Right To Use Water Resources In Guizhou Province Paid Transfer Approach

Original Language Title: 贵州省水能资源使用权有偿出让办法

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(February 27, 2007 49th Executive session to consider the people's Government of Guizhou province on February 28, 2007, 100th release of Guizhou province as of April 15, 2007) first in order to strengthen the management of water resources, rational development, utilization and protection of water resources, according to the People's Republic of China water law, the Guizhou Provincial implementation of People's Republic of China approaches the water law and related laws and regulations, combined with the facts of the province, these measures are formulated.
    Article paid transfer the right to use water resources in the administrative area of the province, these measures shall apply.
    Hydropower resources in these measures, refers to the use of rivers, lakes and other bodies of water energy of water for hydro-electric power resources.
    Third water resources use rights paid transfer, follow the principle of openness, fairness and justice, take the way of bidding, auction and listing. Article fourth water resources belonged to the State.
    Units or individuals development, utilization of water resources, shall obtain a right to use water resources, hydropower resources paid use right transfer fee.
    Encourage units and individuals in accordance with development and utilization of water resources, their legal rights are protected by law.
    Fifth development, utilization of water resources should be consistent with the water resources planning, medium-and long-term development of water resources planning and land-use planning, planning, and coordination with the overall plan for national economic and social development; shall protect the ecological environment, both anti-marriage, water supply, irrigation, navigation, bamboo and log rafting and fishing needs.
    Sixth water Administrative Department of the people's Governments above the county level in accordance with the provisions of article permission, is responsible for the right to use water resources in the administrative area of paid transfer of management and supervision. Seventh article water resources using right paid transfer, according to following management permission implemented grading is responsible for: (a) Yangtze River basin of Wujiang River, and San cha he, and liuchonghe, and qingshuihe, and Lotus River, and chishui River, and water river, and (Editor Note: this word left for San Zhi, right for dance) Yang and Pearl River basin of huangnihe, and beipan River, and (Editor Note: this word left for San Zhi, right for cast) River, and duliu Jiang, and nanpanjiang, and Red water river River, by Province Government water administrative competent sector is responsible for; (ii) across administrative River,
    Jointly by the water conservancy administrative departments are responsible for the people's Governments at a higher level, and (iii) other rivers, the local people's Governments at the county level the water conservancy Administrative Department.
    Administration of the river basin authorities established by the State, from its provisions.
    Article eighth water Administrative Department of the people's Governments above the county level shall organize relevant departments to develop hydropower resources paid transfer and implementation of the right to use the programme, after agreed by the people's Governments at the same level, water Administrative Department of the people's Governments at a higher level for the record.
    Implementation programme including following content: (a) project name; (ii) engineering scale, and preliminary location, and development way; (three) project basic economic technology conditions; (four) using years; (five) right paid transfer gold; (six) bid people, and bid people (following referred to auction who) should has of conditions; (seven) guarantees measures; (eight) other planning, and construction conditions. Nineth water Administrative Department of the people's Governments above the county level shall entrust a qualified intermediary, in accordance with the following provisions on assignment of the right to evaluate water resources demonstration prepared after the reserve price.
    Reserve price and its preparation process must be kept strictly confidential. (A) units power investment insufficient 1 Yuan/kWh of project, transfer upset shall not below project total investment of 5%; (ii) units power investment in 1 Yuan/kWh above, and insufficient 1.5 Yuan/kWh of project, transfer upset shall not below project total investment of 3%; (three) units power investment in 1.5 Yuan/kWh above, and insufficient 2 Yuan/kWh of project, transfer upset shall not below project total investment of 2%; (four) units power investment in 2 Yuan/kWh above of project,
    Transfer price shall not be less than the project with a total investment of 1%.
    Unit power investments, refers to the total investment of the project and project design for many years with an average annual output ratio.
    Tenth water Administrative Department of the people's Governments above the county level should be in hydropower resources paid transfer 30th through the media to the public tender, auction or listing announcement.
    Announcement including following content: (a) project situation introduction; (ii) transfer way; (three) auction who conditions requirements; (four) obtained transfer file of time, and locations, and way; (five) tender auction tone time, and locations, bid and bidding way,; (six) determine bid people, and bid people of standard and method; (seven) bid, and bid margin; (eight) other need announcement of matters.
    11th bidder shall, within the time specified in the announcement, the people's Governments above the county level for management of water Administrative Department to register.
    Have more than 3 registration of bidders, public tendering or auction methods; less than 3, listing sold.
    Article 12th tender to sell rights to water resources, in accordance with the tendering procedures laid down in law.
    Take the auction to sell rights to water resources, according to the auction procedure under the law.
    Listing transferred rights to water resources, in accordance with the provisions of the provincial water conservancy Administrative Department.
    13th article bid people or auction, and tone buy by people, should since transfer results determine of day up 30th within, and County above Government water administrative competent sector signed water resources using right paid transfer contract, paid water resources right transfer gold; County above Government water administrative competent sector should since received water resources right transfer gold of day up 20th within, settles related procedures and issued water resources using warrants.
    Relevant departments of the people's Governments above the county level should be used for access to water resources of e units and individuals in accordance with the law relating to water resources development, use procedures.
    Hydro-energy resources use the life span of 50 years, counted from the date of a hydro-energy resources use of e.
    Hydro-energy resources use e uniformly printed by the provincial water conservancy Administrative Department.
    14th water Administrative Department of the people's Governments above the county level should be in the usufruct of water resource bidding, auction or listing sold after the 15th, to the people's Government at the water conservancy administrative departments and higher level people's Government tender, auction or listing a written report.
    15th article water resources right transfer gold, by County above Government water administrative competent sector charged, and according to following proportion respectively paid make levels Treasury: (a) Province Government water administrative competent sector charged of, according to province 40%, and city (State, and to) 30%, and County (city, and district) 30% of proportion paid make; (ii) city (State, and to) Government (area) water administrative competent sector charged of, according to province 30%, and city (State, and to) 40%, and County (city, and district) 30% of proportion paid make;
    (C) the County (city, district) Water Conservancy administrative departments in charge of the people's Government, in accordance with provincial 30%, city (State, land) 30%, County (city, district) 40% the proportion of pay.
    TRANS-River, by their common water Administrative Department of the people's Governments at a higher level in accordance with the preceding paragraph (a), (b) provides the proportion of pay.
    16th transfer as a special fund for water rights to water resources, mainly for the conservation, protection and management of water resources and water infrastructure, can also be used for the rational utilization of water resources and shall not be appropriated for other purposes, and accept supervision by the financial and auditing departments to check.
    17th water resources use right paid transfer contract, formulated by the provincial water conservancy Administrative Department.
    Contract text should including following content: (a) water resources right transfer range and right years; (ii) right transfer gold amounts and paid way; (three) development, and using conditions and both of right obligations; (four) starts time and built production time; (five) right of transfer and terminated; (six) dispute of solution approach; (seven) default responsibility; (eight) both agreed of other matters.
    18th water resource use is not in accordance with the provisions of the contract time start and completion, or after the completion of idle for 2 years in a row, water Administrative Department of the people's Governments above the county level shall be free to withdraw use.
    Article 19th person has rights to water resources construction and investment with a total investment over 25%, requires the transfer of usufruct of water resource, water Administrative Department of the people's Governments above the county level should be applied illustrate causes and projects have been implemented, approval to register the transfer.
    Transfer of the right to water resources, the rights and obligations provided for in the original contract with the transfer, transfer of the life span of the original holder has after years of remaining life.
    20th hydropower resource holder needs to extend validity of legally obtained rights to water resources, hydropower resources in the 3 months before the expiry of the right, to paid transfer contracts signed with the application of the water conservancy Administrative Department. About water conservancy administrative departments shall, from the date of receipt of the application in the 20th, according to the water at the end of water resource planning, development of medium-and long-term planning, and requests a review of the overall planning of land use planning.
    To qualify, to approve the continued use of the written decision does not meet the conditions, the decision not to approve the extension using a written decision with reasons. Allowed to continue the holder of rights to water resources shall be from the date of receipt of the approval decision in the 30th, the people's Governments above the county level for management of the water conservancy administrative departments to sign a new contract, pay the transfer fee rights to water resources.
    Water Conservancy administrative departments concerned shall, on the date of receipt of leasing rights to water resources within 20th hydropower resources in issuing warrants.
    Article 21st usufruct of water resource has completed 3 months ago, holder did not seek an extension or renewal is not approved, water conservancy administrative departments concerned shall, after the expiration of free take back right, and paid transfer rights to water resources in accordance with these measures. Due to the public interest needs call the usufruct of water resource, it shall pay compensation to the holder of.

    22nd hydro-energy resources use right shall be subject to the people's Governments above the county level water conservancy administrative departments in flood prevention, drought relief and flood control and drought relief command control, command, regular production facilities, equipment operation, maintenance and renovation, production facilities, equipment in good condition.
    23rd have not acquired rights to water resources development and utilization of water resources or violates these rules, unauthorized transfer of usufruct of water resource, water Administrative Department of the people's Governments above the county level shall, in accordance with the Guizhou province, implementation of People's Republic of China water law of 30th of the way administrative punishment shall be imposed.
    24th article County above Government water administrative competent sector and other about sector and staff, in water resources using right paid transfer work in the, has following behavior one of, is not constitute crime of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) not according to provides of tender, and auction, and tone results made water resources right decided of; (ii) not according to provides charged, and paid make, and using water resources right transfer gold of;
    (C) is not issued within the time provided water power resources use e (iv) failing to go through the relevant procedures water resources development, utilization, and (e) does not perform its functions of supervision, resulting in serious consequences (vi) ask for and accept other people's property, and (seven) others abuse their powers, neglect their duties or engages in. 25th article this approach purposes Qian has law made water resources right and development, and using water resources of units and personal, should since this approach purposes of day up 6 months within according to this approach of about provides, and County above Government water administrative competent sector signed water resources using right paid transfer contract, received water resources using warrants, and according to this approach Nineth article provides of transfer upset, paid since this approach purposes of day up to water resources right expires Shi check of water quality source right transfer gold.
    Unpaid, Guizhou province, in accordance with the implementation of People's Republic of China water law procedures provisions article 30th.
                          26th article of the rules as of April 15, 2007.