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Farmland Water Conservancy Regulations

Farmland Water Conservancy Regulations

(Summary description) The "Regulations on Farmland Water Conservancy" were adopted at the 131st executive meeting of the State Council on April 27, 2016. They are hereby promulgated and shall come into force on July 1, 2016.

Farmland Water Conservancy Regulations

(Summary description) The "Regulations on Farmland Water Conservancy" were adopted at the 131st executive meeting of the State Council on April 27, 2016. They are hereby promulgated and shall come into force on July 1, 2016.

Information
Order of the State Council of the People's Republic of China
No. 669
 
  The "Regulations on Farmland Water Conservancy" were adopted at the 131st executive meeting of the State Council on April 27, 2016. They are hereby promulgated and shall come into force on July 1, 2016.
 
Prime Minister   Li Keqiang
 
May 17, 2016
 
 
Farmland Water Conservancy Regulations
 
Chapter One
 
  Article 1 In order to accelerate the development of farmland water conservancy, improve the comprehensive agricultural production capacity, and ensure national food security, these regulations are formulated.
 
   Article 2 These regulations shall apply to the preparation and implementation of farmland water conservancy planning, construction and operation and maintenance of farmland water conservancy projects, farmland irrigation and drainage, etc.
 
  Farmland water conservancy referred to in these Regulations refers to the irrigation, drainage and other engineering measures and other related measures taken to prevent and control drought, waterlogging, waterlogging, and saline-alkali disasters on farmland, and to improve agricultural production conditions.
 
   Article 3 The development of farmland water conservancy shall adhere to the principles of government-led, scientific planning, adapting measures to local conditions, water saving and high efficiency, and equal emphasis on construction and management.
 
  The people's government at or above the county level should strengthen the organization and leadership of farmland water conservancy work, and take measures to ensure the development of farmland water conservancy.
 
   Article 4 The water administrative department of the State Council is responsible for the management and supervision of farmland water conservancy nationwide. Relevant departments of the State Council shall do a good job in farmland water conservancy related work in accordance with the division of responsibilities.
 
  The water administrative department of the local people's government at or above the county level is responsible for the management and supervision of farmland water conservancy in its administrative area. The relevant departments of the local people's government at or above the county level shall do a good job in farmland water conservancy related work in accordance with the division of responsibilities.
 
   The township people’s government shall assist the higher-level people’s government and its relevant departments in the construction, operation and maintenance of farmland water conservancy projects in their administrative area.
 
  Article 5 The state encourages and guides rural collective economic organizations, farmer water cooperative organizations, farmers and other social forces to carry out the construction, operation, operation and maintenance of farmland water conservancy projects, protect farmland water conservancy projects, save water, and protect the ecological environment.
 
  The state protects the legitimate rights and interests of investors in farmland water conservancy projects in accordance with the law.
 
Chapter Two
 
  Article 6 The water administrative department of the State Council is responsible for formulating the national farmland water conservancy plan, and after soliciting opinions from the relevant departments of the State Council, it shall be submitted to the State Council or a department authorized by the State Council for approval and announcement.
 
  The water administrative department of the local people's government at or above the county level is responsible for the preparation of farmland water conservancy plans for the administrative area, and after soliciting opinions from the relevant departments of the people's government at the same level, it is reported to the people's government at the same level for approval and announcement.
 
  Article 7 The preparation of a farmland water conservancy plan shall take into account factors such as the level of economic and social development, the balance of supply and demand of water and soil resources, agricultural production needs, irrigation and drainage development needs, and environmental protection.
 
Farmland water conservancy planning should include development ideas, overall tasks, regional layout, safeguard measures, etc.; county-level farmland water conservancy planning should also include water source protection, project layout, project scale, ecological environmental impact, project construction and operation and maintenance, technology promotion, and funding. Raising and other content.
 
Article 8 People's governments at or above the county level shall organize and carry out farmland water conservancy surveys. The results of farmland water conservancy surveys are the basis for the preparation of farmland water conservancy plans.
 
   The water administrative department of the people's government at the county level shall solicit opinions from rural collective economic organizations, farmers' water cooperative organizations, farmers, etc., when preparing farmland water conservancy plans.
 
   Article 9 The lower-level farmland water conservancy plan shall be prepared in accordance with the higher-level farmland water conservancy plan and filed with the water administrative department of the people's government at the next higher level.
 
   The approved farmland water conservancy plan is the basis for farmland water conservancy construction and management. If the farmland water conservancy plan really needs to be revised, it shall be submitted for approval in accordance with the original approval procedures.
 
   Article 10 The water administrative department of the people's government at or above the county level and other relevant departments shall be responsible for the implementation of farmland water conservancy planning in accordance with the division of responsibilities.
 
  The water administrative department of the people's government at or above the county level shall, together with the relevant departments of the people's government at the same level, evaluate the implementation of the farmland water conservancy plan, and report the evaluation results to the people's government at the same level.
 
  Article 11 The preparation of plans for land improvement and comprehensive agricultural development involves farmland water conservancy, and should be linked with the farmland water conservancy plan, and the opinions of the water administrative department of the people's government at the same level should be sought.
 
Chapter Three   Project Construction
 
  Article 12 The people's government at the county level shall, in accordance with the farmland water conservancy planning, organize and formulate the annual implementation plan for the construction of farmland water conservancy projects, and coordinate various construction projects related to farmland water conservancy arranged by relevant departments and units.
 
   The township people's government shall coordinate the rural collective economic organizations, farmers' water cooperation organizations and other social forces to carry out relevant work on the construction of farmland water conservancy projects.
 
   Article 13 The construction of farmland water conservancy projects shall conform to the relevant national farmland water conservancy standards.
 
  Farmland water conservancy standards are formulated by the standardization department and water administration department of the State Council, as well as the standardization department and water administration department of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, in accordance with legal procedures and authority.
 
   Article 14 The construction of farmland water conservancy projects shall use land economically and intensively. The people's government at or above the county level shall, in accordance with the farmland water conservancy planning, guarantee the land demand for farmland water conservancy projects.
 
   Article 15 The construction unit of a farmland water conservancy project shall establish and improve the project quality and safety management system, be responsible for the quality and safety of the project, and publicize the construction status of the project.
 
  The water administrative department of the people's government at or above the county level and other relevant departments shall strengthen the supervision and management of the construction of farmland water conservancy projects in accordance with the division of responsibilities.
 
  Article 16 The government-invested farmland water conservancy project shall be completed and accepted by the relevant departments of the people's government at or above the county level, and relevant experts, rural collective economic organizations, farmer water cooperative organizations, and farmer representatives shall be invited to participate. For farmland water conservancy projects invested and constructed by social forces, the investors or beneficiaries shall organize the completion inspection and acceptance. For farmland water conservancy projects jointly invested by the government and social forces, the relevant departments of the people's government at or above the county level, social investors or beneficiaries shall jointly organize the completion and acceptance.
 
   Large and medium-sized farmland water conservancy projects shall organize the completion acceptance inspection in accordance with the water conservancy construction project acceptance regulations. The measures for the acceptance of small-scale farmland water conservancy projects shall be formulated by the water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with relevant departments.
 
   After the farmland water conservancy project has passed the acceptance check, the water administrative department of the local people's government at or above the county level will organize a record and archive.
 
  Article 17 The water administrative department of the people's government at or above the county level shall, in conjunction with relevant departments, strengthen the construction of farmland water conservancy information systems, collect and release information on farmland water conservancy planning, construction and operation and maintenance of farmland water conservancy projects.
 
Chapter 4   Project Operation and Maintenance
 
   Article 18 The main body of operation and maintenance of farmland water conservancy projects shall be determined in accordance with the following regulations:
 
   (1) Large and medium-sized farmland water conservancy projects invested and constructed by the government shall be operated and maintained by units determined by the people's government at or above the county level in accordance with the project management authority, and encourage social forces to participate in operation and maintenance through government purchases of services, etc.;
 
(2) Small-scale farmland water conservancy projects invested by the government or constructed with financial subsidies are handed over to beneficiary rural collective economic organizations, farmer water cooperative organizations, farmers, etc., for use and management in accordance with regulations, and beneficiaries or units or individuals entrusted by them are responsible for operation maintain;
 
   (3) The operation and maintenance of farmland water conservancy projects funded and constructed by rural collective economic organizations shall be operated and maintained by rural collective economic organizations or units or individuals entrusted by them;
 
   (4) The operation and maintenance of farmland water conservancy projects invested and constructed by farmers or other social forces shall be operated and maintained by investors or units or individuals entrusted by them;
 
   (5) For farmland water conservancy projects jointly invested and constructed by the government and social forces, the investor shall determine the main body of operation and maintenance in accordance with the agreement.
 
   Where the right of contracted management of rural land is transferred in accordance with the law, the main body of operation and maintenance of the farmland water conservancy project on the land shall be clarified at the same time.
 
   Article 19 Farmland water conservancy projects in irrigation areas implement a combination of the management of the irrigation area management unit and the management of the beneficiary rural collective economic organizations, farmers' water cooperative organizations, and farmers. The administrative measures for irrigation areas shall be formulated by the water administrative department of the State Council in conjunction with relevant departments.
 
   Article 20 The people's government at or above the county level shall establish a mechanism for reasonable burden of the operation and maintenance expenses of farmland water conservancy projects.
 
  The owner of a farmland water conservancy project shall allocate funds for the operation and maintenance of the farmland water conservancy project to ensure the normal operation and maintenance work.
 
   Article 21 The units and individuals responsible for the operation and maintenance of farmland water conservancy projects shall establish a sound operation and maintenance system, strengthen daily inspections, repairs and maintenance of farmland water conservancy projects, and conduct dispatch in accordance with relevant regulations to ensure the normal operation of farmland water conservancy projects.
 
   If the water volume dispatching of farmland water conservancy projects involves navigability of waterways, it shall comply with the relevant provisions of the "Waterway Law of the People's Republic of China".
 
   Article 22 The water administrative department of the people's government at or above the county level and the owners of farmland water conservancy projects shall strengthen supervision of the operation and maintenance of farmland water conservancy projects, and supervise the units and individuals responsible for operation and maintenance to perform their operation and maintenance responsibilities.
 
   Rural collective economic organizations, farmer water cooperation organizations, farmers, etc., have the right to report to the water administration department of the people's government at or above the county level and the owner of the farmland water conservancy project when they discover conditions that affect the normal operation of farmland water conservancy projects. The water administrative department of the people's government at or above the county level and the owner of the farmland water conservancy project that have received the report shall supervise the unit and individual responsible for operation and maintenance to deal with it in a timely manner.
 
Article 23 The following acts that endanger the facilities of farmland water conservancy projects are prohibited:
 
   (1) Occupy or damage farmland water conservancy engineering facilities;
 
   (2) Activities such as blasting, well drilling, quarrying, and soil borrowing that endanger the safety of farmland water conservancy engineering facilities;
 
   (3) Stacking objects that obstruct water storage, water delivery, and drainage;
 
   (4) Construct buildings and structures that hinder water storage, water delivery, and drainage;
 
  (5) Discharge sewage, dump garbage and other wastes into ponds, dams and ditches.
 
   Article 24 No unit or individual may occupy agricultural irrigation water sources and farmland water conservancy engineering facilities without authorization.
 
New construction, reconstruction, or expansion of construction projects that really need to occupy agricultural irrigation water sources and farmland water conservancy project facilities shall consult with the unit, individual or the owner of the farmland water conservancy project that draws water, and report to the local people’s government at or above the county level with jurisdiction. The administrative department agrees.
 
The occupant shall construct a replacement project with equivalent benefits and functions of the occupied farmland water conservancy project; if it does not have the conditions for the construction of the replacement project, it shall pay the occupancy compensation fee according to the total investment in the construction of the replacement project; cause other losses such as increased operating costs , Should be compensated in accordance with the law. Compensation standards are formulated by provinces, autonomous regions, and municipalities directly under the Central Government.
 
Article 25. If farmland water conservancy project facilities cannot continue to be used because they have exceeded their designed service life, their irrigation and drainage functions have basically been lost or are severely destroyed, the project owner or management unit shall promptly dispose of them in accordance with relevant regulations, eliminate potential safety hazards, and take relevant information into account. Inform the water administrative department of the local people's government at or above the county level.
 
Chapter 5   Irrigation and Drainage Management
 
   Article 26 The water administrative department of the people's government at or above the county level shall strengthen the supervision and guidance of irrigation and drainage of farmland, and provide technical services well.
 
   Article 27 A system combining total control and quota management shall be implemented for irrigation water for farmland.
 
  The irrigation water quota for crops is formulated and announced in accordance with the authority and procedures stipulated in the "Water Law of the People's Republic of China".
 
  The water price for farmland irrigation shall be reasonably determined, and paid use and metered fees shall be implemented.
 
  Article 28 The management unit of the irrigation area shall, in accordance with the annual water withdrawal plan approved by the water administration department of the people's government at or above the county level with jurisdiction, formulate a water use plan and dispatch plan in the irrigation area, and sign a water use agreement with the water user.
 
   Article 29 Farmland irrigation water shall meet the corresponding water quality standards. The environmental protection department of the local people's government at or above the county level shall, together with the water administrative department and the agricultural department, strengthen the monitoring of the water quality of irrigation water for farmland.
 
  Article 30 The State encourages the adoption of advanced and applicable farmland drainage technologies and measures to promote the transformation of saline-alkali land and low- and medium-yield land; control and rational use of farmland drainage, reduce fertilizer loss, and prevent agricultural non-point source pollution.
 
   Article 31 The water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall organize and do a good job in the irrigation and drainage experiments of farmland in their administrative regions. Irrigation test stations should do a good job in farmland irrigation and drainage experiments, strengthen demonstration and promotion of scientific and technological achievements, and guide water users in scientific irrigation and drainage.
 
   Article 32 The State encourages the promotion and application of water-saving irrigation technologies such as sprinkler irrigation, micro-irrigation, pipeline water delivery irrigation, channel seepage prevention water delivery irrigation, and advanced agricultural machinery, agronomy, and biological technologies to improve irrigation water efficiency.
 
   Article 33 The main grain producing areas, areas with severe water shortages, fragile ecological environments, and over-extraction of groundwater shall give priority to the development of water-saving irrigation.
 
  The state encourages enterprises, rural collective economic organizations, farmer water cooperation organizations and other units and individuals to invest in the construction of water-saving irrigation facilities, and adopt financial subsidies to encourage the purchase of water-saving irrigation equipment.
 
   Article 34 When planning and constructing commercial grain, cotton, oil, vegetable and other agricultural production bases, full consideration shall be given to local water resources. In areas where water resources are scarce, the development of high-water-consuming crops is restricted; in areas where groundwater is over-exploited, the use of new groundwater for farmland irrigation is prohibited.
 
Chapter VI: Guarantee and Support
 
   Article 35 The construction of farmland water conservancy projects implements a combination of government investment and social power investment.
 
  People's governments at or above the county level should raise funds for farmland water conservancy projects through multiple channels to ensure investment in farmland water conservancy projects.
 
   Article 36 The people's government at the county level shall promptly announce the annual implementation plan, construction conditions, subsidy standards and other information for the construction of farmland water conservancy projects, and guide social forces to participate in the construction of farmland water conservancy projects.
 
   Local people's governments at or above the county level shall support social forces to carry out farmland water conservancy project management activities by providing farmland irrigation services, collecting water supply fees, etc., so as to ensure their legal operating income.
 
  The water administrative department of the local people's government at or above the county level shall provide guidance and technical support for social forces to participate in the construction and operation of farmland water conservancy projects.
 
   Article 37 The state shall guide financial institutions to introduce financial products and service methods that meet the characteristics of farmland water conservancy projects, and increase credit support for the construction of farmland water conservancy projects.
 
  The price of electricity used for farmland irrigation and drainage shall be implemented for agricultural production.
 
   Article 38 The people's government at the county level shall establish and improve the grassroots water conservancy service system, and include the public welfare business funds of the grassroots water conservancy service institutions into the government budget at the corresponding level. Grassroots water conservancy service organizations shall perform public welfare functions such as farmland water conservancy construction management and technology promotion.
 
  The state supports professional service organizations to carry out farmland irrigation and drainage, farmland water conservancy project facility maintenance and other public welfare work through the government's purchase of services.
 
   Article 39 The water administrative department of the people's government at or above the county level shall, in conjunction with the relevant departments of the people's government at the same level, formulate a new farmland water conservancy technology promotion catalog and training plan, and strengthen the training of grassroots water conservancy service personnel and farmers.
 
   Article 40 Units and individuals that have made outstanding achievements in farmland water conservancy work shall be commended in accordance with relevant national regulations.
 
Chapter 7  Legal Liability
 
Article 41 In violation of the provisions of these regulations, the water administrative department of the people's government at or above the county level and other relevant departments fail to perform the duties of farmland water conservancy management and supervision according to law, the responsible leaders and directly responsible persons shall be punished according to law; If the responsible leader and the directly responsible person constitute a crime, they shall be investigated for criminal responsibility in accordance with the law.
 
Article 42 In violation of the provisions of these Regulations, if the operation and maintenance unit of farmland water conservancy projects determined by the people's government at or above the county level fails to maintain, maintain and dispatch in accordance with the regulations, and does not implement the annual water intake plan, the water administration director of the local people's government at or above the county level The department shall order corrections; if a responsible accident or other major losses occur, the directly responsible person in charge and other directly responsible persons shall be punished according to law; if the directly responsible person in charge and other directly responsible persons constitute a crime, they shall be investigated for criminal responsibility according to law.
 
Article 43 Anyone who violates these regulations and commits one of the following acts shall be ordered by the water administrative department of the local people’s government at or above the county level to stop the illegal act, restore the original state within a time limit or take remedial measures; fail to restore the original state or take remedial measures within the time limit Compulsory enforcement according to law; if losses are caused, civil liability shall be borne according to law; if a violation of public security management is constituted, public security management penalties shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:
 
   (1) Stacking objects that hinder water storage, water delivery, and drainage of farmland water conservancy projects;
 
  (2) Construct buildings and structures that hinder the water storage, water delivery, and drainage of farmland water conservancy projects;
 
   (3) Unauthorized occupation of agricultural irrigation water sources and farmland water conservancy engineering facilities.
 
Article 44 Violation of the provisions of these Regulations by occupying or damaging farmland water conservancy engineering facilities, as well as blasting, well digging, quarrying, or soil taking that endanger the safety of farmland water conservancy engineering facilities, shall be in accordance with the "Water Law of the People's Republic of China" Provision for processing.
 
   In violation of the provisions of these regulations, discharge of sewage into ponds, dams, ditches, dumping of garbage and other wastes shall be handled in accordance with the relevant laws and administrative regulations on environmental protection.
 
Chapter Eight
 
   Article 45 These regulations shall come into force on July 1, 2016.

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