Regulation on Groundwater Management

Regulation on Groundwater Management 地下水管理条例 Order of the State Council of the People's Republic of China (No. 748) The Regulation on Groundwater Management, as adopted at the 149th executive meeting of the State Council on September 15, 2021, is hereby issued, and shall come into force on December 1, 2021. Premier: Li Keqiang October 21, 2021 Regulation on Groundwater Management Chapter I General Provisions Article 1 For the purposes of strengthening groundwater management, preventing and controlling groundwater overexploitation and pollution, guaranteeing the quality and sustainable utilization of groundwater, and promoting the construction of ecological civilization, this Regulation is developed in accordance with the Water Law of the People's Republic of China, the Water Pollution Prevention and Control Law of the People's Republic of China, and other applicable laws. Article 2 This Regulation shall apply to groundwater survey and planning, conservation and protection, overexploitation treatment, pollution prevention and control, supervision and administration, and other activities. For the purposes of this Regulation, “groundwater” means the water below the surface of earth. Article 3 Groundwater management shall adhere to the principles of overall planning, giving priority to water conservation, efficient utilization, and systematic treatment. Article 4 The water administrative department of the State Council shall be responsible for the unified supervision and administration of groundwater work nationwide. The department of ecology and environment of the State Council shall be responsible for the supervision and administration of groundwater pollution prevention and control nationwide. The natural resources and other competent departments of the State Council shall effectively carry out groundwater survey, monitoring and other relevant work according to the division of duties. Article 5 The local people's government at or above the county level shall be responsible for groundwater management within its administrative region, include groundwater management in the national economic and social development plan at the same level, and take such measures as exploitation control and pollution prevention and control to maintain the reasonable groundwater level and protect groundwater quality. The water administrative department of the local people's government at or above the county level shall, according to its administrative power, be responsible for the unified supervision and administration of groundwater within its administrative region. The department of ecology and environment of the local people's government shall be responsible for the supervision and administration of groundwater pollution prevention and control within its administrative region. The natural resources and other competent departments of the local people's government at or above the county level shall, according to the division of duties, effectively conduct the relevant work such as groundwater survey and monitoring within its administrative region. Article 6 The entities and individuals using groundwater shall strengthen the management of groundwater withdrawal projects, save and protect groundwater, and prevent groundwater pollution. Article 7 The State Council shall implement a target-oriented responsibility system and an examination and evaluation system for groundwater management and protection in provinces, autonomous regions and municipalities directly under the Central Government. The relevant departments of the State Council shall be responsible for the specific organization and implementation of the assessment and evaluation work according to the division of duties. Article 8 All entities and individuals have the right to supervise and report the acts damaging groundwater. The entities and individuals that have made prominent contributions to groundwater conservation, protection and management shall be commended and rewarded in accordance with the relevant provisions of the state. Article 9 The state shall strengthen the publicity and education on groundwater conservation and protection, and encourage and support the research, popularization, and application of advanced science and technology relating to groundwater. Chapter II Survey and Planning Article 10 The state shall organize the survey and evaluation of groundwater conditions on a periodical basis. The survey and evaluation of groundwater conditions include the survey and evaluation of groundwater resources, groundwater pollution investigation and evaluation, hydrogeological survey and evaluation, and other contents. Article 11 The people's government at or above the county level shall organize the water administrative, natural resources, ecology and environment, and other competent departments to carry out the survey and evaluation of groundwater conditions. The survey and evaluation results are the important basis for making plans for groundwater protection and utilization and pollution prevention and control, among others, and groundwater management. The survey and evaluation results shall be released to the public in accordance with the law. Article 12 The water administrative, natural resources, ecology and environment, and other competent departments of the people's government at or above the county level shall, based on the results of the survey and evaluation of groundwater conditions and by taking into comprehensive consideration such factors as the needs of economic and social development, groundwater resource conditions, and pollution prevention and control, make the plans for groundwater protection and utilization and pollution prevention and control, among others, at the same level, and release them to the public after performing such procedures as soliciting opinions, and demonstration and assessment in accordance with the law. The plans for groundwater protection and utilization as well as pollution prevention and control, among others, shall be the primary basis for groundwater conservation, protection, utilization, restoration and treatment. The plans for groundwater protection and utilization and pollution prevention and control, among others, shall comply with the comprehensive plans for water resources and plans for environmental protection. Article 13 The formulation of the national economic and social development plan, the national land and space plan and other relevant plans, and the layout of major construction projects, shall be compatible with the conditions of groundwater resources and the requirements for groundwater protection, and be subject to scientific demonstration. Article 14 In the formulation of special plans for industry, agriculture, municipal administration, energy, and mineral resources development, among others, the contents involving groundwater shall be connected with the plans for groundwater protection and utilization as well as pollution prevention and control, among others. Article 15 The state shall establish the groundwater reserve system. The water administrative department of the State Council shall, in conjunction with the natural resources, development and reform, and other competent departments of the State Council, direct, coordinate, supervise and inspect the groundwater reserve work. The water administrative department of the local people's government at or above the county level shall, in conjunction with the natural resources, development and reform, and other competent departments of the people's government at the same level, make advance plans for the use of groundwater reserves according to the groundwater conditions, climatic conditions and water resource reserve needs within its administrative region, and submit the plans to the people's government at the same level for approval. Groundwater reserves shall not be used except in special drought years and major emergencies. Chapter III Conservation and Protection Article 16 The state shall implement a system of total groundwater withdrawal control. The water administrative department of the State Council shall, in conjunction with the department of natural resources of the State Council, and according to the allowable exploitation of groundwater and the conditions of surface water resources of all provinces, autonomous regions and municipalities directly under the Central Government, determine and assign the total groundwater withdrawal control indicators for all provinces, autonomous regions and municipalities directly under the Central Government. Article 17 The water administrative department of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall, in conjunction with the relevant departments of the people's government at the same level and according to the total groundwater withdrawal control indicators assigned by the state, determine the total groundwater withdrawal control indicators and groundwater level control indicators of the administrative areas at or above the county level within its administrative region, assign such indicators for implementation upon the approval of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and file a report with the water administrative department of the State Council or the watershed administrative authority authorized by it for recordation. Article 18 The water administrative department of the people's government of a province, an autonomous region or a municipality directly under the Central Government shall determine the total groundwater withdrawal control indicators and groundwater level control indicators for its administrative region through consultation with the water administrative department of the people's government of the neighboring province, autonomous region or municipality directly under the Central Government if the provincial boundary area is involved and groundwater falls within the same hydrogeological unit. If consultation fails, the indicators shall be determined by the water administrative department of the State Council in conjunction with the relevant departments of the State Council. Article 19 The local people's government at or above the county level shall reasonably determine the layout of groundwater withdrawal projects within its administrative region according to the total groundwater withdrawal control indicators and groundwater level control indicators and the relevant technical standards of the state. Article 20 The water administrative department of the local people's government at or above the county level shall make the annual groundwater withdrawal plan according to the total groundwater withdrawal control indicators and groundwater level control indicators, as well as the groundwater demand and water use structure measured based on scientific analysis within its administrative region, so as to control the total annual groundwater withdrawal within its administrative region, and submit the plan to the water administrative department of the people's government at the next higher level for recordation. Article 21 Entities and individuals drawing groundwater for use shall comply with the requirements for total water withdrawal control and quota management, use advanced water-saving technologies, processes and equipment, take such measures as the cycling use of water, comprehensive utilization and wastewater treatment and reuse, conduct technical transformation, and reduce water consumption. The production, sale, import or use of the following techniques, equipment and products shall be ceased within a prescribed time limit: (1) Being listed in the catalogue of eliminated backward techniques, equipment and high water consumption products. (2) Being listed in the catalogue of techniques which seriously pollute the water environment and are prohibited from use within a prescribed time limit or the catalogue of equipment which seriously pollutes the water environment and is prohibited from being produced, sold, imported and used within a prescribed time limit. Article 22 Measuring facilities shall be installed on a newly constructed, reconstructed or expanded groundwater withdrawal project. The measuring facilities of an existing groundwater withdrawal project shall be installed within the time limit prescribed by the water administrative department of the local people's government at or above the county level. An entity or individual that draws groundwater exceeding the water withdrawal scale shall install online measuring facilities for groundwater withdrawal and transmit the measurement data in real time to the water administrative department with the administrative power. The water withdrawal scale shall be determined and issued by the water administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government and be reported to the water administrative department of the State Council for recordation. Article 23 In an area where groundwater is the irrigation water source, the local people's government at or above the county level shall, by taking such measures as guaranteeing the construction input, increasing credit support to enterprises, and establishing and improving the basic water conservancy service system, encourage the development of water-saving agriculture, promote the application of water-saving irrigation techniques such as sprinkling irrigation, micro-irrigation, pipe-irrigation, and anti-seepage irrigation, as well as advanced agricultural machinery, agronomy and biotechnology, among others, so as to enhance the efficiency of agricultural water use and save the agricultural use of water. Article 24 The State Council shall, as required for national economic and social development, levy the water resource tax on the entities and individuals drawing groundwater for use on a pilot basis. Differentiated tax rates shall be applied to the water resource tax for groundwater according to the conditions of local groundwater resources, types of water drawn for use, economic development, and other circumstances, and the collection standards shall be raised in a rational manner. If water resource tax is levied, the collection of water resource fee shall be ceased. In the provinces, autonomous regions and municipalities directly under the Central Government where the water resource tax has not been levied on a pilot basis, for the same type of water withdrawal, the water resource fee rate for groundwater shall be higher than that for surface water, and the water resource fee rate in a groundwater overexploitation area shall be higher than that in an area where groundwater is not overexploited. The water resource fee rate in an area where groundwater is......