China's Water Law stipulates the management scope of medium-sized reservoirs, which stipulates whether the land within the reservoir management scope and protection scope can be transferred.

It should not be transferred separately. Water and land within the scope of water conservancy project management shall be used by the water conservancy project management unit according to law, and no unit or individual may occupy it. Other units and individuals use the water and soil resources of water conservancy projects for business activities, and with the consent of the water conservancy management unit, they shall implement paid use and report to the water administrative department for examination and approval.

Legal analysis

State-owned reservoirs shall be reported by the competent department to the county and district people's governments to delimit the management scope and protection scope according to the following standards: the dam end of medium-sized reservoirs extends 50 meters outward, the downstream dam foot extends outward 100 to 300 meters, and the spillway and other drainage structures extend to both sides 10 to 20 meters; The management scope extends from 100 to 500m for protection. The dam end of the second small reservoir extends 30 meters, and the downstream dam foot extends 50 to 100 meters. The management scope extends from 50 meters to 200 meters as the protection scope. The management scope is below the check flood level in the three reservoir areas, and the protection scope is above the management scope 100 m to 150 m or to the river basin. Collectively owned reservoirs shall be protected by the county and district people's governments with reference to the provisions of the preceding paragraph. The scope of reservoir management and protection shall be clearly marked. Within the scope of state-owned reservoir management, land ownership belongs to the state, and land use right belongs to the reservoir management unit, and no unit or individual may occupy it without authorization. When delineating the scope of reservoir management, the procedures shall be handled in accordance with the relevant provisions of the land management law. Within the scope of protection of state-owned reservoirs, the ownership and use right of the land remain unchanged, and the use of the main land is subject to the supervision of the reservoir management unit.

legal ground

Article 25 of the Land Management Law of the People's Republic of China shall be approved by the original approving authority; Without approval, the land use determined in the overall land use planning shall not be changed. If the overall land use planning needs to be changed for large-scale energy, transportation, water conservancy and other infrastructure construction land approved by the State Council, the overall land use planning shall be revised according to the approval documents of the State Council. If the land for infrastructure construction such as energy, transportation and water conservancy approved by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government needs to be changed, which belongs to the examination and approval authority of the provincial people's government, the overall land use plan shall be revised according to the approval documents of the provincial people's government.