Adopted at the 24th Meeting of the Standing Committee of the
Sixth National People's Congress on January 21, 1988; revised at
the 29th Meeting of the Standing Committee of the Ninth National
People's Congress on August 29, 2002 and promulgated by Order No.74
of the President of the People's Republic of China on August 29,
2002
Chapter I?General Provisions
Article 1?This Law is enacted for the purposes of
rationally developing, utilizing, conserving and protecting water
resources, preventing and controlling water disasters, bringing
about sustainable utilization of water resources, and meeting the
need of national economic and social development.?
Article 2?This Law is applicable to development,
utilization, conservation, protection and management of water
resources and to prevention and control of water disasters within
the territory of the People's Republic of China.?
The water resources referred to in this Law include surface
water and groundwater.?
Article 3?Water resources are owned by the State. The State
Council, on behalf of the State, exercises the right of ownership
of water resources. The water of ponds belonging to rural economic
collectives and the water of reservoirs built and managed by such
collectives shall be used by the collectives
respectively.?
Article 4?In developing, utilizing, conserving and
protecting water resources and preventing and controlling water
disasters, emphasis shall be placed on overall planning and
all-round consideration, on both the root cause and symptoms, and
on multipurpose use, efficiency, and the multiple function of water
resources, and attention shall be paid to coordinated use of water
in people's daily lives, in production and operation and in
ecological environment.?
Article 5?People's governments at or above the county level
shall pay special attention to construction of water conservancy
infrastructures, and incorporate it into their plans of national
economic and social development.?
Article 6?The State encourages units and individuals to
develop and use water resources in accordance with law, and
protects their legitimate?rights and interests. Any unit or
individual that develops and uses water resources has the
obligation of protecting water resources in accordance with
law.?
Article 7?For water resources, the State applies, in
accordance with law, the system of licensing for water-taking and
the system of compensation for use of water, except for water of
the ponds and reservoirs belonging to rural economic collectives
that is used by such collectives and their members. The
administrative department for water resources under the State
Council is responsible for making arrangements for implementing the
system of licensing for water-taking and the system of compensation
for use of water throughout the country.?
Article 8?The State encourages strict economy on the use of
water, greatly promotes water-conserving measures, spreads the use
of new technologies and techniques for water-conserving, develops
water-conserving industries, agriculture and services, and builds a
water-conserving community.?
People's governments at all levels shall adopt measures to
improve management of water conservation, establish a system for
developing and promoting the use of water-conserving technologies,
and foster and develop water-conserving industries.?
All units and individuals shall have the obligation of
economizing on water.?
Article 9?For the purpose of protecting water resources,
the State adopts such effective measures as protection of
vegetation, planting of trees and grass, conservation of water
sources, prevention and control of soil erosion and water-body
pollution, and improvement of ecological environment.?
Article 10?The State encourages and supports research,
extension and application of advanced science and technology in
development, utilization, conservation, protection and management
of water resources, and in prevention and control of water
disasters.?
Article 11?Units and individuals that have made outstanding
achievements in development, utilization, conservation, prevention
or management of water resources, or in prevention and control of
water disasters shall be rewarded by people's
governments.?
Article 12?For water resources the State applies the system
under which management of river basins is combined with management
of administrative regions.?
The administrative department for water resources under the
State Council is responsible for unified management of and
supervision over water resources throughout the country.?
The institutions for river basin management (hereinafter
referred to as river basin authorities, in short), set up by the
administrative department for water resources under the State
Council for the key rivers and lakes defined as such by the State,
shall perform the duties of water resources management and
supervision, within the limits of their jurisdiction, specified by
laws and administrative regulations and assigned to them by the
said department.?
The administrative departments for water resources under the
local people's governments at or above the country level shall,
within the limits of their specified powers, be responsible for
unified management of and supervision over the water
resources.?
Article 13?The relevant departments under the State Council
shall, in conformity with the division of their duties, be
responsible for work relating to the development, utilization,
conservation and protection of water resources.?
The relevant departments under the local people's governments at
or above the country level shall, in conformity with the division
of their duties, be responsible for the development, utilization,
conservation and protection of water resources within their
administrative regions.?
Chapter II?Planning for Water
Resources
Article 14?The State formulates strategic plans for water
resources across the land.?
Unified plans shall, on the basis of river basins and regions,
be made for the development, utilization, conservation and
protection of water resources and for prevention and control of
water disasters. The plans shall be divided into river basin plans
and regional plans. The river basin plans shall include
comprehensive river basin plans and special river basin plans; the
regional plans shall include comprehensive regional plans and
special regional plans.?
The comprehensive plans mentioned in the preceding paragraph are
general outline drawn, in light of the need of economic and social
development and the present conditions of water resources
development and utilization, for the development, utilization,
conservation and protection of water resources and for prevention
and control of water disasters. The special plans mentioned in the
preceding paragraph are plans for flood control, waterlogging
prevention, irrigation, navigation, water supply, hydropower
generation, bamboo and log rafting, fishery, water resources
protection, water and soil conservation, prevention and control of
sedimentation, conservation of water, etc.?
Article 15?The plan for a region within a river basin shall
be subordinated to the plan for the river basin, and the special
plan shall be subordinated to the comprehensive plan.?
Comprehensive river basin plans and comprehensive regional plans
as well as the special plans closely related to land use shall be
coordinated with the plans for national economic and social
development, the general plans for land use and general urban plans
and plans for environmental protection, and at the same time the
needs of various regions and industries shall be taken into
consideration.?
Article 16?Comprehensive scientific survey, investigation
and assessment of water resources shall be conducted before a plan
is formulated. Such survey, investigation and assessment shall be
arranged by the administrative department for water resources under
the people's government at or above the county level, in
conjunction with the relevant departments at the same
level.?
People's governments at or above the county level shall pay
special attention to establishment of an information system for
hydrology and water resources. The administrative departments for
water resources under such governments and the river basin
authorities shall pay special attention to dynamic monitoring of
water resources.?
The basic hydrological data shall be made public in accordance
with the relevant regulations of the State.?
Article 17?The comprehensive river basin plans for key
rivers and lakes defined as such by the State Shall be worked out
by the administrative department for water resources under the
State Council, in conjunction with the relevant departments under
the State Council and the relevant people's governments of
provinces, autonomous regions or municipalities directly under the
Central Government, and they shall be submitted to the State
Council for approval. The comprehensive river basin plans and
comprehensive regional plans for other rivers and lakes that run or
straddle across provinces, autonomous regions or municipalities
directly under the Central Government shall be worked out by the
relevant river basin authorities, in conjunction with the
administrative departments for water resources and the relevant
departments under the people's governments of the provinces,
autonomous regions or municipalities directly under the Central
Government where the rivers run across or the lakes are located,
and these plans shall be examined and commented by the relevant
people's governments of the provinces, autonomous regions or
municipalities directly under the Central Government, before they
are submitted to the administrative department for water resources
under the State Council for examination and verification; the
administrative department for water resources under the State
Council shall consult the relevant departments under the State
Council before submitting the plans to the State Council, or the
department authorized by it, for approval.?
The comprehensive river basin plans and comprehensive regional
plans for rivers and lakes other than the ones specified in the
preceding paragraph shall be worked out by the administrative
departments for water resources under the local people's
governments at or above the county level, in conjunction with the
relevant departments at the same level and local people's
governments concerned, and they shall be submitted to the people's
governments at the same level, or the departments authorized by the
governments, for approval, before they are submitted to the
administrative departments for water resources at the next higher
level for the record.?
Special plans shall be worked out by the relevant departments
under the people's governments at or above the county level, and
they shall be submitted to the said people's governments for
approval after the other relevant departments at the same level are
consulted. With respect to plans for flood control and water and
soil conservation, they shall be made and approved in accordance
with the relevant provisions in the Flood Control Law and the Law
on Water and Soil Conservation respectively.?
Article 18?Once a plan is approved, it shall be implemented
to the better.
Wherever the approved plan needs to be amended, the amended plan
shall, according to the procedure for the formulation of plans, be
subject to approval by the original authority that gives approval
to the plan.?
Article 19?Waterworks shall be built in conformity with the
comprehensive river basin plans. For construction of any waterwork
on the key river and lake defined as such by the State or on the
river or lake that runs or straddles across provinces, autonomous
regions or municipalities under the Central Government, the
relevant river basin authority shall, before the feasibility study
report on the waterwork is submitted for approval, examine whether
the waterwork conforms to the comprehensive river basin plan, write
down their comments and sign. For construction of waterworks on
other rivers and lakes, the administrative departments for water
resources of the local people's governments at or above the county
level shall, before the feasibility study reports of the waterworks
are submitted for approval and within the limits of their
administrative powers, examine whether the waterworks conform to
the comprehensive river basin plans, write down their comments and
sign. Where a waterwork is related to flood control, it shall be
constructed in accordance with the relevant provisions in the Flood
Control Law; if it is related to other regions or industries, the
unit that launches the waterwork shall solicit comments from the
relevant regions and departments in advance.
Chapter III?Water Resources Development and
Utilization
Article 20?In developing and utilizing water resources, the
principles of combining promotion of what is beneficial with
elimination of what is harmful, taking into account the interests
of the regions in both the upper and lower reaches and on both the
right and left banks of a river and the interests among the
relevant regions, giving full play to the overall benefits of water
resources, and subordinating to the overall arrangements for flood
control shall be adhered to.?
Article 21?In developing and utilizing water resources,
attention shall first be paid to satisfying the urban inhabitants'
need of water in their daily lives, while taking into consideration
the need of water in agriculture, industry and ecological
environment, and the need of navigation, etc.?
In developing and utilizing water resources in arid and
semi-arid areas, full consideration shall be given to the need of
water in ecological environment.
Article 22?For diversion of water across river basins,
all-round planning and scientific demonstration shall be needed,
overall consideration shall be given to the need of water by both
the river basins where water is diverted from and the river basins
where water is diverted to, and damages to ecological environment
shall be prevented.
Article 23?Local people's governments at all levels shall
make rational arrangements for development and multipurpose use of
water resources in light of the actual conditions of the local
water resources on the principle of unified control over
development of surface water and groundwater, combination of the
tapping of new resources with water conservation, giving priority
to water conservation, and recycling sewage water.?
Plans for national economic and social development and general
urban plans shall be formulated and major construction projects
shall geographically be distributed in such a way as to suit the
local conditions of water resources and the need of flood control,
and scientific demonstration shall be needed. In areas with
insufficient water resources, limitations shall be set on the scale
of cities and on construction of industrial, agricultural and
service projects that consume large amounts of water.
Article 24?In respect of areas that are short of water
resources, the State encourages the collection, development and
utilization of rainwater and slightly salty water, as well as the
exploitation and desalination of seawater.?
Article 25?Local people's governments at various levels
shall provide better guidance in respect of irrigation, draining of
waterlogged fields, and water and soil conservation, in order to
promote the development of agricultural production. In areas that
are prone to salinization and floodwater hazards, measures shall be
taken to control or lower the groundwater level.
Where rural economic collectives or their members, in accordance
with law, invest in construction of waterworks on land owned by the
collectives or on land contracted, they shall, on the principle of
"those who invest in construction shall manage and receive the
benefits", manage and make rational use of the waterworks and the
water stored.
Construction of reservoirs by rural economic collectives shall
be subject to approval by the administrative departments for water
resources under the people's governments at or above the county
level.?
Article 26?The State encourages the development and
utilization of hydroenergy resources. On rivers rich in
hydroenergy, multi-purpose and -cascade development shall be
promoted in a planned manner.
In construction of hydropower stations, attention shall be paid
to protection of the ecological environment, and consideration
shall, at the same time, be given to the needs of flood control,
water supply, irrigation, navigation, bamboo and log rafting,
fishery, etc.?
Article 27?The State encourages the development and
utilization of water transport resources. When having permanent
dams or sluice gates built across the migration routes of aquatic
life or across rivers for navigation or bamboo and log rafting, the
units that launch such projects shall have facilities for the
passage of fish and ships or for bamboo and log rafting built
simultaneously, or take other remedial measures upon approval by
the departments authorized by the State Council and, in addition,
they shall make proper arrangements for protection of aquatic life,
for navigation, and for bamboo and log rafting during the period of
construction and water-storing and bear all the expenses incurred
thereby.
Where a non-navigable river or man-made waterway becomes
navigable after a dam or sluice-gate is built across it, the unit
that launches the project shall simultaneously have facilities
built for the passage of ships or sites reserved for such
facilities.
Article 28?No unit or individual may divert, intercept
(store) or drain off water at the expense of public interests or
another person's legitimate rights and interests.
Article 29?The State applies a development-oriented policy
with regard to construction of waterworks that involves relocation
of people and, on the principle of combining compensation or
subsidies given in the early stage with assistance given in the
later stage, makes proper arrangements for production and daily
lives of the relocated people and protects their legitimate rights
and interests.?
Arrangements for relocated people shall be made simultaneously
with the construction of the projects. The unit launching the
construction project shall, on the basis of the ambient capacity of
the places where people are to be located and the principle of
sustainable development, work out a plan for arrangements to be
made for such people in light of the local conditions, which, upon
approval in accordance with law, shall be implemented through
arrangement by the local people's government concerned. Funds
needed for relocation of people shall be included in the investment
plan for construction of the project.
Chapter IV?Protection of Water Resources, Water
Areas and Waterworks
Article 30?When working out plans for development and
utilization of water resources and for distribution of water
resources, the administrative departments for water resources under
the people's governments at or above the county level, the river
basin authorities and the other departments concerned shall pay
attention to maintaining a proper flow of rivers and keeping the
lakes, reservoirs and groundwater at a proper water level in order
to maintain the natural purification capability of the water
body.?
Article 31?Any unit or individual engaged in activities
concerning water, such as development, utilization, conservation
and protection of water resources and prevention and control of
water disasters, shall follow the approved plans. Where a unit or
individual that acts against the plans and thus causes the lowering
of the use functions of the rivers or lakes, overexploitation of
groundwater, sinking of land surface or pollution of water bodies
shall bear the responsibility of bringing such phenomenon under
control.
Where dredging or draining of water, necessitated by mining
construction of underground project, results in the lowering of
groundwater level, drying up of water sources or subsidence of
ground, the unit that launches the mining or the construction
project shall take remedial measures, and where losses are caused
to other people's lives and production, it shall compensate for the
losses in accordance with law.?
Article 32?The administrative department for water
resources under the State Council shall, in conjunction with the
administrative department for environmental protection and the
relevant department under the State Council and the relevant
people's governments of provinces, autonomous regions or
municipalities directly under the Central Government and in line
with the comprehensive river basin plans, water resources
protection plans and the need of economic and social development,
divide water function zones along key rivers and lakes defined as
such by the State, which shall be submitted to the State Council
for approval. Such zones along other rivers and lakes across
provinces, autonomous regions or municipalities directly under the
Central Government shall be divided by the relevant river basin
authorities, in conjunction with the administrative departments for
water resources, for environmental protection and other departments
concerned under the people's governments of the provinces,
autonomous regions or municipalities directly under the Central
Government where rivers and lakes are located, which shall be
examined by, and on which comments shall be solicited respectively
from, the relevant people's governments of provinces, autonomous
regions or municipalities directly under the Central Government,
before they are further examined by the administrative department
for water resources under the State Council in conjunction with the
administrative department for environmental protection under the
State Council, and then they shall be submitted to the State
Council or the department authorized by it for approval.?
Water function zones along rivers and lakes other than the ones
specified in the preceding paragraph shall be divided by the
administrative departments for water resources under the local
people's governments at or above the county level, in conjunction
with the administrative departments for environmental protection
and the departments concerned under the people's governments at the
same level, and shall be submitted to the people's governments at
the same level or the departments they authorized for approval, and
to the administrative departments for water resources and for
environmental protection under the people's governments at the next
higher level for the record.?
The administrative department for water resources under the
people's government at or above the county level or the river basin
authority shall, on the basis of the water quality required by a
water function zone and the natural purification capacity of the
water bodies of the zone, check and define the pollution-receiving
capacity of the water areas there and make proposals to the
administrative department for environmental protection on
limitation of the total amount of pollution discharged to the said
areas.?
The administrative departments for water resources under the
local people's governments at or above the county level or river
basin authorities shall monitor the quality of water in water
function zones and, when discovering that the total amount of major
pollutants discharged exceeds the control norm or water quality in
water function zones falls short of the standard required by the
use function of the water areas, promptly report the matter to the
people's government concerned for taking control measures and
report to the administrative departments for environmental
protection in a circular.?
Article 33?The State establishes a protection system for
zones of drinking water sources. The people's governments of
provinces, autonomous regions or municipalities directly under the
Central Government shall define the drying-up of the water sources
and pollution of the water bodies, for the purpose of ensuring town
and county residents' safety in respect of drinking water.
Article 34?Construction of any outlet for sewage discharge
in the protection zones of drinking water sources is
prohibited.?
Construction, reconstruction or expansion of a sewage discharge
outlet along rivers or lakes shall be subject to permission by the
administrative department for water resources or the river basin
authority that has jurisdiction over the matter, and the
administrative department for environmental protection shall be
responsible for examination of the written report on the impact of
the construction project on the environment before giving
approval.
Article 35?Where a construction project occupies water
sources for agricultural irrigation or irrigation and drainage
facilities, or has an adverse effect on the original water for
irrigation and sources for water supply, the unit that launches the
project shall take the necessary remedial measures. Where losses
are caused, it shall compensate for the losses in accordance with
law.?
Article 36?In areas where groundwater is overexploited, the
local people's governments at or above the county level shall take
measures to keep exploitation of groundwater under strict control.
In areas where groundwater was overexploited to a serious extent,
certain areas may, upon approval by the people's governments of
provinces, autonomous regions or municipalities directly under the
Central Government, be defined as areas where exploitation of
groundwater is prohibited or restricted. Exploitation of
groundwater in coastal areas shall undergo scientific
demonstration, and measures shall be taken to prevent sinking of
land surface and encroachment by seawater.
Article 37?No one may throw away or pile up objects or
plant forest trees or high stalk crops in rivers, lakes,
reservoirs, canals or channels, which block the passage of flood
water.?
No one may, in areas under river course control, put up
buildings or structures that block the passage of flood water, or
engage in activities that adversely affect the stability of the
river condition or endanger the safety of the river embankment or
other activities that block the passage of flood water through the
river course.?
Article 38?In an area under river course control,
construction of a bridge, wharf or other building or structure that
blocks, spans or borders on a river, or laying of pipes or cables
across a river, shall meet the flood control standard and other
relevant technical requirements specified by the State, and the
plans made for construction of the project shall, in accordance
with the relevant provisions in the Flood Control Law, be submitted
to administrative department for water resources for examination
and approval.?
Where for the construction of a project mentioned in the
preceding paragraph it is necessary to expand, rebuild, dismantle
or damage the existing waterworks, the unit launching the
construction project shall bear the expenses incurred by the
expansion and rebuilding or compensate for the losses incurred,
except where the existing works are unauthorized.
Article 39?The State applies a licensing system for sand
quarrying in river courses. Measures for implementing the licensing
system for sand quarrying in river courses shall be formulated by
the State Council.
Where sand quarrying in areas under river course control that
may adversely affect the stability of the river condition or
endanger safety of the dykes, the administrative departments for
water resources under the relevant people's governments at or above
the county level shall delimit no-quarry areas or fix no-quarry
periods, which they shall make known to the general public.
Article 40?Reclaiming parts of a lake for use as farmland
is prohibited. The parts already reclaimed shall be restored as
parts of the lake in a planned way according to the flood control
standard formulated by the State.?
Reclaiming parts of a river course for use as farmland is
prohibited. Where it is really necessary to do that, the matter
shall be subject to scientific demonstration and to permission by
the administrative department for water resources under the
people's government of a province, autonomous region or
municipality directly under the Central Government or by the
administrative department for water resources under the State
Council, before it is submitted to the people's government at the
corresponding level for approval.?
Article 41?All units and individuals have the obligation of
protecting waterworks, none of them may occupy or damage dykes,
bank revetments, flood control facilities or equipment for
hydrological monitoring or hydro-geological monitoring.?
Article 42?Local people's governments at or above the
county level shall take measures for safeguarding the waterworks
within their administrative areas, especially the safety of dams
and dykes, and eliminate dangers within a given time limit. The
administrative departments for water resources shall strengthen
supervision over the safety of waterworks.?
Article 43?The State protects waterworks. The scope of
management and protection of the waterworks owned by the State
shall be defined according to the regulations of the State
Council.?
The scope of management and protection of the waterworks under
the control of the administrative department for water resources
under the State Council or the river basin authority shall be
defined by the said department or authority, through consultation
with the people's government of the relevant province, autonomous
region or municipality directly under the Central
Government.?
The scope and duty of protection for waterworks other than the
ones mentioned in the preceding paragraph shall be defined in
accordance with the regulations of the people's governments of
provinces, autonomous regions or municipalities directly under the
Central Government.?
Within the scope of protection for waterworks, activities such
as blasting, well digging, quarrying and earth digging that may
adversely affect the operation or endanger the safety of waterworks
are prohibited.
Chapter V?Allocation and Economical Use of Water
Resources
Article 44?The administrative department for development
and planning and the administrative department for water resources
under the State Council are responsible for macro-allocation of the
water resources nationwide. The medium and long-term plans of water
supply and demand for the whole country or such plans that cover
more than one province, autonomous region or municipality directly
under the Central Government shall be drawn up by the
administrative department for water resources under the State
Council, in conjunction with the departments concerned, and shall
be implemented after examination and approval by the administrative
department for development and planning under the State Council.
The local medium and long-term plans for water supply and demand
shall, on the basis of the medium and long-term plans for water
supply and demand at the next higher level and in light of the
actual local conditions, be drawn up by the administrative
departments for water resources under the local people's
governments at or above the county level, in conjunction with the
departments concerned at the same level, and the plans shall be
implemented after examination and approval by the administrative
departments for development and planning under the people's
governments at the same level.?
The medium and long-term plans for supply and demand of water
shall be drawn up on the basis of the current supply and demand of
water, plans for national economic and social development, river
basin plans and regional plans and on the principle of coordinated
supply and demand of water resources, comprehensive balancing of
all interests, protection of ecology, strictly practicing of
economy and rational development of water resources.?
Article 45?For regulating runoff and storing water, and for
allocating the volume of water, a river basin shall be made a unit
in formulating water allocation plans in accordance with the river
basin plans and the medium and long-term plans of water supply and
demand.
Water allocation plans and preliminary plans for water
distribution under drought and emergency conditions that cover more
than one province, autonomous region or municipality directly under
the Central Government shall be worked out by the river basin
authorities through consultation with the relevant people's
governments of provinces, autonomous regions or municipalities
directly under the Central Government, which shall be implemented
upon approval by the State Council or the department authorized by
the State Council. Other water allocation plans and preliminary
plans for water distribution under drought and emergency conditions
that cover more than one administrative region shall be worked out
by the same administrative department for water resources under the
people's government at the next higher level through consultation
with the relevant local people's governments, which shall be
implemented upon approval by the people's governments which the
administrative regions belong to respectively.
Water allocation plans and the preliminary plans for water
distribution under drought and emergency conditions shall be
executed by the local people's governments concerned.
Projects for development and utilization of water resources to
be constructed across rivers bordering on different administrative
regions shall conform to the approved water allocation plans for
the river basins in question and shall be submitted by the relevant
local people's governments at or above the county level to the same
administrative department for water resources under the people's
government at the next higher level or the relevant river basin
authority for approval.
Article 46?The administrative departments for water
resources under the local people's governments at or above the
country level or the river basin authorities shall, on the basis of
the approved water allocation plans and the predicted annual volume
of in-coming water, work out annual water allocation plans and
distribution plans for unified distribution of the volume of water,
and the local people's governments concerned shall follow
them.?
Annual water allocation plans for the key rivers and lakes
defined as such by the State shall be incorporated into the annual
plans for national economic and social development.?
Article 47?The State applies a system for the use of water
under which control over the total volume is combined with control
over the quotas.?
The administrative departments for the relevant trades under the
people's governments of provinces, autonomous regions and
municipalities directly under the Central Government shall set
quotas for water use by different trades in their administrative
regions, which shall be submitted to the administrative departments
for water resources and the administrative departments for quality
supervision and inspection at the same level for examination and
permission, before the quotas are made known to the public by the
people's governments of the provinces, autonomous regions and
municipalities directly under the Central Government, and are
submitted to the administrative department for water resources
under the State Council and the administrative department for
quality supervision and inspection under the State Council for the
record.?
The administrative departments for development and planning
under the local people's governments at or above the county level
shall, in conjunction with the administrative departments for water
resources at the same level and on the basis of the quotas for
water use, the economic and technical conditions and the volume of
water available for use in their administrative regions as is
determined in the water allocation plans, work out their annual
plans for water use, in order to exercise control over the total
volume of water to be used in their administrative regions
annually.
Article 48?Any unit or individual that takes water and uses
water resources directly from a river or lake or from the
underground shall, in accordance with the regulations of the
licensing system of the State for water-taking and the system for
compensated use of water resources, apply to the administrative
department for water resources or the river basin authority for a
water-taking license and pay water resources fees, in order to
acquire the right to take water, except where only a small amount
of water is taken for domestic use or for drinking by poultry and
livestock reared outdoors or in pens.?
Specific measures for implementing the licensing system for
water-taking and for collecting fees for management of water
resources shall be formulated by the State Council.
Article 49?The use of water shall be measured and water
shall be used in accordance with the approved plan for water
use.?
For the use of water, the system shall be applied under which a
fee shall be charged on the basis of the amount of water used and a
progressive higher price shall be charged for the amount that
exceeds the quota.
Article 50?People's governments at all levels shall promote
water-conserving irrigation methods and water-conserving
technologies, and shall take necessary measures to prevent seepage
in agricultural projects for storing and transmitting water, in
order to increase the efficiency of water use in agriculture.
Article 51?For use of water in industry, advanced
technology, techniques and equipment shall be applied to increase
the frequency of the use of circulated water and the ratio of the
use of recycled water.?
The State gradually eliminates the techniques, equipment and
products that are outdated and are of high water-consumption. The
specific list for them shall be complied and published by the
department for comprehensive administration of the economy under
the State Council, in conjunction with the administrative
department for water resources and the relevant departments under
the State Council. Manufacturers, sellers and users in the process
of production and operation shall, within a specified time limit,
desist form manufacturing, selling or using the techniques,
equipment and products included in the list.
Article 52?Urban people's governments shall take effective
measures, as are suited to local conditions, to promote the use of
water-conserving household utensils, lower the leakage rate of the
urban water supply network and increase the efficiency of domestic
water use; they shall pay attention to centralized treatment of
sewage water in cities and encourage the use of recycled water, in
order to increase the utilization ratio of recycled sewage
water.?
Article 53?For construction, expansion or reconstruction of
a project, plans for water-conserving measures shall be worked out
to build water-conserving facilities in support of the project. The
water-conserving facilities shall be designed, constructed and put
into operation simultaneously with the principal part of the
project.
Water-supply enterprises and units that build their own
water-supply facilities shall pay special attention to maintenance
of the facilities to reduce water loss.?
Article 54?People's governments at all levels shall take
effective measures to improve the conditions of drinking water for
town and country residents.?
Article 55?Where water is supplied by waterworks, the user
shall, in accordance with the regulations of the State, pay charges
to the water-supply unit. The price of water supply shall be fixed
in accordance with the principle of compensating for the cost,
gaining reasonable benefits, paying good money for good quality and
fair sharing of the cost. The specific measures shall be formulated
by the administrative departments for pricing under the people's
governments at or above the provincial level, in conjunction with
the administrative departments for water resources or
administrative departments for water supply at the same level,
within the limits of their powers.?
Chapter VI?Resolution of Water Disputes and
Supervision?over and Inspection of
Law-enforcement
Article 56?Where a dispute over water arises between
different administrative regions, it shall be resolved through
consultation. If consultation is unsuccessful, it shall be subject
to ruling by the people's government at the next higher level,
which the parties concerned shall strictly abide by. Pending
settlement of the dispute, none of the parties may, in the absence
of an agreement reached between the parties or approval granted by
the same people's government at the next higher level, build any
projects for draining, blocking, taking or intercepting (storing)
water or unilaterally alter the existing water regime within a
certain area on each side of the common boundary of the
administrative regions.
Article 57?Disputes over water that arise between units or
individuals or between units and individuals shall be resolved
through consultation. Where the parties are not willing to have
them resolved through consultation or where consultation is
unsuccessful, they may apply to the local people's governments at
or above the county level or the departments authorized by them for
conciliation, or institute a civil action directly in the people's
court. Where conciliation by a local people's government at or
above the county level or the department authorized by it is
unsuccessful, the parties may institute a civil action in the
people's court.
Pending settlement of the dispute over water, none of the
parties may unilaterally alter the existing water regime.?
Article 58?When dealing with a dispute over water, the
local people's government at or above the county level or the
department authorized by it shall have the power to take temporary
measures for settlement, which all the sides concerned or the
parties shall abide by.?
Article 59?The administrative departments for water
resources under the people's governments at or above the county
level and the river basin authorities shall exercise strict
supervision over and inspection of violations of this Law and
conduct investigation into and deal with them in accordance with
law.?
Supervisors and inspectors for the administration of water
resources shall be devoted to their duties and impartial in
enforcing laws.
Article 60?When performing their duties of supervision and
inspection as stipulated in this Law, the administrative
departments for water resources under the people's governments at
or above the county level, river basin authorities and supervisors
and inspectors therefrom shall have the power to take the following
measures:?
(1) requesting the units under inspection to provide the
relevant documents, certificates and materials;?
(2) requesting the unit under inspection to make explanations to
the questions related to implementation of this Law;?
(3) entering into the production sites of the unit under
inspection for investigation; and?
(4) instructing the unit under inspection to desist from
violating this Law and to fulfil their statutory
obligations.?
Article 61?The units or individuals concerned shall
cooperate with the supervision and inspection carried out by the
supervisors and inspectors for administration of water resources,
and none of them may refuse to do so or impede the said supervisors
and inspectors in performing their duties in accordance with
law.
Article 62?When performing their duties, the supervisors
and inspectors for administration of water resources shall show
their law-enforcement papers to the units or individuals under
inspection.?
Article 63?Where people's governments at or above the
county level or the administrative departments for water resources
at a higher level discover violations of law or negligence of duty
committed by the administrative department for water resources at
the same level or a lower level in supervision and inspection, they
shall order the latter to rectify within a time limit.
Chapter VII?Legal Liabilities
Article 64?Where administrative departments for water
resources or other departments concerned, or units for control of
waterworks, or their staff members, taking advantage of their
positions, accept another person's money or things of value or
other benefits, or neglect their duties, or issue licenses or sign
permission after examination to units or individuals that do not
meet the statutory requirements, or fail to allocate water in
accordance with the water allocation plans, or fail to collect
water resources fees in accordance with the relevant regulations of
the State, or fail to perform their duty of supervision, or fail to
investigate into and deal with violations of law discovered, which
thus leads to serious consequences and constitutes a crime, the
persons directly in charge and the other persons directly
responsible shall be investigated for criminal responsibility in
accordance with the relevant provisions in the Criminal Law; if the
violation is not serious enough to constitute a crime, they shall
be given administrative sanctions in accordance with law.
Article 65?Where a unit or individual, in areas under river
course control, puts up buildings or structures that block the
passage of flood water, or engages in activities that adversely
affect the stability of the river condition or safety of the river
embankment or other activities that block the passage of flood
water through the river course, the administrative department for
water resources under the people's government at or above the
county level or the river basin authority shall, within the limits
of their powers, instruct it/him to desist from the violation,
dismantle the unlawful buildings or structures within a time limit
and restore the original state. If the unit or individual fails to
dismantle the buildings or structures and restore the original
state at the expiration of the time limit, such dismantling shall
be enforced, and the unit or individual in question shall bear the
expenses incurred and shall, in addition, be fined not less than
RMB 10,000 yuan but not more than 100,000 yuan.?
Where a unit or individual, without permission by the
administrative departments for water resources or the river basin
authority, constructs other building or structure that blocks,
spans or borders on a river, or lays pipes or cables across a
river, for which no provisions are stipulated in the Flood Control
Law, the administrative department for water resources under the
people's government at or above the county level or the river basin
authority shall, within the limits of its powers, instruct it/him
to desist from the violation and to go through the necessary
formalities within a time limit. If the unit or individual fails to
go through the formalities at the expiration of the time limit or
obtains no approval, it/he shall be instructed to dismantle the
unlawful building or structure within a time limit; if the building
or structure is not dismantled at the expiration of the time limit,
dismantling shall be enforced, and the unit or individual that
violates the law shall bear the expenses incurred and shall, in
addition, be fined not less than 10,000 yuan but not more than
100,000 yuan.
Where a unit or individual, in spite of the fact that it/he has
obtained permission of the administrative department for water
resources or the river basin authority, fails to build the project
mentioned in the preceding paragraph according to requirements, the
administrative department for water resources under the people's
government at or above the county level or the river basin
authority shall, within the limits of its powers, instruct it/him
to rectify within a time limit and, depending on the seriousness of
the circumstances, impose a fine of not less than 10,000 yuan but
not more than 100,000 yuan.
Article 66?Where a unit or individual commits one of the
following acts, for which no provisions are stipulated in the Flood
Control Law, the administrative department for water resources
under the people's government at or above the county level or the
river basin authority shall, within the limits of its powers,
instruct it/him to desist from the violation, clear away the
obstructions or take other remedial measures within a time limit,
and impose a fine not less than 10,000 yuan but not more than
50,000 yuan:?
(1) throwing away or piling up objects, or planting forest trees
or high stalk crops in rivers, lakes, reservoirs, canals or
channels, which block the passage of flood water; or
(2) enclosing parts of a lake for reclamation or enclosing river
courses for reclamation without permission.?
Article 67?Where a unit or individual constructs an outlet
for sewage discharge in a protection zone of drinking water
sources, the local people's government at or above the county level
shall instruct it/him to remove the outlet and restore the original
state within a time limit; if it/he fails to comply at the
expiration of the time limit, removal of the outlet and restoration
to the original state shall be enforced, and the unit or individual
shall be fined not less than 50,000 yuan but not more than 100,000
yuan.?
Where a unit or individual, without examination and permission
by the administrative department for water resources or the river
basin authority, constructs, reconstructs or expands an outlet for
sewage discharge, the administrative department for water resources
under the people's government at or above the county level or the
river basin authority shall, within the limits of its powers,
instruct it/him to desist from the violation and to restore the
original state within a time limit, and shall impose a fine not
less than 50,000 yuan but not more than 100,000 yuan.?
Article 68?Where a unit or individual manufactures or sells
outdated or high water-consuming techniques, equipment and products
or uses them in the process of production and operation, the
department for comprehensive administration of the economy under
the local people's government at or above the county level shall
instruct it/him to desist form manufacturing, selling or using them
and shall impose a fine not less than 20,000 yuan but not more than
100,000 yuan.?
Article 69?Where a unit or individual commits one of the
following acts, the administrative department for water resources
under the people's government at or above the county level or the
river basin authority shall, within the limits of its powers,
instruct it/him to desist from the violation and to take remedial
measures within a time limit, and shall impose a fine not less than
20,000 yuan but not more than 50,000 yuan; if the circumstances are
serious, its/his water-taking license shall be revoked:?
(1) taking water without permission; or?
(2) failing to take water in accordance with the approved
requirements specified in the water-taking license.?
Article 70?Where a unit or individual refuses to pay,
delays payment of, or is in arrears with water resources fees, the
administrative department for water resources under the people's
government at or above the county level or the river basin
authority shall, within the limits of its powers, instruct it/him
to make the payment within a time limit; if it/he fails to comply
at the expiration of the time limit, it/he shall pay a surcharge
for the overdue payment at a daily rate of 0.2 percent of the total
amount, counting form the date of delay, and shall, in addition, be
fined not less than the amount but not more than five times the
amount of the water resources fees payable or payable
retroactively.
Article 71?Where a unit or individual, without permission,
puts to use water-conserving facilities of a project, the
construction of which is not completed or which, although
completed, do not measure up to the requirements specified by the
State, the relevant department under the people's government at or
above the county level or the river basin authority shall, within
the limits of its powers, instruct it/him to desist from using them
and to rectify within a time limit, and shall impose a fine not
less than 50,000 yuan but not more than 100,000 yuan.
Article 72?Where a unit or individual commits one of the
following acts, which constitutes a crime, it/he shall be
investigated for criminal responsibility in accordance with the
relevant provisions of the Criminal Law; if it is not serious
enough to constitute a crime and no provisions governing it are
stipulated in the Flood Control Law, the administrative department
for water resources under the local people's government at or above
the county level or the river basin authority shall, within the
limits of its powers, instruct it/him to desist from the violation
and take remedial measures, and shall impose a fine not less than
10,000 yuan but not more than 50,000 yuan; if the unit or
individual violates the Regulations on Punishment for Security
Administration, the public security organ shall, in accordance with
law, mete out punishment to it/him for security administration; if
losses are caused to another person, it/he shall bear the liability
to pay compensation:
(1) occupying or damaging waterworks or dykes, bank revetments
or other relevant facilities, or damaging facilities or equipment
for flood control or hydrological or hydro-geological monitoring;
or
(2) within the area of protection for waterworks, engaging in
activities that adversely affect the operation or endanger the
safety of waterworks, such as blasting, well digging, quarrying and
earth digging.?
Article 73?Anyone who takes illegal possession of, steals
or forcibly seizes supplies for flood prevention, equipment or
apparatus for flood control, drainage of waterlogged fields,
farmland irrigation and hydrological monitoring and measuring or
for other waterworks, or anyone who embezzles or misappropriates
State funds earmarked for relief of disasters, for use in
emergencies, for flood control, for arrangements and compensation
to be made for relocated people and for construction of other
waterworks, which constitutes a crime, shall be investigated for
criminal responsibility in accordance with the relevant provisions
of the Criminal Law.?
Article 74?Anyone who, in the course of a dispute over
water and of its handling, stirs up unrest, engages in gang
fighting, forcibly seizes or damages public or private property, or
illegally restricts other people's freedom of the person, which
constitutes a crime, shall be investigated for criminal
responsibility in accordance with the relevant provisions of the
Criminal Law; if the violation is not serious enough for criminal
punishment, the public security organ shall, in accordance with
law, mete out punishment to him for security administration.
Article 75?Where, when a dispute over water arises between
different administrative regions, a unit commits one of the
following acts, the persons directly in charge and the other
persons directly responsible shall be given administrative
sanctions in accordance with law:?
(1) refusing to carry out water allocation plans or preliminary
plans for water distribution;?
(2) refusing to comply with the unified distribution of the
volume of water;?
(3) refusing to abide by the ruling made by the people's
government at the next higher level; or?
(4) pending settlement of the dispute over water, in the absence
of an agreement reached between the parties or approval granted by
the people's government at the next higher level, unilaterally
altering the water regime in violation of the provisions of this
Law.?
Article 76?Any unit or individual that diverts, intercepts
or drains off water at the expense of public interests or another
person's legitimate rights and interests shall bear civil liability
in accordance with law.?
Article 77?Administrative penalties to be imposed on
violations of the licensing system for sand quarrying in river
courses, as prescribed in Article 39 of this Law, shall be drawn up
by the State Council.?
Chapter VIII?Supplementary
Provisions
Article 78?Where any international treaty or agreement
relating to international or border rivers or lakes, concluded or
acceded to by the People's Republic of China, contains provisions
differing from those in the laws of the People's Republic of China,
the provisions of the international treaty or agreement shall
apply, unless the provisions are ones on which the People's
Republic of China has declared reservation.?
Article 79?The waterworks referred to in this Law mean the
various kinds of works on rivers, lakes and underground water
sources for development, utilization, control, allocation and
distribution, and protection of water resources.?
Article 80?Seawater shall be developed, utilized, protected
and managed in accordance with the provisions in relevant laws.
Article 81?Activities for flood control shall be conducted
in accordance with the provisions in the Flood Control
Law.?
Water pollution shall be prevented and controlled in accordance
with the provisions in the Law on Prevention and Control of Water
Pollution.?
Article 82?This Law shall go into effect as of October 1,
2002.
Source: NPC