The South-to-North Water Transfer Project is an important strategic infrastructure to alleviate the serious shortage of water resources and the deterioration of ecological environment in northern China and promote the overall optimal allocation of water resources. It is of great significance to improve and repair the ecological environment in northern China and ensure the sustainable development of economy, society, population, resources and environment in the vast northern region. The overall planning of this project is 50 years, and the recent stage is from 2002 to 20 10, mainly implementing the first, second and first phase of the East Line. At present, the first phase of the Middle Route of South-to-North Water Transfer Project has been implemented in our province, the emergency water supply project of Shi Jing section of the Middle Route of South-to-North Water Transfer Project has been completed for 307.5km, and the construction of Han Shi section in the province will start at the beginning of 20 10.
With the gradual development of the South-to-North Water Transfer Project, the scale of the project has been continuously formed, and the benefits of ensuring water supply, flood control, drought resistance and waterlogging elimination have gradually emerged. However, the subsequent changes in the allocation of water resources along the project have brought about new economic and social changes, which will inevitably lead to the adjustment and change of the interest pattern, thus creating new contradictions. At the same time, various economic relations, administrative relations and civil relations arising from the construction activities of the South-to-North Water Transfer Project increasingly involve the relations between state organs, construction units, design and construction units, suppliers of materials, equipment and components, and various enterprises, institutions and individuals. These interests need to be determined by law, the rights and obligations of relevant subjects should be standardized, the necessary water transfer and management order should be established, and the water transfer project should be brought into the track of legal management.
First of all, it is imperative to establish and improve the legal system of South-to-North Water Transfer Project.
First of all, the establishment of the South-to-North Water Transfer Project is an inherent need determined by its own characteristics. The South-to-North Water Transfer Project has a huge investment scale, involving many factors, wide influence and complex interest groups, covering many fields such as nature, economy, society, environment and technology, and it faces arduous and complicated challenges in the whole stage of pre-planning, project construction and operation management. Therefore, while taking administrative, scientific and economic measures, effective legal measures should be taken to standardize the rights, obligations and responsibilities of all subjects, coordinate the interests of all parties, ensure the smooth implementation of planning objectives according to law, and truly realize the ultimate goal of sustainable utilization of water resources to support sustainable economic and social development.
Second, the establishment of the South-to-North Water Transfer Project is the need to improve the quality and sustainability of economic and social development. Water plays an extremely important role in the national economy and people's livelihood and economic and social development. However, the limited, irreplaceable and increasingly prominent shortage of water resources make the constraints and constraints of water resources on the quality of national economic development more and more prominent. It is necessary to strengthen the comprehensive management and rational allocation of water resources through a sound legal system, comprehensively improve the ability of water transfer regulation, and gradually form the overall layout of water resources in our province through the implementation of the South-to-North Water Transfer Project.
Thirdly, the establishment of laws and regulations system of South-to-North Water Transfer Project is the need to realize the water supply safety of South-to-North Water Transfer Project. The supply scale of water resources is directly related to people's life, production and ecological water safety. Hebei province is a typical resource-deficient province, especially in the water receiving area of South-to-North Water Transfer Project. Although a number of surface water diversion projects have been built, the problem of single water source and low water supply guarantee rate is widespread, which affects the establishment of major projects and the process of urbanization and restricts economic and social development. The South-to-North Water Transfer Project is a strategic measure to solve this problem. However, due to the outstanding problems such as many water supply objects, complex water supply objects and large water supply scope, it is necessary to adjust and standardize through a perfect legal system, enhance the comprehensive advantages of multi-source water supply in many ways, and ensure the water supply safety in the receiving area.
Fourthly, the establishment of laws and regulations system of South-to-North Water Transfer Project is the need to coordinate the harmonious development of areas, urban and rural areas, economy, man and nature along the South-to-North Water Transfer Project. The implementation of the South-to-North Water Transfer Project is an important material guarantee for our province to achieve balanced regional development and build a well-off society in an all-round way. The purpose of establishing the corresponding laws and regulations system of South-to-North Water Transfer Project is to firmly grasp the new impacts and new problems faced by the project in terms of resources, economy, ecology, environment, population and society, carry out investigation and study, focus on the different interests and needs of water transfer area, water delivery area and water receiving area, plan a balanced coordination mechanism, break the restrictions of regions and departments through legislation, and make overall consideration and solution based on the sustainable development of the whole economic belt, give full play to the comprehensive benefits of the project and attach importance to negative effects.
Two, the main contents of the laws and regulations system of South-to-North Water Transfer Project should include
First, standardize the management system that conforms to the characteristics of the South-to-North Water Transfer Project. The South-to-North Water Transfer Project has dual functions of public welfare and management, and macro-management and micro-management coexist. It is necessary to further take the People's Republic of China (PRC) Water Law as the mother law, and establish a management model adapted to the socialist market economic system in accordance with the construction and management principles of "government macro-control, quasi-market mechanism operation, modern enterprise management and user participation", straighten out the relations among all parties, and speed up water transfer, water supply and drainage in cities along the South-to-North Water Transfer Project.
Second, promote the formation of a reasonable water price mechanism. Establishing and perfecting the formation mechanism of water price and its collection method is the premise of water price reform. In areas where water resources are introduced, a unified water price is implemented for different water sources (main water, guest water, surface water and groundwater) in the same area; Through the formation mechanism of water price, we should reasonably grasp the strength and opportunity of water price adjustment, and digest the areas with large water price contradictions in advance, so as to effectively implement water price reform; Overall arrangement of project water price, resource water price and environmental water price, step by step, step by step; Formulate water quota, implement water quota management, and gradually increase the price of water exceeding the plan.
Third, establish a unique water-saving market development mechanism in the South-to-North Water Transfer Economic Belt. Saving water is an important measure for the healthy operation of South-to-North Water Transfer Project. By liberalizing the water-saving market, quantifying the benefits of water use, improving the efficiency of water use, actively exploring the paid transfer of water rights, and using market mechanisms to guide the allocation of water resources to high-efficiency water-saving areas. Establish a water-saving supervision and management system, formulate and implement water-saving standards for various water-saving products and equipment, vigorously promote water-saving product certification, establish a market access system for water-saving products, and prohibit the production and sale of products that do not meet the water-saving standards. Establish a compulsory elimination system for backward processes, technologies and equipment with high water consumption, and regularly publish the catalogue of backward processes and equipment (products) with high water consumption. Strengthen water-saving statistics, establish an evaluation system of water-saving society construction consisting of comprehensive evaluation indicators, industrial water use evaluation indicators and water-saving management evaluation indicators, measure water use efficiency and water use efficiency through a series of quantitative indicators, and comprehensively evaluate the progress and achievements of water-saving society construction in various regions.
Fourth, strengthen the prevention and control of water pollution in the South-to-North Water Transfer Project. Pollution control is the key to the South-to-North Water Transfer Project, and the comprehensive discharge standard of water pollutants along the line is higher than that in other areas. In order to improve the present situation of water quality, a perfect water pollution prevention and control mechanism should be established as soon as possible to ensure the water quality of water diversion and the safety of drinking water for people along the route. Follow the principles of giving priority to prevention, combining prevention with control, overall planning and comprehensive management, adhere to the principles of pollution before treatment, water resources recycling, ecological restoration and protection, establish water pollution prevention and control support and ecological compensation mechanisms along the line, strengthen the environmental protection responsibilities of people's governments at all levels along the line, and take concrete measures to improve the water environment quality in their respective administrative areas.
Fifth, implement the exclusive project management of South-to-North Water Transfer Project. In order to further improve the transformation ability of water resources utilization to economic, social and environmental benefits, it is necessary to organically combine engineering measures, technical measures and management measures. Therefore, it is necessary to study and issue the comprehensive and detailed Regulations on the Management of South-to-North Water Transfer Project and a series of related supporting policies and regulations as soon as possible. Relying on the strength of the legal system, laws and policies are used to regulate and standardize government behavior, enterprise behavior, user behavior and their relationships, strengthen the construction, maintenance and management of the main project and supporting projects, ensure that the funds for construction, maintenance and management are in place, promote a virtuous circle, and ensure the total efficiency of water use in the South-to-North Water Transfer Economic Belt.
Sixth, establish a negotiation and arbitration mechanism for initial water rights allocation in the water receiving area of South-to-North Water Transfer Project. Ensure the fairness and efficiency of water intake in each water receiving area, effectively solve or reduce the contradiction of initial water rights distribution between regions, and realize the overall optimization of water resources allocation in the main line of South-to-North Water Transfer Project. Therefore, in the process of initial water rights allocation, legislation should be adopted as soon as possible to improve the grim situation of ineffective, unfair and unsustainable water resources utilization, and consultation and arbitration procedures and mechanisms should be designed in advance. On the premise that water users in each region have the motivation to achieve the negotiation goal, they should follow certain negotiation rules to determine their own water rights allocation, so as to optimize the allocation effect of water resources in the whole system and establish a new water order.
3. Suggestions on establishing and perfecting the legal system of South-to-North Water Transfer Project
First of all, the legal system of the South-to-North Water Transfer Project should take the Water Law as the core. Under the provisions of the Water Law, a legal system consisting of a series of supporting administrative regulations, local regulations, departmental regulations, local regulations and normative documents has been formulated. With the construction and implementation of the South-to-North Water Transfer Project, the legal framework system for the construction and management of the South-to-North Water Transfer Project has basically taken shape. At present, there are many documents issued by the the State Council South-to-North Water Transfer Project Construction Committee Office. In view of the preliminary design, fund management, planned investment, quality supervision, land acquisition and demolition, bidding, project acceptance, construction management, construction inspection, report acceptance and other links in the project construction process, corresponding rules and regulations have been established, but there are still obvious deficiencies in the construction of operation management system, water price reform, conservation and protection, and safeguard measures. Therefore, it is necessary to step up the formulation of relevant policies and regulations and establish a water policy and regulation system suitable for unified management and scientific management. Establish a policy system that adapts to the development of market economy and the optimal allocation of water resources, so as to lay a good foundation for the separation of government and enterprise and the separation of government affairs in water resources management. Create a new mechanism for water resources protection, development and utilization that adapts to market operation.
The second is to strengthen investigation and study, and comprehensively and deeply analyze the reasons that affect the management decision of the South-to-North Water Transfer Project. After the completion of the South-to-North Water Transfer Project, it involves management system coordination, water resources allocation and dispatching, project operation mechanism, water environment protection, transfer-in and transfer-out areas, flood control and water supply, water supply and demand, local water use and transfer-in, surface water and groundwater, and emergency countermeasures in extreme drought years. Now we should take the project construction as an opportunity to plan ahead, actively explore the coordinated development mechanism under the market economy, deeply study the new impacts and problems that the South-to-North Water Transfer Project may bring to resources, economy, population and society, comprehensively analyze the specific factors that affect the management decision of the South-to-North Water Transfer Project, and formulate reasonable legal basis such as water environmental protection standards, water source dispatching methods, water-saving measures, operation plans and acceptance systems.
Third, further strengthen water administrative law enforcement. In order to meet the requirements of strengthening law enforcement, we should actively implement water laws and regulations with water law as the core, strictly implement normative documents, intensify law enforcement, give full play to civil and criminal means, increase punishment for illegal acts, and ensure the safety of South-to-North Water Transfer Project, water transmission and water use. Constantly update the concept of law enforcement, innovate law enforcement methods, improve the ability and level of social management and public services, and strengthen the law enforcement support capacity of the South-to-North Water Transfer Project.
Fourth, do a solid job in the publicity of water legal system. Pay more attention to the publicity and education of water legal system for the whole society, increase the intensity of centralized publicity, expand the breadth and depth of regular publicity, improve the effect and coverage of water legal publicity, and create a strong atmosphere of rule of law for comprehensively promoting water transfer according to law and promoting sound and rapid development of water conservancy. Vigorously publicize the great significance of the South-to-North Water Transfer Project to our province's economy and society, make the South-to-North Water Transfer Project deeply rooted in people's hearts, form a situation that everyone knows about the South-to-North Water Transfer Project, everyone cares about the South-to-North Water Transfer Project, and everyone supports the South-to-North Water Transfer Project, and create a good social atmosphere for the construction and benign operation of the South-to-North Water Transfer Project.