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People's Republic of China (PRC) and the National Water Law

Adopted at the 24th meeting of the Standing Committee of the 6th NPC on June1988+1October 2 1 Sunday.

198865438+1October 2 1 promulgated by Decree No.61of the President of the People's Republic of China.

1 988 July1came into effect.

Chapter I General Principles

Article 1 This Law is formulated for the purpose of rational development, utilization and protection of water resources, prevention and control of water disasters, giving full play to the comprehensive benefits of water resources and meeting the needs of national economic development and people's lives.

Article 2 The water resources mentioned in this Law refer to surface water and groundwater. This Law must be observed in the development, utilization, protection and management of water resources and the prevention and control of water disasters in People's Republic of China (PRC).

The development, utilization, protection and management of seawater shall be stipulated separately.

Article 3 Water resources are owned by the state, that is, by the whole people.

Water in ponds and reservoirs owned by agricultural collective economic organizations belongs to collectives.

The state protects the legitimate rights and interests of units and individuals that develop and utilize water resources according to law.

Article 4 The State encourages and supports various undertakings for the development and utilization of water resources and the prevention and control of water disasters.

The development and utilization of water resources and the prevention and control of water disasters should be comprehensively planned, comprehensively utilized and benefit-oriented, so as to give full play to the multiple functions of water resources.

Article 5 The State protects water resources and takes effective measures to protect natural vegetation, plant trees and grass, conserve water sources, prevent soil erosion and improve the ecological environment.

Sixth units should strengthen the prevention and control of water pollution, protect and improve water quality. People's governments at all levels shall, in accordance with the provisions of the Law on the Prevention and Control of Water Pollution, strengthen the supervision and management of the prevention and control of water pollution.

Article 7 The state practices planned water use and strictly saves water.

People's governments at all levels should strengthen the management of water conservation. All units should adopt advanced technology to save water, reduce water consumption and improve the reuse rate of water.

Article 8 Units and individuals that have made outstanding achievements in the development, utilization, protection and management of water resources, prevention and control of water disasters, water conservation and related scientific and technological research shall be rewarded by people's governments at all levels.

Article 9 The state practices a system of unified management, classification and departmental management of water resources.

The water administrative department of the State Council is responsible for the unified management of water resources throughout the country.

Other relevant departments of the State Council are responsible for water resources management in accordance with the division of responsibilities stipulated by the State Council and in coordination with the water administrative department of the State Council.

The water administrative department of the local people's government at or above the county level and other relevant departments shall be responsible for the relevant water resources management in accordance with the division of responsibilities stipulated by the people's government at the same level.

Chapter II Development and Utilization

Tenth development and utilization of water resources must be comprehensive scientific investigation and investigation and evaluation. The comprehensive scientific investigation, investigation and evaluation of water resources in China shall be conducted by the water administrative department of the State Council in conjunction with relevant departments.

Eleventh the development and utilization of water resources and the prevention and control of water disasters shall be in accordance with the unified planning of river basins or regions. Planning is divided into comprehensive planning and professional planning.

Comprehensive river basin planning for major rivers determined by the state shall be formulated by the water administrative department of the State Council in conjunction with relevant departments and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval. Comprehensive river basin or regional planning for other rivers shall be formulated by the water administrative department of the local people's government at or above the county level in conjunction with the relevant areas, submitted to the people's government at the corresponding level for approval, and reported to the water administrative department at the next higher level for the record. Comprehensive planning should be coordinated with land planning, taking into account the needs of various regions and industries.

Professional plans for flood control, waterlogging control, irrigation, shipping, urban and industrial water supply, hydropower generation, bamboo and wood exile, fishery, water quality protection, hydrological measurement, groundwater survey and dynamic monitoring shall be compiled by the relevant competent departments of the people's governments at or above the county level and submitted to the people's governments at the same level for approval.

Approved planning is the basic basis for the development and utilization of water resources and the prevention and control of water disasters. The revision of the plan must be approved by the original approval authority.

Article 12 No unit or individual may harm the public interests or the legitimate rights and interests of others in water diversion, water storage and drainage.

Article 13 The development and utilization of water resources shall be subject to the overall deployment of flood control, implement the principle of combining the promotion of benefits with the elimination of pests, give consideration to the interests of the upstream and downstream, the left and right banks and regions, and give full play to the comprehensive benefits of water resources.

Article 14 The development and utilization of water resources should first satisfy the domestic water consumption of urban and rural residents, and give overall consideration to the water consumption of agriculture, industry and shipping. In areas with insufficient water resources, it is necessary to limit the development of industry and agriculture with large city scale and large water consumption.

Fifteenth areas should develop irrigation, drainage and soil and water conservation according to the conditions of water and soil resources, and promote stable and high-yield agriculture.

In areas with insufficient water resources, water-saving irrigation should be adopted.

In areas prone to salinization and waterlogging, measures should be taken to control and reduce the groundwater level.

Article 16 The State encourages the development and utilization of hydropower resources. In rivers rich in hydropower, multi-objective cascade development should be planned.

The construction of hydropower stations should protect the ecological environment and take into account the needs of flood control, water supply, irrigation, shipping, bamboo and wood exile and fishery.

Article 17 The State protects and encourages the development of water transport resources. To build a permanent dam on a navigable river or a river where bamboo and wood are exiled, the construction unit must build facilities for crossing boats and trees at the same time, or take other remedial measures with the approval of the department authorized by the State Council, and make proper arrangements for shipping and bamboo and wood exile during construction and water storage, and the expenses required shall be borne by the construction unit.

If navigation is possible after a dam is built on a non-navigable river or artificial waterway, the dam construction unit shall also build or reserve the location of ship-crossing facilities, and the expenses required shall be borne by the transportation department unless otherwise stipulated by the state.

The people's governments at or above the county level shall instruct the original construction unit to take remedial measures for the existing navigation dams within the prescribed time limit.

Eighteenth in the fish, shrimp, crab migration routes, the construction of dams, which have a serious impact on fishery resources, the construction unit shall build fishery facilities or take other remedial measures.

Article 19 The construction of dams, bridges, wharves and other buildings that block, cross and face the river, and the laying of pipelines and cables across the river must conform to the flood control standards, navigation standards and other relevant technical requirements stipulated by the state.

If the original engineering facilities are expanded, rebuilt, demolished or damaged due to the construction of the engineering facilities listed in the preceding paragraph, the construction unit of the post-construction project shall bear the expansion and reconstruction costs and compensate for the losses, except that the original engineering facilities violate the regulations.

Twentieth the construction of water projects or other construction projects, occupying the original irrigation water source, water supply source or waterway water source, the construction unit shall take remedial or compensation measures.

Twenty-first inter-basin water transfer project construction must be comprehensively planned and scientifically demonstrated, and the demand for water intake and diversion should be considered as a whole to prevent adverse effects on the ecological environment.

Twenty-second construction of water projects, must comply with the basic construction procedures stipulated by the state and other relevant regulations. Where the interests of other regions and industries are involved, the construction unit must solicit the opinions of the relevant regions and departments in advance, and report to the people's government at a higher level or the relevant competent department for examination and approval according to regulations.

Twenty-third countries need to emigrate because of the construction of water projects, the local people's government shall be responsible for properly arranging the life and production of the immigrants. The funds needed for resettlement shall be included in the investment plan of engineering construction, and the resettlement work shall be completed as planned in the construction stage.

Chapter III Protection of Water, Waters and Water Projects

Article 24 In rivers, lakes, reservoirs and canals, objects that hinder flood discharge and navigation shall not be abandoned or piled up, and trees and tall crops that hinder flood discharge shall not be planted.

No sunken ship shall be abandoned in the waterway, no fishing gear shall be set up to hinder navigation, and no aquatic plants shall be planted.

Without the approval of the relevant competent department, no building shall be built on the riverbed or floodplain.

Mining sand, gravel and placer gold in flood discharge rivers and waterways must be reported to the competent river department for approval, and mining shall be carried out in accordance with the approved scope and operation mode; Involving waterway, approved by the river department in conjunction with the competent department of waterway.

Twenty-fifth exploitation of groundwater must be based on the investigation and evaluation of water resources, the implementation of unified planning, strengthen supervision and management. In areas where groundwater has been overexploited, exploitation should be strictly controlled, and measures should be taken to protect groundwater resources and prevent land subsidence.

Article 26 If the underground water level drops, dries up or the ground collapses due to drainage, which causes losses to the life and production of other units or individuals, the mining unit or the construction unit shall take remedial measures to compensate for the losses.

Article 27 Reclaiming land from lakes is prohibited. Reclamation of rivers is prohibited, and if reclamation is really necessary, it must be scientifically demonstrated and approved by the people's governments at or above the provincial level.

Article 28 The state protects water projects, dikes, revetments and other related facilities, and protects flood control facilities, hydrological monitoring facilities, hydrogeological monitoring facilities and navigation and navigation aids. No unit or individual may occupy or destroy it.

Twenty-ninth state-owned water projects should be carried out in accordance with the approved design, and the people's governments at or above the county level should delimit the scope of management and protection in accordance with state regulations.

Collectively owned water projects shall be protected in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Within the scope of protection of water projects, activities endangering the safety of water projects such as blasting, well drilling, quarrying and earth borrowing are prohibited.

Chapter IV Water Management

Article 30 Long-term water supply and demand plans for the whole country and regions across provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the water administrative department of the State Council jointly with relevant departments and submitted to the planning department of the State Council for examination and approval. The local long-term water supply and demand plan shall be compiled by the water administrative department of the local people's government at or above the county level in conjunction with relevant departments according to the long-term water supply and demand plan of the people's government at the next higher level and the actual situation in the region, and submitted to the planning department of the people's government at the same level for approval.

Thirty-first runoff storage and water allocation should take into account the needs of water use, shipping, bamboo and wood exile, fishery and ecological environment protection in the upstream and downstream and the left and right banks.

The water allocation scheme across administrative regions shall be formulated by the water administrative department of the people's government at the next higher level after soliciting the opinions of the relevant local people's governments, and shall be implemented after being approved by the people's government at the same level.

Article 32 The State applies a water intake permit system to those who take water directly from underground or rivers and lakes. Family life, livestock and poultry drinking or other small amounts of water, do not need to apply for water permit.

The steps, scope and measures for implementing the water permit system shall be formulated by the State Council.

Thirty-third new construction, expansion and reconstruction projects, the need to apply for water permits, the construction unit shall submit a design task book, accompanied by a written opinion of the water application and approval authority.

Thirty-fourth the use of water supplied by water supply projects, should be in accordance with the provisions of the water supply unit to pay water charges.

Units that directly take water from underground in cities collect water resource fees; Others who directly take water from underground or rivers and lakes may decide to levy water resources fees by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Measures for the collection of water fees and water resources fees shall be formulated by the State Council.

Thirty-fifth water disputes between regions should be resolved through consultation in the spirit of mutual understanding, mutual accommodation and unity and cooperation; If negotiation fails, it shall be handled by the people's government at the next higher level. Before the water dispute is settled, without the consent of all parties or the approval of the people's government at the next higher level, no party may build drainage, water blocking, water diversion and water storage projects within a certain range on both sides of the boundary line stipulated by the state, and may not unilaterally change the current situation of water.

Thirty-sixth water disputes between units and individuals, units and individuals should be resolved through consultation or mediation. If the parties are unwilling to solve the problem through consultation or mediation, or negotiation or mediation fails, they may request the local people's government at or above the county level or its authorized competent department to handle it, or they may directly bring a suit in a people's court; If a party refuses to accept the decision of the relevant people's government or its authorized competent department, it may bring a lawsuit to the people's court within 15 days from the date of receiving the notice.

Before the water dispute is settled, the parties may not unilaterally change the status quo of water.

Thirty-seventh people's governments at or above the county level or the competent departments authorized by them have the right to take temporary measures when dealing with water disputes, and the parties must obey them.

Chapter V Flood Control and Flood Fighting

Thirty-eighth people's governments at all levels should strengthen leadership and take measures to do a good job in flood control and flood fighting. All units and individuals have the obligation to participate in flood control and flood fighting.

Article 39 The flood control headquarters of the people's governments at or above the county level shall exercise unified command over flood control and flood fighting.

In case of flood control emergency, the flood control headquarters has the right to call the needed materials, equipment and personnel within its jurisdiction, and shall return them in time or give appropriate compensation afterwards.

Article 40 People's governments at or above the county level shall formulate flood control plans and determine flood control standards and measures in accordance with the principles of river basin planning, giving consideration to the general situation and highlighting key points. Flood prevention schemes for major rivers in China are compiled by the Central Flood Control Headquarters and submitted to the State Council for approval.

After the flood prevention plan is approved or formulated, the relevant local people's governments must implement it.

Article 41 In flood control rivers, flood detention areas and flood storage areas, land use and various constructions must meet the requirements of flood control.

Article 42 In accordance with the natural water flow potential, the design standards for flood control and drainage projects or the approved operation plan, no obstacles shall be set up in the downstream area to block water or reduce the water capacity of the river; The upstream area shall not increase the flow without authorization.

Article 43 In case of flood emergency, flood control headquarters at all levels may, within their jurisdiction, adopt flood diversion and storage measures according to the approved flood diversion and storage scheme. If flood diversion and storage measures are harmful to adjacent areas, they must be reported to the flood control headquarters at the next higher level for approval, and the relevant areas shall be notified in advance.

The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall respectively formulate special management measures for the safety, transfer, life, production, rehabilitation and loss compensation of residents in flood storage and detention areas and flood storage areas under their jurisdiction.

Chapter VI Legal Liability

Article 44 Whoever, in violation of the provisions of this Law, takes water, intercepts water, blocks water or drains water, thus causing obstruction or losses to others, shall stop the infringement, remove the obstruction and compensate for the losses.

Article 45 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the water administrative department of the local people's government at or above the county level or the relevant competent department to stop the illegal act, remove obstacles within a time limit or take other remedial measures, and may also be fined; The relevant responsible personnel may be given administrative sanctions by their units or the competent authorities at higher levels:

(1) Dumping or stacking objects that hinder flood discharge and navigation in rivers, lakes, reservoirs and canals, planting trees and tall crops that hinder flood discharge, dumping sunken ships in navigation channels, setting fishing gear that hinders navigation, and planting aquatic plants;

(two) without approval, the construction of buildings on riverbeds and floodplains;

(three) without approval or not in accordance with the approved scope and mode of operation, sand mining and gold mining in rivers and waterways;

(4) Reclaiming lakes and rivers in violation of the provisions of Article 27 of this Law.

Article 46 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the water administrative department of the local people's government at or above the county level or the relevant competent department to stop the illegal act, take remedial measures and may also be fined; The relevant responsible personnel may be given administrative sanctions by their units or higher authorities; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law:

(a) unauthorized construction of water projects or regulation of rivers and waterways;

(2) In violation of the provisions of Article 42 of this Law, increasing flood drainage and drainage in the lower reaches or obstructing flood drainage and drainage in the upper reaches without authorization.

Article 47 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the water administrative department of the local people's government at or above the county level or the relevant competent department to stop the illegal act, compensate the losses, take remedial measures and may also be fined; Those who should be given administrative penalties for public security shall be punished in accordance with the regulations on administrative penalties for public security; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law:

(1) destroying water projects, dikes, revetments and other related facilities, and destroying flood control facilities, hydrological monitoring facilities, hydrogeological monitoring facilities and navigation and navigation aids;

(two) blasting, drilling wells, quarrying, borrowing soil and other activities that endanger the safety of water projects within the scope of protection of water projects.

Forty-eighth if a party refuses to accept the decision on administrative punishment, it may, within fifteen days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice. If a party fails to apply for reconsideration or bring a suit in a people's court within the time limit, and fails to perform the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Those who refuse to accept the administrative penalties for public security shall be dealt with in accordance with the regulations on administrative penalties for public security.

Article 49 Whoever steals or robs flood control materials and water engineering equipment, embezzles or misappropriates state funds and materials for disaster relief, emergency rescue, flood control and resettlement shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.

Article 50 If the staff of the water administrative department or other competent departments or water project management units neglect their duties, abuse their powers or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or the competent authorities at higher levels; Those who cause great losses to public property and the interests of the state and the people shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.

Chapter VII Supplementary Provisions

Article 51 Where there are different provisions between the international treaties and agreements on international or national rivers and lakes and the laws of People's Republic of China (PRC), the provisions of the international treaties and agreements shall apply. However, the provisions reserved by People's Republic of China (PRC) are excluded.

Article 52 the State Council may formulate implementing regulations in accordance with this Law.

The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for implementation in accordance with this Law.

Article 53 This Law shall come into force as of July 2008 1988.

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