People's Republic of China promulgated by Decree No. 552

　　　　　　　　　　　　　　　 　　　　　 People's Republic of China Executive meeting of the State Council on February 11, 2009 the 49th drought Ordinance passed, are hereby promulgated and, as of the date of promulgation.

　　　　　　　　　　　　　　　　　　 　　 　 Prime Minister Wen Jiabao

The February 26, 2009

People's Republic of China drought Ordinance

Chapter I General provisions

First in order to prevent and mitigate the damage caused by the disaster and drought, protect water, coordinating production, ecological water and promoting comprehensive, coordinated and sustainable development of economy and society, in accordance with the People's Republic of China water, this Ordinance is enacted.

Article in the People's Republic of China territory of drought disaster prevention and mitigation activities, shall comply with this regulation.

Drought mentioned in these regulations refers to due to reduced precipitation, water shortages caused by insufficient water supply, and pose a risk to life, production and ecological events.

Article drought relief work adhere to people-oriented, focusing on prevention, prevention of anti-combined and adapted to local conditions, the principle of an integrated and partial interests to overall interests.

The fourth people's Governments above the county level shall include drought relief work in the national economic and social development planning, incorporate the budget requirements, guarantee the normal development of the drought.

Drought relief work in the implementation of Executive Heads of Governments at all levels in charge of the fifth article, unified command, departments and hierarchical responsibility.

Article sixth of State flood control and drought relief headquarters is responsible for organizing, leading the country's drought. Water Administrative Department under the State Council is responsible for the national drought guidance, supervision and management, undertake specific work of the State flood control and drought relief headquarters.

Other members of the State flood control and drought relief headquarters units according to their respective duties, responsible for the drought relief work.

The seventh established by the State flood control and drought relief command of major rivers, lakes, by the relevant provinces, autonomous regions and municipalities and the rivers and Lakes of river basin management institutions to coordinate drought relief work within the jurisdiction; River basin management institutions to assume the work of river basin flood control and drought relief command.

The eighth local people's Governments at or above the county level shall flood control and drought relief command, superior in the flood control and drought relief command and under the leadership of the people's Governments at the corresponding level, responsible for organizing, directing the drought relief work in their respective administrative areas. Local people's Governments at or above the county level water conservancy administrative departments are responsible for the drought in the administrative area of guidance, supervision and management, bear the people's Governments at the corresponding level of flood control and drought relief command work.

Local people's Governments at or above the county level flood control and drought relief command, other members of the unit in accordance with their respective responsibilities, responsible for the drought relief work.

The Nineth people's Governments above the county level shall strengthen water infrastructure construction, improving drought resistance system, improve the ability of drought resistance and disaster mitigation.

Tenth people's Governments and relevant departments at all levels should carry out drought awareness-raising activities, enhance the awareness of drought resistance and disaster mitigation of the whole society, encourages and supports a variety of drought resistance and the popularization of scientific and technological research and its results.

11th no units and individuals to protect drought-resistant facilities and drought-relief duties according to law.

12th in the drought relief work units and individuals who made outstanding contributions to, and recognize and reward in accordance with the relevant provisions of the State.

Chapter II drought prevention

13th competent administrative departments of local people's Governments at or above the county level shall water in conjunction with the relevant departments of the regional drought planning, reported the people's Governments at the corresponding level for approval, and cc water Administrative Department of the people's Governments at a higher level.

The 14th compilation of drought planning should take fully into account the regional national economic and social development, comprehensive development and utilization of water resources, drought patterns and characteristics, water resources and drought resistance capacity and domestic water consumption in urban and rural areas, industrial and agricultural production and the ecological water demand.

Drought planning should be dovetailed with the development and utilization of water resources planning.

Lower-level drought plan shall be coordinated with drought planning at a higher level.

15th drought planning shall include drought resistance organization system construction, drought-resistant construction of emergency water supply, drought relief emergency response facility construction, drought resistant material reserves, drought resistance service organization, drought monitoring network construction and security measures.

16th people's Governments above the county level shall strengthen water conservancy infrastructure construction and rural drinking water projects, organizing drought emergency engineering and construction of supporting facilities and water-saving transformation, improving drought-resistance water supply and water use efficiency.

Water Administrative Department of the people's Governments above the county level shall organize the irrigation infrastructure and management of rural drinking water projects and maintenance to ensure its normal operation.

Arid regions of local people's Governments and collective economic organizations should design the construction of micro, small and medium water, water, water engineering and stormwater collection project.

The 17th State to encourage and support research and development, the use of drought resistant and water saving machinery and equipment, and promotion of farm water-saving technologies, drought facilities supporting dryland areas, development of dryland agriculture.

Country encourage, guide and support social organizations and individuals build, operate the control facilities, and protect their legitimate rights and interests.

18th local people's Governments at or above the county level should do a dry periods rural residents living water emergency water supply works.

19th drought disaster-prone regions of local people's Governments at or above the county level should be based on the drought resistance in drought relief work needs to reserve the necessary materials, and strengthening management.

20th people's Governments above the county level should according to the water resources and water environment bearing capacity, adjust and optimize the economic structure and industrial distribution, the rational allocation of water resources.

21st people's Governments at various levels shall carry out water conservation propaganda and education, implementing water conservation measures in promoting water conservation new technique, building water-saving society.

22nd water Administrative Department of the people's Governments above the county level should do a water resource allocation, scheduling, and protection, the drought emergency water supply project of organization construction and rainwater harvesting facilities.

Water administration under the people's Governments above the county level authorities and other relevant departments to provide flood control and drought relief commanding institutions under water, rainfall and soil moisture information.

23rd meteorological departments at various levels shall strengthen the meteorological science and technology research to improve weather monitoring and prediction, to provide flood control and drought relief commanding institutions under meteorological drought and other drought-related weather information.

24th agricultural authorities above the county level people's Governments shall do agricultural drought relief material reserves and management to guide adjustment of agricultural planting structure in arid areas, foster and promote the use of drought-tolerant varieties, to provide flood control and drought relief commanding institutions under the agricultural drought information.

25th supply management departments shall organize relevant units, strengthen the construction and maintenance of water supply network, water supply capacity, ensuring residents living water, to provide flood control and drought relief commanding institutions under water, water information.

26th people's Governments above the county level shall organize relevant departments, make full use of existing resources, improve drought monitoring network, strengthen the monitoring of drought.

Flood control and drought relief commanding the people's Government above the county level bodies should be well-organized drought information system, realize the sharing of information between members, and provide evidence for drought relief command decision.

27th the State flood control and drought relief headquarters organization whose members include preparation of national flood control and drought relief plan, approved by the State Council before implementation.

Local people's Governments at or above the county level flood and drought control lead organization member units drought plans, flood control and drought relief command authority for examination and approval by a higher people's Governments, the people's Governments at the corresponding level for approval. Approved drought plan, relevant departments and units must be complied with.

Modified drought plan, shall, in accordance with the original procedures submitted to the original approval authority.

28th article of drought plan should include a plan for implementing agencies as well as the responsibilities of the departments concerned, drought early warning and drought grades and different levels to take emergency measures, under the emergency drought plans and protection measures of water regulation and so on.

Drought disaster areas of arable land and drought area and extent of drinking water due to drought caused the number of people, in mild drought, drought, severe droughts, the worst drought levels. 29th County and township people's Government according to the needs of drought relief work, strengthen the construction of drought defying service organization.

Local people's Governments at or above the county level shall strengthen support for drought defying service organization.

State encourages social organizations and individuals to set up drought relief service organizations.

Article 30th accountability to Governments at all levels should drought, drought planning, drought, infrastructure development and maintenance, drought-resistant stocks to strengthen supervision and inspection, found that the problem should be processed in a timely manner or to instruct the relevant departments and units within.

31st water project management unit should be on a regular basis within the scope of the management of drought-resistance for the inspection and maintenance.

32nd against the illicit diversion, water and appropriation, destruction, pollute the water.

Prohibits the destruction of, seize, damage the control facilities.

Chapter III of drought resistance and disaster relief

Article 33rd drought, flood control and drought relief command authority shall, in accordance with the people's Governments above the county level drought plan provides permission to activate drought plans, organizing drought relief work carried out.

Article 34th experiencing mild drought and moderate drought, local people's Governments at or above the county level drought resistance in flood control and drought relief command authority shall, in accordance with provisions of the plan, to take the following measures:

(A) enabling emergency water supplies or emergency drill, and springs;

(B) set up a temporary pumping, excavation water channels, or temporary water in rivers and canals;

(C) the use of reclaimed water, brackish water, seawater and other non-conventional water resources, organizing the implementation of artificial precipitation;

(D) Organization to drinking hard water. Take the measures provided for in the preceding paragraph, relating to other regions, should be reported to a common level people's Governments on flood control and drought relief command or river flood control and drought relief commanding authority involving other departments concerned shall inform the authorities in advance.

Drought termination shall promptly remove the temporary water intake and water facilities, and to inform the relevant departments.

35th experiencing serious drought, and drought, the State flood control and drought relief headquarters launched the national flood control and drought relief plan, the members of the General command of units shall, in accordance with the flood control and drought relief plan for Division of labor, and do related work.

Serious drought and drought to the local people's Governments at or above the county level in the flood control and drought relief command of 34th article of the Ordinance measures, can also take the following steps:

(A) supply reduction indicators;

(B) limit or suspend the high consumption of water for water industry;

(C) restrict or suspend discharges of industrial wastewater;

(D) narrowing the scope of agricultural water supply or to reduce the amount of agricultural water supply;

(E) the limited time or limited supply of living water.

Article 36th drought, local people's Governments at or above the county level shall, in accordance with regulation, to ensure focus, taking into account the General principles of water allocation and give priority to safeguard domestic water consumption in urban and rural areas, arranging production and ecological use of water. 37th drought, flood control and drought relief commanding the people's Government above the county level bodies or drought of river basin flood control and drought relief command authority may, in accordance with the approved plans, emergency water regulation schemes control area reservoirs, hydropower stations, dams, lakes, the amount of water storage.

Relevant local people's Governments, institutions and individuals must be subject to control and command, strict implementation of the control order.

Article 38th drought, local people's Governments at or above the county level flood and drought control lead agency shall organize a drought defying service organization to solve rural drinking water difficulty providing drought relief technical advisory services.

39th drought disasters, meteorological departments at all levels should do a meteorological drought monitoring and forecasting, and carry out artificial precipitation.

40th drought disaster, health authorities above the county level people's Governments shall do a drought disaster area for disease control and prevention, medical care and health supervision and law enforcement, oversight and testing drinking water health, ensure the safety of drinking water health, prevent the occurrence of drought led to a major infectious disease outbreak.

41st drought disasters, civil affairs departments above the county level people's Governments should make drought relief work, proper arrangements for people's basic life in the affected areas.

42nd drought disaster areas of the Township people's Governments, neighborhood offices, the villagers ' committees and neighborhood Committee shall organize forces to villagers, residents of water-saving and drought resistance of knowledge, and assist in the implementation of the control measures.

Article 43rd drought, water supply enterprises shall strengthen the supply, management and maintenance of water and drought relief facilities, as required to enable emergency and standby water source, ensure the safety of water supply in urban and rural areas.

44th drought disaster area units and individuals shall voluntarily conserve water, subject to the decisions issued by the local people's Governments, with the implementation of the control measures taken by the Government, actively participated in drought relief and disaster reduction activities.

45th worst drought, seriously endangers the lives of urban and rural residents, water safety, which may affect social stability, the relevant provinces, autonomous regions and municipalities directly under the people's Governments of flood control and drought relief command structure approved by the people's Governments at the corresponding level, can be declared a drought emergency in administrative areas within their respective jurisdictions, and promptly report to the State flood control and drought relief headquarters.

Drought after drought mitigation, relevant provinces, autonomous regions and municipalities directly under the end of the flood and drought control lead institutions should be declared under the drought emergency, and promptly report to the State flood control and drought relief headquarters. Article 46th in the drought emergency, the local government agencies shall organize and mobilize the flood control and drought relief command within the administrative area of the relevant units and individuals into drought relief.

All units and individuals are required to obey the command to assume Government drought relief task that flood control and drought relief command.

47th in the drought emergency, the local people's Governments the need for flood control and drought relief command structure under the drought relief work, within its jurisdiction, is entitled to requisition supplies, equipment, means of transport.

48th local people's Governments at or above the county level shall flood control and drought relief command authority shall organize the relevant departments according to drought statistics reporting requirements and timely verification and statistics within the jurisdiction of the drought, drought and drought conditions and other information, State flood control and drought relief command level people's Government and the people's Governments at the corresponding level. 49th State establishment of drought information release system.

Drought by the people's Governments above the county level flood control and drought relief command unified audit, released drought by the water conservancy administrative departments of the people's Governments above the county level departments of civil affairs review, published agricultural disaster published by the people's Governments above the county level agricultural authority; and drought-related meteorological information issued by the meteorological authorities.

Newspapers, radio, television and the Internet and other media, should publish timely drought information indicating the publication name and date.

50th people's Governments at all levels should establish and improve the social and economic development and drought mitigation requirements of funding mechanisms, arrange the necessary funds in the budget at the same level to ensure drought inputs.

51st due to drought-resistance water dispute, in accordance with the People's Republic of China relevant provisions of the Water Act.

The fourth chapter of disaster recovery

After the 52nd drought relief, people's Governments and relevant departments at all levels should help the affected people to resume production and disaster itself.

After the 53rd drought mitigation, water Administrative Department of the people's Governments above the county level should be assessed to check the water and tissue repair has been drought damaged water conservancy projects in a timely manner; competent departments of people's Governments above the county level shall be subjected to drought damaged water conservancy projects, priority in the annual repair construction projects.

After the 54th drought relief, the local flood control and drought relief commanding institutions should be returned promptly under the drought emergency period acquisition of materials, equipment and means of transport, and compensation in accordance with the relevant provisions of the law.

After the 55th drought mitigation, institutions of flood control and drought relief commanding the people's Government above the county level shall organize relevant departments to drought disasters, losses and the control effect analysis and evaluation of work; the departments and units concerned shall cooperate, take the initiative to the people's Governments at the corresponding level related to flood control and drought relief command structure reporting shall not be false, hide.

Flood control and drought relief commanding the people's Government above the county level body or Commission having professional qualifications in disaster assessment unit of analysis and assessment.

56th drought resistance in drought relief funds and materials must be of special use, no unit or individual may intercept or appropriate or divert and privately.

Financial and auditing departments at all levels shall strengthen the drought relief funds and material management oversight, inspection and audit.

57th State in drought-prone areas should be encouraged to gradually establish and implement drought insurance scheme.

The fifth chapter legal liability

The 58th in violation of the provisions of this Ordinance, any of the following acts, by the unit or by the competent organ, the supervisory organ shall order rectification directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) refuses to undertake the task of drought relief;

(B) issue to the community of drought information without authorization;

(C) falsifying or concealing, drought, disasters;

(D) refusing to execute or drought plan for water regulation under the drought emergency plans and emergency water regulation implementation plan;

(E) after the drought lifted, refused to dismantle the temporary water intake and water facilities;

(F) abuse of power, deception, other acts of negligence.

59th intercept or appropriate or embezzling, dividing up the control requirements in accordance with applicable fiscal and other laws and administrative regulations on penalties for offences punished constitutes a crime, criminal responsibility shall be investigated according to law.

60th in violation of the provisions of this Ordinance, reservoirs, hydropower stations, sluice dam project management units and other business operators refused to obey the control and command of the engineering facilities, competent administrative Department of the people's Governments above the county level water catchment management agency ordered corrective action or disciplinary warning; it refuses to enforce, the fines of between 50,000 yuan and 10,000 yuan.

61st article violation this Ordinance provides, occupation, and damage water and drought facilities of, by County above Government water administrative competent sector or basin management institutions ordered stop violations, take remedy measures, at 10,000 yuan above 50,000 yuan following of fine; caused damaged of, law bear civil responsibility; constitute violation security management behavior of, in accordance with People's Republic of China security management punishment method of provides punishment; constitute crime of, law held criminal.

The 62nd in violation of the provisions of this Ordinance, rushing water, diversion, water or encroach upon the control of illegal material, the people's Governments above the county level the water conservancy administrative departments or river basin authorities be ordered to desist from the illegal act, be warned; activities contravening public security management, in accordance with the People's Republic of China public security management punishment law provides punishment constitutes a crime, criminal responsibility shall be investigated according to law.

63rd in violation of the provisions of this Ordinance, hinder, threaten the flood control and drought relief commanding bodies, water conservancy administrative departments or staff of river basin management institutions perform their duties according to law, competent administrative Department of the people's Governments above the county level water or watershed management agency ordered corrective action and warning activities contravening public security management, in accordance with the People's Republic of China public security management punishment law provides punishment constitutes a crime, criminal responsibility shall be investigated according to law.

The sixth chapter supplementary articles

64th Liberation Army and people's armed police forces in drought relief, in accordance with the relevant provisions of the regulations of the armies participating in emergency rescue and disaster relief execution. 65th of these regulations come into force on the date of promulgation.