水利产业政策 WATER CONSERVANCY INDUSTRIAL POLICY

国发(1997)35号
(Approved by the State Council on October 28, 1997 and formulated by the State Planning Commission on September 4, 1997)
颁布日期：19971028 　实施日期：19971028 　颁布单位：国务院

　　This Policy is formulated with a view to promoting the rational development and sustainable utilization of water resources, effectively preventing such disasters as floods and drought, and alleviating the constraints of water conservancy on the development of the national economy.

　　Formulation of this Policy is based on the Water Law of the People's Republic of China, the Water and Soil Conservation Law of the People's Republic of China, Law of the People's Republic of China on the Prevention and Treatment of Water Pollution, Flood Prevention Law of the People's Republic of China as well as the Ninth Five-Year Plan for National Economic and Social Development and 2010 Program of Perspective Goals.

　　This Policy shall be applicable to all regions within the territory of the People's Republic of China (excluding Taiwan, Hong Kong and Macau) and to all activities of development of water conservancy and prevention and treatment of water-related disasters such as integrated treatment of rivers and lakes, flood prevention and waterlogged land drainage, irrigation, water supply, protection of water resources, hydro-power generation, water and soil conservation, waterway dredging and construction of sea dykes.

　　Chapter I General Provisions

　　Article 1 The goals of this Policy are as follows: to clearly define the nature of projects, smooth out investment channels and expand sources of funding; rationally set the price, standardize collection of all fees and push ahead the industrialization of water conservancy; promote economy in water use, protect water resources and realize sustainable development. See to it that there is marked improvement in the capability of flood prevention and resistance against natural calamities and effective alleviation of the contradiction in water supply in China during the period of implementation of this Policy.

　　Article 2 Water conservancy constitutes the infrastructure and basic industry of the national economy. People's governments at all levels shall place the strengthening of water conservancy construction in an important position, formulate clear goals, take strong measures and implement the leadership responsibility system. Competent departments of water administration at all levels shall, in conjunction with the departments and regions concerned, compile the integrated basin planning and integrated regional planning before 2000 which shall serve as the basis for the formulation of water conservancy construction planning and related special-purpose planning upon approval after submission in accordance with law and do a good job in conducting inspection and supervision on the implementation of the planning. Any act of construction in violation of the planning shall be strictly prohibited.

　　Article 3 Overall planning of the national economy, urban planning and the distribution of major construction projects must take into consideration flood prevention and safety and conditions of water resources and must have special-purpose planning or authentication of such areas as flood prevention and waterlogged land drainage, water supply, protection of water resources, water and soil conservation, prevention and treatment of water pollution and economy in water use.

　　Article 4 The priority in water conservancy construction during the period of implementation of this Policy shall be: flood prevention control harnessing projects of rivers and lakes, urban flood prevention, construction for the safety of flood storage and detention areas, maintenance and construction of sea dykes, renewal and transformation of existing water conservancy installations, especially elimination of dangers and consolidation of sick and dangerous reservoirs and emb

ankments, drinking water for humans and animals in drought-stricken areas, trans-regional water diversion projects and projects of water sources in regions short of water resources, water supply, economy in water and protection of water resources, irrigation and drainage of farmland, water and soil conservation, integrated utilization of water resources, hydro-power generation and research and development projects of water conservancy technology.

　　Article 5 The State steps up water resources management, carries out the policy of comprehensive planning, rational development, integrated utilization and ecological protection in water conservancy construction and adheres to the combination of elimination of the evil effects of disasters with water conservancy construction, the combination of treatment of the symptoms with treatment of the root causes, the combination of new construction with transformation and the combination of development of resources with economy in water consumption.

　　Article 6 The State implements the policy of giving priority to the development of the water conservancy industry, encourages all walks of life of society and foreign investors to invest in the construction of water conservancy projects through multi-channels and in various forms. Under the criteria of adhering to social benefits, effective ways of water conservancy industrialization shall be actively explored to accelerate the process of water conservancy industrialization. Efforts shall be made to improve the economic performance of water conservancy works. Requirements of urban and rural inhabitants for water shall be met and overall planning for the requirements of industry and agriculture for water and shipping shall be worked out. Importance shall be attached to water environment protection and diversified management, gradually forming a benign operational mechanism of input and output of the water conservancy industry.

　　Chapter II Project Classification and Fund-Raising

　　Article 7 Water conservancy projects are classified into two categories according to their functions and roles: non-profit-intensive projects with social benefits as the main purpose such as flood prevention and waterlogged land drainage, key farmland irrigation and drainage works, urban flood prevention, water and soil conservation and water resources protection belong to category A; projects with economic benefits as the main purpose and certain social benefits such as water supply, hydro-power generation, breeding in reservoirs, water-bound tourism and water conservancy integrated management belong to category B. Determination of a project of whether it is category A or category B shall be made clear by the project examination and approval unit in its official reply to the project proposal.

　　Article 8 Construction funds of category A projects shall mainly be arranged in central and local budgetary funds, water conservancy construction funds and other budgetary funds available for water conservancy construction. Specific government agencies or non-profit social institutions shall be determined as the responsible main bodies of category A projects which shall be responsible for the whole process of project construction and bear the risks.

　　Article 9 Construction funds of category B projects shall mainly be raised through non-budgetary fund channels. Category B projects must practise the project legal person responsibility system and capital fund system and the capital fund rate shall follow the relevant state provisions.

　　Article 10 Water conservancy construction projects are classified into two categories of central projects and local projects according to their roles and the beneficiary range. Central projects mean projects having major impacts on the overall national economy such as cross-province (autonomous region, municipality directly under the Central Government) key harnessing works of major rivers an

d cross-province (autonomous region, municipality directly under the Central Government), cross-valley water diversion projects and projects of integrated utilization of water resources. Local projects mean those projects which bring benefits to local areas such as flood prevention and waterlogged land drainage, urban flood prevention, irrigation and drainage, waterway realignment, water supply, water and soil conservation, water resources protection and medium- and small-size hydro-power station construction.

　　Article 11 Investment of central projects shall be jointly borne by the Central Government and the beneficiary provinces (autonomous regions, municipalities directly under the Central Government) according to the extent of benefit, scope of benefit and economic strength; treatment of major water and soil erosion regions shall mainly be the responsibility of local authorities and the Central Government shall give appropriate subsidy; all other categories of water conservancy works of which local authorities and departments are the beneficiaries shall be built with joint investment by the beneficiary localities and departments according to the extent of benefit in accordance with the principle of "he who benefits from it shall share the burden"; the Central Government shall give appropriate subsidy to important water conservancy construction projects in minority nationality regions and poor areas through various channels.

　　Article 12 Investment required for category A projects of flood prevention and waterlogged land drainage and urban flood prevention in local projects shall be arranged from within such local funds as local budgetary funds, integrated agricultural development funds, funds of industry assisting agriculture and special-purpose water conservancy funds and discount-interest loans, and in the meantime importance shal

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