Water Law of the People's Republic of China (Amended in 2016)
Water Law of the People's Republic of China (Amended in 2016)
Water Law of the People's Republic of China (Amended in 2016)
Order of the President of the People's Republic of China No. 48
July 2, 2016
(Adopted at the 24th Meeting of the Standing Committee of the 6th National People's Congress on January 21, 1988; revised at the 29th Meeting of the Standing Committee of the 9th National People's Congress on August 29, 2002; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time according to the Decision on Revising Six Laws including the Energy Conservation Law of the People's Republic of China passed at the 21st Meeting of the Standing Committee of the 12th National People's Congress on July 2, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Planning for Water Resources
Chapter III Water Resources Development and Utilization
Chapter IV Protection of Water Resources, Water Areas and Waterworks
Chapter V Allocation and Economical Use of Water Resources
Chapter VI Resolution of Water Disputes and Supervision over and Inspection of Law-enforcement
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of rationally developing, utilizing, conserving and protecting water resources, preventing and controlling water disasters, bringing about sustainable utilization of water resources, and meeting the need of national economic and social development.
Article 2 This Law is applicable to development, utilization, conservation, protection and management of water resources and to prevention and control of water disasters within the territory of the People's Republic of China. The water resources referred to in this Law include surface water and groundwater.
Article 3 Water resources are owned by the State. The State Council, on behalf of the State, exercises the right of ownership of water resources. The water of ponds belonging to rural economic collectives and the water of reservoirs built and managed by such collectives shall be used by the collectives respectively.
Article 4 In developing, utilizing, conserving and protecting water resources and preventing and controlling water disasters, emphasis shall be placed on overall planning and all-round consideration, on both the root cause and symptoms, and on multipurpose use, efficiency, and the multiple function of water resources, and attention shall be paid to coordinated use of water in people's daily lives, in production and operation and in ecological environment.
Article 5 People's governments at or above the county level shall pay special attention to construction of water conservancy infrastructures, and incorporate it into their plans of national economic and social development.
Article 6 The State encourages units and individuals to develop and use water resources in accordance with law, and protects their legitimate rights and interests. Any unit or individual that develops and uses water resources has the obligation of protecting water resources in accordance with law.
Article 7 For water resources, the State applies, in accordance with law, the system of licensing for water-taking and the system of compensation for use of water, except for water of the ponds and reservoirs belonging to rural economic collectives that is used by such collectives and their members. The administrative department for water resources under the State Council is responsible for making arrangements for implementing the system of licensing for water-taking and the system of compensation for use of water throughout the country.
Article 8 The State encourages strict economy on the use of water, greatly promotes water-conserving measures, spreads the use of new technologies and techniques for water-conserving, develops water-conserving industries, agriculture and services, and builds a water-conserving community. People's governments at all levels shall adopt measures to improve management of water conservation, establish a system for developing and promoting the use of water-conserving technologies, and foster and develop water-conserving industries. All units and individuals shall have the obligation of economizing on water.
Article 9 For the purpose of protecting water resources, the State adopts such effective measures as protection of vegetation, planting of trees and grass, conservation of water sources, prevention and control of soil erosion and water-body pollution, and improvement of ecological environment.
Article 10 The State encourages and supports research, extension and application of advanced science and technology in development, utilization, conservation, protection and management of water resources, and in prevention and control of water disasters.
Article 11 Units and individuals that have made outstanding achievements in development, utilization, conservation, prevention or management of water resources, or in prevention and control of water disasters shall be rewarded by people's governments.
Article 12 For water resources the State applies the system under which management of river basins is combined with management of administrative regions. The administrative department for water resources under the State Council is responsible for unified management of and supervision over water resources throughout the country. The institutions for river basin management (hereinafter referred to as river basin authorities, in short), set up by the administrative department for water resources under the State Council for the key rivers and lakes defined as such by the State, shall perform the duties of water resources management and supervision, within the limits of their jurisdiction, specified by laws and administrative regulations and assigned to them by the said department. The administrative departments for water resources under the local people's governments at or above the country level shall, within the limits of their specified powers, be responsible for unified management of and supervision over the water resources.
Article 13 The relevant departments under the State Council shall, in conformity with the division of their duties, be responsible for work relating to the development, utilization, conservation and protection of water resources. The relevant departments under the local people's governments at or above the country level shall, in conformity with the division of their duties, be responsible for the development, utilization, conservation and protection of water resources within their administrative regions.
Chapter II Planning for Water Resources
Article 14 The State formulates strategic plans for water resources across the land. Unified plans shall, on the basis of river basins and regions, be made for the development, utilization, conservation and protection of water resources and for prevention and control of water disasters. The plans shall be divided into river basin plans and regional plans. The river basin plans shall include comprehensive river basin plans and special river basin plans; the regional plans shall include comprehensive regional plans and special regional plans. The comprehensive plans mentioned in the preceding paragraph are general outline drawn, in light of the need of economic and social development and the present conditions of water resources development and utilization, for the development, utilization, conservation and protection of water resources and for prevention and control of water disasters. The special plans mentioned in the preceding paragraph are plans for flood control, waterlogging prevention, irrigation, navigation, water supply, hydropower generation, bamboo and log rafting, fishery, water resources protection, water and soil conservation, prevention and control of sedimentation, conservation of water, etc.
Article 15 The plan for a region within a river basin shall be subordinated to the plan for the river basin, and the special plan shall be subordinated to the comprehensive plan. Comprehensive river basin plans and comprehensive regional plans as well as the special plans closely related to land use shall be coordinated with the plans for national economic and social development, the general plans for land use and general urban plans and plans for environmental protection, and at the same time the needs of various regions and industries shall be taken into consideration.
Article 16 Comprehensive scientific survey, investigation and assessment of water resources shall be conducted before a plan is formulated. Such survey, investigation and assessment shall be arranged by the administrative department for water resources under the people's government at or above the county level, in conjunction with the relevant departments at the same level. People's governments at or above the county level shall pay special attention to establishment of an information system for hydrology and water resources. The administrative departments for water resources under such governments and the river basin authorities shall pay special attention to dynamic monitoring of water resources. The basic hydrological data shall be made public in accordance with the relevant regulations of the State.
Article 17 The comprehensive river basin plans for key rivers and lakes defined as such by the State Shall be worked out by the administrative department for water resources under the State Council, in conjunction with the relevant departments under the State Council and the relevant people's governments of provinces, autonomous regions or municipalities directly under the Central Government, and they shall be submitted to the State Council for approval. The comprehensive river basin plans and comprehensive regional plans for other rivers and lakes that run or straddle across provinces, autonomous regions or municipalities directly under the Central Government shall be worked out by the relevant river basin authorities, in conjunction with the administrative departments for water resources and the relevant departments under the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government where the rivers run across or the lakes are located, and these plans shall be examined and commented by the relevant people's governments of the provinces, autonomous regions or municipalities directly under the Central Government, before they are submitted to the administrative department for water resources under the State Council for examination and verification; the administrative department for water resources under the State Council shall consult the relevant departments under the State Council before submitting the plans to the State Council, or the department authorized by it, for approval. The comprehensive river basin plans and comprehensive regional plans for rivers and lakes other than the ones specified in the preceding paragraph shall be worked out by the administrative departments for water resources under the local people's governments at or above the county level, in conjunction with the relevant departments at the same level and local people's governments concerned, and they shall be submitted to the people's governments at the same level, or the departments authorized by the governments, for approval, before they are submitted to the administrative departments for water resources at the next higher level for the record. Special plans shall be worked out by the relevant departments under the people's governments at or above the county level, and they shall be submitted to the said people's governments for approval after the other relevant departments at the same level are consulted. With respect to plans for flood control and water and soil conservation, they shall be made and approved in accordance with the relevant provisions in the Flood Prevention Law and the Law on Water and Soil Conservation respectively.
Article 18 Once a plan is approved, it shall be implemented to the better.
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Order of the President of the People's Republic of China No. 48
July 2, 2016
(Adopted at the 24th Meeting of the Standing Committee of the 6th National People's Congress on January 21, 1988; revised at the 29th Meeting of the Standing Committee of the 9th National People's Congress on August 29, 2002; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time according to the Decision on Revising Six Laws including the Energy Conservation Law of the People's Republic of China passed at the 21st Meeting of the Standing Committee of the 12th National People's Congress on July 2, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Planning for Water Resources
Chapter III Water Resources Development and Utilization
Chapter IV Protection of Water Resources, Water Areas and Waterworks
Chapter V Allocation and Economical Use of Water Resources
Chapter VI Resolution of Water Disputes and Supervision over and Inspection of Law-enforcement
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of rationally developing, utilizing, conserving and protecting water resources, preventing and controlling water disasters, bringing about sustainable utilization of water resources, and meeting the need of national economic and social development.
Article 2 This Law is applicable to development, utilization, conservation, protection and management of water resources and to prevention and control of water disasters within the territory of the People's Republic of China. The water resources referred to in this Law include surface water and groundwater.
Article 3 Water resources are owned by the State. The State Council, on behalf of the State, exercises the right of ownership of water resources. The water of ponds belonging to rural economic collectives and the water of reservoirs built and managed by such collectives shall be used by the collectives respectively.
Article 4 In developing, utilizing, conserving and protecting water resources and preventing and controlling water disasters, emphasis shall be placed on overall planning and all-round consideration, on both the root cause and symptoms, and on multipurpose use, efficiency, and the multiple function of water resources, and attention shall be paid to coordinated use of water in people's daily lives, in production and operation and in ecological environment.
Article 5 People's governments at or above the county level shall pay special attention to construction of water conservancy infrastructures, and incorporate it into their plans of national economic and social development.
Article 6 The State encourages units and individuals to develop and use water resources in accordance with law, and protects their legitimate rights and interests. Any unit or individual that develops and uses water resources has the obligation of protecting water resources in accordance with law.
Article 7 For water resources, the State applies, in accordance with law, the system of licensing for water-taking and the system of compensation for use of water, except for water of the ponds and reservoirs belonging to rural economic collectives that is used by such collectives and their members. The administrative department for water resources under the State Council is responsible for making arrangements for implementing the system of licensing for water-taking and the system of compensation for use of water throughout the country.
Article 8 The State encourages strict economy on the use of water, greatly promotes water-conserving measures, spreads the use of new technologies and techniques for water-conserving, develops water-conserving industries, agriculture and services, and builds a water-conserving community. People's governments at all levels shall adopt measures to improve management of water conservation, establish a system for developing and promoting the use of water-conserving technologies, and foster and develop water-conserving industries. All units and individuals shall have the obligation of economizing on water.
Article 9 For the purpose of protecting water resources, the State adopts such effective measures as protection of vegetation, planting of trees and grass, conservation of water sources, prevention and control of soil erosion and water-body pollution, and improvement of ecological environment.
Article 10 The State encourages and supports research, extension and application of advanced science and technology in development, utilization, conservation, protection and management of water resources, and in prevention and control of water disasters.
Article 11 Units and individuals that have made outstanding achievements in development, utilization, conservation, prevention or management of water resources, or in prevention and control of water disasters shall be rewarded by people's governments.
Article 12 For water resources the State applies the system under which management of river basins is combined with management of administrative regions. The administrative department for water resources under the State Council is responsible for unified management of and supervision over water resources throughout the country. The institutions for river basin management (hereinafter referred to as river basin authorities, in short), set up by the administrative department for water resources under the State Council for the key rivers and lakes defined as such by the State, shall perform the duties of water resources management and supervision, within the limits of their jurisdiction, specified by laws and administrative regulations and assigned to them by the said department. The administrative departments for water resources under the local people's governments at or above the country level shall, within the limits of their specified powers, be responsible for unified management of and supervision over the water resources.
Article 13 The relevant departments under the State Council shall, in conformity with the division of their duties, be responsible for work relating to the development, utilization, conservation and protection of water resources. The relevant departments under the local people's governments at or above the country level shall, in conformity with the division of their duties, be responsible for the development, utilization, conservation and protection of water resources within their administrative regions.
Chapter II Planning for Water Resources
Article 14 The State formulates strategic plans for water resources across the land. Unified plans shall, on the basis of river basins and regions, be made for the development, utilization, conservation and protection of water resources and for prevention and control of water disasters. The plans shall be divided into river basin plans and regional plans. The river basin plans shall include comprehensive river basin plans and special river basin plans; the regional plans shall include comprehensive regional plans and special regional plans. The comprehensive plans mentioned in the preceding paragraph are general outline drawn, in light of the need of economic and social development and the present conditions of water resources development and utilization, for the development, utilization, conservation and protection of water resources and for prevention and control of water disasters. The special plans mentioned in the preceding paragraph are plans for flood control, waterlogging prevention, irrigation, navigation, water supply, hydropower generation, bamboo and log rafting, fishery, water resources protection, water and soil conservation, prevention and control of sedimentation, conservation of water, etc.
Article 15 The plan for a region within a river basin shall be subordinated to the plan for the river basin, and the special plan shall be subordinated to the comprehensive plan. Comprehensive river basin plans and comprehensive regional plans as well as the special plans closely related to land use shall be coordinated with the plans for national economic and social development, the general plans for land use and general urban plans and plans for environmental protection, and at the same time the needs of various regions and industries shall be taken into consideration.
Article 16 Comprehensive scientific survey, investigation and assessment of water resources shall be conducted before a plan is formulated. Such survey, investigation and assessment shall be arranged by the administrative department for water resources under the people's government at or above the county level, in conjunction with the relevant departments at the same level. People's governments at or above the county level shall pay special attention to establishment of an information system for hydrology and water resources. The administrative departments for water resources under such governments and the river basin authorities shall pay special attention to dynamic monitoring of water resources. The basic hydrological data shall be made public in accordance with the relevant regulations of the State.
Article 17 The comprehensive river basin plans for key rivers and lakes defined as such by the State Shall be worked out by the administrative department for water resources under the State Council, in conjunction with the relevant departments under the State Council and the relevant people's governments of provinces, autonomous regions or municipalities directly under the Central Government, and they shall be submitted to the State Council for approval. The comprehensive river basin plans and comprehensive regional plans for other rivers and lakes that run or straddle across provinces, autonomous regions or municipalities directly under the Central Government shall be worked out by the relevant river basin authorities, in conjunction with the administrative departments for water resources and the relevant departments under the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government where the rivers run across or the lakes are located, and these plans shall be examined and commented by the relevant people's governments of the provinces, autonomous regions or municipalities directly under the Central Government, before they are submitted to the administrative department for water resources under the State Council for examination and verification; the administrative department for water resources under the State Council shall consult the relevant departments under the State Council before submitting the plans to the State Council, or the department authorized by it, for approval. The comprehensive river basin plans and comprehensive regional plans for rivers and lakes other than the ones specified in the preceding paragraph shall be worked out by the administrative departments for water resources under the local people's governments at or above the county level, in conjunction with the relevant departments at the same level and local people's governments concerned, and they shall be submitted to the people's governments at the same level, or the departments authorized by the governments, for approval, before they are submitted to the administrative departments for water resources at the next higher level for the record. Special plans shall be worked out by the relevant departments under the people's governments at or above the county level, and they shall be submitted to the said people's governments for approval after the other relevant departments at the same level are consulted. With respect to plans for flood control and water and soil conservation, they shall be made and approved in accordance with the relevant provisions in the Flood Prevention Law and the Law on Water and Soil Conservation respectively.
Article 18 Once a plan is approved, it shall be implemented to the better.
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