote the implementation of water rights trading, and cultivate and regulate the water rights market.

(11) Policy guidance and market-oriented mechanisms

For a long time, the mainland's water conservation work has mainly relied on the government to promote it, and in the new stage of development, it must be transformed into a three-wheel drive model guided by the government, with the participation of the main players and the whole people, so as to form a joint force for water conservation in the whole society. In this regard, the "Regulations" have improved the policy guidance and market-oriented mechanism for promoting water conservation, stipulated that the state should improve the policies and measures to encourage and support the development of water-saving industries and scientific and technological innovation, strengthen the capacity building and industrial application of water-saving scientific and technological innovation, and the local people's governments should improve the precise subsidy mechanism and water-saving incentive mechanism for agricultural water.

(12) Water-saving responsibility and assessment mechanism

In terms of management functions, water conservation involves many departments such as water conservancy, development and reform, and housing and construction, and in terms of the main body of responsibility, water conservation involves the government, the market, and water users. In view of the problem of unclear rights and responsibilities of water-saving management, the "Regulations" have established a water-saving responsibility system, clarified the division of responsibilities for water-saving management, the responsibilities of government departments and leading cadres, and the main responsibilities of behaviors, and clarified the punishment measures and standards for illegal acts.

Promote the construction of water-saving rule of law and promote water conservation in the whole society

Liu Bin (Director of Beijing Municipal Water Affairs Bureau)

Although the mainland is a large country with large water resources, the total water resources rank sixth in the world, but the per capita water resources are relatively small, and the spatial and temporal distribution of the continent's water resources is extremely uneven. With the economic and social development and the increasing demand for water, the contradiction between supply and demand of water resources has become increasingly prominent. Water conservation is a fundamental measure to promote the solution of complex water problems such as water shortage, water ecological damage, and water environment pollution in the mainland, and is an inevitable requirement for strengthening the construction of ecological civilization and promoting green development. The "Regulations" promulgated this time are an administrative regulation that comprehensively regulates water conservation work, and it is of milestone significance.

1. Implement the central government's deployment and establish and improve the water-saving work mechanism

Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping has stood at the strategic height of the sustainable development of the Chinese nation and the height of the era of ensuring national strategic security and building ecological civilization, re-examined the positioning of water, the connotation of water, and the characteristics and laws of water, and made a series of important expositions on water conservation and water control. Fundamental compliance is provided, which is implemented in the Regulations. The "Regulations" stipulate that the state strictly practices water conservation, adheres to and implements the priority policy of water conservation, thoroughly implements the national water conservation action, and comprehensively builds a water-saving society, and all units and individuals should fulfill their water-saving obligations in accordance with the law, which fully reflects the great importance that the state attaches to enhancing the awareness of water conservation in the whole society and vigorously promotes the determination of the whole society to save water. At the same time, the "Regulations" have made water-saving work requirements for all relevant departments, governments, streets, news media, etc., and clearly establish a water-saving mechanism led by the government, coordinated by all parties, regulated by the market, and participated by the public, which is a powerful safeguard measure for the whole society to save water.

2. Based on the situation of water resources, promote the coordinated development of water and society

With the development of economy and society, the contradiction between supply and demand of water resources needs to be solved urgently. In recent years, the middle and eastern routes of the South-to-North Water Diversion Project have been put into operation one after another, which has alleviated the problem of uneven spatial distribution of water resources to a certain extent, but the overall situation is still in a tight balance, and the water conservation work needs to be strengthened. Based on the current and long-term water resources situation, the "Regulations" strengthen the control of water conservation and water use from all aspects such as resource allocation, planning and layout, industrial development, construction and operation, and promote the coordination of water and economic and social development. The "Regulations" sum up effective water-saving experience and practices, further implement the requirements for management and control, implement total water use control, and implement planned water use management for units that have reached a certain scale of water use; strengthen the guiding role of planning, incorporate water-saving work into the relevant plans for national economic and social development, and draw up water-saving plans; promote the optimization of the industrial structure, restrict the construction of high-water-consuming industrial projects, and formulate a system of water-use quotas and water-saving standards; popularize water-saving technology and equipment, adhere to the "three simultaneities" of water-saving facilities, and eliminate backward technical products with high water consumption. At the same time, at the management end, we should strengthen the mechanism of metering and charging, differentiated water price, etc., and carry out water efficiency labeling management and water-saving product quality certification at the market end, which fully reflects that water resource endowment and carrying capacity are rigid constraints for economic and social development.

3. Strengthen water-saving measures and build a water-saving society in an all-round way

According to the characteristics of water-saving work covering a wide range of subjects and focusing on key issues and key links of water-saving management, the "Regulations" solidify and strengthen water-saving measures into legal constraints, and clarify the development of water-saving agriculture, the promotion of water-saving irrigation, the promotion of water-saving in rural life, the construction of industrial recycling water utilization facilities, the promotion of pipe network facilities, the construction of water-saving units in public institutions, and the improvement of water-use efficiency in landscaping, so as to accelerate the formation of water-saving production and lifestyle. In addition to doing a good job in reducing expenditure, in terms of open source, the mainland has continued to increase the development and utilization of unconventional water sources in recent years, and the utilization of unconventional water sources in the country will reach 17.58 billion cubic meters in 2022, a significant increase, playing the role of "second water source" in some cities such as Beijing. The "Regulations" make it clear that unconventional water should be included in the unified allocation of water resources, and the construction of sewage resource utilization facilities should be coordinated. At the same time, the "Regulations" stipulate mechanisms such as water-saving rewards and punishments, social participation, supervision and assessment, etc., to ensure the effective implementation of water-saving measures and enhance the endogenous power of the whole society to participate in water-saving.