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Regulations On Water Regulation Of The Yellow River

Original Language Title: 黄河水量调度条例

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    Chapter I General provisions article to strengthen integrated water regulation of the Yellow River, and realize the sustainable utilization of water resources of the Yellow River, promotion of economic and social development and related areas in the Yellow River basin and improvement of the ecological environment, according to the People's Republic of China water, this Ordinance is enacted.
    Second Yellow River Valley in Qinghai, Sichuan, Gansu province, Ningxia Hui autonomous region, Inner Mongolia autonomous region and Shanxi province, Shanxi province, Henan province, Shandong province, as well as the approval of the State Council access to Yellow River to Hebei province and Tianjin municipality (hereinafter referred to as 11 provinces) of Yellow River water dispatching and management, application of this regulation.
    Third countries on the implementation of an integrated water regulation of the Yellow River, guided by total control, flow control, classification management and classification principle of responsibility.
    Implementation of water regulation of the Yellow River, should first meet the needs of domestic water consumption in urban and rural areas, arranging water for agriculture, industry, environment, preventing the flow of the Yellow River.
    Article fourth Yellow River water dispatching planning, scheduling and dispatching instruction execution, and executive heads of local people's Governments in charge of Yellow River Conservancy Commission and its management bodies, as well as departments or units mainly leadership responsibility system of reservoirs.
    Fifth water Administrative Department under the State Council and the State Council development and reform authorities are responsible for organizing, coordinating, supervising, directing water regulation of the Yellow River.
    Yellow River Conservancy Commission in accordance with the provisions of this Ordinance are responsible for Yellow River water dispatching organization and supervision and inspection work.
    Relevant local people's Governments at or above the county level the water conservancy administrative departments and institutions belonging to the Yellow River Water Conservancy Committee management, in accordance with the provisions of this regulation responsible water regulation of the Yellow River within the scope of implementation and supervision and inspection work.
    Article sixth of water regulation of the Yellow River have made remarkable achievements in the work unit or individual, by the relevant departments of the people's Government at or above the county level shall be rewarded.
    Chapter II, article seventh Yellow River water allocation scheme for water distribution, developed by the 11 provinces in the people's Government of the Yellow River Water Conservancy Committee, the State Council development and reform authorities and water conservancy administrative departments under the State Council to review and approval by the State Council.
    Yellow River water allocation plans approved by the State Council, is the basis of water regulation of the Yellow River, local people's Governments concerned and the Yellow River Water Conservancy Commission and its management bodies must be complied with.
    Eighth article developed Yellow River water distribution programme, should followed following principles: (a) according to basin planning and water medium-and long-term supply and demand planning; (ii) insisted plans water, and save water; (three) full consider yellow water resources conditions, take water status, and supply and demand situation and the development trend, play Yellow River water resources of integrated benefits; (four) integrated life, and production, and ecological environment water; (five) right processing Shang downstream, and around Bank of relationship; (six) Science determine River lost sand into sea water and can for water.
    Available water referred to in the preceding paragraph, refers to the Yellow River Valley, tributary of the average natural runoff, apart from the necessary water and sediment into the sea, available for urban and rural residents, agriculture, industrial and ecological environment of rivers in the maximum quantity of water.
    Nineth of Yellow River water allocation plans need to be adjusted, should consist of 11 provinces in the people's Government of the Yellow River Water Conservancy Committee, a proposal by the State Council development and reform authorities and water conservancy Administrative Department under the State Council, the State Council for approval.
    Chapter III article tenth of water regulation of the Yellow River water dispatching an annual water allocation plan with months, ten water regulation schemes and scheduling instructions with a combination of scheduling methods.
    Water regulation of the Yellow River for the year from July 1 to June 30 of the year. 11th dry Yellow River, tributary of annual and monthly water reservoir operation plan plan suggestions and recommendations from 11 provinces and municipal water conservancy administrative departments and Bureau of Henan and Shandong Yellow River and reservoir management unit, in accordance with the scheduled administrative rights and provisions to the Yellow River Water Conservancy Committee declared.
    Henan and Shandong Yellow River Bureau declared the water of the Yellow River project proposals, people's Government of Shandong province, Henan province, the water conservancy Administrative Department.
    12th annual water allocation plan by 11 provinces in the people's Government of the Yellow River Water Conservancy Committee of water Administrative Department and Henan, Shandong Yellow River Affairs Bureau as well as reservoir management unit developed, approved by the water conservancy Administrative Department under the State Council and released, with a copy to the State Council development and reform Department. Approved the annual water allocation plan, is to identify the month, ten water regulation schemes and basis for annual stem, tributaries of the Yellow River water control targets.
    Annual water allocation plans should be included in the annual plans for national economic and social development.
    13th annual water allocation plan of Yellow River water allocation should be based on the approved programme and annual forecasts to water, the reservoir, according to the same proportion increased blight reduction, the principle of multi-year regulating storage reservoir fill dry, balanced reporting of annual water use plan and reservoir operations plan developed on the basis of the recommendations.
    14th annual water of the Yellow River Conservancy Commission shall, in accordance with approved schedules and reporting month water reservoir operation plan plan proposals, recommendations, developed and released months water regulation schemes; water height should be based on the need to develop and release water regulation schemes.
    15th section of Yellow River Water Conservancy Committee based on the real-time hydrologic, rain, drought, moisture, reservoir and water, is issued monthly, water can be schedule adjustments, release scheduling instructions. 16th article Qinghai province, and Sichuan province, and Gansu province, and Ningxia Hui autonomous region,, and Inner Mongolia autonomous region,, and Shaanxi Province, and Shanxi province territory Yellow River dry, and tributaries of water, respectively by the provincial Government water administrative competent sector is responsible for scheduling; Henan province, and Shandong province territory Yellow River River of water, respectively by Henan, and Shandong Yellow River River Works Council is responsible for scheduling, tributaries of water, respectively by Henan province, and Shandong Province Government water administrative competent sector is responsible for scheduling; adjustable into Hebei province, and Tianjin City of Yellow River water, respectively by Hebei province, and
    Tianjin Municipal Water Conservancy administrative departments are responsible for scheduling.
    City and County Water Conservancy administrative departments and institutions belonging to the Yellow River Water Conservancy Committee management, responsible for the distribution of water in the context of the schedule.
    Implementation of water regulation of the Yellow River, must comply with the approved annual water allocation plan and issued monthly, as well as real time water regulation schemes control order.
    17th article Dragon sheep Gorge, and liujiaxia, and million home Zhai, and sanmenxia, and small waves end of, and West Xia hospital, and so County, and Dongping Lake, reservoir, by Yellow River water Committee organization implementation water scheduling, issued months, and ten water scheduling programme and the real-time scheduling instruction; necessary Shi, Yellow River water Committee can on big Gorge, and sand TOU, and qingtongxia, and three Cheng Gong, and land Hun, reservoir organization implementation water scheduling, issued real-time scheduling instruction.
    Reservoir specific department or unit is responsible for implementing the Department's reservoirs water allocation and water dispatching instruction generation scheduling arrangements. Article 18th hydrological flow control water regulation of the Yellow River.
    Hydrologic section of the Yellow River's flow control, provided by the Yellow River Conservancy Committee; an important tributary of the hydrologic section and flow control, in conjunction with the Yellow River basin by the Yellow River Water Conservancy Committee related provinces and autonomous regions water conservancy administrative departments under the people's Government.
    Qinghai province, Gansu province, Ningxia Hui autonomous region, Inner Mongolia, Henan, and Shandong provincial people's Government, are responsible for and ensure the xunhua, Riverside, shizuishan, under the first turn, gaocun, lijin hydrological discharge in conformity with the provisions of section control indicators of Shaanxi Province and Shanxi province people's Government jointly responsible and ensure that discharge at tongguan hydrologic section of compliance control.
    The longyang Gorge, liujiaxia, wanjiazhai, sanmenxia and xiaolangdi reservoir of competent authorities or units, respectively, be responsible and ensure that the Guide, Ogawa, wanjiazhai, sanmenxia, xiaolangdi hydrologic flows in conformity with the provisions of the section control. 19th provincial or stem, tributaries of the Yellow River control section and the flow control section of the discharge according to hydrological station established by a State monitoring.
    Controversial for hydrological monitoring data, subject to the hydrological monitoring data identified by the Yellow River Conservancy Commission.
    20th must in annual water allocation scheme used in other provinces, autonomous regions and municipalities within the plan of water distribution indicators shall make application to the Yellow River Water Conservancy Committee, organized by the Yellow River Water Conservancy Committee the parties on the basis of consensus, a proposal of water administration under the State Council for approval before implementation.
    The fourth chapter emergency dispatch article 21st case of severe drought, provincial or control flow down to alert traffic, reservoir operation, serious water pollution accidents, and so on, may be caused by water crisis, when the flow of the Yellow River, the Yellow River Water Conservancy Committee shall organize the implementation of emergency dispatch.
    22nd section of Yellow River Water Conservancy Committee 11 provinces should be Governments, and departments or units of the reservoir, development of water regulation under the drought emergency plan review by the water conservancy administrative departments under the State Council and submitted to the State Council or the authorized departments of the State Council for approval.
    Article 23rd 11 provinces in the people's Government of the water conservancy administrative departments and Bureau of Henan and Shandong Yellow River and reservoir management unit should be based on the approved water regulation under the drought emergency plans, formulating an implementation plan, with a copy to the Yellow River Water Conservancy Committee.
 24th when there is a drought emergency, agreed by the water conservancy administrative departments under the State Council, implemented by the Yellow River Conservancy Commission water regulation under the drought emergency plans, and adjusting the water reservoir and flow control targets when necessary, can be related in the Yellow River basin provinces and autonomous regions water intake of the main direct dispatch.
    Above the county level people's Government, reservoir management unit should be under the drought emergency of water allocation plan and scheme, reasonable arrangements for water use plans, ensuring inter-provincial or important control section and outbound flow control discharge in conformity with the provisions of the section control. 25th article when there is a drought emergency, 11 provinces water conservancy administrative departments and the people's Government of Henan, Shandong Bureau of Yellow River and reservoir management unit shall be submitted daily to the Yellow River Conservancy Commission takes (retired) reservoirs and water (discharge) of water.

    26th article appeared province inter or important control section flow fell to warning flow, and reservoir run fault and major water pollution accident, situation Shi, Yellow River water Committee and belongs management institutions, and about provincial government and water administrative competent sector and environmental protection competent sector and reservoir management units, should according to need, according to provides of permission and duties, timely take pressure reduction take water until close take water mouth, and implementation reservoir emergency relief flow programme, and strengthening hydrological monitoring, and
    Imposed on polluters disposal measures such as limiting or suspend production, relevant departments and units must comply.
    Interprovincial or important warning traffic control section, identified by the Yellow River Conservancy Commission.    
    Article 27th emergency dispatch, need to tap reservoirs of dead storage, from relevant departments or units of the reservoir of the Yellow River Water Conservancy Committee, developed the use of dead storage of reservoir water regulation schemes, review by the water conservancy administrative departments under the State Council and submitted to the State Council or the authorized departments of the State Council for approval before implementation.
    Fifth article 28th of supervision and management of Yellow River Conservancy Commission and its management bodies and local people's Governments at or above the county level of water within the scope of the jurisdiction of the competent administrative departments should strengthen the supervision and inspection of the implementation of water regulation.
    29th, 11 provinces and municipal water conservancy administrative departments and Henan, Shandong Yellow River Bureau, should be stipulated by the water conservancy Administrative Department under the State Council, submitted within the scope of the jurisdiction taken to the Yellow River Water Conservancy Committee (retired) water reports.
    Article 30th instrument formats of water regulation of the Yellow River, prepared by the Yellow River Conservancy Commission, published and submitted to the water Administrative Department under the State Council for the record.
    31st section of Yellow River Water Conservancy Committee shall regularly to 11 provinces in the people's Government on the implementation of water regulation of the Yellow River Water Conservancy administrative departments and reservoir informed the head of Department or Office, and announced to the public in a timely manner.
    32nd article Yellow River water Committee and belongs management institutions, and County above place Government water administrative competent sector, should in their of duties range within implementation tour supervision check, in water peak Shi on main take (back) water mouth implementation focus supervision check, in special situation Xia on about River, and reservoir, and main take (back) water mouth for stationed supervision check; found focus pollutants emissions total over control index or water serious pollution Shi, should timely informed about government environmental protection competent sector.
    33rd article Yellow River water Committee and belongs management institutions, and County above place Government water administrative competent sector implementation supervision check Shi, right to take following measures: (a) requirements was check units provides about file and information, for check out or copy; (ii) requirements was check units on implementation this Ordinance of about problem for description; (three) into was check units production places for site check; (four) on take (back) water for site monitoring;
    (V) ordered the units under inspection to rectify breaches of the rules of conduct.
Article 34th when supervisors and inspectors in the performance of duties of supervision and inspection, shall produce to the inspected unit or individual law enforcement credentials, combined with supervision by units or individuals shall be subject to examination and inspection, and shall not refuse or impede the supervision and inspection personnel performing official business according to law.
    Sixth chapter legal responsibility 35th article violation this Ordinance provides, has following behavior one of of, on has responsibility of competent personnel and other directly responsibility personnel, by its superior competent sector, and units or monitored organ law give disposition: (a) not developed annual water scheduling plans of; (ii) not timely issued months, and ten water scheduling programme of; (three) not developed drought emergency situation Xia of water scheduling plans and implementation programme and use reservoir died capacity water scheduling programme of. 36th article violation this Ordinance provides, has following behavior one of of, on has responsibility of competent personnel and other directly responsibility personnel, by its superior competent sector, and units or monitored organ law give disposition; caused serious consequences, constitute crime of, law held criminal: (a) not implementation annual water scheduling plans and issued of months, and ten water scheduling programme and real-time scheduling instruction of; (ii) not implementation drought emergency situation Xia of water scheduling plans and implementation programme, and
    Emergency measures and the use of dead storage reservoirs of water regulation water regulation schemes, (iii) failure to perform a duty of supervision and inspection is not investigated or found violations committed; (iv) other abuse of power, dereliction of duty and other violations. 37th article province inter or important control section discharged flow not meet provides of control index of, by Yellow River water Committee be informed, ordered deadline corrected; late not corrected of, according to control section discharged flow of deficiency water, next a scheduling period double deduction; on control section downstream water scheduling produced serious effect or caused other serious consequences of, this year no longer added the province, and autonomous regions of take water project.
    The persons in charge and other direct liable persons, by the competent departments, units or organs shall be subject to punishment.
    Article 38th out of the reservoir flow control discharge is not in conformity with the provisions of section control, have serious implications for control section of water dispatching, the persons in charge and other direct liable persons, by the competent departments, units or organs shall be subject to punishment.
    39th article violation this Ordinance provides, about water units or reservoir management units has following behavior one of of, by County above place Government water administrative competent sector or Yellow River water Committee and belongs management institutions according to management permission, ordered stop violations, give warning, deadline take remedy measures, and at 20,000 yuan above 100,000 yuan following fine; on has responsibility of competent personnel and other directly responsibility personnel, by its superior competent sector, and units or monitored organ law give disposition:
    (A) false reporting or tampering with reports of hydrological monitoring data, take the water reservoir operation, data or information; (b) the water reservoir management unit does not perform scheduling and real-time scheduling instructions; (c) Hyper-planned water withdrawal.
    40th in violation of the provisions of this Ordinance, any of the following acts, by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law: (a) hinder or obstruct the inspectors or water intake project management personnel performing official business according to law; (b) inciting a riot in the water regulation.
    In the seventh chapter supplementary articles article 41st water regulation of the Yellow River, recommendations relating to water use plan and reservoir operation plan called for the reporting time, annual water allocation plan, release time, month, ten days released time water regulation schemes, and (retired) water water report submitted to time, by the water conservancy Administrative Department under the State Council.
    42nd article of water regulation of the Yellow River water resources protection, flood control, ice prevention and control of water pollution, in accordance with the People's Republic of China water and the People's Republic of China flood control law and the People's Republic of China Law on water pollution prevention and control regulations. 43rd article of the regulations come into force on August 1, 2006. (End)