The Research Of Legal Issues On Tarim River Basin Water Resources Management In Xinjiang

Water is the source of life and at the same time the necessary material conditions of all life survival on Earth. In the historical development of human society, a very close relationship was formed between Mankind and water, land and other natural resources. Water, as an important natural resource, is people living material basis and the major constraints of human society and economic development. The current and long-term interest in Xinjiang is related to develop rationally and make full use of limited water resources of Tarim Basin. With the development of the national economy and social progress, people pay more attention to the Tarim Basin water resources management issues. How to effectively manage the Tarim Basin waters resources as soon as possible and how to turn the bad aspects into good ones, has caused widespread concern of the whole society.This article is divided into four parts:The first chapter is mainly to explore the pre-basin water resource management issues. It comprises the definition and the principles of Basin water resources management and the basis of the practice of river basin water resources management. In addition, it also concludes Basin Water Resources Management overseas status and mode,China historical changes and the status quo of river basin management and the inadequate legal system of China river basin management.The second chapter describes the basic characteristics of the Tarim basin, socio-economic situation and the utilization of water resources and ecological environment.Tarim River is China's largest inland river, which has given birth to brilliant ancient Silk Road civilization, and also the Mother River of all ethnic groups'people living in the Tarim Basin. Tarim River Basin is located in the southern Xinjiang Tarim Basin, hiding in the hinterland of the Asian continent. It is a typical arid region, characteristic of arid climate, scarce rainfall, and strong evaporation. For a long time, due to natural conditions, socio-economic system and the remote and distant location, and other objective factors, the economic and social causes in the Tarim Basin develop slowly, and there are large gaps in people's living standards compared with the developed areas. In addition, a large number of wasteland in the Tarim Basin has swallowed a large number of natural oases, with water consumption increased, instead of the lower reaches of Tarim River ecological water consumption, resulting in lower reaches of Tarim River wetlands disappeared and ecological environment damaged. Although the main reason lies in human, better water resources are a prerequisite for population and the development of the land. However, the current conditions of water resources can not support the further development of water and soil resources to develop the economy. As a result, it has become an important way to strengthen the management of water resources, improve efficiency of water resources management and optimize the allocation without increasing water resources.The third chapter focuses on the status quo and the lack of the legal system on the water resources management in Xinjiang Tarim River Basin. The construction of the Tarim River Basin water resources management laws and regulations system lags far behind the development and utilization of water resources, the deficiencies of the legal mechanism associated with the increasingly deepening conflict on the use of water resources becomes more and more prominent. In the absence of the law guarantee or in environment without clear provisions in laws, people will always have the right to use water resources in accordance with their customs or ethical standards or principles. The consequences resulted from the continuance and maintenance of this situation is rightly reflected the unreasonable use of water resources in the Tarim Basin as well as facing the downstream flow and the risk of desertification.In the construction of the Tarim River Basin water resources management legal system, in addition to the "Water Law of the People's Republic" which our country enacted for implementation, the regional government has promulgated the "implementation of the Xinjiang Uygur Autonomous Region ". The Tarim River Basin Management Committee and the Tarim Basin Authority was formally established in January, 1992. The "Tarim River Basin Water Resources Management Regulations" was passed by the autonomous region 30th National People's Congress Standing Committee on December 11, 1997, and at the same time the Tarim River Basin Water Resources Commission was established. The enactment of "Tarim River Basin Water Resources Management Ordinance" created the beginning of the basin's water resources management in the whole country, and it is China's first local watershed management laws and regulations. It lays the foundation for the water resources distribution principle of the Tarim Basin origins, the upper, the middle and lower reaches and the water distribution program. These measures provide a legal basis for the rational allocation of water resources in the Tarim Basin, integrated and coordinated development, and it plays a positive role in the relationship between handling the water resources development and protection, partial and overall, the local and the corps, the current and long-term interests.Chapter IV is made recommendation on the Tarim Basin water resources construction of the law in combination of the actual situation. Learning from the experience of foreign countries, we can propose the new system that establish and improve management systems, legal mechanisms and sustainable development of water resources in the Tarim basin. A specific concept is the water construction of the market mechanism, the tax system, democratic consultation mechanism, ecological compensation mechanism, the management of information technology and a high level of water governance supervision and inspection teams.In short, the study of legal issues on the Tarim Basin water resources management is based on the actual situation in Xinjiang in order to go out for practical and legal road system appropriate to the minorities, poverty-stricken areas in Xinjiang. On the basis of gradual improvement, the Tarim Basin water resources management system of laws and regulations is established in order to realize the Tarim Basin water resources protection and sustainable Use and achieve sustainable socio-economic development to lay the foundation.