The lawsuit lodged by 108 farmers from the Zhongcun Village follows another one in 2000, when 110 farmers from the same village sued the county government for inaction in the same dispute.

The dispute arose four years ago, when neighboring Kaiyang Village built a dam, in violation of the country's Water Law, on the upper stream of a small reservoir built by Zhongcun Village in 1986, reducing the water supply to Zhongcun, and completely cutting it off in the dry season.

The farmers asked the county government to intervene in the dispute, but subsequent mediation by the latter ran into a deadlock, upon which the government withdrew from the case.

In 2000, 110 farmers from Zhongcun filed a lawsuit against the county government for inaction.

Rulings by the Intermediate People's Court of Wenzhou City and the Higher People's Court of Zhejiang demanded that the county government find a solution to the dispute within two months.

A subsequent decision by the county government maintained the status quo. It ordered Kaiyang to apply for a license for its dam, which should not have been built without a license.

The government also allowed Zhongcun to build its own dam to ensure water supply in the dry season.

The farmers of Zhongcun were furious at the decision. They maintained that their reservoir was built with government approval, but the Kaiyang dam was built illegally.

The decision by the county government amounted to approval of the illegal actions of Kaiyang, and was against the relevant laws and regulations, the farmers said.

They also turned down the suggestion by the county government that Zhongcun build its own dam to ensure water supply in the dry season.

Not only would a new dam be useless, because it would be located downstream from the Kaiyang dam, it would be technologically impossible because of the steepness of the terrain, the farmers said. The case has been accepted by the Intermediate People's Court of Wenzhou City.

(China Daily 05/17/2001)