Regulation on the Administration of Water Supply of the South-to-North Water Diversion Project

Regulation on the Administration of Water Supply of the South-to-North Water Diversion Project Order of the State Council of the People's Republic of China (No. 647) The Regulation on the Administration of Water Supply of the South-to-North Water Diversion Project, as adopted at the 37th executive meeting of the State Council on January 22, 2014, is hereby issued and shall come into force on the date of issuance. Premier Li Keqiang February 16, 2014 Regulation on the Administration of Water Supply of the South-to-North Water Diversion Project Chapter I General Provisions Article 1 This Regulation is developed for purposes of strengthening the administration of water supply of the south-to-north water diversion project and maximizing the economic, social and ecological benefits of the south-to-north water diversion project. Article 2 This Regulation shall apply to the administration of water supply of the eastern route of the south-to-north water diversion project (hereinafter referred to as the “eastern route project”) and the middle route of the south-to-north water diversion project (hereinafter referred to as the “middle route project”). Article 3 The administration of water supply of the south-to-north water diversion project shall follow the principle of saving water before diverting, treating pollution before connecting, and protecting environment before using water, and adhere to whole process management, overall and comprehensive arrangements, clear powers and responsibilities, and strict protection, so as to ensure reasonable diversion, qualified water, water conservation, and safety facilities. Article 4 The water administrative department under the State Council shall be responsible for the determination of the volume of water diverted and the operation management of the south-to-north water diversion project. The competent department of environmental protection under the State Council shall be responsible for the water pollution prevention and control of the south-to-north water diversion project, and the other relevant departments under the State Council shall, within the scope of their respective duties, be responsible for the work on the water supply of the south-to-north water diversion project. Article 5 The local people's governments at or above the county level at the water sources, or in the areas along the water diversion routes, or within the reception basins of the south-to-north water diversion project shall be responsible for the work on the water supply of the south-to-north water diversion project within their respective administrative areas, and include the guarantee of water quality and the administration of water conservation for the south-to-north water diversion project into the national economy and social development plan. The State will give support to the adjustment of the industrial structure and the protection of the ecological environment at the water sources and in the areas along the water diversion routes of the south-to-north water diversion project, so as to ensure the safety of the water supply of the south-to-north water diversion project. Article 6 The management entity of the south-to-north water diversion project as determined by the State Council shall be responsible for the operation and protection of the south-to-north water diversion project. The entities determined by the provincial or municipal people's governments at the reception basins of the south-to-north water diversion project shall be responsible for the operation and protection of supporting projects for south-to-north water diversion within their respective administrative areas. Chapter II Determination of the Volume of Water Diverted Article 7 The determination of the volume of water diverted of the south-to-north water diversion project shall follow the principle of saving water first and using water moderately, making overall arrangements for water use at the water sources, within the reception basins and in the lower reaches of water diversion routes, and strengthening environmental protection. The volume of water to be diverted of the south-to-north water diversion project shall be based on the annual average volume of water diverted as approved by the State Council and the water allocation indicators of provinces and municipalities directly under the Central Government within the reception basins of the south-to-north water diversion project. Article 8 The determination of the volume of water diverted with respect to the eastern route project begins from October 1 of each year and ends on September 30 of the following year. The determination of the volume of water diverted with respect to the middle route project begins from November 1 of each year and ends on October 31 of the following year. Article 9 The Huaihe River Water Resource Commission shall, in consultation with the Yangtze River Water Resource Commission, make a proposal on the volume of the water to be diverted each year with respect to the eastern route project, and submit it to the water administrative department under the State Council before September 15 of each year, with the copies thereof sent to the relevant provincial people's governments and the management entity of the south-to-north water diversion project. The Yangtze River Water Resource Commission shall make a proposal on the volume of water to be diverted each year with respect to the middle route project, and submit it to the water administrative department under the State Council before October 15 of each year, with the copies thereof sent to the people's governments of the relevant provinces and municipalities directly under the Central Government (hereinafter “provincial or municipal people's governments”) and the management entity of the south-to-north water diversion project. Article 10 The water administrative departments under the provincial or municipal people's governments within the reception basins of the south-to-north water diversion project shall make a proposal on the annual plan for water use according to the volume of water to be diverted each year. Those falling within the reception basins of the eastern route project and those falling within the reception basins of the middle route project shall, respectively before September 20 and October 20 of each year, submit their proposals to the water administrative department under the State Council, and send the copies thereof to the relevant river basin management institutions and the management entity of the south-to-north water diversion project. A proposal on the annual plan for water use shall include a proposal on the annual volume of water to be diverted and a proposal on the monthly volume of water to be diverted. Article 11 The water administrative department under the State Council shall comprehensively balance the annual volume of water to be diverted and the proposals on the annual plan for water use as made by the provincial or municipal people's governments within the reception basins of the south-to-north water diversion project. It shall, according to the proportion of the water allocation indicators of provinces or municipalities directly under the Central Government within the reception basins as approved by the State Council, work out an annual plan on the volume of water to be diverted for the south-to-north water diversion project, and after soliciting opinions from the relevant departments of the State Council, issue the plan to the relevant provincial or municipal people's governments and the management entity of the south-to-north water diversion project before the diversion of water begins each year. Article 12 When working out a monthly water volume diversion scheme according to the annual plan on the volume of water to be diverted, if navigation of ships is involved, the management entity of the south-to-north water diversion project shall negotiate with the competent department of transport, and if they fail to reach a consensus upon negotiations, the plan shall be decided by the people's governments at or above the county level; and where a monthly water volume diversion scheme fails to be implemented in case of major changes to rainfall or water level, it shall make adjustments in a timely manner and report to the water administrative department under the State Council. Article 13 The south-to-north water diversion project shall supply water at a two-part water price consisting of basic water price and metering water price, and the specific water price shall be determined by the price department under the State Council jointly with the relevant departments under the State Council. Water charges shall be paid in a timely manner and in full amount, and such payment shall be used particularly for the operation and maintenance of the south-to-north water diversion project and the repayment of loans. Article 14 The departments or entities as authorized by the provincial or municipal people's governments within the reception basins of the south-to-north water diversion project shall sign a water supply contract with the management entity of the south-to-north water diversion project. A water supply contract shall include the annual volume of water to be supplied, the quality of water supplied, water intersections, method of water delivery, water price, time and method of payment of water charges, and liabilities for breach of the contract. Article 15 Where, during the diversion of water, the water demand of the provinces or municipalities directly under the Central Government within the reception basins of the south-to-north water diversion project has significantly changed and thus the volume of water allocated in the annual plan on the volume of water to be diverted needs to be transferred, the departments or entities as authorized by the relevant provincial or municipal people's governments shall sign a transfer agreement and determine the transfer price through negotiations, and submit the transfer agreement to the water administrative department under the State Council, with the copy thereof sent to the management entity of the south-to-north water diversion project; and the water administrative department under the State Council and the management entity of the south-to-north water diversion project shall accordingly adjust the annual plan on the volume of water to be diverted and the monthly water volume diversion scheme. Article 16 The water administrative department under the State Council shall, in conjunction with the relevant departments under the State Council, the relevant provincial or municipal people's governments, and the management entity of the south-to-north water diversion project, prepare an emergency plan for the volume of water to be diverted from the south-to-north water diversion project, and submit it to the State Council for approval. The relevant departments under the provincial or municipal people's governments at the water resources or within the reception basins of the south-to-north water diversion project, the relevant river basin management institutions, and the management entity of the south-to-north water diversion project shall, in accordance with the emergency plan for the volume of water to be diverted from the south-to-north water diversion project, prepare appropriate emergency plans. Article 17 The emergency plan for the volume of water to be diverted from the south-to-north water diversion project shall specify an organization and command system for emergency management and the duties thereof, a prevention and warning mechanism, disposal procedures, emergency safeguard measures, and ex-post rehabilitation and reconstruction measures, particularly for major floods, droughts, ecological damage accidents, water pollution accidents, construction accidents and other emergencies. Once the State Council or any department as authorized by the State Council announces the launch of the emergency plan for the volume of water to be diverted from the south-to-north water diversion project, the following emergency response measures may be taken according to the law: (1) Temporarily imposing restrictions on water taking, water use, and water drainage. (2) Regulating the water projects for relevant rivers in a unif......