Water Licensing Management

Original Language Title: 取水许可管理办法

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(April 9, 2008 the Ministry of water resources announced come into force on the date of promulgation, 34th) Chapter I General provisions article to strengthen the management for water licensing, standardized application, approval, supervision and management of the water, under the People's Republic of China water and the water licensing and administration of water resources fee collection Ordinance (hereinafter referred to as the water Ordinance) and other laws and regulations, these measures are formulated.
    Second unit and access to water resources and water licensing management activities water Administrative Department and watershed management institutions and their staff shall abide by these measures.
    Article III Ministry of water resources is responsible for the Organization of the national system of water licensing implementation and supervision.
    Ministry of water resources basin management organs (hereinafter referred to as watershed management), in accordance with the laws and regulations and the provisions of the Ministry of water resources management permissions, water licensing systems within the jurisdiction is responsible for the implementation and supervision and management.
    Local people's Governments at or above the county level Department of water administration in accordance with the provinces, autonomous regions, and municipalities under graded management permissions, in charge of the water licensing systems within the administrative area of organization, implementation and supervision.
    Approval basin in the fourth section the total water consumption of water should not exceed the State approved by the amount of available water resources.
    Approved water intake of total amount of water in the administrative area, shall not exceed the watershed management institution or level of water can be issued by the competent administrative Department for the administration of water access.
    Chapter II-water application and acceptance to article fifth government system of examination and approval of construction projects, the applicant shall submit construction project (pre) feasibility study reports, applications for water.
    Construction projects included in the list of projects approved by the Government, the applicant shall submit project application report, applications for water.
    Into government records list of projects construction projects and other not included in the national construction projects of capital construction management procedures, applicants should be in front of the water intake project, making water applications.
    Sixth application for water and set into the river outlet, the applicant applied for water at the same time, shall, in accordance with the relevant provisions into the river discharge outlet supervision and management measures of river discharge outlet set up an application be filed.
    Article seventh water direct access to other units or individual water or drainage, shall handle the water permit application. Eighth must apply for the construction of water projects, the applicant shall entrust a qualified unit preparing report on water resources argumentation for construction projects.
    Among them, the water less and less influence on the surrounding environment of the construction project, the applicant is not prepared report on water resources argumentation for construction projects, but should complete the construction project water resources demonstration schedule.
    Do not need to report on the preparation of water resources argumentation for construction projects of water resources argumentation for construction projects and table formats and requirements, specified by the Ministry of water resources.
    Nineth water administration under the people's Governments above the county level departments or catchment management agencies shall organize relevant experts to review report on water resources argumentation for construction projects, and writing reviews, as a basis for approving an application for water technology. Tenth article take water Ordinance 11th article first paragraph fourth items by said of State water administrative competent sector provides of other material including: (a) take water units or personal of statutory identity proved file; (ii) has interest relationship third party of commitment book or other file; (three) construction project water resources argument report book of review views; (four) not need prepared construction project water resources argument report book of, should submitted construction project water resources argument table; (five) using has approved of into river sewage mouth back water of,
    Local people's Governments at or above the county level shall issue has jurisdiction the water conservancy administrative departments or watershed management agency approval. 11th applicant shall make application to the approval authority has permission.
    Applications use a variety of sources, and a variety of different water-water the approving authority shall apply to the approval authority at the highest level.
    Applications in groundwater limits of exploitation of groundwater in mining area shall be made to the location of the water intake of provinces, autonomous regions and municipalities water conservancy administrative departments to apply.
    Water licensing rights belong to basin management agencies shall be made to the location of the water intake of provinces, autonomous regions and municipalities water conservancy administrative departments to apply; among them, the water intakes across provinces, autonomous regions, municipalities, separately to the relevant provinces, autonomous regions and municipalities water conservancy administrative departments to apply. 12th water licensing rights belong to basin management institutions, accept application materials of the provinces, autonomous regions and municipalities water conservancy administrative departments shall be made within 20 working days from the date of receipt of the application for preliminary review opinions, together with all application materials go River basin authorities.
    Applications use a variety of sources, and various sources of water examination and approval authority for different river basin authorities, accept application materials of the provinces, autonomous regions and municipalities water conservancy administrative departments shall also separately transfer the relevant river basin management agencies.
    Preliminary observations should include recommendations for approval of water fall, water intake and water quality requirements, as well as water intake water system in which the project application for the administrative region approved license for water volume, water features water quality in the area, and so on.
    13th competent administrative departments of local people's Governments at or above the county level shall water or river basin authorities, should be in accordance with the regulations of the water provisions of 13th to review application materials, and make a decision.
    14th article take water Ordinance fourth article provides of for guarantees mine, underground engineering construction security and production security must for temporary emergency take (row) water of and for elimination on public security or public interests of against temporary emergency take water of, take water units or personal should in dangerous excluded or after 10th within, will take water situation reported take water mouth location County above place Government water administrative competent sector or basin management institutions record.
    15th article take water Ordinance fourth article provides of for agricultural drought and maintenance ecological and environment must temporary emergency take water of, take water units or personal should in began take water Qian to take water mouth location County Government water administrative competent proposed application, by its agreed rear desirable water; involves across administrative of, must by common of Shang level place Government water administrative competent sector or basin management institutions agreed rear desirable water.
    Chapter three water licensing review and decision to limit section 16th for groundwater exploitation of groundwater in mining area, location of the water intake of the province, autonomous region, municipality water conservancy administrative departments responsible for approval, by the competent departments of the State Council or the investment approval, approve major construction projects using groundwater limits groundwater, river basin authorities responsible for examination and approval.
    17th water examination and approval authority for approval of water intake volume shall not exceed the total amount of license for water basins or the administrative control.
    In the approval of the total water volume has reached the water licensing control index of watershed and administrative areas, no further approval added water. 18th intake examination and approval authority shall, in accordance with the watershed or administrative areas of total quantity control of water licensing indicators integrated and coordinated, balanced and conservative principles approved in accordance with the applicant's quantity of water.
    The water shall not exceed the approved by industry water quota approved by the water.
    Water approval authority in review 19th intake application process, need to seek water intakes located relevant local people's Government at water conservancy administrative departments or views of river basin management institutions, consulted local people's Government at water conservancy administrative departments or river basin authorities should receive the consultation materials within 10 working days from the date of the written opinion and referral intake examination and approval authority.
    20th article take water Ordinance 20th article first paragraph third items, and fourth items provides of not approved of case including: (a) for take water caused water reduced may makes take water mouth where waters up not to water function district water standard of; (ii) in drinking water water reserves within set into river sewage mouth of; (three) back water in the by containing main pollutants concentration over national or place provides of pollutants emissions standard of; (four) back water may makes row into waters up not to water function district water standard of;
    (E) the return water discharge into the waters to limit the total amount of emissions control requirements are not met; (vi) water withdrawals of groundwater replenishment requirements are not met. 21st intake of the approving authority's decision to approve applications for water, taking water shall issue approval documents.
    Take water application approved file should including following content: (a) water to water water status, take water uses, take water and corresponds to of guarantee rate; (ii) back water locations, and back water and back water water requirements; (three) water fixed and the about water requirements; (four) measurement facilities of requirements; (five) special situation Xia of take water limit measures; (six) water engineering or hydro-electric power engineering of water scheduling and reasonable discharged flow of requirements; (seven) application issued take water license of matters; (eight) other note matters.
    Applications use a variety of sources, and various sources of water examination and approval authority for different river basin authorities, river basin authorities concerned shall jointly issued water application approval documents.
    22nd article does not obtain a water permit application approval documents, applicants to build water projects or facilities; needs approval, approval by the State construction projects, the project authority shall not approve, approval of the construction project.
    Fourth chapter take water license of issued and announcement 23rd article take water engineering or facilities built and try run full 30th of, applicants should to take water approval organ submitted following material, application issued take water license: (a) construction project of approved or approved file; (ii) take water application approved file; (three) take water engineering or facilities of construction and try run situation; (four) take water measurement facilities of measurement certification situation; (five) water facilities of construction and try run situation; (six) sewage processing measures implementation situation;
    (G) water intake, water monitoring during the test run results. Sluice dams and other water storage projects, should also be submitted to the local people's Government at water conservancy administrative departments approved water storage operation or watershed management programme.

    Groundwater intake project, shall also submit the pumping test of including comprehensive maps, report content, such as construction of water quality analysis report.
    Water application approval documents issued by the various watershed management institutions, to which the applicant may submit any watershed management institution materials.
    Article 24th-water approval authority shall, upon receipt of the material relevant to the provisions of the preceding article in the 20th, on-site verification of water works or facilities, issued by the acceptance; acceptance shall be issued water licenses.
    Water application approval documents issued by the various watershed management institutions, river basin authorities concerned shall jointly check water intake or facilities; acceptance shall be jointly issued water permits.
    25th the same applicant applied for access to a variety of sources, and after approval by the unification, should distinguish between different sources of water the approving authority, issuing water permits, respectively.
    Article 26th water approval authority at the time of issuance of the water licence, which should include clear water licensing regulatory agency, and notify the water unit or individual water licensing oversight management and matters related to the management of water resources fee collection.
    25th to 27th according to the water Ordinance stipulates that water entities or individuals lodge continued to take water to the water examination and approval authority shall submit the following documents with the application: (a) continue to take water application, (ii) the approval document and water permits from the water. Water approved by the approval authority shall on the original water, the actual quantity of water, water levels and water quality condition and water units or individual industry average consumption levels, water resource supply and demand situation on the ground for a comprehensive assessment, taking water in deciding whether to approve an extension before the expiration of license.
    Granting an extension, should issue a new water permit does not approve an extension shall state the reason in writing. 28th in the term water permits, water units or individuals need to change its name, (name), or water right necessary for water right transfer procedures, shall hold a legal identity document and related approval documents for the transfer of the right to water, taking water to the original examination and approval organ change request.
    Water examination and approval authority for examination and approval, shall issue a new water permit, in which the only change of water intake unit or individual name (name), can be taken from the original water indicated on the permit.
    29th article in take water license effective term within appeared following case one of of, take water units or personal should again proposed take water application: (a) take water or take water uses occurred change of (for take water right transfer caused of take water change of case except); (ii) take water water or take water locations occurred change of; (three) back water locations, and back water or back water way occurred change of; (four) back water in the by containing main pollutants and the sewage processing measures occurred changes of. Article 30th stop water intake for 2 years in a row, the original water approval authorities cancelled water licenses.
    Stopped due to force majeure or for reasons such as major technical transformation of water for 2 years and water license validity period has not yet expired, approved by the original water body can retain water licenses.
    Water approval authority shall, within a year of 31st January 31 announced to the public on a new water permit taking water and the cancellation and revocation of licenses.
    Supervision and administration of the fifth chapter 32nd catchment management authority for approval of water intake may entrust management of their institution or the location of the water intake of provinces, autonomous regions and municipalities water conservancy administrative departments to implement daily supervision and management.
    Approval of the competent administrative departments of local people's Governments at or above the county level water water may be entrusted with their management of public affairs unit or competent administrative departments of local people's Governments at lower levels of water daily supervision and management.
    33rd people's Government above the county level shall water conservancy administrative departments shall, in accordance with local water conservancy administrative departments under the people's Government of the time, submitted to it under the administration of a water plan proposed for the year.
    The provinces, autonomous regions and municipalities water conservancy administrative departments shall, in accordance with the catchment management agency time, River to river basin management agencies submit water plan proposed administrative areas of the river the following year.
    Article 34th watershed management institutions shall, together with the relevant provinces, autonomous regions and municipalities identified by the water conservancy administrative departments to develop national important rivers and Lakes Watershed annual water allocation plans and the annual plan of water, and submitted to the Ministry of water resources for the record.
    Local people's Governments at or above the county level water conservancy administrative departments under local people's Governments at a higher level of water administration departments or agencies issued the annual water allocation of watershed management programmes and water annual plan, annual water allocation plans of their respective administrative areas and the annual water plan and water Administrative Department of the people's Governments at a higher level or catchment management agencies for the record.
    35th intake unit or individual shall, before December 31 of each year to the water approval authority this year's water situation summary (table) and next year's water plan proposed (table).
    Hydro-electric power project, shall be submitted to the next generation.
    Public water supply projects should also be attached with the major water user in the scope of supply for the next annual water demand planning.
    Water situation summary (table) and water plan proposed (table) formats and requirements, by provinces, autonomous regions and municipalities directly under the water conservancy administrative departments, or catchment management bodies.
    Article 36th water examination and approval organs shall collect water each year by January 31 to units or individuals released when water plan.
    Water approval authority issued the annual water plan water no more than water permit to take water and it should be made clear and possible legal restrictions. 37th new construction, renovation or expansion projects, water units or individuals should be drawing water or after acceptance, the facility, began taking water in the 30th before, its water to the approving authority of water plan proposed for the year.
    Water intake after the approval authority shall promptly given to the intake unit or individual annual water plan. Article 38th-water units or individuals shall be strictly in accordance with the approved annual plan of water intake.
    Due to expanded production and other special reasons need to adjust the annual plans of water, taking water shall be submitted to the original examination and approval organs.
    39th water units or individuals should take water issued by the approval authority in accordance with annual water plan approved returning water, water under water.
    Responsibility for taking water from units or individuals, resulting in reduced back, water intake and approving authorities shall be ordered to rectify; expires without a legitimate reason not to correct it, water the approval authority may, based on the annual water plan should be approved back water reduced the quantity of water.
    40th article basin management institutions should business related province, and autonomous regions, and municipalities Government water administrative competent sector and the other related units, according to basin Xia a annual water distribution programme and annual forecast to water, and reservoir water, according to total control, and Toyomasu dry reduction, and to Feng fill dry of principles, and Manpower consider surface water and groundwater, developed this basin important water of annual water scheduling plans or dry period of scheduling programme.
    Local people's Governments at or above the county level water conservancy administrative departments under local people's Governments at a higher level the water conservancy administrative department or agency issued the annual water allocation of watershed management programme and annual water allocation plan, annual water allocation plans for this administrative area or low water period of operation, and reported to the people's Governments at a higher level of water administration departments, or catchment management agencies for the record.
    41st water administration under the people's Governments at and above the county level authorities and river basin authorities in accordance with administrative rights, responsible water regulation in the context of the work.
    Water storage projects or hydro-electric project, should obey orders scheduling or scheduling solution, ensure the control of discharge of the required indicators.
    42nd intake units or individuals shall be installed in accordance with national laws and regulations or technical standards of measurement facilities, to measure the water and drainage water volume, with regular examination and approval, guarantee the normal use and metering facilities measure is accurate and reliable.
    Use of dams and other hydraulic structure coefficients of boot time, meter or pump station of water shall be carried out by a qualified unit calibration.
    43rd article has following case one of of, can according to take water facilities day maximum take water capacity calculation take (back) water: (a) not installation take (back) water measurement facilities of; (ii) take (back) water measurement facilities not qualified or cannot normal run of; (three) take water units or personal refused to provides or forged take (back) water data information of.
    44th water licensing regulatory authorities shall on a monthly or quarterly copy of water units or individuals, the actual quantity of water, water or the actual electricity back, in duplicate, the two sides signed, water licensing regulatory bodies and water units or individuals hold a copy.
    Water units or individuals refused to sign, water licensing regulatory bodies should send more staff to the field inspection, records archiving, and retaining a water unit or individual.
    Article 45th intake unit or individual shall, in accordance with national technical standards for water balance test in water use, improving water technology and methods, improving utilization of water reuse and recycling of water.
    46th of provinces, autonomous regions and municipalities water conservancy administrative departments shall, in accordance with the requirements of river basin authorities, regularly submit who is responsible for supervision and management of the water units or individuals access to water; river basin management agencies shall regularly by their respective regulatory bodies are responsible for supervision and management of the water unit or individual water withdrawal CC provinces, autonomous regions and municipalities water conservancy Administrative Department. 47th of provinces, autonomous regions and municipalities in water Administrative Department shall in each year on February 25 before submission to catchment management agencies related to the administrative system last year to keep taking water, new issuance and revocation of licenses and total water intake-approval conditions.

    Watershed Authority shall establish a register of license for water basin river system partition, before April 15 in each year submit to the Ministry of water resources of the basin river system water approval of partitions and water licensing.
    Chapter Sixth penalty 48th water Administrative Department and catchment management agencies and their staff, in violation of this regulation, in accordance with the People's Republic of China water law and relevant provisions of the regulations of the water intake to deal with it.
    49th intake unit or individual in contravention of this regulation, in accordance with the People's Republic of China water law and water and the relevant provisions of the regulations will be punished.
    50th water units, or individual in violation of these rules, any of the following acts, approved by the water authority ordered to rectify, and can be fined a maximum of 1000 Yuan and: (a) unauthorized stops use of water-saving facilities, (ii) unauthorized stopped using the water metering facilities; (c) is not required to provide water, water metering data. Seventh chapter by-laws 51st these measures come into force on the date of promulgation.
                                                    June 9, 1994 issued by the Ministry of water resources of the water Licensing application and approval procedures (Ministry of water resources, 4th), July 29, 1996, the Ministry of water resources issued by water licensing regulatory policy (Ministry of water resources, 6th) released on December 23, 1995 the Ministry of water resources and water licensing, as amended December 23, 1997, Ministry of water resources water quality regulation (water investment [1995]485, water investment, [1997]525) repealed simultaneously.

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