Xinjiang Uyghur Autonomous Region, Water Management And Protection

Original Language Title: 新疆维吾尔自治区水利工程管理和保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351848.shtml

Xinjiang Uyghur autonomous region, water management and protection

    (April 22, 2011 21st Executive meeting 11th Xinjiang Uyghur autonomous region people's Government by April 30, 2011 168th of Xinjiang Uygur Autonomous Region people's Government promulgated as of July 1, 2011) first in order to strengthen the management and protection of water, protect the safe and normal operation of water projects, play water features and benefits, in accordance with the People's Republic of China water law and related laws and regulations, combined with State practice, these measures are formulated.

    Second approach applies to the autonomous region within the administrative area of water management and protection.

    Article referred to water conservancy projects, including reservoirs, sluices (diversion), irrigation (exhaust) channels, embankments, and electromechanical wells, hydropower, irrigation and drainage pumping stations, supply (exhaust) water pipelines, Karez, embankments, water-saving irrigation engineering and water conservancy informatization, hydrologic measurement and other ancillary facilities.

    Fourth people's Governments above the county level shall strengthen leadership of water management and protection, solve water management within their respective administrative areas and protection of significant issues in the work, guarantees the safe and normal operation of the water conservancy project, promoting and applying advanced science and technology and scientific management methods, improve water management and protection level.

Article fifth County (City) Water Conservancy administrative departments at or above and river basin authorities, within their respective fields of competence, responsible for the supervision and administration of water conservancy project.

    Development and reform, financial, land and resources, transportation, environmental protection and other relevant departments according to their respective duties, is responsible for the management of water conservancy project related work.

    Sixth article of any unit and individual have the right to seize, to curb, complaints and accusations damaged water conservancy projects.

Article seventh financial investments or to finance investments in the construction of water conservancy projects, in accordance with the following provisions, the implementation of classification management:

(A) cross-State, municipal () the construction of water conservancy projects on the River, autonomous organization construction of water conservancy projects and autonomous regions determines the important construction of water conservancy projects on the River, by the municipality or water set by the Administrative Department for the State water project management unit under the management of the implementation of their respective mandates;

(B) the County (City) construction of water conservancy projects on the River, city and State (land) Organization construction of water conservancy projects, by State and city (the) people's Government (Administrative Office), city or State (ground) water project management unit of the Department of water administration under the management of the implementation of their respective mandates;

(C) the County (City) territory of water conservancy projects, by County (City) Department of water administration set the management of water project management unit, end of irrigation canal system and small-scale rural water conservancy projects can be managed by farmers ' water cooperation.

    Use other funds to invest in the construction of water conservancy projects, the investors are responsible for the management and protection, accepted counties (cities) the supervision of water conservancy administrative departments at or above, and subject to the integrated water regulation. Article eighth financial investments or to finance investments in the construction of water conservancy projects, in parallel with the preparation of project feasibility studies, water management programmes should be developed.

    Programmes should include management units and their functions, operation and management of funding sources, use, and protection measures of water conservancy project and so on.

Nineth water project management unit shall perform the following duties:

(A) the management, protection, maintenance and preservation of the water conservancy project in accordance with law;

(B) to establish and improve the management system and technical archives;

(C) develop and implement the annual programme of project scheduling;

(D) develop and implement contingency plans and appropriate emergency measures;

(V) monitoring in accordance with technical specification of engineering management of hydraulic engineering;

    (Vi) other duties stipulated by laws and regulations.

Tenth State water project management unit in accordance with the following classification bear related expenses:

(A) take water management operation and maintenance tasks such as flood control, drainage of water project management unit (pure public welfare water project management unit), its basic expenditures, engineering maintenance expenses borne by the Government;

(B) take on nonprofit management, operation and maintenance tasks such as flood control, drainage and water supply, hydro-power and other operational functions of water project management unit (quasi public welfare water project management unit), public spending on basic requirements, engineering maintenance expenses borne by the Government; operating staff expenditures, engineering maintenance financed water project management unit to undertake;

(C) undertaking the project water supply, hydro-power and other water project management unit for water management operation and maintenance tasks (management of water project management unit), its operation and management costs, borne by water project management unit on their own.

    Quasi public welfare water project management unit water supply water and management of water project management unit is the production of business income, water project management unit is the main source of funding, supported by its charge.

11th people's Governments above the county level shall organize relevant departments on a regular basis to key reservoirs and levee safety, operation and management of water conservancy project supervision and inspection.

    The County (City) water Administrative Department and river basin authorities should strengthen daily inspection of the water conservancy project, the existence of hidden water shall promptly report to the people's Governments at the corresponding level, and entrusted the water project management unit to take measures to exclude.

12th the County (City) Water Conservancy administrative departments at or above and river basin authorities conduct supervision and inspection, you can take the following measures:

(A) inspection;

(B) read and copy the relevant impoundment, (with) information on water quantity;

(C) require water project management unit on the implementation of water regulation describes the relevant questions;

(D) to (with) water quantity monitoring;

    (E) the laws, regulations and other measures.

13th district (municipal) water Administrative Department and watershed management organization shall organize the preparation of basin water allocation plans and schedules, the people's Governments at the corresponding level for approval, and water conservancy administrative departments at a higher level for the record.

    Water project management unit should be based on approved by the basin water allocation plans and schedules, annual water supply planning and dispatching operation schemes of water conservancy project and water conservancy administrative departments, or catchment management agency approval before implementation. 14th reservoir article, sluices (diversion), hydropower station management units should be subject to water conservancy administrative departments or the instruction of water regulation of river basin authorities.

At the time of flood and drought, should also be subject to the flood control and drought relief command scheduling instructions.

Hydropower station with storage capabilities, the operation should be in accordance with the power to obey principles of water allocation and give priority to safeguard life, irrigation and industrial water supply.

    Radial-flow hydropower station and its operation should be fully taken into account River ecological water.

15th severe drought and serious water pollution accidents, ecological emergency water situation, the local people's Governments should activate emergency water regulation plans, by the water conservancy administrative departments or river basin authorities, flood control and drought relief command structure implementation, release scheduling instructions and supervision of water project management unit, if necessary, key reservoirs, sluices can be direct scheduling.

    Emergency dispatch period is scheduled of the water project management unit should be responsible for regularly scheduled water conservancy administrative departments or watershed management, flood control and drought relief command reservoir and the approach of the report (with) water. 16th water project management unit should be in accordance with State regulations for security evaluation of water conservancy projects in a timely manner, and the evaluation report submitted to the water conservancy Administrative Department.

    Receive reports of water conservancy administrative departments shall secure identification of hydraulic engineering, partial or total loss of function of water conservancy projects and reducing or scrapping system; the dangerous reinforcement of water projects should be carried out promptly.

17th people's Governments above the county level shall organize and water conservancy administrative departments of land and resources, with water management in accordance with these procedures and the delineation of the scope of protection standards, delineating the scope of water management and protection areas.

    Amendments to the delineation of the standard provided for in the preceding paragraph, adjusted, by land and water programme to the administrative departments of the autonomous region, and autonomous region people's Government for approval before implementation. 18th classified management of hydraulic engineering land rights in accordance with the principles of law.

    Water project management unit should be completed within one year after acceptance of registration issued by the Administrative Department of land and resources, land and resources Administrative Department shall, within the statutory time limit of land registration.

19th water project management unit should be in water management and sets the bounds of the scope of protection of fixed sign may pose a safety risk to have reservoirs, hydropower stations, sluices, water conservancy projects, obvious warning signs should be set up.

    Without authorization, no unit or individual is allowed to move, destruction of water management and protection of marks.

20th all construction needs expansion, renovation, to remove the project shall be agreed by the water conservancy administrative departments, or catchment management agencies; the extension, alteration, removal expenses and compensation costs borne by the employer.

    All kinds of projects require agricultural irrigation and drainage project, causing scrapped or reduced function of irrigation and drainage engineering, should be agreed by the water conservancy administrative departments, or catchment management agencies, and the occupation is responsible for construction engineering or equivalent pay compensation fees.

21st in the context of water management may implement the following actions:

(A) unauthorized building, open drains, wells, pumps, chop mouth, blasting, drilling, excavation, quarrying, sand, soil, repaired, grave and tombstone and cultivation, farming activities;

(B) in the channel, reservoir cleaning and loading oil, noxious pollutants containers and means of transport;

(C) stacking, dumping, emission of pollutants and wastes;

(D) other acts of undermining the security of hydraulic engineering.

    In water conservancy projects within the scope of protection may not engage in blasting, drill, sand, rocks or soil that may affect project and jeopardize the safety of water activities.
22nd water conservancy administrative departments or basin management institutions should be in Crest, Crest, berm, sluice bridge, the Canal Bank, setting a vehicle ban on the berm marking, against the flood, water management and maintenance vehicles other than motor vehicles.

Is really necessary to use Crest, Crest, berm, sluice bridge, the Canal banks, berms and roads must be agreed by the water conservancy administrative departments, or catchment management agencies, and reported to the people's Governments at the corresponding level for approval. After the opening of the highway, the Highway Administration Unit is responsible for roads (including shoulders) management and maintenance. The water conservancy administrative departments or catchment management agencies can restrict traffic based on water condition of vehicle requirements.

    Because of poor maintenance and other reasons affecting the safety of water conservancy projects, water conservancy administrative departments or views the opening of river basin authorities should promptly move the suspension, approved by the people's Governments at the corresponding level, road management unit should be responsible for the repair, eliminate security risks.

    23rd violates these measures provided for in article 14th, reservoirs, sluices (diversion), hydropower station management units were not subject to water regulation and flood control and drought relief operation, by County (City) over water conservancy administrative departments, or catchment management agency ordered corrective action; it refuses to take mandatory scheduling measures and fines of between 10,000 yuan and 30,000 yuan.

    24th in violation of paragraph II of this article 19th, or move and sign of the destruction of water management and protection, by County (City) Water Conservancy administrative departments at or above River basin authorities shall order the restitution and fined a maximum of between 1000 Yuan and 200 Yuan.

    25th violates the first paragraph of this article 22nd, motor vehicle without authorization in the top of the dike, dam, berm, sluice bridge work, traffic on the Canal Bank and berm, by County (City) over water conservancy administrative departments, or catchment management agency ordered corrective action and fines of between 100 Yuan and 500 Yuan.

    Article 26th water project management unit violates the provisions of this article Nineth, by setting the unit's Office ordered corrective action affects safe operation of hydraulic engineering, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

    27th the County (City) over the water conservancy administrative departments or a catchment management agency staff in the performance of duties of supervision and inspection process, negligence, malpractice, abuse, disciplined by the Department or the administrative supervisory organs.

    28th article in violation of the regulations shall be liable for other acts, in accordance with relevant laws, regulations and rules implementation.

    29th these measures come into force July 1, 2011.

    Accessories: water project management defines the protection scope and standard accessories: water management and protection planning standards

And reservoir management and protection: (A) the plain reservoirs: upper management range from checking out the water line, and large 100-150m, medium 80-120m, small 10-50m lower than outward from the dam line delineated the scope of management: large 800-1000m, medium 600-800m, small 50-100m; on both sides of the management range from abutment or dam slope up to the designated outside: large 300-500m, medium 200-300m, small 50-300m.

From the scope of protection to designated outside the scope of management: large 500-1000m, medium 200-500m, small 50-200m. (B) the reservoir of a mountain area: management and protection scope of upstream and downstream uses of plain reservoir in standards, on both sides of the scope of management for the first natural area within the watershed, outward from the first natural watersheds delineation of the scope of protection 50-500m.

Key reservoirs can be appropriately enlarged scope or level standard. (C) reservoir, water transmission buildings and ancillary facilities as well as water profiles (pipe) road, from its base outside the boundary line to delineate the scope of management 100-500m, defines the protection domain outward from the management 100-500m.

Salvage and soil use, maintain the grounds and reservoirs dedicated road, according to the actual determination of the scope of management, can also designate 10-50m protection.

    (D) the dam in the light Plains reservoir delineation of the scope of management and protection.

    Second, water diversion management including dam (sluice), into the sluice, berm of sand gate and the engineering, management, maintenance sites, such as 100-500m in and around the area, from the scope of protection to designated outside the scope of control 50-200m. Three channel design flow and channel management scope and size range.

Scope of management, excavated channel from the wire gauge, filled channels from outside the Canal levee toe line gauge close to mountain and channel excavation line gauge; from the scope of protection to designated outside the scope of management.

(A) design flow rate of less than 10m3/s, the scope of control for 2-10m, 2-10m the scope of protection.

(B) the design flow in 10-50m3/s, the scope of control for 10-20m, 10-20m the scope of protection.

    (C) design flow in 50m3/s above, the scope of control for 20-50m, 20-50m the scope of protection.

Four, channels (channel) divided by the annual runoff management and protection scope, management ranges from cross dikes of the foot line to the designated outside; from the scope of protection to designated outside the scope of management.

(A) the annual runoff in the 1x108m3 above, the scope of control for 20-50m, 50-100m the scope of protection.

(B) the annual runoff in the 1x108m3, the scope of control for 15-30m, 30-60M the scope of protection. Other project management scope and delimitation of the scope of protection standards by the water conservancy administrative departments of the autonomous region in conjunction with the Ministry of land and resources administrative departments.