Water Law of People's Republic of China

Chapter I General provisions

　　Article 1 This Law is formulated for the purpose of rationally developing, utilizing, conserving and protecting water resources, preventing and controlling water disasters, realizing sustainable utilization of water resources and meeting the needs of national economic and social development。

　　Article 2 This Law shall apply to the development, utilization, conservation, protection and management of water resources and the prevention and control of water disasters within the territory of the People's Republic of China。

　　The term "water resources" as used in this Law includes surface water and ground water。

　　Article 3 Water resources shall be owned by the State。The ownership of water resources shall be exercised by The State Council on behalf of the State。The water in reservoirs of rural collective economic organizations and reservoirs built and managed by rural collective economic organizations shall be used by the rural collective economic organizations。

　　Article 4 In the development, utilization, conservation and protection of water resources and the prevention and control of water disasters, comprehensive planning, overall consideration, treatment of both symptoms and root causes, comprehensive utilization, emphasis on efficiency, giving full play to the multiple functions of water resources, and coordination of water use for life, production and operation and the ecological environment shall be carried out。

　　Article 5 The people's governments at or above the county level shall strengthen the construction of water conservancy infrastructure and incorporate it into the national economic and social development plans at the same level。

　　Article 6 The State encourages units and individuals to develop and utilize water resources according to law, and protects their lawful rights and interests。Units and individuals developing and utilizing water resources shall have the obligation to protect water resources according to law。

　　Article 7 The State shall, in accordance with law, implement a system of water drawing permission and a system of paid use of water resources。However, the rural collective economic organizations and their members use the water from the ponds and reservoirs of their own collective economic organizations。The department of water administration under The State Council shall be responsible for the organization and implementation of the national water intake licensing system and the system of paid use of water resources。

　　Article 8 The State practices strict water conservation, vigorously promotes measures for water conservation, popularizes new technologies and techniques for water conservation, develops water-saving industries, agriculture and service industries, and establishes a water-saving society。

　　People's governments at all levels shall take measures to strengthen the administration of water conservation, establish a system for the development and popularization of water conservation technologies, and cultivate and develop water conservation industries。

　　Units and individuals shall have the obligation to conserve water。

　　Article 9 The State shall protect water resources, adopt effective measures to protect vegetation, plant trees and grasses, conserve water sources, prevent and control soil erosion and water pollution, and improve the ecological environment。

　　Article 10 The State encourages and supports research, dissemination and application of advanced science and technology for the development, utilization, conservation, protection and management of water resources and the prevention and control of water disasters。

　　Article 11 Units and individuals that have made outstanding achievements in the development, utilization, conservation, protection and management of water resources and the prevention and control of water disasters shall be rewarded by the people's governments。

　　Article 12 The State applies a management system for water resources that combines river basin management with administrative area management。

　　The department of water administration under The State Council shall be responsible for the unified administration and supervision of water resources throughout the country。

　　River basin management agencies established by the water conservancy administrative department under The State Council in the major rivers and lakes designated by the State (hereinafter referred to as river basin management agencies) shall, within the scope of their jurisdiction, exercise the functions of water resources management and supervision provided for by laws and administrative regulations and granted by the water conservancy administrative department under The State Council。

　　The department of water administration of the local people's government at or above the county level shall, according to the prescribed limits of authority, be responsible for the unified administration and supervision of water resources within its administrative area。

　　Article 13 The relevant departments under The State Council shall be responsible for the development, utilization, conservation and protection of water resources in accordance with the division of functions and responsibilities。

　　The relevant departments of the local people's governments at or above the county level shall, in accordance with the division of functions and responsibilities, be responsible for the development, utilization, conservation and protection of water resources within their respective administrative areas。

Chapter II Water resources planning

　　Article 14 The State shall formulate a national strategic plan for water resources。

　　Plans for the development, utilization, conservation and protection of water resources and the prevention and control of water disasters shall be formulated uniformly in accordance with river basins and regions。Planning is divided into basin planning and regional planning。River basin planning includes river basin comprehensive planning and river basin professional planning;Regional planning includes regional comprehensive planning and regional professional planning。

　　The "comprehensive plan" mentioned in the preceding paragraph refers to the overall plan for the development, utilization, conservation and protection of water resources and the prevention and control of water disasters formulated according to the needs of economic and social development and the current situation of water resources development and utilization。The specialized plans mentioned in the preceding paragraph refer to plans for flood control, flood control, irrigation, navigation, water supply, hydroelectric power generation, bamboo and timber transport, fishery, water resources protection, soil and water conservation, sand prevention and control, water conservation, etc。

　　Article 15 Regional planning within a river basin shall be subject to river basin planning, and specialized planning shall be subject to comprehensive planning。

　　River basin comprehensive planning, regional comprehensive planning and professional planning closely related to land use shall be coordinated with the national economic and social development planning, the general planning for land use, the general planning for cities and environmental protection planning, taking into account the needs of various regions and industries。

　　Article 16 Comprehensive scientific investigation, investigation and evaluation of water resources must be carried out in drawing up plans。Comprehensive scientific investigation, investigation and evaluation of water resources shall be organized by the department of water administration of the people's government at or above the county level together with the relevant departments at the same level。

　　People's governments at or above the county level shall strengthen the construction of hydrological and water resources information systems。The water administration departments and river basin management institutions of the people's governments at or above the county level shall strengthen the dynamic monitoring of water resources。

　　Basic hydrological data shall be disclosed in accordance with relevant state regulations。

　　Article 17 Comprehensive plans for river basins of major rivers and lakes determined by the State shall be formulated by the department of water administration under The State Council in conjunction with relevant departments under The State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and submitted to The State Council for approval。Comprehensive basin planning and regional comprehensive planning for other rivers and lakes across provinces, autonomous regions and municipalities directly under the Central Government，It shall be prepared by the relevant river basin administrative agencies in conjunction with the water administration departments and other relevant departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central government where rivers and lakes are located，After examination by the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, they have put forward their opinions，Submit to the department of water administration under The State Council for examination and approval;The water administration department under The State Council after soliciting opinions from relevant departments under The State Council，Report to The State Council or the department authorized by it for approval。

　　Comprehensive river basin plans and regional comprehensive plans for rivers and lakes other than those provided for in the preceding paragraph shall be formulated by the department of water administration of the local people's government at or above the county level in conjunction with relevant departments and local people's governments at the same level, submitted to the people's government at the same level or its authorized department for approval, and submitted to the department of water administration at the next level for the record。

　　Professional plans shall be formulated by the relevant departments of the people's governments at or above the county level and submitted to the people's governments at the same level for approval after soliciting the opinions of other relevant departments at the same level。Among them, the preparation and approval of flood control plans and soil and water conservation plans shall be carried out in accordance with the relevant provisions of the Flood Prevention Law and the Law on Soil and Water Conservation。

　　Article 18 A plan, once approved, must be strictly implemented。

　　When an approved plan needs to be modified, it must be approved by the original approving authority in accordance with the procedures for planning preparation。

　　Article 19 Construction of water projects must conform to the comprehensive plan for river basins。Water projects shall be constructed on important rivers and lakes designated by the State and on rivers and lakes that cross provinces, autonomous regions and municipalities directly under the Central Government，Failing to obtain the planning consent signed by the relevant basin management authority in accordance with the requirements of comprehensive basin planning，The construction unit may not start construction;Construction of water projects on other rivers and lakes，Failing to obtain the planning consent form signed by the department of water administration of the local people's government at or above the county level according to the authority of administration that meets the requirements of comprehensive river basin planning，The construction unit shall not start construction。Water project construction involves flood control，依照防洪法的有关规                                                                                                                                                                                                                                                                                                                                                                                 定执行；涉及其他地区和行业的，The construction unit shall seek the opinions of the relevant regions and departments in advance。

Chapter III Development and utilization of water resources

　　Article 20 The development and utilization of water resources shall adhere to the combination of profit and harm, take into account the interests of upstream and downstream, left and right banks and relevant areas, give full play to the comprehensive benefits of water resources, and obey the overall arrangements for flood control。

　　Article 21 The development and utilization of water resources shall first meet the domestic water needs of urban and rural residents, and take into account the needs of agriculture, industry, water for the ecological environment and shipping。

　　In the development and utilization of water resources in arid and semi-arid areas, full consideration should be given to the water needs of the ecological environment。

　　Article 22 For inter-basin water transfer, comprehensive planning and scientific demonstration shall be carried out to take into account the water needs of both the transfer out and the transfer in the basin, so as to prevent damage to the ecological environment。

　　Article 23 Local people's governments at all levels shall, in light of the actual situation of water resources in their respective areas, rationally organize the development and comprehensive utilization of water resources in accordance with the principles of unified operation and development of surface water and groundwater, combination of open source and throttling, priority of throttling and sewage treatment and reuse。

　　The formulation of the national economic and social development plan, the overall urban plan and the layout of major construction projects shall be compatible with the local water resources conditions and flood control requirements, and scientific demonstration shall be carried out;In areas where water is scarce, limits should be placed on the size of cities and the construction of water-intensive industrial, agricultural and service projects。

　　Article 24 In areas where water resources are scarce, the State shall encourage the collection, development and utilization of rainwater and brackish water and the utilization and desalination of seawater。

　　Article 25 Local people's governments at various levels shall strengthen leadership over irrigation, drainage of waterlogging and soil and water conservation in order to promote the development of agricultural production.In areas prone to salinization and waterlogging, measures should be taken to control and reduce the level of groundwater。

　　If rural collective economic organizations or their members invest in the construction of water engineering facilities on the collective land or contracted land owned by the collective economic organizations according to law, they shall manage and rationally use the water engineering facilities and their water storage in accordance with the principle that the person who invests in the construction shall manage and benefit from the construction。

　　Construction of reservoirs by rural collective economic organizations shall be subject to the approval of the department of water administration of the local people's government at or above the county level。

　　Article 26 The State encourages the development and utilization of hydropower resources。In rivers rich in water energy, multi-objective cascade development should be carried out in a planned way。

　　The construction of hydroelectric power stations shall protect the ecological environment and take into account the needs of flood control, water supply, irrigation, shipping, bamboo and wood transport and fisheries。

　　Article 27 The State encourages the development and utilization of water transport resources。The construction of permanent DAMS and locks on the migratory channels of aquatic organisms, navigable rivers or bamboo and timber rivers，The construction unit shall simultaneously construct facilities for passing fish, boats and logs，Or other remedial measures shall be taken with the approval of the department authorized by The State Council，And properly arrange the protection of aquatic life, shipping and bamboo and wood exile during construction and water storage，The necessary expenses shall be borne by the construction unit。

　　Where a non-navigable river or artificial watercourse is navigable after the construction of a gate or dam, the construction unit of the gate or dam shall at the same time construct the passage facilities or reserve the location of the passage facilities。

　　Article 28 No unit or individual may divert, intercept (store) or discharge water without harming the public interests or the lawful rights and interests of others。

　　Article 29 The state applies the policy of development immigration to migrants for the construction of water projects, properly arranges the production and living of migrants and protects their lawful rights and interests in accordance with the principle of combining compensation and subsidies in the early stage with support in the later stage。

　　Resettlement shall be carried out at the same time as project construction。Construction units shall, in accordance with the environmental capacity of the resettlement areas and the principle of sustainable development, formulate resettlement plans in light of local conditions, and after approval according to law, the relevant local people's governments shall organize the implementation。The required immigration funds are included in the project construction investment plan。

Chapter IV Protection of water resources, waters and water projects

　　Article 30 When formulating plans for the development and utilization of water resources and dispatching water resources, the departments in charge of water administration, river basin management institutions and other relevant departments of the people's governments at or above the county level shall pay attention to maintaining the reasonable flow of rivers and the reasonable water level of lakes, reservoirs and groundwater, so as to maintain the natural purification capacity of water bodies。

　　Article 31 In engaging in water activities such as the development, utilization, conservation, protection and prevention of water disasters of water resources, the approved plans shall be observed;Where the use function of rivers and lakes is reduced, groundwater is overdrawn, land subsidence or water body pollution is caused by violation of the plan, it shall bear the responsibility for treatment。

　　In the case of a drop in the groundwater level, depletion of the water source or collapse of the surface caused by dewatering and drainage during mining of mineral deposits or construction of underground projects, the mining unit or construction unit shall take remedial measures;If losses are caused to the lives and production of others, compensation shall be given according to law。

　　Article 32 The competent department of water administration under The State Council shall, in conjunction with the competent department of environmental protection administration under The State Council, relevant departments and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government，In accordance with comprehensive basin planning, water resources protection planning and economic and social development requirements，To draw up water function divisions of important rivers and lakes determined by the state，Submit to The State Council for approval。Water function zoning of other rivers and lakes across provinces, autonomous regions and municipalities directly under the Central Government，It shall be formulated by the relevant river basin administrative agencies in conjunction with the water administration departments, environmental protection administrative departments and other relevant departments of the people's governments of the provinces, autonomous regions and municipalities directly under the Central government where rivers and lakes are located，After examination by the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, they have put forward their opinions，The water administration department under The State Council shall examine and approve it jointly with the environmental protection administration department under The State Council，Report to The State Council or the department authorized by it for approval。

　　Water function zoning of rivers and lakes other than those provided for in the preceding paragraph，It shall be formulated by the water administrative department of the local people's government at or above the county level in conjunction with the administrative department of environmental protection of the people's government at the same level and other relevant departments，It shall be submitted to the people's government at the corresponding level or the department authorized by it for approval，It shall be reported to the water administrative department at the next level and the administrative department of environmental protection for the record。

　　The department of water administration of the people's government at or above the county level or the river basin management institution shall, in accordance with the requirements of the water functional areas for water quality and the natural purification capacity of the water body, verify the capacity of the water body to absorb pollution, and propose to the competent department of environmental protection administration opinions on limiting the total amount of pollutant discharge in the water body。

　　The department of water administration of the local people's government at or above the county level and the river basin management institution shall monitor the water quality of the water functional zones，It is found that the total discharge of key pollutants exceeds the control index，Or the water quality of the water functional area does not meet the water quality requirements of the water use function，The relevant people's government shall be reported in a timely manner to take control measures，And notify the competent administrative department of environmental protection。

　　Article 33 The State establishes a drinking water source protection area system。The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall designate protected areas for drinking water sources and take measures to prevent the exhaustion of water sources and pollution of water bodies so as to ensure the safety of drinking water for urban and rural residents。

　　Article 34 It is forbidden to set up sewage outlets in drinking water source protection areas。

　　The construction, reconstruction or expansion of sewage outlets in rivers or lakes shall be subject to the consent of the competent department of water administration or river basin administration, and the competent department of environmental protection administration shall be responsible for examining and approving the environmental impact statement of the construction project。

　　Article 35 In the construction of a project, occupying agricultural irrigation water sources, irrigation and drainage facilities, or adversely affecting the original irrigation water or water supply sources, the construction unit shall take corresponding remedial measures;If any loss is caused, compensation shall be given according to law。

　　Article 36 The local people's governments at or above the county level shall take measures to strictly control the exploitation of groundwater in areas where groundwater has been over-exploited。In areas where groundwater exploitation is seriously overdrawn, areas where groundwater exploitation is prohibited or restricted may be demarcated with the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。Exploitation of groundwater in coastal areas shall be subject to scientific proof and measures shall be taken to prevent land subsidence and seawater intrusion。

　　Article 37 It is prohibited to dump or pile up objects obstructing flood discharge and to plant trees and tall culm crops obstructing flood discharge in rivers, lakes, reservoirs, canals and channels。

　　It is prohibited to construct buildings and structures that impede flood discharge within the scope of river course management and to engage in activities that affect the stability of river regime, endanger the safety of river banks and embankments and other activities that impede flood discharge in river courses。

　　Article 38 Bridges, wharves and other structures and structures that block, cross or face rivers shall be constructed within the scope of river course management，Laying cross-river pipelines and cables，It shall comply with the flood control standards prescribed by the State and other relevant technical requirements，The project construction plan shall be submitted to the relevant water administrative department for examination and approval in accordance with the relevant provisions of the Flood Prevention Law。

　　If it is necessary to expand, rebuild, dismantle or damage the original water project facilities due to the construction of the engineering facilities mentioned in the preceding paragraph, the construction unit shall bear the expenses for the expansion and reconstruction and compensate for the losses。However, the original construction facilities are illegal works except。

　　Article 39 The State implements a licensing system for sand mining in river courses。The measures for the implementation of the licensing system for sand mining in river courses shall be formulated by The State Council。

　　Where sand mining within the scope of river control affects the stability of river regime or endangers the safety of embankments, the relevant department of water administration of the people's government at or above the county level shall delimit the prohibited mining areas and stipulate the prohibited mining period, and make a public announcement。

　　Article 40 It is forbidden to build land by encircling lakes。Land that has been reclaimed shall be returned to lakes in a planned manner in accordance with the flood control standards prescribed by the State。

　　Reclamation of river courses is prohibited。Where reclamation is really necessary, it shall, after scientific demonstration and approval by the department of water administration of the people's government of the province, autonomous region or municipality directly under the Central Government or the department of water administration under The State Council, be submitted to the people's government at the corresponding level for approval。

　　Article 41 Units and individuals shall have the obligation to protect water projects, and may not encroach upon or damage such engineering facilities as dikes, bank protection, flood prevention, hydrological monitoring and hydrogeological monitoring。

　　Article 42 Local people's governments at or above the county level shall take measures to ensure the safety of water projects within their respective administrative areas, especially DAMS and embankments, and eliminate dangerous situations within a time limit。The department in charge of water administration shall strengthen the supervision and administration of water project safety。

　　Article 43 The State shall protect water projects。The scope of management and protection of state-owned water projects shall be delimit in accordance with the provisions of The State Council。

　　For water projects managed by the department of water administration under The State Council or the river basin management agency, the competent department or river basin management agency shall, in consultation with the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, delimit the scope of project management and protection。

　　For water projects other than those provided for in the preceding paragraph, the scope of project protection and the duties of protection shall be delimited in accordance with the provisions of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。

　　Within the scope of protection of water projects, it is prohibited to engage in activities such as blasting, drilling Wells, quarrying and collecting soil that affect the operation of water projects and endanger the safety of water projects。

Chapter V Water resources allocation and economical use

　　Article 44 The competent department of development planning under The State Council and the competent department of water administration under The State Council shall be responsible for the macro-allocation of water resources throughout the country。Long-term plans for the supply and demand of water throughout the country and across provinces, autonomous regions and municipalities directly under the Central government shall be formulated by the department of water administration under The State Council in conjunction with other departments concerned and shall be implemented after examination and approval by the department in charge of development planning under The State Council。A local long-term plan for water supply and demand shall be formulated by the department of water administration of the local people's government at or above the county level together with the relevant departments at the same level on the basis of the long-term plan for water supply and demand at the next higher level and the actual situation of the region, and shall be implemented after examination and approval by the department in charge of development plans of the people's government at the same level。

　　Long-term water supply and demand planning shall be based on the current situation of water supply and demand, national economic and social development planning, river basin planning, regional planning, in accordance with the principles of coordination of water supply and demand, comprehensive balance, ecological protection, strict conservation, reasonable open source。

　　Article 45 In regulating and storing runoff and allocating water quantity, water quantity allocation schemes shall be formulated on the basis of river basin planning and long-term water supply and demand planning。

　　Plans for inter-provincial, autonomous regions and municipalities directly under the Central Government for water allocation and pre-plans for water allocation in case of drought emergency shall be formulated by river basin management agencies in consultation with the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and submitted to The State Council or its authorized department for approval before implementation。Other inter-administrative plans for water allocation and pre-plans for water allocation under emergency drought conditions shall be formulated by the water administration department of the people's government at the next higher level in consultation with the relevant local people's government and shall be submitted to the people's government at the same level for approval before implementation。

　　After the water allocation plan and the pre-plan for water allocation under emergency drought situation are approved, the relevant local people's governments must implement them。

　　The construction of water resources development and utilization projects on boundary rivers between different administrative areas shall conform to the approved water allocation plans for the river basins, and shall be submitted to the relevant local people's governments at or above the county level for approval to the water administrative departments of the people's governments at the next higher level or to the relevant river basin administrative institutions。

　　Article 46 The department of water administration of the local people's government at or above the county level or the basin management institution shall, on the basis of the approved water allocation plan and the annual forecast water intake, formulate an annual water allocation plan and scheduling plan, and implement unified water allocation;The local people's governments concerned must obey。

　　The annual water allocation plans for major rivers and lakes determined by the State shall be incorporated into the annual plans for national economic and social development of the State。

　　Article 47 The State applies a system combining total control and quota management of water use。

　　The competent departments of industries under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate water consumption quotas for industries within their respective administrative areas，Report to the water administrative department and quality supervision and inspection administrative department at the same level after approval，It shall be promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government，It shall be submitted to the water administrative department under The State Council and the administrative department of quality supervision and inspection under The State Council for the record。

　　The competent department of development planning of the local people's government at or above the county level shall, together with the competent department of water administration at the same level, formulate an annual water use plan in accordance with the water consumption quota, economic and technical conditions and the amount of water available for use in their respective administrative areas as determined by the water allocation plan, and exercise total annual control over the water use in their respective administrative areas。

　　Article 48 Units and individuals that directly draw water resources from rivers, lakes or underground shall, in accordance with the provisions of the State water drawing license system and the system of paid use of water resources, apply to the department of water administration or the basin management agency for a water drawing license, pay water resources fees, and obtain the right to draw water。However, a small amount of water is excepted for household life and sporadic free-range or captive livestock and poultry drinking。

　　The specific measures for the implementation of the water intake licensing system and the collection and management of water resources fees shall be formulated by The State Council。

　　Article 49 Water shall be measured and used in accordance with the approved water consumption plan。

　　A system of metering charges and progressive price increases over quota shall be implemented for water use。

　　Article 50 People's governments at all levels shall promote water-saving irrigation methods and water-saving technologies, take necessary anti-leakage measures for agricultural water storage and water transport projects, and improve the efficiency of agricultural water use。

　　Article 51 Advanced technologies, processes and equipment shall be adopted for industrial water use to increase the number of times of recycling water and increase the reuse rate of water。

　　The State shall phase out backward technologies, equipment and products with high water consumption, and the specific list shall be formulated and published by the department in charge of general economic affairs under The State Council in conjunction with the department in charge of water administration under The State Council and other relevant departments。Producers, sellers or users in production and business operations shall stop producing, selling or using the listed processes, equipment and products within the prescribed time。

　　Article 52 Urban people's governments shall, in light of local conditions, take effective measures to popularize water-saving household water appliances, reduce the leakage rate of urban water supply pipe networks, and improve the efficiency of domestic water use;Strengthen the centralized treatment of urban sewage, encourage the use of recycled water, and improve the utilization rate of sewage recycling。

　　Article 53 For new construction, expansion and reconstruction projects, water-saving measures shall be formulated and water-saving facilities shall be built in support。Water-saving facilities shall be designed, constructed and put into operation at the same time as the main project。

　　Water supply enterprises and units that build their own water supply facilities shall strengthen the maintenance and management of water supply facilities to reduce water leakage。

　　Article 54 People's governments at all levels shall actively take measures to improve the drinking water conditions for urban and rural residents。

　　Article 55 Anyone using water supplied by a water project shall pay a water charge to the water supply unit in accordance with the provisions of the State。The price of water supply shall be determined in accordance with the principles of cost compensation, reasonable returns, high quality and high price, and fair burden。The specific measures shall be formulated by the pricing departments of the people's governments at or above the provincial level in conjunction with the water administration departments at the same level or other water supply administrative departments in accordance with their functions and powers。

Chapter VI Water disputes settlement and law enforcement supervision and inspection

　　Article 56 Water disputes between different administrative regions shall be settled through consultation.If consultations fail, the people's government at the next higher level shall make a ruling, and the parties concerned must abide by it。Prior to the settlement of a water dispute, without the agreement of the parties or the approval of the common people's government at the next higher level, no party may, within a certain range on either side of the boundary of an administrative region, construct a project to drain, block, take in or intercept (store) water, or unilaterally change the status quo of the water。

　　Article 57 Water disputes between units, between individuals or between units and individuals shall be settled through consultation.If the parties are unwilling to negotiate or fail to negotiate, they may apply for mediation by a local people's government at or above the county level or a department authorized by it, or they may directly bring a civil suit in a people's court。If mediation fails by a local people's government at or above the county level or a department authorized by it, the parties may bring a civil suit in a people's court。

　　Prior to the settlement of the water dispute, the parties may not unilaterally change the status quo。

　　Article 58 The people's government at or above the county level or the department authorized by it shall have the right to take provisional measures for the disposal of water disputes, and the parties or parties concerned must obey。

　　Article 59 The departments of water administration and river basin management of the people's governments at or above the county level shall strengthen supervision and inspection of violations of this Law and investigate and handle them according to law。

　　Water administration supervisors and inspectors shall be loyal to their duties and enforce the law impartially。

　　Article 60 When performing the supervision and inspection functions provided for in this Law, the water administration departments, river basin management institutions and their water administration supervision and inspection personnel shall have the right to take the following measures:

　　(1) require the units under inspection to provide relevant documents, licenses and materials;

　　(2) to request the units under inspection to make explanations on issues related to the implementation of this Law;

　　(3) entering the production site of the unit under inspection for investigation;

　　(4) To order the units under inspection to cease acts in violation of this Law and perform their statutory obligations。

　　Article 61 The units or individuals concerned shall cooperate with the supervision and inspection work of the water administration supervisors and inspectors, and may not refuse or hinder the water administration supervisors and inspectors from performing their duties according to law。

　　Article 62 The water administration supervisors and inspectors, when performing their duties of supervision and inspection, shall present their law enforcement certificates to the units or individuals under inspection。

　　Article 63 Where the people's government at or above the county level or the water administrative department at a higher level finds that the water administrative department at the same level or at the lower level has violated the law or dereliction of duty in the course of supervision and inspection, it shall order it to make corrections within a time limit。

Chapter VII Legal liability

　　Article 64 Water administrative departments or other relevant departments and water project management units and their staff，Take advantage of one's position to receive property or other benefits from others or neglect one's duties，Issue licenses to units or individuals that do not meet the statutory conditions and sign examination and consent opinions，Water is not allocated according to the water allocation plan，Water resources fees are not collected in accordance with relevant state regulations，Failure to perform supervision duties，Or they shall not investigate and punish illegal acts found，Have serious consequences，criminal，The persons in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law;Not enough for criminal punishment，Give administrative sanction according to law。

　　Article 65 Buildings and structures obstructing flood discharge shall be constructed within the scope of river course management，Or engaging in activities affecting the stability of river regime, endangering the safety of river banks and levees and other activities impeding flood discharge in river courses，The water administration departments or river basin management agencies of the people's governments at or above the county level shall act according to their functions and powers，Order to stop the illegal act，Demolish illegal buildings and structures within a specified time limit，Restitution;Failing to dismantle or restore to the original state within the time limit，Forced demolition，The required expenses shall be borne by the illegal unit or individual，And a fine of not less than 10,000 yuan but not more than 100,000 yuan。

　　Without the consent of the water administration department or the basin management agency，Unauthorized construction of water projects，Or construct Bridges, wharves and other structures and structures that block, cross or face rivers，Laying cross-river pipelines and cables，And not stipulated in the flood prevention Law，The water administration departments or river basin management agencies of the people's governments at or above the county level shall act according to their functions and powers，Order to stop the illegal act，Make up the relevant formalities within a time limit;Failing to make a replacement within the time limit or failing to be approved，Order the demolition of illegal buildings and structures within a time limit;Those that are not dismantled within the time limit，Forced demolition，The required expenses shall be borne by the illegal unit or individual，And a fine of not less than 10,000 yuan but not more than 100,000 yuan。

　　Where, despite the consent of the water administrative department or the river basin administrative institution, the construction facilities listed in the preceding paragraph are not built in accordance with the requirements, the water conservancy administrative department or the river basin administrative institution of the people's government at or above the county level shall, in accordance with its functions and powers, order rectification within a time limit and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to the seriousness of the circumstances。

　　Article 66 Where any of the following acts is not provided for in the Flood Prevention Law, the department of water administration or the river basin management department of the people's government at or above the county level shall, in accordance with its functions and powers, order him to stop the illegal act, remove the obstacles within a time limit or take other remedial measures, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:

　　(1) dumping or piling up objects obstructing flood discharge or planting trees or tall stalk crops obstructing flood discharge in rivers, lakes, reservoirs, canals or channels;

　　(2) reclaiming lakes to create land or reclaiming river courses without approval。

　　Article 67 Where a sewage outlet is installed in a drinking water source protection area, the local people's government at or above the county level shall order it to be dismantled and restored to its original state within a time limit.Those who fail to dismantle or restore to the original state within the time limit shall be forcibly dismantled or restored to the original state and shall be fined not less than 50,000 yuan but not more than 100,000 yuan。

　　Without the examination and approval of the water administration department or the basin management agency，Building, rebuilding or expanding sewage discharge outlets in rivers or lakes without authorization，The water administration departments or river basin management agencies of the people's governments at or above the county level shall act according to their functions and powers，Order to stop the illegal act，Restitution within a time limit，A fine of not less than 50,000 yuan but not more than 100,000 yuan。

　　Article 68 Whoever produces, sells or uses, in the course of production and business operation, backward and high-water consuming technologies, equipment or products that have been eliminated by the State, shall be ordered by the competent department for comprehensive economic affairs of the local people's government at or above the county level to stop the production, sale or use and shall be fined not less than 20,000 yuan but not more than 100,000 yuan。

　　Article 69 Whoever commits any of the following acts shall, in accordance with its functions and powers, be ordered by the department of water administration of the people's government at or above the county level or the river basin administrative department to stop the illegal act, take remedial measures within a time limit, and be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan;If the circumstances are serious, its water drawing license shall be revoked:

　　(1) Drawing water without approval;

　　(2) failing to draw water in accordance with the conditions specified in the approved water drawing license。

　　Article 70 Refusing to pay, delaying payment or defaulting on payment of water resources fees，The water administration departments or river basin management agencies of the people's governments at or above the county level shall act according to their functions and powers，Order payment within a time limit;Overdue payment，From the date of late payment, a late fee of 2 ‰ of the late payment will be charged on a daily basis，A fine of not less than one time but not more than five times the amount of water resources fees payable or paid in arrearage shall also be imposed。

　　Article 71 Where water-saving facilities of a construction project are not built or fail to meet the requirements prescribed by the State, and are put into use without authorization, the relevant department of the people's government at or above the county level or the river basin administrative department shall, in accordance with its functions and powers, order them to stop using them, make corrections within a time limit, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan。

　　Article 72 One of the following acts，criminal，Investigate criminal responsibility in accordance with the relevant provisions of the Criminal Law;Not enough for criminal punishment，And not stipulated in the flood prevention Law，The water administration department or river basin management department of the local people's government at or above the county level shall be based on its functions and powers，Order to stop the illegal act，Take remedial action，A fine of not less than 10,000 yuan but not more than 50,000 yuan;Violating the Law on Penalties for public security administration，The public security organs shall impose administrative penalties for public security according to law;Causing loss to others，Bear compensation liability according to law:

　　(1) occupying or destroying water projects, levees, bank protection and other related facilities, or damaging flood control, hydrological monitoring and hydrogeological monitoring facilities;

　　(2) engaging in activities such as blasting, drilling Wells, quarrying or collecting soil that affect the operation of water projects and endanger the safety of water projects within the scope of the protection of water projects。

　　Article 73 Occupying, stealing or robbing flood control materials，Flood control and drainage, farmland water conservancy, hydrological monitoring and measurement, and other water engineering equipment and equipment，Embezzling or misappropriating state funds and goods for disaster relief, emergency rescue, flood prevention, resettlement and compensation, and other water conservancy projects，criminal，Criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law。

　　Article 74 Whoever incites disturbances, gang fights, snatches or damages public or private property, or illegally restricts the personal freedom of others during the occurrence and settlement of a water dispute, if the case constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law;If the case is not serious enough for criminal punishment, the public security organ shall give administrative punishment for public security according to law。

　　Article 75 Where a water dispute occurs between different administrative regions and one of the following acts is committed, administrative sanctions shall be imposed on the persons in charge and other persons directly responsible according to law:

　　(1) refusing to implement the water allocation plan and the water scheduling plan;

　　(2) refusing to obey the unified water allocation;

　　(3) refusing to implement the ruling of the people's government at the next higher level;

　　(4) Before the settlement of a water dispute, unilaterally changing the status quo of water in violation of the provisions of this Law without an agreement between the parties or approval by the people's government at the next higher level。

　　Article 76 Whoever diverts water, intercepts (stores) or drains water, thereby harming the public interests or the lawful rights and interests of others, shall bear civil liability according to law。

　　Article 77 Administrative penalties for violations of the provisions of Article 39 of this Law concerning the licensing system for sand mining in river courses shall be prescribed by The State Council。

Chapter VIII Supplementary Provisions

　　Article 78 If any international treaty or agreement concerning an international or frontier river or lake concluded or acceded to by the People's Republic of China contains provisions different from those of the laws of the People's Republic of China, the provisions of the international treaty or agreement shall apply。However, the provisions on which the People's Republic of China has declared reservations are excluded。

　　Article 79 The term "water projects" as used in this Law means all kinds of projects for the development, utilization, control, allocation and protection of water resources on rivers, lakes and underground water sources。

　　Article 80 The development, utilization, protection and management of seawater shall be carried out in accordance with the provisions of relevant laws。

　　Article 81 Activities concerning flood control shall be carried out in accordance with the provisions of the Flood Control Law。

　　The prevention and control of water pollution shall be implemented in accordance with the provisions of the Law on the Prevention and Control of Water Pollution。

　　Article 82 This Law shall come into force as of October 1, 2002。