Article 1 In order to implement the Water Law of the People's Republic of China*** and the State of China (hereinafter referred to as the Water Law), combined with the actual situation in this province, the formulation of these measures.
Second In the administrative area of the province to develop, utilize, conserve, protect and manage water resources, prevention and control of water hazards, shall comply with the water law and these measures.
The water resources referred to in these measures, including surface water and groundwater.
Article 3 water resources belong to the state. Water resources in accordance with the implementation of the water permit system, paid use system and water conservation system.
The water in waterworks such as flooded ponds and managed reservoirs constructed by collective economic organizations in rural and pastoral areas shall be used by the collective economic organizations. Water from wells dug by farmers and herdsmen in their own yards and on contracted land belongs to individuals.
Article 4 The people's governments at all levels shall incorporate the development, utilization, conservation, protection of water resources and prevention and control of water hazards into the national economy and social development plan. National economic and social development in the medium and long term planning, urban master plan and specialized planning, shall be compatible with the integrated planning of water resources.
Article 5 The people's governments at all levels shall strengthen publicity and education, to establish and enhance the protection of water resources and water conservation awareness in society as a whole.
Television, radio, newspapers and other media shall strengthen the protection of water resources, water conservation publicity.
Article VI of the provincial people's government water administration is responsible for the unified management and supervision of water resources in the province.
State (city), county people's government water administration is responsible for the unified management and supervision of water resources in the administrative area.
The relevant departments of the people's governments at or above the county level in accordance with the division of responsibilities, is responsible for the administrative area of water resources development, utilization, conservation, protection and prevention of water hazards related work.
Article VII Any unit or individual has the obligation to protect water resources, water projects and water conservation, and has the right to stop, charge and report violations of the water law and these measures.
The people's governments at or above the county level shall commend or reward units and individuals who have made outstanding achievements in the development, utilization, conservation, protection and management of water resources and the prevention and control of water hazards.
Chapter II Water Resources Planning and Development and Utilization
Article 8 The development, utilization, conservation and protection of water resources must be in line with the comprehensive planning of water resources, and scientific evidence.
Article IX of the Yangtze River, the Yellow River, the Lancang River, the Qinghai section of the main stream of the comprehensive planning of watersheds by the provincial people's government water administration in collaboration with the jurisdiction of the national watershed management organization to prepare.
The province's Huangshui, Datong River, Black River, Buha River, Bayin River, Golmud River, Xiang Ridhe River, Nalenggrad River, Longmu River, Qinghai Lake, Lake Zaling, Eling Lake, and other important rivers, lakes, and across the state (municipal) rivers of the basin comprehensive planning and regional integrated planning by the provincial people's government of the water administration department in conjunction with the relevant departments of the province and the relevant state (municipal) people's government preparation, approved by the Provincial People's Government and submitted to the State Council water administration and management. People's Government for approval, reported to the State Council water administration department for the record.
State (city), county rivers within the watershed comprehensive planning and regional comprehensive planning, by the state (city), county people's government water administration department in conjunction with the relevant departments at the same level, approved by the people's government at the same level, and reported to the people's government of the higher level of the water administration department for the record.
Article 10 of the development and utilization of water resources should be given priority to meet the urban and rural residents living water, taking into account the agriculture, industry, ecological environment, maintain a reasonable flow of rivers and lakes, groundwater level, and maintain the natural purification capacity of water bodies.
Article 11 The people's governments at or above the county level shall take effective measures to encourage the collection and utilization of rainwater and snow water to supplement the water used for production and living. In the serious shortage of water resources, ecological deterioration of the region, prohibit the construction of water-consuming construction projects; original water-consuming water-using units, shall carry out water-saving transformation.
Article XII encourages units and individuals to invest in the development, utilization and protection of water resources, adhering to the principle of who invests in the construction, who manages and who benefits from it, and protects the legitimate rights and interests of investors in accordance with the law.
Any unit or individual water diversion, water interception (storage), drainage, shall not be detrimental to the interests of the public **** and the legitimate rights and interests of others.
Article 13 The construction of water projects must be consistent with the comprehensive planning of the watershed. In the rivers and lakes on the construction of water projects, in accordance with the management authority, shall obtain the relevant watershed management organization or the local people's government at or above the county level of the competent department of water administration signed by the requirements of comprehensive planning in line with the watershed planning consent, and shall not commence construction without obtaining. Water project construction involves flood control, in accordance with the "Chinese People's *** and the State Flood Control Law" of the relevant provisions of the implementation; involves other regions and industries, the construction unit shall seek the views of the relevant regions and departments in advance.
Chapter III Protection of Water Resources, Waters and Water Works
Article 14 The people's governments at or above the county level and the relevant departments shall strengthen the protection of river headwaters and wetlands, and shall take such measures as rotational plowing and grazing, and retiring of farmland and pasturage, in order to prevent and control soil erosion, to protect the vegetation cover, and to nourish the water sources.
Article 15 The development and utilization of water resources shall be integrated surface water and groundwater, giving priority to the development and utilization of surface water, and rational exploitation of groundwater.
Exploitation of groundwater should adhere to the unified planning, total control, optimize the allocation, the principle of balance. Exploitation units shall implement water quantity, water quality, water level changes in dynamic monitoring, the establishment of data files, shall not be over-exploited.
Article XVI of the provincial people's government, the water administration department in conjunction with the relevant departments, according to the status of groundwater resources and exploitation, delineation of groundwater over-exploitation areas; serious over-exploitation of areas delineated in the groundwater restricted and prohibited areas, the provincial people's government for approval after the announcement of the implementation.
In the prohibited groundwater exploitation areas, new construction, alteration and expansion of groundwater extraction construction projects are prohibited. Already built groundwater extraction project should be constructed alternative water sources.
Article 17 The people's governments at or above the county level shall, in accordance with law, delineate the scope of management and protection of rivers and waterworks.
It is prohibited to abandon or pile up objects obstructing flooding in rivers, lakes, reservoirs and canals, and to plant forest trees and tall crops obstructing flooding.
It is prohibited to construct buildings and structures within the management area of the river channel that impede flooding, as well as to engage in activities that affect the stability of the river, jeopardize the safety of the riverbank embankment and other activities that impede flooding of the river channel.
In the river on both sides of the construction of flood control levees, shall be reported to the people's government at the county level water administration department for examination and consent; in the cross-administrative areas on both sides of the river for construction of flood control levees, shall be reported to the people's government of the higher level of the same **** the people's government of the water administration department for examination and consent.
Article 18 in the river management range of sand mining, shall be to the people's government at or above the county level of the water administration department to apply for a sand mining license; involving other departments, by the water administration department in conjunction with the relevant departments.
The units and individuals who obtain the sand mining license and engage in sand mining in the river channel shall, in accordance with the needs of flood control and safety, clean up the tailing piles and level the river channel in time, and shall not pile up sand and gravel or wastes in the river channel.
Article 19 The water administration department of the people's government at or above the county level shall, in accordance with the water quality requirements of the water function area and the natural purification capacity of the water body, authorize the pollutant-carrying capacity of the waters, and put forward the opinion of the total amount of restricted discharge of the waters to the ecological environment department at the same level.
Article 20 In the river, lake new construction, alteration or expansion of sewage outfalls, shall be subject to the jurisdiction of the water administration department or its authorized water works management agency to review and agree to the ecological and environmental departments are responsible for the approval of the environmental impact report of the construction project.
The use of river and lake outfalls has been prohibited, the sewage disposal unit shall be blocked within a specified period.
Article 21 The water administration department of the people's governments at or above the county level shall do a good job in monitoring the water quantity and quality of rivers, lakes, reservoirs and canals, and find that the total amount of key pollutants discharged in excess of the control targets or fail to meet the requirements of water quality in water function areas, it shall report to the people's government concerned in a timely manner to take measures to manage the situation, and to the ecological and environmental protection departments at the same level.
Water quality monitoring results should be published in accordance with relevant regulations to the community.
Article 22 of the people's governments at or above the county level water administration shall strengthen the supervision and management of the safety of water projects in the administrative region, and establish a regular safety inspection system to eliminate potential safety hazards.
The people's governments at the township level or rural pastoral collective economic organizations shall maintain and rationally use water conservancy facilities such as flooded pools and reservoirs under their management and use, and establish a safety management system.
Article 23 Any unit or individual shall not encroach upon or destroy flood control, hydrological monitoring, hydrogeological and environmental monitoring and other engineering facilities, shall not encroach upon or destroy water works and water works within the scope of management of the embankment, berm, berm and shore protection of forests and other attachments.
Chapter IV Drinking Water Safety and Security
Article 24 The people's governments at or above the county level shall strengthen the construction and management of drinking water for human and animal life in rural and pastoral areas as well as water supply projects in cities and towns, improve the drinking water conditions of urban and rural residents, and gradually solve the problems of high fluoride, arsenic and brackish, contaminated and difficult to drink water for the masses in localized areas.
Article 25 The people's governments at or above the county level shall, in accordance with the requirements of the "water function zoning in Qinghai Province," the establishment of drinking water source protection zones.
The ecological environment department of the people's government at or above the county level shall, in conjunction with the housing and urban-rural construction, health and water administration and management departments, *** with the delineation of drinking water source protection zones, approved by the provincial people's government and then announced.
Article 26 The ecological and environmental departments of the people's governments at or above the county level and the housing and urban-rural construction, health and water administration and management departments shall, within their respective areas of responsibility, strengthen the management of drinking water quality, protection of drinking water sources, prevention and control of water depletion and drinking water pollution.
Article 27 Within the scope of the protected area of drinking water sources, the following behaviors are prohibited:
(1) dumping, piling or discharging of solid wastes and other toxic and harmful pollutants;
(2) construction projects unrelated to the protection of water sources;
(3) setting up of sewage outfalls;
(4) construction of burial mounds, earth extraction, sand extraction, mining and Deforestation activities;
(e) other activities that may affect the amount and quality of water.
Article 28 The people's governments at or above the county level shall establish an emergency response mechanism for drinking water safety emergencies, and deal with emergencies in a timely manner.
Chapter V Water Resources Allocation and Water Conservation
Article 29 The provincial people's government is responsible for the development and reform and water administration of the province's macro-allocation of water resources. Long-term supply and demand planning for water in the province and across states (cities) shall be formulated by the water administration department of the provincial people's government in conjunction with the relevant departments, and shall be implemented after review and approval by the development and reform administration department of the provincial people's government.
State (city), county water long-term supply and demand planning, by the people's government at or above the county level, the water administration department in conjunction with the relevant departments at the same level, based on the previous level of long-term water supply and demand planning and the actual situation in the region, the people's government of the level of the development and reform of the management department for review and approval after implementation.
Article 30 of the provincial rivers across the administrative region of the water distribution program and drought emergency water dispatch plan, by its **** with the people's government of the people's government of the higher level of water administration in conjunction with the relevant people's government to develop, reported to the people's government of the approval of the implementation of the people's government at this level.
Article 31 The water administrative departments of the people's governments at or above the county level shall, in accordance with the approved water allocation plan for the river basin and the annual forecast of incoming water, formulate the annual water allocation plan and dispatch plan, and submit them to the people's government at the same level for approval before implementation, and carry out the unified dispatch of water.
Regional annual water allocation program and scheduling plan should be based on the basin's annual water allocation program and scheduling plan.
Article 32 The units and individuals who take water resources directly from rivers, lakes or underground shall apply to the water administration department for a license to take water, obtain the right to take water, and pay water resource fees (taxes). However, family life, sporadic backyard farming, captive breeding of livestock and poultry for drinking and other small amounts of water, except.
The water unit shall implement the annual water allocation program and scheduling plan. In the water intake should be installed in accordance with national standards for water abstraction metering facilities, and to ensure its normal operation. No metering facilities or metering facilities can not function properly, according to the water project design of the maximum daily intake of water or equipment nameplate rated intake of water resources fees.
Article 33 of the new construction, alteration, expansion of water intake project to apply for a water permit, shall be submitted at the same time the construction project to take water resources demonstration report, and the approval of water permits by the department of expert review, the expert's review of the application for a permit for the technical basis of water intake.
Article 34 of the total water use control and quota management system.
The water administration department of the people's government at or above the county level, according to the water quota of Qinghai Province, the annual water allocation program to determine the amount of water and economic and technological conditions, the formulation of annual water use plan, the annual water use within the administrative area to implement total control.
Article 35 The water administration department of the people's government at the county level shall, in accordance with the annual water consumption plan and the water consumption quota of the relevant industry, approve the annual water consumption index of the water consumption units within the administrative area.
The annual water consumption target of the very large water-using units and water-using units with special needs shall be approved by the water administration department of the people's government of the province or state (city).
Article 36 The implementation of metered charges for water use and over-quota progressive price increase system. Water users within the quota of water consumption, in accordance with the approved standard price charges, water use in excess of the quota to implement progressive price increases.
The use of water supplied by the water works shall pay water charges.
Article 37 In any of the following cases, the water administration department may, in conjunction with the relevant departments, adjust or restrict the amount of water withdrawn or supplied by the water user:
(1) the water supply capacity of the water source is reduced due to natural causes;
(2) the total amount of water withdrawn by the society is increased but it is not possible to open up another source in the near future;
(3) due to serious over-exploitation of groundwater or ) due to serious over-exploitation of groundwater or ground subsidence and deterioration of water quality caused by the exploitation of groundwater;
(d) changes in the user's products, production or processes;
(e) other special circumstances.
Article 38 The people's governments at or above the county level shall strengthen the leadership of water conservation work, according to the changes in the supply and demand of water resources, technological progress and the level of economic and social development, to determine the goals of water conservation in different periods, improve the water conservation system, promote water conservation technology, develop water-saving agriculture and animal husbandry, industry and services, and build a water-saving society.
Article 39 New construction, alteration and expansion of construction projects, shall build supporting water conservation facilities.
Completed construction projects of water facilities, equipment and appliances do not meet the requirements of water conservation, shall gradually carry out technological transformation, improve the water reuse rate.
City public **** facilities and civil buildings should promote the use of water-saving appliances and equipment. People's governments at or above the county level shall create conditions to improve the utilization rate of sewage recycling.
Article 40 of the water supply units and self-built water supply facilities shall strengthen the overhaul and maintenance of water supply facilities, reduce the leakage rate of the pipe network. After the failure of water supply facilities, the relevant units shall promptly repair.
Chapter VI Water Dispute Handling and Law Enforcement Supervision and Inspection
Article 41 The people's governments at all levels and the relevant departments shall take measures to prevent and stop water disputes.
Water disputes between units, individuals, units and individuals shall be resolved through consultation; the parties are unwilling to negotiate or consultation fails to resolve, you can apply for the people's government at or above the county level or the water administration department to mediate, or directly to the people's court to file a civil lawsuit. The relevant people's government or the water administration failed to mediate, can also file a civil lawsuit to the people's court.
The people's government at the township level shall promptly mediate water disputes in the township, with the higher water administrative departments to mediate water disputes.
Parties shall not unilaterally change the status quo until the water dispute is resolved.
Article 42 The water administration departments of the people's governments at or above the county level shall establish and improve the system of water supervision and inspection, improve the conditions for law enforcement, strengthen the construction of law enforcement teams, and fulfill their duties of supervision and inspection in accordance with law.
Article 43 The people's governments at or above the county level or the higher-level water administration departments shall order the people's governments at the lower level or the lower-level water administration departments to make corrections within a certain period of time if they are found to have violated the law or have neglected their duties in their work, and shall investigate the responsibilities of the persons concerned according to law.
Article 44 of the people's governments at or above the county level, the water administration shall strengthen the construction of water projects, drainage, water conservation, water allocation programs and scheduling plans for the implementation of the situation of supervision and inspection, and found in violation of the water law and these measures shall be investigated and dealt with according to law.
Article 45 of the people's governments at or above the county level, the water administration shall establish a water case reporting and investigation system, publish the reporting telephone number and mailing address, accept public reports, timely investigation and handling of reported cases.
Chapter VII Legal Liability
Article 46 Violation of the provisions of these measures, laws and regulations have penalty provisions, from its provisions.
Article 47 Violation of the provisions of this Measures, sand mining units and individuals did not in accordance with the needs of flood control and safety in a timely manner to clean up the tailing pile, leveling of the river, by the people's governments at or above the county level of the water administration department ordered to clean up, leveling; overdue cleaning up, leveling of, after a reminder is still not fulfilled, and the consequences of which has been or will be affected by the river stability, endanger the safety of riverbank embankments, or impede the flooding of river channels, by the water administration department of the people's government at or above the county level to force the cleaning and leveling, and the necessary costs shall be borne by the units and individuals who have extracted sand, and shall be fined from 10,000 yuan to 100,000 yuan.
Article 48 If the water administration department or other relevant departments as well as the water works management unit and its staff, in violation of the provisions of these Measures, fail to apply for permission and approval within the prescribed period for the units and individuals that meet the legal conditions for water extraction; or reduce or waive water resource fees without authorization or collect water resource fees in violation of the provisions of these Measures, the relevant departments shall impose penalties on the directly responsible supervisory personnel and other directly responsible personnel.
Eighth.
Chapter VIII Supplementary Provisions
Article 49 These Measures shall August 1, 2005 shall come into force.