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2009-03-24 法律英语 来源:互联网 作者: ℃The State gradually eliminates the techniques, equipment and products that are outdated and are of high water-consumption.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 t
ime 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 bas
in 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 sing 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 limit, dismantling shall be enforced, and the unit or individual that violates the law shall bear the expenses incurre
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