Announcement of the Standing Committee of the 14th People's Congress of Henan Province (No. 16) "Regulations on the Management of Water Conservancy Projects in Henan Province" (full text)
Release time：2024-08-21click：1
The newly revised "Henan Province Water Conservancy Project Management Regulations" (referred to as the "Regulations") were voted and adopted at the fifth meeting of the Standing Committee of the 14th Henan Provincial People's Congress on September 28, 2023, and will come into effect on January 1, 2024.
The "Regulations" have 6 chapters and 43 articles, including general provisions, planning and construction, management and operation, protection and utilization, legal responsibilities, and supplementary provisions. The revised "Regulations" have three outstanding features: first, it deeply implements the new era water control ideas; second, it adheres to problem-oriented and goal-oriented; second, it adheres to problem-oriented and goal-oriented.
The revised draft also proposes that water conservancy project construction plans should be based on the principles of water conservancy project demonstration that are truly necessary, ecologically safe, and sustainable, and comprehensively consider flood control, drainage, water transportation, irrigation, and shipping. , power generation, ecological and other functions to achieve efficient utilization of water resources, restoration of water ecosystems, comprehensive management of water environment, etc., give full play to the comprehensive benefits of water conservancy projects, and improve water security capabilities.
Since the "Henan Province Water Conservancy Project Management Regulations" was implemented on October 1, 1997, it has strengthened the construction and management of water conservancy projects, ensured the safe operation of water conservancy projects, and maximized the comprehensive benefits of water conservancy projects. played an important role. However, with the diversification of water conservancy project entities, the deepening of the reform of the water conservancy project management system, and the improvement of relevant laws, regulations and policy systems, its relevant regulations no longer adapt to the new situation and new requirements of the current water conservancy project reform and development.
"Henan Province Water Conservancy Project Management Regulations" (full text)
Chapter 1 General Provisions
Article 1 In order to strengthen the construction and management of water conservancy projects and ensure the safety and operation of water conservancy projects To give full play to the functions and benefits of water conservancy projects and promote high-quality economic and social development, these regulations are formulated in accordance with the "Water Law of the People's Republic of China", the "Flood Control Law of the People's Republic of China" and other relevant laws and administrative regulations, and in light of the actual situation of the province.
Article 2These Regulations shall apply to the planning, construction, management, operation, protection and utilization of water conservancy projects within the administrative region of this province.
The term "water conservancy projects" as mentioned in these Regulations refers to flood control, waterlogging removal, water transmission (supply), irrigation, hydropower and other projects and their ancillary facilities.
Water conservancy projects and urban water supply and drainage managed by river basin management agenciesThe construction and management of water, sewage treatment, soil and water conservation, farmland water conservancy and other projects shall be carried out in accordance with relevant laws and regulations.
Article 3 The construction and management of water conservancy projects should adhere to the water control ideas of prioritizing water conservation, spatial balance, systematic management, and using both hands, and follow overall planning and scientific Construction, management in accordance with the law, standardized operation, ensuring safety and the principles of comprehensive utilization.
Article 4People’s governments at or above the county level shall strengthen leadership over the planning, construction, management and protection of water conservancy projects, and integrate water conservancy project construction into the national economy and Social development planning, rural revitalization and agricultural and rural modernization planning, improve government investment guarantee mechanisms, and increase investment in water conservancy projects.
Article 5People’s governments at or above the county level shall establish a diversified and multi-channel investment and financing mechanism for water conservancy projects, and take measures to encourage and support social capital investment in water conservancy projects Construction, operation and management, guide financial institutions to support the construction of water conservancy projects, encourage and support rural collective economic organizations, farmers' cooperative organizations, new agricultural business entities and other social forces to participate in the construction, operation, operation and maintenance of water conservancy projects, and protect their legitimate rights and interests in accordance with the law .
Article 6The water administrative departments of the people's governments at or above the county level are responsible for the supervision and management of water conservancy projects within their respective administrative regions in accordance with the law.
The development and reform, finance, natural resources, housing and urban-rural construction, ecological environment, transportation, agriculture and rural areas, forestry and other departments of the people's governments at or above the county level are responsible for the management and protection of water conservancy projects in accordance with their respective responsibilities Related work.
Township people’s governments and sub-district offices should do a good job in the management and protection of water conservancy projects within their jurisdictions in accordance with their responsibilities.
Article 7 Water conservancy projects are protected by law. Units and individuals have the right to complain and report illegal activities such as encroachment and destruction of water conservancy projects.
Article 8 Units and individuals that have made outstanding achievements in the construction, management and protection of water conservancy projects shall be authorized by the people's governments at or above the county level and relevant provincial The department will give commendations and rewards in accordance with relevant national and provincial regulations.
Chapter 2 Planning and Construction
Article 9 Water conservancy project construction plans shall comply with land spatial planning, regional and river basin related plans, and shall comprehensively consider flood control, drainage, transportation (supply ) water, irrigation, shipping, power generation, ecology and other functions to achieve efficient utilization of water resources, restoration of water ecosystems, comprehensive management of water environment, scientific prevention and control of water disasters, inheritance and protection of water culture, give full play to the comprehensive benefits of water conservancy projects, and improve water security ability.
Article 10 For water conservancy projects invested and constructed by the government, project proposals, feasibility study reports, and preliminary designs shall be prepared and submitted in accordance with the government investment management authority and regulations. The procedures shall be submitted to the investment authority or other departments with approval authority for review and approval.
Water conservancy projects invested and constructed by social capital shall be subject to approval or filing management regulations.
If the state has other provisions on simplified procedures, those provisions shall prevail.
Article 11 Water conservancy project construction projects invested by the government shall be implemented in accordance with the construction location, construction scale and construction content approved by the investment department or other relevant departments; If it is planned to change the construction location or make major changes to the construction scale, construction content, etc., it shall be reported to the original approval department for approval in accordance with the prescribed procedures.
Article 12 For public welfare water conservancy projects invested and constructed by the government, funds shall be arranged according to the project, mainly in the form of direct investment; for operational projects that really need support The project mainly takes the form of capital injection, and may also adopt appropriate methods such as investment subsidies and loan interest discounts.
Government-invested water conservancy project construction projects shall raise and allocate the necessary funds in accordance with relevant national regulations. Construction units shall not advance funds for construction, and shall not arbitrarily reduce the investment scale specified in the investment plan.
The design and construction of water conservancy projects shall comply with construction safety regulations and relevant technical specifications, follow the principles of science, necessity and economy, and conduct scientific demonstration and evaluation from the aspects of technology, material selection, construction, operation and management, etc. Compare and select, optimize design plans, and make rational use of funds.
Article 13 Water conservancy project construction projects invested and constructed by the government shall implement the project legal person responsibility system, bidding system, construction supervision system, and contract management system.
The legal person of water conservancy project construction project shall be in accordance with the nationalRelevant regulations strictly manage the construction funds, construction period, project quality, production safety, etc. of construction projects.
If the survey, design, construction and supervision of water conservancy project construction projects, as well as the procurement of important equipment and materials related to project construction, require bidding according to law, bidding shall be conducted.
The legal person of a water conservancy project construction project shall enter into a construction project contract with the general contractor in written form, or may enter into a survey, design, and construction contract contract with the survey unit, design unit, and construction unit respectively. Clarify the rights and obligations of both parties.
The supervision unit of a water conservancy project construction project shall select supervisors with corresponding qualifications to station at the water conservancy project construction site in accordance with the supervision contract, and carry out supervision in accordance with the supervision specifications.
Units responsible for the survey, design, construction and supervision of water conservancy project construction projects should have corresponding qualification levels.
Article 14 Water conservancy projects implement a lifelong responsibility system for project quality. The legal representatives, project leaders and persons directly responsible for the water conservancy project construction unit, survey unit, design unit, construction unit and supervision unit shall bear corresponding responsibilities for the quality of the project within the reasonable service life of the water conservancy project in accordance with the provisions of laws and regulations.
Article 15After a water conservancy project is completed, the construction unit shall organize completion inspection and acceptance in accordance with the law, and go through the handover procedures in a timely manner after the completion acceptance and acceptance are passed.
Water conservancy projects that have not been inspected or failed to pass the inspection shall not be delivered for use.
Reservoir (hydropower station) dams and sluices must be registered in accordance with relevant national regulations.
Article 16 The water administrative departments and other relevant departments of the people's governments at or above the county level shall, in accordance with their statutory responsibilities, monitor the quality and construction of water conservancy project construction projects. We will supervise and inspect the progress and use of government-invested water conservancy project construction funds in accordance with the law, promptly provide rectification suggestions when problems are discovered, and urge the construction unit to make rectifications in place.
Chapter 3 Management and Operation
Article 17 Water conservancy projects shall be carried out in accordance with The principles of who invests, who owns, who benefits, and who bears the burden clarify ownership and management rights in accordance with the law.and management rights.
Article 18 Water conservancy projects invested and constructed by the government shall be subject to classified and hierarchical management:
(1) Benefits or impacts Large-scale water conservancy projects that span cities divided into districts shall be managed by the management unit determined by the Provincial People's Government; (2) Large-scale water conservancy projects that benefit or affect areas that span county-level administrative regions, Or medium-sized water conservancy projects with important locations and important relationships shall be managed by the management unit determined by the people's government of the districted city; Large and medium-sized water conservancy projects, small (Ⅰ) type reservoirs and small (Ⅱ) type reservoirs that have a significant impact on flood control and irrigation are managed by management units determined by the county-level people's governments; other small water conservancy projects are managed by township people's governments, sub-district people's governments, and sub-district people's governments. The office is responsible for management.
For water conservancy projects jointly invested and constructed by the government and social capital, the management entity shall be determined in accordance with the agreement.
Water conservancy projects constructed and operated by social capital shall be managed by the social capital during the validity period of the agreement.
Article 19 People’s governments at or above the county level shall reasonably allocate financial funds to ensure the normal operation of public welfare water conservancy projects or public welfare parts.
For commercial water conservancy projects or commercial parts, the project management unit or operating manager shall implement the operation and maintenance funds of the water conservancy project in accordance with regulations or agreements to ensure its normal operation.
Article 20 The right to operate the water supply of water conservancy projects invested and constructed by the government, the right to operate scenic spots, the right to operate water surface ecological breeding and planting in the sink area, as well as the water supply and hydraulic power Operating assets such as power generation can be listed for sale through public resource trading platforms in accordance with the law.
Article 21Water conservancy project management units shall prepare daily dispatch, operation and emergency plans for water conservancy projects in accordance with national regulations and strictly implement them.
Article 22The competent departments of reservoirs (hydropower stations) dams and sluices shall organize regular safety inspections of reservoirs (hydropower stations) dams and sluices in accordance with relevant regulations. identification. If the project is identified as a hazardous project, the competent department shall promptly organize relevant units to take corresponding measures to eliminate potential safety hazards.
Periodic safety appraisals and risk relief and reinforcement of water conservancy projects involving public safety, such as embankments, aqueducts, high-fill channels, and important check dams, and their ancillary facilities shall be carried out in accordance with the provisions of the preceding paragraph. .
Article 23If a water conservancy project really needs to adjust its original functions, the water conservancy project management unit shall conduct technical demonstrations and solicit opinions from interested parties. Review and approval by the water administrative department with jurisdiction.
Without the approval of the water administrative department, the water conservancy project management unit shall not change the main functions of the original design of the water conservancy project.
If part of the functions or basic functions of a water conservancy project are lost and it is really necessary to reduce the grade for use or scrap, the water conservancy project management unit shall entrust an unit with corresponding qualifications to appraise it in accordance with the law and report it to the administrative authority with jurisdiction. The department will put forward handling opinions and report them to the water administrative department where the project is located for record.
Water conservancy projects that should be scrapped and dismantled shall be dismantled by the owner or management unit of the water conservancy project.
Article 24 Water conservancy projects shall supply water according to the approved water supply purpose and plan. If it is really necessary to change the purpose and expand the water supply, the consent of the water administrative department of the people's government at or above the county level with jurisdiction shall be obtained.
The establishment and adjustment of water supply prices for water conservancy projects are based on the approved permitted income, comprehensively considering agricultural and non-agricultural water conditions and user affordability, etc., to formulate agricultural water prices and non-agricultural water prices. The prices of water for hydropower generation and ecological water are determined through negotiation between the supply and demand parties.
Article 25The water administrative department shall strengthen the management of boundary water conservancy projects. Boundary water conservancy project management units shall strictly implement the boundary water conservancy agreement mutually agreed upon by relevant parties. The water administrative department at the next higher level shall supervise and inspect the implementation of the agreement.
If any dispute arises during the execution of the agreement, it shall be handled by the people's government at the next higher level or the water administrative department.
Article 26 The water administrative department of the people's government at or above the county level shall strengthen supervision and inspection of the safe operation of water conservancy projects, and resolve any problems discovered during the inspection. The water conservancy project management unit should be ordered to make rectifications within a time limit.
Water conservancy project management units should establish and improve responsibilities for the safe operation of water conservancy projectssystem, in accordance with relevant technical standards and specifications, strengthen the observation, monitoring, inspection, inspection and maintenance of water conservancy project facilities and equipment, improve technical files, standardize operating procedures, and ensure the safe operation of water conservancy projects.
Article 27 The water administrative department of the Provincial People's Government shall establish and improve the standardized management and evaluation system of water conservancy projects and comprehensively promote the standardized management of water conservancy projects.
Water administrative departments of people’s governments at or above the county level should strengthen the construction of smart water conservancy, use basic geographical data and basic water conservancy data, and combine modern scientific and technological means to establish water conservancy project management business databases and smart management platforms , implement comprehensive and dynamic management of important water conservancy projects.
Chapter 4 Protection and Utilization
Article 28 County level and above The people's government shall organize water administration, natural resources and other relevant departments to delineate the management scope and protection scope of water conservancy projects and announce them to the public. The delineation standards and compensation methods shall be determined by the Provincial People's Government.
After the demarcated water conservancy project management scope and protection scope, the water conservancy project management unit shall set up boundary posts, bulletin boards, warning signs and other identification signs, and take corresponding safety protection measures at important parts. .
No unit or individual may move, spray, cover or damage water conservancy project boundary posts, bulletin boards, warning signs and other signs without authorization.
Article 29Within the scope of water conservancy project management, the following acts are prohibited:
(1) Unauthorized storage Water, lift water, divert water, release water, intercept water, block channels;
(2) Dumping, stacking garbage, muck, sand and gravel, straw, debris or burying objects that pollute water bodies.
Article 30 Within the protection scope of water conservancy projects, it is prohibited to engage in blasting, digging wells, quarrying, earth borrowing, etc. that affect the operation of the project and endanger the safety of the project. Activity.
Article 31In order to ensure the safety and normal operation of water conservancy projects, in addition to the prohibited acts stipulated in Articles 29 and 30 of these regulations, , the following behaviors are also prohibited:
(1) Occupation and destruction, damage water conservancy project buildings, structures and ancillary facilities;
(2) interfere with and hinder the normal operation of water conservancy projects;
(3) in Activities such as indiscriminate felling of trees, deforestation for planting, and land reclamation on steep slopes in the reservoir dam water catchment area that lead to reservoir siltation;
(4) Reclamation in the reservoir area;
(5) Engage in planting crops, grazing and other activities that endanger the safety of water conservancy projects on the slopes on both sides of reservoir dams, embankments and channels; Bait and feed containing toxic and harmful substances are used for artificial breeding in river gates and other related areas; >
(8) Illegal filling of waters for water conservancy projects;
(9) Other acts prohibited by laws and regulations.
Article 32 Construction of bridges, docks, locks, roads, railways, water supply and drainage and other engineering facilities within the scope of water conservancy project management, as well as the laying of pipelines and cables The engineering facilities along the line shall comply with the flood control standards stipulated by the state and shall not affect the safety of water conservancy projects; the engineering construction plan shall obtain the consent of the relevant water administrative department in accordance with the law.
The construction projects specified in the preceding paragraph shall be notified to the water conservancy project management unit before construction, maintenance, and inspection. The safety and normal operation of water conservancy project facilities shall not be affected during construction, maintenance, and inspection.
If it is necessary to temporarily occupy or dismantle a water conservancy project due to construction needs, the construction unit shall repair it according to no less than the original technical standards or on the basis of not reducing the original water conservancy function. If it cannot be repaired or reconstructed, corresponding compensation shall be given; if this affects the third party, the construction unit shall compensate according to law before the construction unit evacuates.
Article 33 Any unit or individual that occupies agricultural irrigation water sources or irrigation and drainage engineering facilities must apply to the competent water administrative department for approval in advance. And construct replacement projects commensurate with the loss of benefits. If replacement projects cannot be built, the occupier shall be compensated, and the compensation standards shall be implemented in accordance with relevant regulations.
Article 34 In addition to the implementation of flood prevention and drought relief, emergencyExcept for vehicles for emergency rescue, water conservancy project management and maintenance, and other emergency tasks, other motor vehicles are prohibited from passing on the top of dams and embankments that are not also used as highways.
If it is really necessary to use the top of the dam or embankment as a highway, it should meet the requirements for safe operation of water conservancy projects. The highway construction unit should conduct scientific demonstrations and submit them to the competent department with jurisdiction for approval.
Article 35 For water conservancy projects with historical and cultural value, the people’s governments at or above the county level shall carry out construction according to their original functions, architectural features and historical features. Protection and management, illegal occupation and damage are prohibited.
Article 36 The people’s governments at or above the county level shall take measures to support the use of the ecological advantages of water conservancy projects to carry out scenic transformation, and integrate the transformation of water conservancy projects with urban greening, Combined with water system connection and other projects to build a regional ecological water system.
Encourage units or individuals to use the water and soil resources of water conservancy projects in accordance with the law to carry out hydropower generation, sightseeing tourism, ecological breeding, ecological planting and other business activities on the premise of ensuring the safety of water conservancy projects. Business activities must be carried out in accordance with the law. Obtain the consent of the water conservancy project management unit and sign a use agreement. Encourage part of the operating income to be used for the repair and maintenance of water conservancy projects in accordance with the capital contribution ratio or agreement.
The use of water and soil resources in water conservancy projects to carry out business activities must be subject to the daily dispatch, operation and emergency management of water conservancy projects, and must not affect the safety of project operations, pollute water bodies, or damage the ecological environment.
The water administration, ecological environment, natural resources and other departments of the people's governments at or above the county level should strengthen the supervision of the use of water and soil resources in water conservancy projects to carry out business activities.
Chapter 5 Legal Responsibilities
Article 37 Violation of the provisions of these regulations , if laws and administrative regulations have provisions on legal responsibilities, those provisions shall prevail.
Article 38The water administrative departments and other relevant departments of the people's governments at or above the county level and their staff members fail to perform their duties of management and supervision of water conservancy projects in accordance with the law. , the directly responsible person in charge and other directly responsible personnel will be punished in accordance with the law; if a crime is constituted, criminal responsibility will be pursued in accordance with the law.
Article 39 Violation of the provisions of this Ordinance, If a water conservancy project management unit or operation manager has any of the following circumstances, the water administrative department of the people's government at or above the county level shall order it to make corrections within a time limit; if serious consequences are caused, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law; If a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) The water conservancy project is put into use without acceptance or has failed to pass the inspection;
(2) Failure to prepare and implement daily dispatch, operation and emergency plans for water conservancy projects in accordance with national regulations;
(3) Changing the main functions of the original design of water conservancy projects without approval;
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(4) Changing the purpose of water supply of a water conservancy project or expanding the water supply without authorization;
(5) Being ordered to make corrections within a time limit but failing to make corrections;
(6) Other situations of failure to perform duties in accordance with the law.
Article 40 Anyone who violates the provisions of these regulations and commits any of the following acts shall be punished by the water administrative department of the people's government at or above the county level in accordance with the following provisions:< br />
(1) Anyone who, within the protection scope of a water conservancy project, engages in activities such as blasting, well digging, quarrying, earth extraction, etc. that affects the operation of the project and endangers the safety of the project shall be ordered to stop illegal activities and be punished with a fine of one A fine of not less than 10,000 yuan but not more than 50,000 yuan;
(2) Anyone who occupies, destroys, or damages water conservancy project buildings, structures and ancillary facilities shall be ordered to restore them to their original state or take remedial measures, and shall be fined one A fine of not less than 10,000 yuan but not more than 50,000 yuan;
(3) Anyone who engages in planting crops, grazing and other activities that endanger the safety of water conservancy projects on reservoir dams, embankments and embankment slopes on both sides of channels shall be ordered to make corrections , who refuses to make corrections shall be fined not less than 200 yuan but not more than 1,000 yuan;
(4) Without authorization, moving, spraying, covering, or damaging boundary posts, bulletin boards, and warning signs of water conservancy projects , a fine of not less than RMB 500 but not more than RMB 2,000 shall be imposed.
Article 41 Violation of the provisions of these regulations without the consent of the water administrative department with management power, or failure to comply with the requirements of the water administrative department with management power If the project construction plan approved by the department is engaged in construction activities that affect the operation safety of the water conservancy project without authorization, the water administrative department of the people's government at or above the county level shall order it to stop the illegal behavior and take remedial measures within a time limit, which affects the operation safety of the water conservancy project. But OKThose who take remedial measures to reduce or eliminate safety impacts shall be ordered to make corrections within a time limit and be fined not less than 10,000 yuan but not more than 50,000 yuan; if the operation safety of water conservancy projects is seriously affected, they shall be ordered to make rectifications within a time limit and be fined not less than 10,000 yuan but not more than 100,000 yuan.
Chapter 6 Supplementary Provisions
Article 42 Jiyuan Industry-City Integration Demonstration Districts and Zhengzhou Airport Economic Comprehensive Experimental Zone shall be implemented with reference to cities divided into districts.
Article 43This Regulation will come into effect on January 1, 2024. The "Henan Province Water Conservancy Project Management Regulations" passed at the 27th meeting of the Standing Committee of the Eighth People's Congress of Henan Province on July 25, 1997 were abolished at the same time.
