Regulations on Irrigation and Water Conservancy

Order of the State Council of the People's Republic of China No. 669

May 17, 2016

The Regulations on Irrigation and Water Conservancy, adopted by the 131st executive meeting of the State Council on April 27, 2016, are hereby promulgated and shall come into force as of July 1, 2016.

Premier Li Keqiang

Regulations on Irrigation and Water Conservancy

Chapter I General Provisions

Article 1 These Regulations are formulated for the purpose of accelerating the development of irrigation and water conservancy, improving the comprehensive production capacity in agriculture, and safeguarding the national food security.

Article 2 These Regulations shall be applicable to the formulation and implementation of the plans on irrigation and water conservancy, the construction, operation, and maintenance of irrigation and water conservancy projects, farmland irrigation and drainage, and other activities.
The term "irrigation and water conservancy" as mentioned in these Regulations refers to the engineering measures and other relevant measures, such as irrigation and drainage, adopted for the purpose of preventing and controlling the damage caused by drought, flood, waterlogging, and salinization of farmlands, and improving the production conditions of agriculture.

Article 3 To develop the irrigation and water conservancy, the principle of being government dominated, carrying out scientific planning, adjusting measures to the local conditions, saving water and improving efficiency, and laying equal stress on construction and administration shall be followed.
The people's government at and above the county level shall strengthen the organization and leadership for the work in relation to irrigation and water conservancy, and take measures to safeguard the development of irrigation and water conservancy.

Article 4 The administrative department for water resources under the State Council shall be in charge of the administration and supervision of the nationwide irrigation and water conservancy. Relevant departments under the State Council shall take charge of the work related to irrigation and water conservancy according to the division of their responsibilities.
The administrative departments for water resources under the local people's governments at or above county level shall be in charge of the administration and supervision of the irrigation and water conservancy within their corresponding administrative regions. Relevant departments under the local people's governments at or above county level shall take charge of the work related to irrigation and water conservancy according to the division of responsibilities.
The people's governments at the township level shall assist the next higher people's governments and the departments concerned to do such work as the construction, operation, and maintenance of irrigation and water conservancy projects within their own administrative regions successfully.

Article 5 The state encourages and guides rural collective and economic organizations, rural water cooperation organization, countrymen, and other social forces to carry out the construction, operation, and maintenance of irrigation and water conservancy projects, protect the facilities of irrigation and water conservancy projects, conserve water, and protect the ecological environment.
The state shall protect the legitimate rights of investors of irrigation and water conservancy projects according to laws.

Chapter II Planning

Article 6 The administrative department for water resources under the State Council shall be in charge of drawing up the nationwide irrigation and water conservancy plan, and reporting the same to the State Council or the departments authorized by the State Council for the approval of promulgation thereof after seeking opinions of relevant departments of the State Council.
The administrative departments for water resources under the local people's governments at or above the county level shall be in charge of drawing up the irrigation and water conservancy plan for their respective administrative regions, and reporting the same to the people's governments at the corresponding level for the approval of promulgation thereof after seeking opinions of the relevant departments of the people's governments at the corresponding level.

Article 7 When drawing up the farmland irrigation and water conservancy plan, factors shall be taken into overall consideration such as the economic and social development level, balance of demand and supply of water and soil resources, agricultural production needs, irrigation and drainage development needs, and environmental protection.
The irrigation and water conservancy plan shall include but not be limited to the development thoughts, overall task, regional layout, and supporting measures; the irrigation and water conservancy plan at the county level shall also include the water source security, project layout, project scale, impacts on the ecological environment, project construction, operation and maintenance, technology promotion, fund raising, etc.

Article 8 The people's governments at and above county level shall organize and launch investigations for irrigation and water conservancy, the outcome of which shall be the basis for drawing up the irrigation and water conservancy plan thereafter.
The administrative departments for water resources under the local people's government at the county level shall seek opinions of rural collective and economic organizations, rural water cooperation organizations, countrymen, and other parties concerned when drawing up the irrigation and water conservancy plan.

Article 9 The irrigation and water conservancy plan at the subordinate level shall be drawn up in line with that compiled by the administrative departments for water resources at the higher level, and be reported to the administrative departments for water resources at the next higher level for filing a record.
The approved irrigation and water conservancy plan shall be the basis for the construction of and administration of irrigation and water conservancy. Where it is indeed necessary to make a change to the irrigation and water conservancy plan, such changes shall be submitted for examination and approval according to the original examination and approval procedures.

Article 10 The administrative departments for water resources under the local people's governments at and above the county level and the departments concerned shall be in charge of implementing the irrigation and water conservancy plan according to the division of responsibilities.
The administrative departments for water resources under the local people's governments at and above the county level shall, in concert with the departments concerned of the people's governments at the corresponding level, evaluate the implementation conditions of the irrigation and water conservancy plan and report the outcome thereof to the people's governments at the corresponding level.

Article 11 Where irrigation and water conservancy is involved while compiling a plan for land reclamation, overall development of agriculture, or the like, such plan shall be linked up with the irrigation and water conservancy plan, and submitted for opinions of the administrative departments for water resources under the people's governments at the corresponding level.

Chapter III Project Construction

Article 12 The people's governments at the county level shall organize and work out the annual implementing plan for the construction of irrigation and water conservancy projects according to the irrigation and water conservancy plan, and coordinate all kinds of engineering construction projects arranged by relevant departments and units with regard to irrigation and water conservancy.
The people's governments at the township level shall coordinate the rural collective and economic organizations, rural water cooperation organizations, and other social forces to conduct the work in relation to the construction of irrigation and water conservancy projects.

Article 13 Irrigation and water conservancy projects shall be constructed according to the relevant national standards on irrigation and water conservancy.
The irrigation and water conservancy standards shall be organized to be formulated by the competent department in charge of standardization and the administrative department for water resources under the State Council, and the competent departments in charge of standardization and the administrative departments for water resources under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the legal procedures and the limit of power.

Article 14 The construction of irrigation and water conservancy projects shall use land intensively and thriftily. The people's governments at and above the county level shall guarantee the land needed for the construction of irrigation and water conservancy projects according to the irrigation and water conservancy plan.

Article 15 The construction units of irrigation and water conservancy projects shall establish and improve the project quality and safety management system, take the responsibility for the project quality and safety, and publicize the project construction situations.
The administrative departments for water resources and other departments concerned under the local people's government at and above county level shall strengthen the supervision and administration of the construction of irrigation and water conservancy projects according to the division of responsibilities.

Article 16 The construction of irrigation and water conservancy projects invested in by the government shall be subject to the completion inspection and acceptance organized by relevant departments under the people's governments at and above the county level, with the participation of relevant specialists, rural collective and economic organizations, rural water cooperation organizations, and countrymen representatives. The construction of irrigation and water conservancy projects invested in by the social forces shall be subject to the completion inspection and acceptance organized by the investors or beneficiaries. Where the irrigation and water conservancy projects are invested in jointly by the governments and social forces, the completion inspection and acceptance thereof shall be organized jointly by relevant departments under the people's governments at and above the county level, and the social investors or beneficiaries.
The completion inspection and acceptance of big and medium-sized irrigation and water conservancy projects shall be organized and accomplished according to the acceptance procedures for water conservancy construction projects, while the acceptance measures for small-sized irrigation and water conservancy projects shall be formulated by the administrative departments for water resources under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in concert with the relevant departments.
After the acceptance of the irrigation and water conservancy projects, the administrative departments for water resources under the people's governments at and above the county level shall store the acceptance results in archives.

Article 17 The administrative departments for water resources under the local people's governments at or above county level shall, in concert with the relevant departments, strengthen the construction of the irrigation and water conservancy information system, and collect and publish the irrigation and water conservancy plans and relevant information with regard to the construction, operation, and maintenance of irrigation and water conservancy projects, etc.

Chapter IV Operation and Maintenance of Projects

Article 18 The responsible entities shall be determined for the operation and maintenance of irrigation and water conservancy projects according to the following provisions:
1. Units determined by the people's governments at and above the county level in accordance with the project management authority shall be responsible for the operation and maintenance of large and medium-sized irrigation and water conservancy projects invested in by governments. Governments are encouraged to purchase services so as to involve social forces in the operation and maintenance work;
2. Where small-sized irrigation and water conservancy projects are invested in by the government or constructed with financial aids and are used and managed by the beneficiaries such as rural collective economic organizations, rural water cooperation organizations, and countrymen according to the relevant provisions, such beneficiaries or the units or individuals entrusted by the beneficiaries shall be responsible for the operation and maintenance of the said projects;
3. Either rural collective economic organizations or the units or individuals entrusted thereby shall be responsible for the operation and maintenance of the irrigation and water conservancy projects constructed with the funds and manpower obtained by such rural collective economic organizations;
4. Either the investors or the units or individuals entrusted thereby shall be responsible for the operation and maintenance of the irrigation and water conservancy projects invested in and constructed by countrymen or other social forces;
5. The investors shall determine the entities responsible for the operation and maintenance of the irrigation and water conservancy projects jointly invested in and constructed by governments and social forces.
In the event that rural land under a lease and management right is allotted according to the law, entities responsible for the operation and maintenance of irrigation and water conservancy projects located on such land shall be determined simultaneously.

Article 19 Irrigation and water conservancy projects in the irrigation areas shall be jointly administered by the administrative units within such irrigation areas and the beneficiaries such as rural collective economic organizations, rural water cooperation organizations, and countrymen. The administrative measures for irrigation areas shall be formulated by the administrative department for water resources under the State Council in concert with the departments concerned.

Article 20 The people's governments at and above the county level shall establish a reasonable mechanism for bearing the operation and maintenance fund burden of irrigation and water conservancy projects.
The owners of irrigation and water conservancy projects shall fulfill the funds for irrigation and water conservancy projects to ensure that the operation and maintenance run smoothly.

Article 21 The units and individuals responsible for the operation and maintenance of irrigation and water conservancy projects shall establish and improve the operation and maintenance system, strengthen the daily inspections, repairs, and maintenance of such projects, and conduct dispatching and scheduling work in accordance with the relevant provisions so as to ensure that the irrigation and water conservancy projects are able to work normally.
Where the dispatching and scheduling of the water from irrigation and water conservancy projects affects the navigation conditions, relevant provisions of the Channel Law of the People's Republic of China shall be complied with.

Article 22 The administrative departments for water resources under the people's governments at and above the county level and the owners of irrigation and water conservancy projects shall strengthen the supervision of the operation and maintenance work of irrigation and water conservancy projects, and urge the units and individuals responsible for the operation and maintenance to perform their responsibilities.
The rural collective economic organizations, rural water cooperation organizations, and countrymen who find any situation under which the normal operation of the irrigation and water conservancy projects will be affected are empowered to report the same to the administrative departments for water resources under the people's government at and above the county level as well as the owners of such projects. Upon receipt of the report, the administrative departments for water resources under the people's governments at and above the county level and the owners of such projects shall urge the units and individuals responsible for the operation and maintenance of such projects in question to deal with the said situation in a timely manner.

Article 23 The following conduct that damages the irrigation and water conservancy engineering facilities shall be prohibited,
1. Seizing or damaging the irrigation and water conservancy engineering facilities;
2. Activities such as blasting, well-drilling, quarrying, and soil-sampling that endanger the security of irrigation and water conservancy engineering facilities;
3. Piling up objects that block the impoundment, water conveyance, or drainage;
4. Constructing buildings and structures that block the impoundment, water conveyance, or drainage; and
5. Discharging sewage and dumping garbage and other waste on embankments or in ditches.

Article 24 Any unit or individual shall not occupy the water sources specifically for agricultural irrigation, or the irrigation and water conservancy engineering facilities without approval.
In the case where any newly-constructed, reconstructed, and extended project needs to occupy the water sources for agricultural irrigation and the irrigation and water conservancy engineering facilities, the unit or individual shall negotiate with the units or individuals of water taking, or the owners of the irrigation and water conservancy projects, and report the same to the administrative departments with jurisdiction for water resources under the people's governments at and above the county level for approval.
Occupants shall construct alternative projects whose efficiency and function shall be equivalent to that of the occupied irrigation and water conservancy engineering facilities; if such occupants do not have the conditions for constructing the said alternative projects, they shall pay the compensation fee for the occupation at the price equivalent to the total investment amount of the alternative projects; if any other loss will be caused such as the increase of operational costs, the occupants shall bear the compensation according to the law. The compensation standard shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Article 25 If the irrigation and water conservancy engineering facilities are impossible to be used any longer because they have gone beyond their designed lifetime, or their functions such as irrigation and drainage have been basically lost or seriously damaged, the owners of such projects or the administrative units shall deal with the said facilities in a timely manner in accordance with the relevant provisions to eliminate any potential security risk, and keep the administrative departments for water resources under the people's governments at and above the county level informed of relevant information.

Chapter V Administration of Irrigation and Drainage

Article 26 The administrative departments for water resources under the people's governments at and above the county level shall strengthen the supervision of the irrigation and drainage of farmland and the guidance thereof, and ensure the quality of technological services.

Article 27 The use of water in farmland irrigation shall be subject to a system under which control over the total volume is combined with control over the quotas.
The quota of water used for crop irrigation shall be determined and published according to the authority and procedures provided in the Water Law of the People's Republic of China.
The water used for farmland irrigation shall be subject to a price of water determined reasonably and a system under which the use of water is compensated and a fee is charged according to the amount of water used.

Article 28 The administrative units in irrigation areas shall formulate water-using plans and scheduling and dispatching schemes for the irrigation areas according to the annual water-taking plan approved by the administrative departments with jurisdiction for water resources under the people's governments at and above the county level, and sign the water-using agreements with water users.

Article 29 Water used for farmland irrigation shall be in line with the corresponding water quality standards. The competent departments of environmental protection under the people's governments at and above the county level shall, in concert with the administrative departments for water resources and the competent departments of agriculture, strengthen the monitoring of the quality of water used in farmland irrigation.

Article 30 The state encourages the adoption of advanced and applicable farmland drainage technologies and measures to promote the transformation of saline lands and medium- and low-yield farmlands; the state shall also control and ensure the rational use of farmland drainage, reduce the loss of fertilizer, and prevent agricultural non-point source pollution.

Article 31 The administrative departments for water resources under the people's governments of all provinces, autonomous regions, and municipalities directly under the central government shall efficiently organize the experimental work for irrigation and drainage within their respective jurisdiction. The irrigation experiment stations shall carry out experiments and research on irrigation and drainage in a sound way, strengthen the demonstration and promotion of their scientific and technological achievements, and guide water users towards scientific irrigation and drainage.

Article 32 The state encourages the popularization and application of the water-saving irrigation technologies, such as sprinkler irrigation, micro irrigation, pipe irrigation, and ditch anti-leakage irrigation, and the advanced machineries, agricultural technologies, and biotechnologies to raise the efficiency of water use in irrigation.

Article 33 Water-saving irrigation shall be developed with priority in the major grain producing areas, areas suffering from severe shortages of water, ecologically fragile areas, and areas where the groundwater is over-exploited.
The state encourages units and individuals such as enterprises, rural collective economic organizations, and rural water cooperation organizations to invest in and construct water-saving irrigation facilities, and also encourages them to purchase water-saving irrigation equipment by providing fiscal subsidies or other means.

Article 34 While planning the construction of agricultural production bases producing commodity grain, cotton, oil, vegetables, and the like, the local conditions of water resources shall be taken into full consideration. It shall be restricted from developing high water-consuming crops in areas short of water and new exploitation of groundwater shall be prohibited as well in areas where the groundwater has been over-exploited.

Chapter VI Safeguarding and Support

Article 35 The construction of irrigation and water conservancy projects shall be subject to the method of combining government investment with social forces investment.
The people's governments at and above the county level shall raise funds for the construction of irrigation and water conservancy projects through multiple channels to safeguard the investment for irrigation and water conservancy construction.

Article 36 The people's governments at the county level shall publish information such as the annual implementing plan, constructional conditions, and the subsidy standards for the construction of irrigation and water conservancy projects in a timely manner, and shall guide the social forces to participate in constructing irrigation and water conservancy projects.
The local people's governments at and above the county level shall support the social forces to conduct operational activities of irrigation and water conservancy projects by providing farmland irrigation services or collecting fees for water supply, etc., to safeguard their legitimate operation income.
The administrative departments for water resources under the people's governments at and above the county level shall provide social forces with guidance and technological support for their participation in the construction and operation of irrigation and water conservancy projects.

Article 37 The state shall guide financing institutions to launch financial products and service methods that meet the characteristics of irrigation and water conservancy engineering projects, and intensify the credit support given to the construction of irrigation and water conservancy projects.
The electricity used for farmland irrigation and drainage shall be priced and supplied in the same way as for agricultural production.

Article 38 The people's governments at the county level shall establish and improve a grassroots water conservancy service system, and include the commonweal business budgets of grassroots water conservancy service institutions in the budget of the corresponding government. The grassroots water conservancy service institutions shall perform commonweal functions such as the administration of irrigation and water conservancy construction, and scientific and technological promotion.
The state shall support professionalized service organizations to carry out commonweal work such as irrigation and drainage, and maintenance of irrigation and water conservancy facilities through the government purchase of services and other means.

Article 39 The administrative departments for water resources under the people's governments at and above the county level shall, in concert with the departments concerned under the people's governments at the corresponding level, formulate the promotion directory and training plan for new irrigation and water conservancy technologies, and strengthen the training of grassroots water conservancy service personnel and countrymen.

Article 40 Any unit or individual that makes remarkable achievements in irrigation and water conservancy work, shall be commended according to the relevant provisions of the state.

Chapter VII Legal Liabilities

Article 41 Where the administrative departments for water resources under the people's governments at and above the county level and other departments concerned, in violation of the provisions stipulated herein, fail to fulfill their responsibilities regarding the administration and supervision of irrigation and water conservancy, the responsible leaders and other directly responsible persons shall be subject to sanctions in accordance with the law; where a criminal offense is constituted, the criminal liability of the responsible leaders and directly responsible persons shall be pursued in accordance with the law.

Article 42 Where the units determined by the people's governments at and above the county level to take charge of operating and maintaining irrigation and water conservancy projects fail to repair, maintain, and dispatch, or implement the annual water-taking plan according to the provisions, they shall be ordered by the administrative departments for water resources under the people's governments at and above the county level to make rectification; in the case of any liability accident or other material damages caused, the persons directly in charge and other directly responsible persons shall be subject to sanctions in accordance with the law; where a criminal offense is constituted, the criminal liability of the person directly in charge and other directly responsible persons shall be pursued in accordance with the law.

Article 43 Any unit or individual that, in violation of the provisions stipulated herein, commits one of the following acts shall be ordered by the administrative departments for water resources under the people's governments at and above the county level to discontinue the violation and restore the facilities back to their former state or take other remedial measures within a time limit. If the violator fails to restore such facilities back to their former state or take other remedial measures, it/he may be enforced according to the law; if losses are caused, the violator shall bear civil liabilities according to the law; if the violation constitutes acts against a public security administration, penalties shall be imposed for such violation of the public security administration; and if a crime is constituted, criminal liabilities shall be investigated in accordance with the law.
1. Piling up objects that block the impoundment, water conveyance, or drainage of irrigation and water conservancy engineering facilities;
2. Constructing buildings and structures that block the impoundment, water conveyance, or drainage of irrigation and water conservancy engineering facilities; and
3. Occupying the water sources specifically for agricultural irrigation or irrigation and water conservancy facilities.

Article 44 Where any unit or individual, in violation of the provisions stipulated herein, seizes or damages irrigation and water conservancy engineering facilities and carries out activities that endanger the security of irrigation and water conservancy engineering facilities, such as blasting, well-drilling, quarrying, and soil-sampling, it/he shall be handled according to the provisions of the Water Law of the People's Republic of China.
Any unit or individual, in violation of the provisions stipulated herein, who discharges sewage or dumps garbage and other wastes on embankments and in ditches, shall be dealt with according to the provisions of the relevant laws and administrative regulations on environmental protection.

Chapter VIII Supplementary Provisions

Article 45 These Regulations shall come into force as of July 1, 2016.