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中华人民共和国水法(修订) Water Law of the Peoples Republic of China

2009-03-24 法律英语 来源:互联网 作者:
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 a

bove 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 w

ay 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 e made simultaneously with the construction of the projects. The unit launching the c

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