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Measures of Beijing Municipality for the Implementation of the Water Law of the People's Republic of China

(Adopted at the 12th Meeting of the Standing Committee of the Twelfth People's Congress of Beijing Municipality on May 27th, 2004)

Contents

Chapter I General Provisions
Chapter II Planning of Water Resources
Chapter III Development and Utilization of Water Resources
Chapter IV Protection of Water Resources and Water Areas
Chapter V Allocation of Water Resources
Chapter VI Water Saving
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 These measures are formulated to implement the Water Law of the People's Republic of China (hereinafter referred to as "Water Law") in combination with the actual circumstances of this Municipality.

Article 2 Whichever develops, utilizes, economizes, protects and manages water resources within the administrative regions of the Municipality must abide by the Water Law and these measures.

Article 3 In order to economize water resources and promote the capital's development, the overall municipal planning, national economy and social development shall be accommodated to the conditions of water resources so as to realize the harmonious and sustainable development of economy, society, population, resources and environment.

Article 4 The Municipality shall strictly protect the water resources and implement comprehensive planning and unified management in urban and rural areas, unified deployment of surface water, groundwater and reclaimed water to optimize the allocation of water resources. The Municipality shall pay equal attention to tapping new resources, economizing and protecting water resources, and require strict economy in the use of water in order to build a water saving society.

Article 5 People's governments at various levels shall incorporate the development, utilization, economy, protection and management of water resources into the planning of national economic and social development, increase capital investment and build up a long-term and stable investment mechanism.

Article 6 The administrative department in charge of water resources of the Municipal People's Government (hereinafter referred to as the Municipal Administrative Department in charge of Water Resources) shall be in charge of the unified administration and supervision of water resources in the Municipality.

The administrative department in charge of water resources of district or county people's government (hereinafter referred to as the District or County Administrative Department in charge of Water Resources) shall be in charge of the unified administration and supervision of water resources within the administrative regions in accordance with the assigned authority.

The relevant departments of people's governments at municipal and district or county levels shall, in accordance with the respective responsibilities, be in charge of the development, utilization, economy and protection of water resources in the corresponding administrative regions.

Article 7 The fundamental effect of market on the deployment of water resources and water rate shall be brought into full play to promote water saving and improve the utilization efficiency of water resources.

Article 8 The research, popularization and application of advanced technology of developing, utilizing, economizing, protecting, and managing water resources shall be encouraged and supported.

Any unit or individual who makes remarkable achievements in developing, utilizing, economizing, protecting, and managing water resources shall be awarded by the people's governments at municipal and district or county levels.

Chapter II Planning of Water Resources

Article 9 The Municipal Administrative Department in charge of Water Resources shall work together with relevant departments and people's governments at district or county level to make comprehensive plans of the Municipality in accordance with the national comprehensive plans for the basins. These plans shall be submitted to the Municipal People's Government or the authorized departments for approval and to the administrative department of water resources under the State Council for record.

The District or County Administrative Department in charge of Water Resources shall work out the regional comprehensive plans together with relevant departments in accordance with comprehensive plans of the Municipality. These plans shall be submitted to the people's government at the same level or the authorized department for approval and to the Municipal Administrative Department in charge of Water Resources for record.

The Municipal Administrative Department in charge of Water Resources shall examine the recorded regional comprehensive plans of the district or county. Any plan not in accordance with the municipal comprehensive plans shall be reported to the Municipal People's Government to make corrections.
Article 10 Special plans concerning water resources protection, water supply, drainage, water saving, sewage treatment, reclaimed water and rainwater utilization, irrigation, etc., shall be made by Municipal and District or County Administrative Departments in charge of Water Resources. After suggestions are sought from relevant departments, these plans shall be submitted to the people's government at the same level for approval.

Relevant competent departments shall work out other special plans concerning fishery, sand protection and control, etc. and submit them to the people's government at the same level for approval after seeking suggestions from administrative departments in charge of water resources and other relevant departments.
Article 11 Approved plans shall be disclosed to the general public.

The development, utilization, economy and protection of water resources, construction of towns and economic development zones as well as other major construction projects must conform to comprehensive plans of basins and regional comprehensive plans.

Article 12 The construction of water projects must conform to comprehensive plans of river basins.

When building up water projects over rivers covering different provinces or cities as Yongding River, Chaobai River, North Canal (including Wenyu River) and Juma River, etc., the feasibility study report of the project shall be subject to examination of Municipal Administrative Department in charge of Water Resources, and submitted to Haihe River Basin Administrative Office for examination and comments before reporting for approval, unless otherwise specified by Haihe River Basin Administrative Office. When building up water projects over rivers covering different districts or counties, the feasibility study report of the project shall be submitted to the Municipal Administrative Department in charge of Water Resources for examination and comments before reporting for approval. When building up water projects over other rivers, the feasibility study report of the project shall be submitted to the District or County Administrative Department in charge of Water Resources for examination and comments before reporting for approval.

Chapter III Development and Utilization of Water Resources

Article 13 The Municipality shall make rational development and utilization of surface water and groundwater, make full use of rainwater and reclaimed water, give priority to domestic water for urban and rural inhabitants and give overall consideration to the water use in ecological environment, industry and agriculture.

Article 14 People's governments at municipal and district or county levels shall take effective measures to restrict the projects of industry, agriculture and service industry that consume a great amount of water. The Municipal People's Government shall disclose the list of restricted projects.

Article 15 The exploitation of groundwater shall be controlled rigidly.

The exploitation and utilization of groundwater shall abide by the principles of controlling the total amount, drawing water from different layers and balancing the water drawing and filling to prevent overdrawing and such geologic disasters as land subsidence.

Article 16 The Municipal Administrative Department in charge of Water Resources shall work together with relevant departments to evaluate groundwater areas periodically in accordance with region or natural geologic units and divide the areas into severely overdrawn area, overdrawn area and non-overdrawn area, then report to the Municipal People's Government for approval and disclose to the general public.

Article 17 The excavation of motor-pumped wells shall be reported to the administrative department in charge of water resources for approval.
Upon the completion of the excavation of motor-pumped wells, the units who utilize the wells shall submit relevant technical materials of the project to the administrative department of water resources for record.

Article 18 The excavation of motor-pumped wells shall be prohibited in the following areas:

(1) areas that groundwater has been overdrawn severely;
(2) areas covered by centralized water supply network.

Article 19 The excavation of motor-pumped wells shall be strictly controlled in the following areas:

(1) areas that groundwater has been overdrawn;
(2) protective areas of water source other than the core areas of water plants;
(3) protective areas of water projects;
(4) scenic spots and protective areas of cultural relics.

Article 20 The exploitation of base rock water shall be strictly controlled. When the exploitation of base rock water is necessary, the project shall be reported to the Municipal Administrative Department in charge of Water Resources for approval and shall be limited for the amount of exploitation.

Article 21 The exploitation of mineral water and geothermal water shall implement franchise management. The exploitation of mineral water and geothermal water shall be restricted for the amount in accordance with laws and regulations.

Article 22 Units and individuals shall be encouraged and supported to adopt such measures as collecting rainwater, influent seepage and storage to develop and utilize rainwater.

New construction projects, reconstruction or expansion projects shall meet the design standards and criteria of facilities used for collecting and utilizing rainwater.

Article 23 When laying out the urban area, township area of the satellite city, district or county in a suburb where the corresponding people's government is located, centralized sewage treatment facilities and distribution pipelines of reclaimed water shall be planned and constructed.

For new construction projects, reconstruction or expansion projects beyond the coverage of distribution pipelines of reclaimed water where there are greater amount of reclaimable water, utilization facilities of reclaimed water shall be built. Their design, construction and operation shall be synchronized with the project. The Municipal People's Government shall formulate specific rules.

Article 24 The investment in constructing centralized sewage treatment facilities, distribution pipes and utilization facilities of reclaimed water shall be encouraged.
Units and individuals who invest in the construction of centralized sewage treatment facilities and distribution pipelines of reclaimed water shall enjoy relevant preferential policies.

Article 25 Utilization facilities of reclaimed water shall be built as stipulated in the Second Paragraph of Article 23 of these Measures. The user shall strengthen maintenance and management to ensure the normal use. Any breakdown, which may arise, shall be solved timely. Where it is necessary to stop the operation, a report shall be submitted to the administrative department in charge of water resources timely.

Article 26 The utilization of reclaimed water shall be encouraged. Those who utilize reclaimed water shall enjoy preferential price.

Article 27 The Municipality shall strengthen the scientific research and technical application of artificial influence on weather and employ scientific technologies to increase the amount of water resources by exerting influence on partial atmosphere.

Chapter IV Protection of Water Resources and Water Areas

Article 28 People's governments at various levels shall take effective measures to protect vegetation and wetland, build ecological forest, prevent and treat soil erosion and water pollution, as well as conserve and protect water resources.

Article 29 Water bodies of rivers, lakes, reservoirs and canals shall be managed in terms of category.

The zoning program of rivers, lakes, reservoirs and canals covering different provinces or cities in terms of water functions shall be executed in accordance with national regulations. Together with the municipal administrative department in charge of environment protection and other relevant departments as well as relevant district or county people's governments, the Municipal Administrative Department in charge of Water Resources shall work out zoning program of municipal reservoirs and rivers, lakes, reservoirs and canals covering different districts or counties in terms of water functions, submit it to the Municipal People's Government for approval and the administrative department in charge of water resources and the administrative department in charge of environment protection under the State Council for record.

Together with the administrative department in charge of environment protection at the same level and other relevant departments as well as relevant district or county people's governments, the District or County Administrative Department in charge of Water Resources shall work out the zoning program in terms of water functions of other rivers, lakes, reservoirs and canals other than those stipulated in the preceding paragraph and submit it to the district or county people's government for approval and the Municipal Administrative Department in charge of Water Resources and the municipal administrative department in charge of environment protection for record.

Article 30 People's governments at various levels shall take effective measures to improve the protection and management of Miyun Reservoir, Huairou Reservoir, Guanting Reservoir and their upper reaches, Beijing-Miyun Diversion Canal and other drinking water sources to ensure the safety of drinking water.

Article 31 Sewage outlet is prohibited from being set up in the protective area of drinking water sources.
Draining to verified water courses of the Municipality for landscape sightseeing and drainage, the water quality must meet the national discharge standards.

Article 32 The Administrative Department in charge of Water Resources shall check and ratify the sewage holding capacity of water areas in accordance with water quality required by water functional areas and natural purification capacity of water bodies, present comments on limiting the total sewage discharge within the water areas to the administrative department in charge of environment protection at the same level.

Article 33 The Administrative Department in charge of Water Resources shall do a good job in monitoring the amount and quality of rivers, lakes, reservoirs and canals and, in case the total amount of major pollutants exceed the indices or the water quality in water functional areas fail to meet the standards of the utilization function, shall report to the people's government timely to take effective measures for governance and inform the administrative department in charge of environment protection at the same level.

The monitoring result of water amount and quality shall be disclosed to the general public in accordance with relevant regulations.

Article 34 People's governments at various levels shall, in accordance with the overall planning of Beijing Municipality, construct municipal infrastructure, perfect drainage and sewage treatment facilities and realize the separation of rainwater and sewage.

Article 35 New construction, reconstruction or expansion of sewage outlet in rivers or lakes shall get approval both from the administrative department in charge of water resources with the proper authority or the authorized agency of water projects. The administrative department in charge of environment protection shall be responsible for examining and approving the report of the impact of the construction project on environment.

Units that discharge pollutants shall block up the original sewage outlet that has stopped discharging pollutants within a prescribed time limit.

Chapter V Allocation of Water Resources

Article 36 The municipal administrative department in charge of development and reform and the Municipal Administrative Department in charge of Water Resources shall be responsible for the macroscopic allocation of water resources in the Municipality.

The administrative department in charge of water resources shall work out the medium and long term plans of water supply and demand of the Municipality and district or county in accordance with the Water Law.

Article 37 The administrative department in charge of water resources shall work out the annual plans for water allocation and deployment as well as preliminary plan in case of shortage of water resources and execute it after approved by the people's government at the same level.

Article 38 In accordance with water consumption quota, economic and technical conditions as well as the water amount available for this administrative region determined by the water allocation plan, the municipal administrative department in charge of development and reform and the Municipal Administrative Department in charge of Water Resources shall work together to work out annual plan of water consumption in order to take control over the total annual amount of water consumption in the Municipality.

Article 39 The District or County Department in charge of Water Resources shall check and ratify the annual indices of water consumption for users in the corresponding administrative region in accordance with the annual plan of water consumption and quota of water consumption in relevant industries.

The Municipal Administrative Department in charge of Water Resources shall be responsible for checking and ratifying the annual quota of water consumption by units which consume exceptionally large amount of water and have special needs for water.

Article 40 Unless otherwise stipulated in laws or administrative regulations, any unit or individual who draws water resources directly from rivers, lakes or underground shall apply for obtaining the license of water drawing, pay for the water resources and obtain the right to draw water.

Any construction unit of a new construction project, expansion or reconstruction project shall conduct water resource demonstration before applying for the license of water drawing.

Article 41 Water amount drawn shall be measured and fees of water resources shall be paid based on the drawn amount.

Any user that draws surface water or groundwater directly shall, in the water-drawing end, install meter facilities accepted by the administrative department in charge of quality supervision and inspection. Where no meter facilities are installed, the administrative department in charge of water resources shall order the user to install within a prescribed time limit and start measuring the water amount in accordance with the planned capacity of water drawing or the rated flow of drawing facilities for a whole period of time from the date of water drawing.

Article 42 Fees of water resources shall be collected by the administrative department in charge of water resources and turned in to the public finance for the development, utilization, economy, protection of water resources and for the research on relevant science and technologies.

Chapter VI Water Saving

Article 43 People's governments at various levels shall set up and perfect the responsibility system of water saving, carry on publicity and education of water saving, popularize water saving measures, spread new technologies and processes to save water, foster and develop water saving industry, and develop water saving industry, agriculture and service industry.

Article 44 The administrative department in charge of water resources shall be responsible for management of water saving in the administrative region. For any district without an administrative department in charge of water resources, a special agency shall take the responsibility for the management of water saving in the corresponding administrative region.
Relevant departments of the people's government of the Municipality and district or county shall do a good job in water saving in their departments and industries.

People's governments of townships or towns and residents' committee shall do a good job in water saving within their jurisdiction.

Article 45 All units and individuals have the obligation to save water.

Units shall strength the management of water use, set up and perfect responsibility system of water saving; improve the publicity of water saving in the units; carry out water saving measures and apply processes, facilities and apparatus that satisfy the requirements for water saving.

Residents shall reinforce their awareness of saving water and use water saving apparatus to improve the water utilization efficiency.

Article 46 For water consumption, a system that combines the control for a total amount with the quota management shall be adopted.

Relevant departments of the Municipal People's Government shall determine the water quota for the corresponding industries and submit it to the Municipal Administrative Department in charge of Water Resources and the municipal administrative department in charge of quality supervision and inspection for approval. After approval, it shall be disclosed by the Municipal People's Government.

Article 47 For a new construction project, reconstruction or expansion project, plans of water saving measures shall be worked out and water saving facilities shall be built. Water saving facilities shall be designed, constructed and put into operation with the major construction simultaneously.

The administrative department in charge of development and reform and the administrative department in charge of planning shall seek suggestions from the administrative department in charge of water resources at the same level concerning plans of water saving facilities when examining the proposal or feasibility study report and design plan of the project. Upon the completion of water saving facilities, the construction unit shall submit to the administrative department in charge of water resources for acceptance inspection. In case of disqualification, the project shall not be put into operation; the administrative department in charge of water resources shall not check and ratify the water quota and water supply unit shall not supply water to the project.

Article 48 Where water facilities, equipment and apparatus of completed construction projects fail to reach the standards of water saving, technical renovation shall be conducted.

Article 49 People's governments at various levels shall guide agricultural producers to make rational adjustment to the crop planting structure and adopt advanced water saving techniques and irrigation modes to improve the efficiency of agricultural water.

Article 50 For water with industrial use, water saving measures shall be adopted to improve the water-recycling rate and lower the water consumption. Where water consumption for production exceeds the assigned quota, no additional quota shall be granted.

Article 51 Units in service industry shall make and carry out water saving measures, and in case of larger amount of water consumption, shall install and use recycling facilities in accordance with regulations.

Car washing enterprises within the coverage of distribution pipelines of reclaimed water shall utilize reclaimed water.

Article 52 For water used for greening of gardens or environmental sanitation, water saving techniques shall be adopted, reclaimed water fully used, and rainwater collected and utilized.

Article 53 Water supply enterprises and units with self-built water supply facilities shall reinforce the inspection, repair and maintenance of water supply facilities to lower the leakage rate of pipe network. Where water supply facilities break down, relevant units shall take immediate repair.

Article 54 For temporary use of water for project construction, greening or environmental sanitation, etc., an application for temporary quota of water use shall be submitted to the administrative department in charge of water resources. Where the abovementioned projects are within the coverage of distribution pipelines of reclaimed water, reclaimed water shall be utilized.

Article 55 The water consumption shall be measured. Fixed charging system shall not be applied.

The water consumption shall be charged in terms of different grades and the progressive payment system shall be applied for over quota consumption.

Chapter VII Legal Liability

Article 56 Where an administrative department in charge of water resources or other relevant departments and a management unit of water project and the staff commit any of the following acts and constitute a crime, the responsible person in charge and other responsible persons shall be investigated for criminal liability according to law; where no crime is constituted, administrative sanctions shall be given.

(1) approving and issuing license to units or individuals who fail to satisfy the statutory requirements;
(2) failing to allocate water in accordance with allocation plans or disobeying the unified water allocation;
(3) failing to collect water resource fees in accordance with relevant regulations of the state;
(4) abusing his power by failing to check and ratify water quota in accordance with regulations;
(5) failing to fulfill his supervision duty or failing to make the investigation when finding out illegal acts and having caused serious consequences;
(6) other acts including engaging in illegalities for personal gains or by other fraudulent means, neglecting duties or abusing powers.

Article 57 Whichever, in violation of the provisions of Article 17 of these Measures, excavates motor-pumped wells without approval or fails to draw water in accordance with the approved water-drawing license shall be ordered by the administrative department in charge of water resources to stop the illegal act and go through the necessary formalities within a prescribed time limit, and be imposed a fine of not less than RMB 20,000 yuan but not more than 60,000 yuan. Whichever fails to go through the necessary formalities within the prescribed time limit shall be ordered to seal the well.

Article 58 Whichever, in violation of the provisions of Article 18 of these Measures, excavates motor-pumped wells in prohibited areas shall be ordered by the administrative department in charge of water resources to stop the illegal act and seal the well within a prescribed time limit, and be imposed a fine of not less than RMB 70,000 yuan but not more than 100,000 yuan.

Article 59 Whichever, in violation of the provisions of Article 19 of these Measures, excavates motor-pumped wells in strictly controlled areas without approval or fails to draw water in accordance with conditions specified in the approved water-drawing license shall be ordered by the administrative department in charge of water resources to stop the illegal act and seal the well within the prescribed time limit, and be imposed a fine of not less than RMB 50,000 but not more than 80,000.

Article 60 Whichever, in violation of the provisions of Article 20 of these Measures, exploits base rock water without approval or fails to draw water in accordance with conditions specified in the approved water-drawing license shall be ordered by the administrative department in charge of water resources to stop the illegal act and be imposed a fine of not less than RMB 60,000 yuan but not more than100,000 yuan.

Article 61 Where a construction project, in violation of the provisions of Paragraph 2 of Article 23 and Paragraph 1 of Article 47 of these Measures, fails to build utilization and water saving facilities of reclaimed water or the facilities fail to reach the specified requirements, the administrative department in charge of water resources shall order it to stop the illegal act and make corrections within a prescribed time limit, and be imposed a fine of not less than RMB 50,000 yuan but not more than 100,000 yuan. Whichever fails to make corrections within the prescribed time limit shall not be granted with water quota. Where the completed facilities fail to put into normal operation, the water quota shall be reduced.

Article 62 Whichever, in violation of the provisions of Paragraph 1 of Article 31 of these Measures, builds sewage outlets in protective areas of drinking water sources shall be ordered by the people's government of the Municipality or district or county to dismantle the outlets and restore the original state; in case of failing to dismantle the outlets and restore the original state, shall be dismantled the outlets and restored the original state coercively and be imposed a fine of not less than RMB 50,000 yuan but not more than 100,000 yuan.

Article 63 Whichever, in violation of the provisions of Paragraph 1 of Article 35 of these Measures, builds, rebuilds or expands sewage outlets without approval in rivers or lakes shall be ordered, by the administrative department in charge of water resources to stop the illegal act and restore the original state and be imposed a fine of not less than RMB 50,000 yuan but not more than 100,000 yuan. Whichever, in violation of the provisions of Paragraph 2, fails to block sewage outlets within the prescribed time limit shall be imposed a fine of not less than RMB 50,000 yuan but not more than 100,000 yuan by the administrative department in charge of water resources.

Article 64 Any unit in violation of the provisions of Paragraph 2 of Article 45 of these Measures that wastes water shall be ordered by the administrative department in charge of water resources or other relevant departments to make corrections within a prescribed time limit. Where the unit fails to make corrections within the prescribed time limit, the administrative department in charge of water resources can reduce the water quota.

Article 65 Where in violation of the provisions of Article 51 of these Measures a unit fails to install and use recycling water facilities or a car washing enterprise fails to utilize reclaimed water in accordance with regulations, the administrative department in charge of water resources shall order it to make corrections within a prescribed time limit and impose a fine of RMB 10,000. Where the unit fails to make corrections within the prescribed time limit, the water supply enterprise shall be ordered to stop the water supply.

Article 66 Whichever, in violation of the provisions of Article 54 of these Measures, uses water without obtaining temporary water quota shall be ordered to stop the illegal act and go through the necessary formalities within the prescribed time limit and be imposed a fine of less than RMB 50,000.

Article 67 Any unit, in violation of the provisions of Article 55 of these Measures, applies the fixed charging system for water consumption shall be ordered by the administrative department in charge of water resources to make corrections and be imposed a fine of not less than RMB 200 but not more than 500 for each responsible household.

Article 68 Where the Municipal People's Government have decided that the city management and supervision organization has the power of administrative penalty in accordance with relatively centralized power of administrative penalty stipulated by the state, the city management and supervision organization shall be responsible for imposing penalty.

Chapter VIII Supplementary Provisions

Article 69 These Measures shall take effect as of October 1st, 2004. Regulations on Urban Water Saving of Beijing Municipality adopted at the Twenty-ninth Session of the Standing Committee of the Ninth People's Congress of Beijing Municipality on September 14th, 1991, Regulations on Administration of Water Resources of Beijing Municipality adopted at the Thirtieth Session of the Standing Committee of the Ninth People's Congress of Beijing Municipality on November 9th, 1991, Fine and Penalty Measures for Regulations on Administration of Water Resources of Beijing Municipality promulgated by Decree No. 12 of the People's Government of Beijing Municipality on May 29th, 1992 and Administrative Provisions of Rural Water Saving of Beijing Municipality promulgated by Decree No. 15 of the People's Government of Beijing Municipality on October 20th, 1992 shall be repealed simultaneously.