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

rohibited. 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 r

esponsible 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 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

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