Hydrology Regulation of the People's Republic of China (2017 Revision)

Hydrology Regulation of the People's Republic of China (2017 Revision) Hydrology Regulation of the People's Republic of China (Promulgated by Order No. 496 of the State Council of the People's Republic of China on April 25, 2007; revised for the first time in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on July 8, 2013; and revised for the second time in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016;and revised for the third time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017) Chapter I General Provisions Article 1 For the purposes of intensifying the administration of hydrology, regulating the hydrologic work, serving the development, utilization, saving and protection of water resources, as well as the prevention and mitigation of disasters, and promoting the sustainable development of the economy and society, this Regulation is formulated pursuant to the Water Law of the People's Republic of China and the Flood Prevention Law of the People's Republic of China . Article 2 This Regulation shall be observed during the engagement in planning and building the network of hydrologic stations, hydrologic monitoring and forecasts, investing and evaluating the water resources, gathering, submitting, preserving and using hydrologic monitoring materials, and protecting the hydrologic facilities and hydrologic monitoring environment. Article 3 The hydrology cause is a public welfare infrastructure cause serving the national economy and social development. The people's governments at the county level and above shall integrate the hydrology cause into their respective plan on national economy and social development and include the essential operating funds into their respective fiscal budget so as to ensure that the hydrologic monitoring task can be carried out smoothly, and give full play to the role of the hydrologic work in the government decision-making, economic and social development and services rendered to the general public in hardship areas. The people's governments at the county level and above shall pay attention to and support the construction and running of the hydrologic infrastructure in ethical minority areas, remote and poverty-stricken areas. Article 4 The water administrative department of the State Council shall administer the hydrologic work throughout the country. Its directly subordinate hydrologic institutions shall be responsible for organizing and carrying out the administrative work. The water administrative department of the State Council shall organize the drainage area administrative institutions set up by the state for crucial rivers and lakes to administer the hydrologic work within their respective jurisdiction under the laws, this Regulation, and the powers as prescribed by the water administrative department of the State Council. The water administrative department of the people's governments of a province, autonomous region, or municipality directly under the Central Government shall administer the hydrologic work within its administrative area, its directly subordinate hydrologic institutions shall accept the guidance of the superior administrative departments and shall organize and carry out the administrative work under the leadership of the local people's governments. Article 5 The state shall encourage and support the research, popularization and application of scientific technologies in hydrology, protecting the scientific achievements in hydrology, foster talents of science and technology in hydrology and strengthen the international cooperation and exchange in respect of hydrology. Article 6 The people's governments at the county level or above shall, under the relevant provisions of the state, commend and award the entities and individuals who have made outstanding achievements in the hydrologic work. Article 7 Any foreign organization or individual who intends to carry out hydrologic activities within the territory of the People's Republic of China shall be subject to the approval of the water administrative department of the State Council and other relevant departments and shall observe the laws and regulations of the People's Republic of China. If it (he) intends to carry out hydrologic activities on any river across the boundary of the People's Republic of China and that of a neighboring country, it shall follow the treaties or conventions reached between the People's Republic of China and the said country. Chapter II Planning and Construction Article 8 The water administrative department of the State Council shall be responsible for working out a plan on the development of national hydrologic cause and shall report it to the State Council or its authorized department for approval and implementation after it consults the opinions of the relevant department of the State Council. A drainage area administrative department shall, under the plan on the development of national hydrologic cause, work out a plan on the development of the hydrologic cause of the drainage area and report it to the water administrative department of the State Council for approval and implementation. The water administrative department of a province, autonomous region, or municipality directly under the Central Government shall work out a plan on the development of the hydrologic cause for its own administrative area on the basis of the plan on the development of national hydrologic cause and the plan on the development of drainage hydrologic cause, report it to the people's government at the same level for approval and implementation and submit it to the water administrative department of the State Council for archival purposes. Article 9 A plan on the development of the hydrologic cause is the basis for carrying out the hydrologic work. Any revision made to it shall be subject to the approval of the original approval organ under the procedures for working out plans. Article 10 A plan on the development of hydrologic cause mainly includes the goal of the development of the hydrologic cause, the construction of the network of hydrologic stations, construction of facilities for hydrologic monitoring and information forecast, construction of hydrologic information network and operating system, as well as guarantee measures. Article 11 The state shall plan the network of the construction of hydrologic stations in a centralized manner. The construction of network of hydrologic stations shall stick to the principles of combining drainage areas with administrative areas, submitting administrative areas to drainage areas, preventing repetition work and simultaneously taking into consideration the needs both at the present time and in the future. Article 12 The construction of the network of hydrologic stations shall, under the plan on development of the hydrologic cause, be organized and carried out pursuant to the procedure for the construction of the state's fixed asset investment projects. The operating funds for the construction and management of the network of hydrologic stations providing services for the infrastructure projects of the state, such as water conservancy and hydrologic power projects, and shall be integrated into the project construction budget and the operating funds, respectively,. The expression “network of hydrologic stations” as mentioned in this Regulation refers to the hydrologic monitoring data collection system, composed of a proper number of hydrometric stations within the drainage areas or administrative areas. Article 13 The state shall administer the hydrometric stations on a classified and graded basis. The hydrometric stations are classified into national basic hydrometric stations and special hydrometric stations. The national basic hydrometric stations are classified into national important hydrometric stations and ordinary hydrometric stations. Articl......