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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:
onstruction 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 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 fl

ood 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 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 p

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