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People's Government Of Shaanxi Province, Shaanxi Provincial Water License System On Amending The Rules For The Implementation Of The Decision

Original Language Title: 陕西省人民政府关于修改《陕西省取水许可制度实施细则》的决定

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(Act No. 94 of the People's Government Order No. 94 of 25 February 2004 in Myungi Province, effective 1 April 2004)

The provincial Government has decided to amend the application of the Rules for the Access to Water Consequences in the Province Province Province as follows:
Article 3, paragraph 1, was amended to read “in addition to urban planning areas, the following small quantities of water access may not be required for access to water permits:”
Article 5 amends the issuance of water licences and supervision management for units and personal access to water by the “ministered water administration authorities of the people at the district level, in accordance with the following management authority.
(i) The water-based design flow combined with three cubic metres/ seconds (including three cubic metres/ seconds), the design of a total of 20,000 cubic metres (including 20,000 cubic metres) for industrial and urban access to water; water for the water design day for the water harvesting of more than 1 million cubic metres (with 1 million cubic metres); and large industrial water harvests approved by the Government of the Province and the provision of administrative permits and supervision by the authorities.
(ii) A total of 1-3 cubic or second-size-grid agricultural water for the design of a total of 1-20,000 cubic metres of industrial and urban water; water access for groundwater design days combined with a total of 0.5-1 million cubic metres and water in urban planning areas where the city's government is located, with the exception of the granting of water licences and supervision by the territorial Government water licenses.
(iii) Access to water under the authority of the territorial Government for water management is granted by the territorial Government's water licence and oversight management.
(iv) Access to water across the administrative region, which is issued by the Government's water administration authorities at the level of a common top level across the administration.
(v) Water management and distribution of water licensees by the Water Administration of the State Department, according to the relevant national provisions.
Access to water units and individuals are used in parallel to surface water and groundwater, which is managed by the Government's water administration authorities at the level above, by the higher-level government water administration authorities to issue water licences and monitor management.”
Article 24 was amended to read “the units and individuals that had achieved a water licence prior to the issuance of the present Rules shall be re-registrated by the administrative authorities of the Government of the more than the people at the district level in accordance with the management authority set out in Article 5 of the present Rules, and nuclear water access permits”.
In addition, the wording of part of the article was amended.
The application of the water licence regime in the Province of Chungi was reissued in accordance with this decision.

Annex: Execution of the Water Consumption Scheme in the Province-West Province (Amendment (2004))
(Act No. 31 of the People's Government Order No. 31 of 1 May 1996, amended in accordance with the Decision of the People's Government of the Republic of Korea of 25 February 2004 to amend the application of the water licence regime in the provinces of Myungi)
Article 1 promotes the rational development of water resources and savings, in line with the State Department's approach to the application of the water licence system, and in the light of the actual practice of this province.
Article II, in the administrative area of the province, units and individuals using water works or machinery directly from the River, lake or land, must apply for water licences in accordance with the provisions of article IV of the State Department's approach to the application of the water licence regime and Article 3 of this rule.
No unit or person shall be taken to water without prejudice to public interests and the legitimate rights of others.
Article 3. In addition to urban planning areas, the following small quantities of water access may not apply for access to water permits:
(i) Access to water for family life, livestock and poultry;
(ii) Access to water by means of manpower, livestock, or other means, for the month not exceeding 50 cubic metres;
(iii) For agricultural irrigation, water for the year of water harvesting: In the northern part of the country, no more than 3000 cubic metres are located in the gate area, no more than 5,000 cubic metres in the south of the town area, no more than 100,000 cubic metres in the area of groundwater: no more than 2000 cubic metres in the north of the border area, no more than 300,000 cubic metres in the gate area, and no more than 5,000 metres in the south.
Article IV
In accordance with the provisions of this Rules, the Water Administration Authority of the Municipalities and Districts is responsible for the implementation and supervision of the management of the water licence system in the present administration.
Article 5
(i) The water-based design flow combined with three cubic metres/ seconds (including three cubic metres/ seconds), the design of a total of 20,000 cubic metres (including 20,000 cubic metres) for industrial and urban access to water; water for the water design day for the water harvesting of more than 1 million cubic metres (with 1 million cubic metres); and large industrial water harvests approved by the Government of the Province and the provision of administrative permits and supervision by the authorities.
(ii) A total of 1-3 cubic or second-size-grid agricultural water for the design of a total of 1-20,000 cubic metres of industrial and urban water; water access for groundwater design days combined with a total of 0.5-1 million cubic metres and water in urban planning areas where the city's government is located, with the exception of the granting of water licences and supervision by the territorial Government water licenses.
(iii) Access to water under the authority of the territorial Government for water management is granted by the territorial Government's water licence and oversight management.
(iv) Access to water across the administrative region, which is issued by the Government's water administration authorities at the level of a common top level across the administration.
(v) Water management and distribution of water licensees by the Water Administration of the State Department, according to the relevant national provisions.
Access to water units and individuals are used in parallel to surface water and groundwater, which is managed by the Government's water administration authorities at the level above, through the issuance of water licences and oversight management by the high-level government water administration authorities.
Article 6. Access to water within the administrative area of this province is subject to the application of the water licence and the water licence application by the territorial authorities of the people at the district or district level where water is taken. Approval of authority by sub-crimination shall be subject to higher-level approval.
Article 7. New construction, alteration and expansion projects require the application or re-application of a water licence, and the applicant shall submit a request for a water licence to the water administration prior to the submission of the feasibility study on construction projects (i.e., the design of task letters and the accompanying).
In reporting on the feasibility study of construction projects, construction units should be accompanied by a request for approval by the Water Administration authorities.
The construction projects that are not included in the national basic construction process require water access, which can be submitted directly to the water administration authorities for a water licence application.
Article 8
(i) A request for a water licence;
(ii) Summary statement of project proposals;
(iii) An analytical report on the extent to which water works are used;
(iv) The water resource analysis report or the report on hydro geological exploration approved by the mineral reserve approval authority;
(v) Analytical report on the impact of water on the environment through water and water removal;
(vi) Where water is profitable from third parties, the third party's commitment or agreement.
Article 9. After approval of the construction project, the construction units shall have a feasibility study to submit applications for water licence to the water administration authorities.
Article 10. The applicant shall submit the following documents:
(i) Applications for water licence;
(ii) The approved feasibility study on construction projects;
(iii) The approved study on the feasibility of access to water (including environmental impact evaluation reports).
The applicant may submit only the documents set out in subparagraphs (i), (iii) of the previous paragraph if the water is not required for access to the water licence. When a water licence application is profitable with third parties, a third party's commitment or an agreement shall also be submitted.
Article 11. Upon receipt by the water administration authorities of a request or application for a water licence, one of the cases reviewed shall be communicated to the applicant within fifteen days:
(i) The content of the application is unclear;
(ii) The submissions are incomplete.
Upon receipt of the notice, the applicant shall be added within thirty days to the record of the late incompatibility, with the application for the water licence or application for invalidity.
Article 12 Large-scale construction projects, groundwater access for water sources, subject to approval by the geological mining administrative authorities and the signing of observations, may be approved by the water administration authorities.
There is a need for access to groundwater in the urban planning area, subject to approval by the water administration authorities after the approval and signing of the advice by the urban administrative authorities.
Article 13 provides for applications for pre-emptation or access to water, subject to approval by the urban establishment of administrative authorities or the geological mining administration authorities, which shall be subject to review from urban cost-saving water and urban construction planning, water supply facility B; and the geological mining administrative authorities shall be subject to clearance from hydrogeological conditions, mining, access to water layers, wellsbs and the impact of the hydrogeological environment.
Article 14. The approval authority shall, within sixty days of the date of receipt of a request for permission to obtain water or for the replenishment of a water licence, decide whether or not to be approved for the urgent need for water.
The approval authority shall notify the applicant in writing of the decision of the approval of the request for approval or non-approval of the licence.
Article 15. Approval of the request for permission for water, which has not been approved within one year from the date of ratification, has failed.
The approved water licence application was granted, and the applicant was not in a position to construct the water engineering work within two years and the approval of the document was self-contained.
Article 16 allows for the construction of water works by the party subject to review approval; after the completion of the water works is eligible, the approval authority is granted a water licence.
In the event of nuclear tests, the applicant shall submit the following information:
surface water works:
(i) Engineering construction design;
(ii) completed work reports;
(iii) Water quality analysis tests;
(iv) Reports of major pollutants and sewage treatment measures contained in water releasing sites and back water.
groundwater engineering:
(i) Publing maps in the wells area;
(ii) The physical wells, wells and autocharts;
(iii) Test water and water quality testing reports for single wells;
(iv) The availability and measurement of water equipment;
(v) Report on major pollutant and wastewater treatment measures contained in water refunding sites and back water;
(vi) Other relevant information.
Article 17 provides for a maximum period of up to five years for access to a water licence, which is effective for a period of time. There is a need to extend the time period for access to water, which should be processed more in exchange for water licences within nine ten days prior to the expiry of the water licence.
If a witness is required to change the use, quantity and manner of water, it shall be approved by the original approval authority.
Article 19 Witnesses shall be equipped to measure facilities and receive water inspection by the water administration authorities, with information such as the actual provision of water-based measurements, in accordance with the regulations.
Article 20 imposes an annual inspection system for access to water licences, which is provided by the provincial water administration authorities.
Article 21 Witnesses shall be sent to the next annual water use plan by the end of November each year by the end of each year, by the end of January of each year, to send an annual water-use summary by the end of each year; to take advantage of groundwater, annual water plans and to take stock of geological mining administrative authorities; and to use water in urban planning areas, annual water plans and summaries should be made available to urban-building administrative authorities.
Article 2, in violation of the provisions of this rule, is punishable in accordance with the relevant provisions of the State Department's approach to the application of the water licence regime.
Article 23. The parties may apply for review or prosecution in accordance with the provisions of the People's Republic of China Administrative Procedure Act and the Administrative Review Regulations. The organs that have decided to impose penalties may apply for enforcement by the People's Court or are enforced by law.
Article 24
Article 25
Article 26