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Regulations of Jiangsu Province on Reservoir Management Chapter I General Provisions

These Regulations shall apply to the management and protection of reservoirs within the administrative area of this province.

Reservoirs in this province are divided into large, medium and small reservoirs according to the categories of water conservancy and hydropower projects and flood standards. Small reservoirs include small (1) and small (2) reservoirs. The management, protection, development and utilization of reservoirs follow the principles of safety first, protection first, overall consideration and rational utilization.

Local people's governments at all levels should strengthen the management and protection of reservoirs, increase financial input, strengthen safety supervision and inspection, implement safety responsibilities, and ensure the safe operation of reservoirs. The water administrative department of the local people's government at or above the county level shall supervise and manage the construction, maintenance, safe operation, development and utilization of reservoirs and the protection of water resources within their respective administrative areas.

Other relevant departments of the local people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the supervision and management of reservoirs.

Relevant departments or government agencies of local people's governments at or above the county level are the competent units of reservoirs under their jurisdiction, and township people's governments and sub-district offices are the competent units of reservoirs owned by rural collective economic organizations under their jurisdiction. The competent unit of the reservoir is responsible for the operation management and safety of the reservoir. The reservoir shall set up a management unit. Two or more small (2) reservoirs owned by rural collective economic organizations may set up the same management unit, but each reservoir shall be equipped with full-time management personnel.

Reservoirs built by local people's governments at or above the county level (hereinafter referred to as state-owned reservoirs) shall be managed by the local people's governments of cities and counties (cities, districts).

Power, water supply and other units of self-built reservoirs (hereinafter referred to as self-built reservoirs), the construction unit is responsible for the establishment of management units.

Rural collective economic organizations to build the reservoir (hereinafter referred to as the collective reservoir), by the local township people's government, street offices responsible for the formation of management units.

Where state-owned reservoirs and collective reservoirs cross administrative regions, the management units shall be determined through consultation by the relevant people's governments. The funds for the operation, management, maintenance, basic personnel and reinforcement of state-owned reservoirs shall be included in the financial budget of local people's governments at or above the county level. Reservoir income should be included in the financial budget management.

The self-built reservoir shall be arranged by the construction unit for operation management, maintenance, basic personnel funds, reinforcement and other funds.

Collective reservoir by the local township people's government, street offices to arrange the operation and management, maintenance, basic personnel costs, reinforcement and other funds. The local people's governments at or above the county level shall give appropriate subsidies to collective reservoirs confirmed and issued with registration certificates by the provincial administrative department. Reservoir construction shall conform to the approved comprehensive planning of river basins or regions, and go through the formalities of planning permission, land use approval and environmental impact assessment approval according to law.

Before the feasibility study report or project application report of reservoir construction project is submitted for examination and approval, the water administrative department with jurisdiction shall sign the consent of water project construction planning. The examination and approval of reservoir construction projects shall be carried out in accordance with the relevant provisions of the state and the province.

Rural collective economic organizations investing in the construction of reservoirs on collective land owned by collective economic organizations shall be examined and approved by the provincial water administrative department. When the state-owned reservoir is under construction, the management system and the nature of the management organization of the project shall be defined, and the sources of funds such as operation management, overhaul and depreciation shall be determined. If it is necessary to handle the organizational matters of public institutions, the organization management organ shall participate in the research and demonstration of the project. The budgetary estimate and budget of the project shall include the necessary construction of management and protection facilities, the project management scope stipulated by laws and regulations, land acquisition compensation, resettlement and other expenses. When the project is completed and accepted, the above contents should be included in the scope of acceptance, and relevant information including land use right certificate should be handed over to the reservoir management unit after completion.

The existing reservoir management facilities are not perfect, and the project (including the management scope) has not obtained the corresponding land use right. The competent unit of the reservoir shall improve the relevant management facilities and go through the formalities of land use right, and the required funds shall be specially arranged by the government at the same level; Has been included in the renovation and expansion (including reinforcement, the same below) plan, should be solved in the renovation and expansion, the required funds into the project construction fund plan.

Self-built reservoirs and collective reservoirs shall be implemented with reference to the provisions of the first and second paragraphs of this article, but the funds needed for self-built reservoirs shall be raised by the construction unit, and the funds needed for collective reservoirs shall be raised by the competent unit of the reservoir.

The budgetary estimate, budget implementation and final accounts of reservoir construction projects (including reinforcement) shall be subject to audit supervision according to law. The competent unit of the reservoir shall regularly organize the safety inspection, inspection and evaluation of the reservoirs under its jurisdiction, establish technical files, strengthen the guidance and supervision of reservoir management, organize reservoir management evaluation, and promote the standardization of reservoir management.

The reservoir management unit shall establish and improve various management systems, and do a good job in reservoir safety monitoring and inspection, maintenance and repair, control application and data compilation in accordance with relevant national and provincial technical standards to ensure the safe operation of the reservoir. The management scope of the reservoir is:

(1) Large reservoir dam and its end 80-1 00m, outside dam toe150-200m, medium reservoir dam and its end 50-80m, outside dam toe100-150m, small (.

(two) the waters, islands and regions below the check flood level in the reservoir area;

(three) the scope of management of reservoir spillway and other engineering facilities shall be determined in accordance with the Regulations of Jiangsu Province on the Administration of Water Conservancy Projects.

The local people's governments at or above the county level shall, in accordance with the above provisions, delimit the specific management scope of the reservoir and the necessary land for management facilities, and determine the management and protection scope of the reservoir dam.

The management unit of the built reservoir shall go through the formalities of land use for the reservoir management scope and management facilities according to law, and obtain the certificate of land use right. The certification of reservoir ownership shall be carried out in accordance with the relevant provisions of the state, and shall not harm the legitimate rights and interests of citizens, legal persons or other organizations. The following activities are prohibited within the scope of reservoir management:

(1) Reclamation, water storage and reclamation;

(two) the construction of hotels, restaurants, hotels, resorts, nursing homes or real estate development;

(3) Building docks and laying poles (pipes) on dams;

(4) Planting trees, sowing seeds, repairing canals, grazing, stacking materials and drying grain and grass on the dam;

(five) fry fish, poisonous fish and electric fish in the reservoir waters, and discharge sewage and waste into the reservoir waters;

(six) swimming, playing and fishing in the reservoir waters without authorization;

(seven) other activities to reduce the reservoir capacity, endanger the safety of the reservoir and occupy or damage the reservoir engineering facilities.

Within the scope of management and protection of reservoir dams, it is forbidden to engage in activities that endanger the safety of reservoirs, such as blasting, drilling wells, sand mining (including soil and quarrying, the same below), mining and excavation.

In the inlet channel, outlet gate and overflow channel, no water blocking objects shall be set. The reservoir should be registered. The provincial administrative department is responsible for the unified management of reservoir registration in the province.

The water administrative department at the county level shall be responsible for the registration of small reservoirs within its administrative area; The municipal water administrative department with districts shall be responsible for the registration of medium-sized and small reservoirs directly managed within their respective administrative areas, and review the registration results of small reservoirs by the water administrative department at the county level; The provincial administrative department is responsible for the registration of large reservoirs.

The provincial administrative department shall confirm the registration result, issue a registration certificate and announce it to the public.

Where the affiliation of reservoirs under the jurisdiction of the water administrative department needs to be changed, large and medium-sized reservoirs shall be approved by the provincial water administrative department, and small reservoirs shall be approved by the municipal water administrative department with districts. The registered reservoir is under any of the following circumstances, and the reservoir management unit shall handle the change registration with the water administrative department within three months:

(a) the completion of the expansion and reconstruction;

(2) Being promoted or demoted upon approval;

(3) The affiliation has changed. The reservoir dam shall be subject to regular safety appraisal system. In any of the following circumstances, the safety appraisal of the reservoir dam shall be carried out:

(a) Before the new and strengthened reservoirs are officially filled;

(two) the normal operation of the reservoir, from the previous safety appraisal of large and medium-sized reservoirs has reached six years, small reservoirs have reached eight years;

(three) before the start of the reservoir expansion and reconstruction project;

(four) within three months after the reservoir encounters devastating natural disasters such as catastrophic floods and strong earthquakes, or major engineering accidents and other events that endanger dam safety. The competent unit of the reservoir is responsible for organizing the safety appraisal of the reservoir dam under its jurisdiction, and entrusting a unit with corresponding qualifications to make a safety appraisal report of the reservoir dam after testing, analyzing and evaluating in accordance with the relevant provisions of the state and province.

The dam safety appraisal report of large and medium-sized reservoirs that have an impact on the safety of cities (including towns where the county people's government is located) and important infrastructure shall be examined and approved by the provincial administrative department; Other medium-sized reservoirs and small (1) reservoir dam safety appraisal reports shall be examined and approved by the municipal water administrative department with districts; Small (2) reservoir dam safety appraisal report shall be examined and approved by the county water administrative department.

Local people's governments at all levels shall take timely measures such as danger removal and reinforcement to ensure the safe operation of reservoirs. If the scale and storage capacity of the reservoir are reduced or the function is shrunk, and the design standard for flood control cannot be reached, the project has serious quality problems, it is technically infeasible or economically unreasonable to restore the original classification, and other factors make it impossible to use it according to the original classification, it should be reduced to classified operation.

If the functional benefits of the reservoir are basically lost or replaced by other projects, the storage capacity is basically full, the danger is serious, the reinforcement is technically infeasible or economically unreasonable, and other factors cause the reservoir to be unusable, it should be scrapped. After the reservoir is scrapped, the local people's government should do a good job in the aftermath.

Reservoirs should be scientifically demonstrated and go through the examination and approval procedures in accordance with the relevant provisions of the state and the province. The organization and implementation of reservoir reduction and scrapping shall be the responsibility of the reservoir competent unit.