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中华人民共和国水法(二)

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  Chapter IV

  Management of the Use of Water

  Article 30 The long-term plan for the demand for and supply of water of the entire country and those of regions covering different provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the department of water administration jointly with the other relevant departments under the State Council and submitted to the planning department under the State Council for approval. A local long-term plan for the demand for and supply of water shall, on the basis of the long-term plan for the demand for and supply of water made by the department of water administration of the people's government at the next higher level and the actual local conditions, be formulated by the department of water administration jointly with the other relevant departments of a local people's government at or above the county level, and shall be submitted to the planning department of the people's government at the corresponding level for approval.

  Article 31 The regulation and storage of the runoff and the allocation of water shall take into account the demand for water in upstream and downstream areas and on both banks of a river and also the need for navigation, bamboo and log rafting and fishery and for the protection of the ecological environment.

  A plan for the allocation of water covering different administrative divisions shall be formulated by the department of water administration of the people's government at the next higher level after soliciting the opinions of the local people's governments concerned, and shall be executed after approval by the people's government at the corresponding level.

  Article 32 The state shall put into practice a license system for drawing water directly from subterranean streams, rivers or lakes. However, it shall not be necessary to apply for a license if water is drawn for household use or for livestock and poultry to drink, or if a small amount of water is drawn for other purposes.

  The steps, the scope and the measures for implementing a system of water-drawing licenses shall be stipulated by the State Council.

  Article 33 Where it is necessary to apply for a water-drawing license for a new construction project, an extension project or a reconstruction project, the construction unit shall, while submitting the design for the project, enclose written comments from the organ in charge of examining applications for the drawing of water.

  Article 34 Anyone who uses water provided by a water-supply project shall pay a water fee to the supplying unit in accordance with the relevant provisions.

  Any unit which directly draws groundwater in an urban area shall be charged a water resources fee. The collection of such fees from other units or individuals drawing water directly from subterranean streams, rivers or lakes shall be decided by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government.

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

  Article 35 Any dispute concerning water between different districts shall be handled through consultation in the spirit of mutual understanding and mutual accommodation as well as the spirit of solidarity and cooperation. Where consultations are unsuccessful, the dispute shall be handled by the people's government at the next higher level. Pending a settlement of the dispute, no party may build any project to drain, block, divert or store water within a certain area on either side of the common boundary defined by the state, and no party may unilaterally alter the existing water regime, unless and agreement is reached between the parties concerned or an approval is granted by the people's government at the next higher level.

  Article 36 Any dispute concerning water between units, between individuals or between units and individuals shall be resolved through consultation or mediation. Where a party is unwilling to have the dispute resolved through consultation or mediation, or the consultation or mediation is unsuccessful, he may request the people's government at or above the county level or the competent department authorized by such a government to handle the dispute, or may directly institute legal proceedings in the people's court. Where a party is dissatisfied with the decision made by the people's government concerned or the competent department authorized by such a government, he may institute legal proceedings in the people's court within fifteen days of receiving the notification on the decision.

  Pending a settlement of the dispute, no party may unilaterally alter the existing water regime.

  Article 37 When handing any dispute concerning water, the people's government at or above the county level, or the competent department authorized by such a government, shall have the power to take temporary measures with which the parties must comply.

  Chapter V

  Flood Prevention and Flood Fighting

  Article 38 The people's governments at all levels shall strengthen their leadership and take effective measures to prevent and fight floods. It is the duty of every unit and individual to participate in the prevention of and the fight against floods.

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

  In case of a flood emergency, the flood prevention headquarters shall have the power to requisition materials and equipment and employ personnel within their jurisdiction, which shall be returned or adequately compensated for without delay after the flood subsides.

  Article 40 The people's governments at or above the county level shall, on the basis of river basin plans and in accordance with the principle of ensuring defence at the major points and giving consideration to ordinary ones, formulate schemes for the prevention of floods, in which the standards and measures for the prevention of floods shall be specified. The schemes for the prevention of floods along major rivers throughout the country shall be formulated by the Central Flood Prevention Headquarters and submitted to the State Council for approval.

  After a scheme for the prevention of floods is approved or formulated, the people's governments concerned must execute it.

  Article 41 Along floodways and in flood detention basins and flood storage basins, the utilization of land and the various construction projects must meet the requirements for the prevention of floods.

  Article 42 People's in a downstream area may not hinder by blocking the flow of the flood water or excess water discharged according to the natural flow trend or the design standards of flood prevention or flood drainage projects, or an approved flood fighting plan, or reduce the carrying capacity of the river, while people in an upstream area may not increase without authorization the flow discharged downstream.

  Article 43 In case of a flood emergency, flood prevention headquarters at different levels may, within their jurisdiction, take measures to divert or detain the flood pursuant to the approved plans. Where these measures are detrimental to the adjoining districts, the adoption of such measures must be reported to the flood prevention headquarters at the next higher level for approval, and the districts concerned 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 separately formulate special administrative measures for the safety, evacuation, livelihood, production, rehabilitation, compensation for losses, etc. For the inhabitants in the flood detention basins and the flood storage basins within their respective jurisdiction.

  Chapter VI

  Legal Liability

  Article 44 Whoever, in viloation of this Law, draws, intercepts, blocks or discharges water and thereby causes obstruction or losses to others shall stop his acts of infringement, remove the obstruction and compensate for the losses.

  Article 45 Whoever, in violation of this Law, commits any of the following acts shall be ordered, by the department of water administration or another competent department concerned of the relevant local people's government at or above the county level, to stop his illegal act and clear away the obstacles or take other remedial measures within the specified time limit, and may be concurrently fined; the person who is responsible may be given administrative sanctions by the unit to which he belongs or by the competent authority at a higher level:

  (1) abandoning or piling objects which obstruct navigation or the passage of flood, or planting trees and growing crops of a long-stalk variety which obstruct the passage of flood in any river, lake, reservoir or canal, or abandoning sunken vessels, laying fishing gear which obstructs navigation, or growing aquatic plants in any navigable river;

  (2) erecting buildings in any riverbed or flood land without approval;

  (3) mining for sand and gravel or placer gold in any river course or navigable river without approval or not in conformity with the approved scope and operation procedures; or

  (4) reclaiming parts of any lake or river for use as farmland in violation of the provisions of Article 27 of this Law.

  Article 46 Whoever, in violation of this Law, commits any of the following acts shall be ordered, by the department of water administration or another competent department concerned of the relevant local people's government at or above the county level, to stop his illegal act and take remedial measures and may be concurrently fined; the person who is responsible may be given administrative sanctions by the unit to which he belongs or by the competent authority at a higher level and, where a crime is constituted, he shall be prosecuted for criminal responsibility in accordance with the Criminal Law:

  (1) constructing any water project or realigning any river or course of navigation without authorization; or

  (2) in violation of the provisions of Article 42 of this Law, increasing the discharge of flood or drainage of excess water downstream or himdering the discharge of flood or drainage of excess water from upstream without authorization.

  Article 47 Whoever, in violation of this Law, commits any of the following acts shall be ordered, by the department of water administration or another competent department concerned of the relevant local people's government at or above the county level, to stop his illegal act, compensate for the losses caused and take remedial measures, and may be concurrently fined; where a penalty for violation of public security should be given, the person shall be given a penalty in accordance with the Regulations on Administrative Penalties for Public Security; where a crime is constituted the person shall be prosecuted for criminal responsibility in accordance with the Criminal Law:

  (1) damaging any water project or related facilities such as dikes and bank revetments, damaging any flood prevention facilities, hydrologic monitoring facilities, hydrogeologic monitoring facilities, or navigation facilities or aids; or

  (2) carrying out, within the protection zone for a water project, any act of blasting, sinking a well, quarrying rock, or collecting earth, etc., which endangers the safety of the project.

  Article 48 If any party is not satisfied with the decision on an administrative penalty, he may, within fifteen days of receiving the notification on the penalty, file an application for reconsideration with the department at the level next higher to the department that made the decision on the penalty. If the party is not satisfied with the decision made after such reconsideration, he may institute legal proceedings in the people's court within fifteen days of receiving the decision on the reconsideration. The party may also directly institute legal proceedings in the people's court within fifteen days of receiving the notification on the penalty. If the said party neither applies for reconsideration nor institutes legal proceedings in the people's court within the time limit nor complies with the decision on the penalty, the department that made the decision on the penalty shall apply to the people's court for compulsory execution.

  If any party is not satisfied with a penalty for violation of public security, the case shall be handled according to the Regulations on Administrative Penalties for Public Security.

  Article 49 Whoever steals or forcibly seizes the supplies for the prevention of floods or materials and equipment for the building of water projects, or whoever embezzles or misappropriates state funds and materials for the relief of disasters, for use in flood emergencies, for the prevention of floods or for the resettlement of inhabitants, shall be prosecuted for criminal responsibility in accordance with the Criminal Law.

  Article 50 Any functionary of a department of water administration, of another competent department or of a unit managing a water project, who neglects his duty, abuses his power, engages in malpractices for personal gains or commits fraudulent acts, shall be given administrative sanctions by the unit to which he belongs or by the competent department at a higher level; whoever causes heavy losses to public property or to the interests of the state and the people shall be prosecuted for criminal responsibility in accordance with the Criminal Law.

  Chapter VII

  Supplementary Provisions

  Article 51 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 made reservations.

  Article 52 The State Council may, in accordance with this Law, formulate rules for its implementation.

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

  Article 53 This Law shall come into force as of July 1, 1988.

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