Water Law of the People's Republic of China

Water Law of the People's Republic of China

Order of the President [1988] No.61

January 21, 1988

(Adopted at the 24th Meeting of the Standing Committee of the Sixth National People's Congress and promulgated by Order No. 61 of the President of the People's Republic of China on January 21, 1988, and effective as of July 1, 1988)

Content
CHAPTER I GENERAL PROVISIONS
CHAPTER II DEVELOPMENT AND UTILIZATION
CHAPTER III PROTECTION OF WATER, WATER AREAS AND WATER PROJECTS
CHAPTER IV MANAGEMENT OF THE USE OF WATER
CHAPTER V FLOOD PREVENTION AND FLOOD FIGHTING
CHAPTER VI LEGAL LIABILITY
CHAPTER VII SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS
　
Article 1 This Law is formulated for the rational development and utilization of water resources and the protection of such resources, for the prevention and control of water disasters, and for the full derivation of comprehensive benefits from water resources in order to meet the needs in national economic development and in the livelihood of the people.
　
Article 2 The " water resources " referred to in this Law includes surface water and groundwater. This Law must be observed in the development, utilization, protection and management of water resources and in the prevention and control of water disasters within the territory of the People's Republic of China.
Provisions for the development, utilization, protection and management of sea water shall be stipulated separately.
　
Article 3 Water resources shall be owned by the state, that is, by the whole people.
The waters of ponds and reservoirs belonging to agricultural collective economic organizations shall be owned by the collectives.
The state shall protect the lawful rights and interests of units and individuals engaged in the development and utilization of water resources in accordance with law.
　
Article 4 The state shall encourage and support various undertakings for the development and utilization of water resources and for the prevention and control of water disasters.
The development and utilization of water resources and the prevention and control of water disasters shall be carried out by comprehensive planning with all factors taken into consideration, and with emphasis on multipurpose use and on achieving maximum benefits so as to give full play to the multiple functions of water resources.

Article 5. The state shall protect water resources and adopt effective measures to preserve natural flora, plant trees and grow grass, conserve water sources, prevent and control soil erosion and improve the ecological environment.

Article 6. All units shall strengthen the prevention and control of water pollution so as to protect and improve water quality. People's governments at various levels shall, in accordance with the provisions of the Law on the Prevention and Control of Water Pollution, strengthen supervision over, and management of, the prevention and control of water pollution.
　
Article 7 The state shall carry out planning and require strict economy in the use of water.
People's governments at various levels shall strengthen the management of the economical use of water. All units shall adopt advanced technology for the economical use of water, reduce water consumption and raise the frequency of the reuse of water.
　
Article 8 Units and individuals that have made outstanding achievements in the development, utilization, protection and management of water resources, in the prevention and control of water disasters, in the economical use of water and in related scientific and technological research shall be awarded by the people's governments at the corresponding level.
　
Article 9 The state shall, with respect to water resources, adopt a system which combines unified administration with administration at various levels and by various departments.
The department of water administration under the State Council shall be in charge of the unified administration of water resources throughout the country.
Other relevant departments under the State Council shall, in accordance with the duties assigned to them by the State Council, be in charge of the administration of water resources related to them in coordination with the department of water administration under the State Council.
The departments of water administration and other relevant departments of the local people's governments at or above the county level shall be in charge of the administration of water resources related to them in accordance with the duties assigned to them by the people's governments at the corresponding level.

CHAPTER II DEVELOPMENT AND UTILIZATION
　
Article 10 In order to develop and utilize water resources, a comprehensive scientific survey and an investigation and assessment must be undertaken. The comprehensive scientific survey and the investigation and assessment of water resources throughout the country shall be carried out by the department of water administration under the State Council jointly with other departments concerned.
　
Article 11 The development and utilization of water resources as well as the prevention and control of water disasters shall be planned in a unified way on the basis of river basins or regions. The plans are divided into comprehensive plans and special plans.
Comprehensive plans for major river basins designated by the state shall be formulated by the department of water administration under the State Council jointly with the relevant departments and with the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government, and shall be submitted to the State Council for approval. Comprehensive plans for other river basins or regions shall be formulated by the departments of water administration of local people's governments at or above the county level jointly with the relevant departments and local authorities, and shall be submitted to the people's governments at the corresponding level for approval and to the departments of water administration at the next higher level for the record. Comprehensive plans shall be coordinated with the National Land Plan and take into consideration the needs in various regions and trades.
Special plans for the prevention of floods, the control of water-logging, irrigation, navigation, urban and industrial water supply, hydro-electric power generation, bamboo or log rafting, fishery, water quality protection, hydrologic surveys, the general prospecting and dynamic monitoring of groundwater, etc., shall be formulated respectively by the competent departments of the people's governments at or above the county level and shall be submitted to the people's governments at the corresponding level for approval.
The approved plans shall serve as the bases for the development and utilization of water resources as well as the prevention and control of water disasters.
　　......