Irrigation Regulations

Original Language Title: 农田水利条例

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People's Republic of China promulgated by Decree No. 669

                        
The irrigation and water conservancy Executive meeting of the State Council on April 27, 2016 131th adoption of the regulations, are hereby promulgated and come into force since July 1, 2016.
                            Prime Minister Li keqiang

May 17, 2016 irrigation regulations

Chapter I General provisions

First in order to accelerate the development of irrigation and Water Conservancy and improve comprehensive production capacity of agriculture, ensuring national food security, the regulations are formulated.

Article planning implementation, irrigation of farmland water conservancy project construction, operation and maintenance, irrigation and drainage activities, application of this regulation.

Water Conservancy works mentioned in these regulations refers to combat drought, flood, waterlogging and salinity disaster in farmland, improve the conditions for agricultural production, irrigation and drainage engineering and other related measures.

Article development of irrigation and water conservancy, adhere to the Government-guided, scientific planning, local conditions, water-saving and efficiency, construction and principles.

The people's Governments above the county level shall strengthen leadership on farmland water conservancy, to take measures to guarantee water conservancy development. Fourth water Administrative Department under the State Council is responsible for the national farmland irrigation management and supervision.

Relevant departments of the State Council in accordance with the Division of responsibilities related to irrigation and water conservancy work. Local people's Governments at or above the county level the water conservancy administrative department responsible for the administration of the irrigation and water conservancy management and supervision.

Relevant departments of the local people's Governments at or above the county level in accordance with the Division of responsibilities related to irrigation and water conservancy work.

Township people's Government shall assist higher people's Governments and relevant departments of the administrative area of irrigation and water conservancy construction and operation and maintenance work.

Article fifth rural collective economic organizations, encourage and guide the country water partnership, farmers and other social forces in construction of irrigation and water conservancy projects, operations and maintenance, protection of farmland water conservancy facilities, water conservation, protection of the ecological environment.

State shall protect the lawful rights and interests of irrigation and drainage engineering investors.

Chapter II plan

Sixth water Administrative Department under the State Council is responsible for preparing the national irrigation plan, seek the views of the relevant departments of the State Council, or authorized by the State Council's approval of the State Council announced.

Local people's Governments at or above the county level administrative areas of water conservancy administrative departments are responsible for the preparation of the irrigation and water conservancy plan, consult the relevant departments of the people's Government views, level people's Government announced.

Seventh compilation of irrigation and water conservancy planning should take into consideration economic and social development, soil and water resources supply-demand balance, agricultural production, irrigation and drainage development demands, environmental protection, and other factors.

Planning should include the development of farmland water conservancy, the overall task, regional distribution, safeguard measures and so on; County farmland protection, project planning should also include the layout, scale, environmental impacts, construction, operation and maintenance, technical extension, financing, and more. Eighth people's Governments above the county level shall organize the investigation on farmland.

Results of the survey are the basis for preparation of the irrigation and water conservancy planning of farmland water conservancy.

County Water Conservancy administrative departments of irrigation and water conservancy planning, rural collective economic organizations shall be solicited, the farmers ' water cooperation organizations, farmers and so on.

Nineth lower irrigation plans shall be in accordance with the superior water conservancy plan, water conservancy administrative departments and the up-level people's Government for the record. Approved plan is the basis for construction of Water Conservancy works and management of farmland water conservancy.

Water Conservancy planning necessitates modification shall be submitted for approval under the original approval procedure.

Tenth water administration under the people's Governments above the county level authorities and other competent authorities in accordance with the Division of responsibilities is responsible for implementation of the plan on farmland.

Water Administrative Department of the people's Governments above the county level shall, in conjunction with the relevant departments under the same level of irrigation and water conservancy planning implementation evaluation, and reported the results to the people's Governments at the corresponding level.

11th compilation of land management, agricultural development plan involving irrigation, should be dovetailed with the irrigation and water conservancy planning and seek the advice of competent administrative Department of the people's Governments at the corresponding level of water.

Chapter III construction

12th County people's Governments shall, in accordance with planning organizations in the development of irrigation and water conservancy construction of farmland water conservancy annual implementation plans, and coordinate with relevant departments and units to arrange with all kinds of projects related to the construction of farmland water conservancy projects.

Township people's Governments should coordinate the rural collective economic organizations, farmers ' water cooperation organizations and other social forces to carry out related work of the construction of irrigation and water conservancy projects.

13th construction of farmland water conservancy projects should comply with the relevant national standard on farmland.

Irrigation and water conservancy standardization of standards shall be formulated by the competent departments, water conservancy administrative departments and provinces, autonomous regions and municipalities standardized Department, Department of water administration in accordance with legal procedures, and permission set. 14th construction of irrigation and water conservancy projects should be economical and intensive use of land.

The people's Government above the county level should according to the irrigation and water conservancy planning, protection of farmland water conservancy construction site requirements.

15th water conservancy projects construction unit shall establish and improve construction quality and safety management system, responsible for engineering quality and safety, and public works construction.

Water administration under the people's Governments above the county level authorities and other relevant departments shall, in accordance with the Division of responsibilities to strengthen the water conservancy engineering construction supervision and management. 16th government investment in building water conservancy projects organized by the relevant departments of the people's Governments above the county level completion and acceptance, and invite relevant experts and the rural collective economic organizations, farmers ' water cooperation organizations, farmers ' representatives. Social investment in building water conservancy projects organized by the investor or beneficiaries of final acceptance.

Government and social forces to jointly invest in irrigation and water conservancy projects, the people's Governments above the county level authorities, social investors or beneficiaries of organizational acceptance. Large and medium irrigation projects should be organized in the acceptance code for water conservancy construction projects completion.

Acceptance method of small-scale irrigation and water conservancy projects by provinces, autonomous regions and municipalities of water administration in conjunction with the departments concerned.

Upon acceptance of irrigation and water conservancy projects, organized by the competent administrative departments of local people's Governments at or above the county level water with respect to archiving.

17th water Administrative Department of the people's Governments above the county level shall, jointly with relevant departments to step up construction of water conservancy information system, collect and publish the plan on farmland, water conservancy project construction and operation and maintenance, and so on.

The fourth chapter project operation and maintenance

Article 18th operation and maintenance of irrigation and water conservancy projects shall be determined in accordance with the following subjects:

(A) Government investment in building large and medium irrigation works, the people's Governments above the county level in accordance with the permissions determine which unit is responsible for operation and maintenance of engineering management, encourage through purchase of services, such as the introduction of social forces participating in operation and maintenance;

(B) the Government investing or financial aid construction of small-scale irrigation and water conservancy projects, in accordance with the provisions referred to benefit the rural collective economic organizations, farmers ' organizations, farmers use water cooperation and management, by the beneficiaries or their authorized units and individuals responsible for the operation and maintenance;

(C) financing of rural collective economic organizations raised labour construction of irrigation and water conservancy projects, commissioned by the rural collective economic organizations or the unit or individual responsible for operation and maintenance;

(D) farmers and other sectors of society to invest in construction of irrigation and water conservancy projects, commissioned by the investors or the unit or individual responsible for operation and maintenance;

(E) Government and social forces to jointly invest in construction of irrigation and drainage engineering, operation and maintenance subject determined by the investor in accordance with the contract.

Of the contractual operation right of rural land circulation according to law should be clear on the land operation and maintenance of irrigation and drainage engineering subjects. 19th management of irrigation area water conservancy project management units and benefited the rural collective economic organizations, water cooperative organizations of farmers, peasants and other management methods.

Irrigation management approach by the water conservancy Administrative Department under the State Council together with the relevant departments.

20th people's Governments above the county level shall establish mechanisms of operation and maintenance of irrigation and drainage engineering funding reasonably afford.

Owners should implement operation and maintenance of irrigation and drainage engineering of irrigation and water conservancy engineering requirements, guarantee the normal operation and maintenance work.

21st section is responsible for the operation and maintenance of irrigation and drainage engineering units and individuals shall establish and improve the operation and maintenance of systems, strengthening the routine inspection, repair and maintenance of the irrigation and water conservancy projects, in accordance with the relevant provisions of the schedule to ensure normal operation of irrigation and water conservancy projects.

Irrigation water scheduling relates to navigation should be consistent with the People's Republic of China channel relevant provisions of the law.

22nd water administration under the people's Governments above the county level authorities and water conservancy construction owner shall strengthen the supervision on the operation and maintenance of irrigation and drainage engineering work, urge the responsible units and individuals perform operation and maintenance operation and maintenance responsibilities. Rural collective economic organizations, farmers ' water cooperation organizations, farmers, affecting the normal operation of irrigation and drainage engineering conditions, water administration under the people's Governments above the county level are entitled to competent authorities and owners of farmland water conservancy engineering report.

Received a report of the people's Governments above the county level the water conservancy administrative departments and operation and maintenance of irrigation and water conservancy construction owner shall urge the responsible units and individuals in time.

Article 23rd suppression of farmland water conservancy facilities in the following acts:

(A) seizing, damaging farmland water conservancy facilities;

(B) jeopardize the safety of farmland water conservancy blasting, drilling wells, quarrying, soil and other activities;

(C) stacking block storage, water conveyance and drainage of objects;

(D) hampered the construction of water storage, water conveyance and drainage of buildings and structures;

(E) sending waste embankments, ditches, dumping of garbage and other waste.

24th no unit or individual may unlawfully occupying agricultural irrigation, farmland water conservancy facilities.

New construction, reconstruction or expansion project requires irrigation water and farmland water conservancy facilities, and water withdrawal of units, individuals, or owners of farmland water conservancy engineering consultation and submitted to the jurisdiction of the local people's Governments at or above the county level the water conservancy Administrative Department. Construction and occupants should be occupied by farmland water conservancy facilities benefits and equivalent alternative works does not have the replacement contracts, total investment should be in accordance with the construction of a replacement project will pay occupation compensation caused other losses such as increased operating costs, shall be given compensation.

Compensation standards enacted by the provinces, autonomous regions and municipalities directly under the.

25th farmland water conservancy facilities were more than design life, irrigation and drainage function lost or seriously damaged and cannot be used, project owners or management unit timely disposal should be in accordance with the relevant provisions to eliminate security risks, and inform the competent administrative departments of local people's Governments at or above the county level water.

The fifth chapter irrigation and drainage management

26th the people's Governments above the county level shall farmland irrigation and drainage water conservancy administrative departments should strengthen the supervision and guidance, technical services.

27th irrigation water use, of total amount control and quota management system.

Agricultural irrigation water quota in accordance with the People's Republic of China water law limits of authority and procedures are developed and published.

Water price of irrigation water use, should be rationally determined and paid use, metering and charging.

28th irrigation management unit should be under the jurisdiction of the people's Governments above the county level annual water withdrawal plan approved by the water conservancy administrative departments, development of irrigation area water supply planning and scheduling programmes, water agreement with the water users. Article 29th of farmland irrigation water shall conform to the appropriate water quality criteria.

Local people's Governments at or above the county level shall, jointly with the competent Department of environmental protection water conservancy administrative departments, Agriculture Department strengthening of irrigation water use, water quality monitoring.

30th State to encourage advanced applicable agricultural drainage techniques and measures, promotion of saline-alkali land and renovation field control and rational utilization of farmland drainage, reduce wastage, and preventing the agricultural non-point source pollution. 31st of provinces, autonomous regions and municipalities water conservancy administrative departments should organize the work of the administrative area of farmland irrigation and drainage tests.

Experimental research on farmland irrigation and drainage irrigation experiment station should do, strengthening scientific and technological achievements extension, steering scientific irrigation and drainage of water.

32nd State encourages the application of sprinkler irrigation, micro-irrigation, pipeline water irrigation, water conveyance irrigation water saving irrigation in Canal seepage control techniques, and advanced agricultural machinery, agricultural and biological technology, improve the efficiency of irrigation water.

33rd main grain-producing area and an acute shortage of water and the environment in vulnerable areas and groundwater overmining regions should give priority to the development of water-saving irrigation.

The State encourages enterprises, rural collective economic organizations, farmers ' water cooperation organizations and other units and individuals to invest in water-saving irrigation facilities, financial assistance and other means to encourage purchase of water-saving irrigation equipment. Article 34th planning construction of commodity grain, cotton, oil, vegetables and other agricultural production bases, should fully take into account the local conditions of water resources.

Water resource shortage areas, limiting development of high water consumption crops and groundwater overdraft area, prohibit irrigation added access to groundwater.

The sixth chapter guarantee and support

Article 35th of irrigation and water conservancy construction of government investment and social investment methods.

The people's Governments above the county level shall multi-channel financing irrigation and water conservancy construction funds, protection of farmland water conservancy construction inputs.

Article 36th people's Governments at the county level should be made public timely construction of farmland water conservancy projects annual implementation plans, conditions, benefits and other information and guide social forces to participate in the construction of irrigation and water conservancy projects.

Local people's Governments at or above the county level should support social force by providing irrigation services, receive water supply water, water conservancy projects and business activities and guarantee their legitimate business proceeds.

Local people's Governments at or above the county level water conservancy administrative departments for social forces to participate in construction and management of irrigation and water conservancy projects to provide guidance and technical support.

37th National Guide financial institutions to launch with the irrigation and water conservancy projects characteristics of financial products and services, increase credit support for construction of irrigation and water conservancy projects.

Irrigation and drainage agricultural production of electricity prices. Article 38th County people's Governments shall establish and improve the service system of grass-roots Water Conservancy, non-profit business funding in basic water services institutions into the Government's budget.

Basic water services institutions shall perform the construction management, promotion of science and technology and other public functions.

Through purchase of services or any other means, support professional services organization to carry out farmland irrigation and drainage, and agricultural water conservancy facilities maintenance and other pro bono work.

39th water Administrative Department of the people's Governments above the county level shall, in conjunction with the relevant departments of the people's Government, developing irrigation technology extension directory and training plans, strengthen the training of grass-roots Water Conservancy staff and farmers.

40th on outstanding achievements in water conservancy work units and individuals, in accordance with the relevant provisions of the State granting recognition.

The seventh chapter legal liability

41st in violation of the provisions of this Ordinance, the people's Government above the county level the water conservancy administrative departments and other departments concerned shall discharge the responsibilities of farm irrigation management and supervision, leadership and responsible persons directly responsible shall be given sanctions; responsible leaders and persons constitute a crime, criminal responsibility shall be investigated according to law.

42nd article violation this Ordinance provides, County above Government determine of irrigation and water conservancy engineering run maintenance units not according to provides for maintenance conservation and scheduling, and not implementation annual take water plans of, by County above place Government water administrative competent sector ordered corrected; occurred accident or caused other major loss of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; directly is responsible for of competent personnel and other directly responsibility personnel constitute crime of, law held criminal.

43rd article violation this Ordinance provides, has following behavior one of of, by County above place Government water administrative competent sector ordered stop violations, deadline recovery undisturbed or take remedy measures; late not recovery undisturbed or take remedy measures of, law forced implementation; caused loss of, law bear civil responsibility; constitute violation security management behavior of, law give security management punishment; constitute crime of, law held criminal:

(A) the stacked block of farmland water conservancy facilities, water storage, water distribution, drainage objects;

(B) facilities hampered the construction of farmland water conservancy project water storage, water conveyance and drainage of buildings and structures;

(C) the unauthorized occupation of agricultural irrigation, farmland water conservancy facilities.

44th in violation of the provisions of this Ordinance, seizing, damaging farmland water conservancy facilities, and jeopardize the safety of farmland water conservancy blasting, drilling wells, quarrying, soil and other acts, in accordance with the People's Republic of China water law regulations.

Violation of the provisions of this regulation, embankments, ditches, sewage, dumping of garbage and other wastes, in accordance with the provisions of relevant laws and administrative regulations on environmental protection.

The eighth chapter by-laws 45th article of the regulations come into force on July 1, 2016.

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