Contents of Hydrological Regulations of the People's Republic of China

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Water Law of the People's Republic of China and the Flood Control Law of the People's Republic of China in order to strengthen hydrological management, standardize hydrological work, develop, utilize, conserve and protect water resources and services for disaster prevention and mitigation, and promote sustainable economic and social development. Article 2 These Regulations shall be observed in planning and construction of hydrological station network, hydrological monitoring and forecasting, investigation and evaluation of water resources, collection, storage and use of hydrological monitoring data, and protection of hydrological facilities and hydrological monitoring environment within the territory of the People's Republic of China. Article 3 Hydrological undertakings are basic public welfare undertakings for national economic and social development. The people's governments at or above the county level shall incorporate the hydrological cause into the national economic and social development plan at the corresponding level, and the required funds into the fiscal budget at the corresponding level to ensure the normal development of hydrological monitoring work and give full play to the role of hydrological work in government decision-making, economic and social development and social public services. The people's governments at or above the county level shall care about and support the construction and operation of hydrological infrastructure in ethnic minority areas, remote and poor areas and hard areas. Article 4 The water administrative department of the State Council is in charge of the national hydrological work, and the hydrological institutions directly under it are specifically responsible for organizing and implementing the management work. River basin management institutions established by the water administrative department of the State Council in important rivers and lakes designated by the state (hereinafter referred to as river basin management institutions) shall, within their jurisdiction, organize the implementation and management of relevant hydrological work in accordance with the provisions of laws, these regulations and the authority prescribed by the water administrative department of the State Council. The water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are in charge of the hydrological work within their respective administrative areas, and the hydrological institutions directly under them accept the guidance of the higher-level competent departments and are specifically responsible for organizing and implementing the management work under the leadership of the local people's governments. Article 5 The State encourages and supports the research, popularization and application of hydrology science and technology, protects achievements of hydrology science and technology, trains talents of hydrology science and technology, and strengthens international cooperation and exchange of hydrology. Sixth people's governments at or above the county level shall commend and reward units and individuals that have made outstanding contributions in hydrological work in accordance with the relevant provisions of the state. Article 7 Foreign organizations or individuals engaged in hydrological activities within the territory of the People's Republic of China shall be approved by the water administrative department of the State Council jointly with relevant departments, and shall abide by the laws and regulations of the People's Republic of China; Those who engage in hydrological activities on the cross-border rivers between the People's Republic of China and neighboring countries shall abide by the relevant treaties and agreements concluded between the People's Republic of China and relevant countries.

Chapter II Planning and Construction

Article 8 The water administrative department of the State Council is responsible for compiling the national hydrological development plan, and after consulting the relevant departments of the State Council, it shall report it to the State Council or its authorized department for approval and implementation. River basin management agencies shall prepare the development plan of river basin hydrology according to the national development plan of hydrology, and report it to the water administrative department of the State Council for approval and implementation. The water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the national hydrological development plan and the river basin hydrological development plan, prepare the hydrological development plan of their respective administrative regions, report it to the people's government at the corresponding level for approval and implementation, and report it to the water administrative department of the State Council for the record. Ninth hydrological development planning is the basis for carrying out hydrological work. Modifying the development plan of hydrological undertakings shall be approved by the original approving authority in accordance with the planning procedures. Tenth hydrological career development planning mainly includes the development objectives of hydrological career, the construction of hydrological station network, the construction of hydrological monitoring and information forecasting facilities, the construction of hydrological information network and business system, and safeguard measures. Article 11 The State shall implement unified planning for the construction of hydrological station network. The construction of hydrological station network should adhere to the principles of combining river basins with regions, regions obeying river basins, rational layout, preventing duplication and taking into account current and long-term needs. Article 12 The construction of hydrological station network shall be organized and implemented according to the development plan of hydrological undertakings and the construction procedures of national fixed assets investment projects. The funds for the construction and operation management of hydrological station network providing services for national water conservancy, hydropower and other basic engineering facilities shall be included in the project construction budget and operation management funds respectively. The hydrological station network mentioned in these Regulations refers to the hydrological monitoring data collection system composed of an appropriate number of various hydrological stations in a river basin or region. Article 13 The State implements classified and graded management of hydrological stations. Hydrological stations are divided into national basic hydrological stations and special hydrological stations. National basic hydrological stations are divided into national important hydrological stations and general hydrological stations. Article 14 The establishment and adjustment of national important hydrological stations and general hydrological stations managed by river basin management institutions shall be reported by the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or the river basin management institutions to the hydrological institutions directly under the water administrative department of the State Council for approval. The establishment and adjustment of other general hydrological stations shall be approved by the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the hydrological institutions directly under the water administrative department of the State Council for the record. Fifteenth the establishment of special hydrological stations, and shall not be repeated with the national basic hydrological stations; If it is really necessary to set up a special hydrological station in the area covered by the national basic hydrological station, it shall be reported to the river basin management institution or the hydrological institution directly under the water administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government for approval in accordance with the management authority. Among them, if it is necessary to set up special hydrological stations for transportation, shipping and environmental protection, the opinions of river basin management agencies or hydrological institutions directly under the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be sought before the approval of the relevant competent departments. The cancellation of a special hydrological station shall be reported to the original approval authority for approval. Sixteenth special hydrological stations and other units engaged in hydrological activities shall accept the industry management of hydrological institutions directly under the water administrative department. Article 17 Hydrological stations managed by the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, which play an important role in the management of river basin water resources and disaster prevention and reduction, shall be subject to the guidance and supervision of river basin management institutions at the same time.

chapter iii monitoring and forecasting

article 18 hydrological monitoring activities shall comply with national hydrological technical standards, norms and regulations to ensure monitoring quality. Without approval, hydrological monitoring shall not be suspended. National hydrological technical standards, norms and procedures shall be formulated by the water administrative department of the State Council in conjunction with the standardization administrative department of the State Council. Nineteenth special technical equipment used in hydrological monitoring shall meet the technical requirements stipulated by the water administrative department of the State Council. The measuring instruments used in hydrological monitoring shall be verified according to law. Verification regulation of measuring instruments used in hydrological monitoring shall be formulated by the water administrative department of the State Council and reported to the metrological administrative department of the State Council for the record. Article 2 Hydrological institutions shall strengthen the dynamic monitoring of water resources, and if it is found that changes in the quantity and quality of the monitored water body may endanger the safety of water use, they shall strengthen follow-up monitoring and investigation, and report the monitoring, investigation and treatment suggestions to the local people's government and its water administrative department in a timely manner; If it is found that the water quality changes and sudden water pollution incidents may occur, it shall timely report the monitoring and investigation to the water administrative department of the local people's government and the environmental protection administrative department. The relevant units and individuals shall cooperate with the dynamic monitoring of water resources. Twenty-first hydrological stations that undertake the task of hydrological information forecast shall report the relevant hydrological information forecast to the flood control and drought relief headquarters of the people's government at or above the county level and the water administrative department in a timely and accurate manner. Twenty-second hydrological information forecast by the people's governments at or above the county level flood control and drought relief headquarters, water administrative departments or hydrological institutions in accordance with the provisions of the authority to the society unified release. It is forbidden for any other unit or individual to release hydrological information and forecast to the society. News media such as radio, television, newspapers and the Internet shall, in accordance with the relevant provisions of the state and the requirements of flood control and drought relief, broadcast and publish hydrological information and forecasts in a timely manner, and indicate the publishing institution and time. Twenty-third information industry departments shall, according to the needs of hydrological work, provide communication guarantee in accordance with the relevant provisions of the state. Twenty-fourth water administrative departments of the people's governments at or above the county level shall, in accordance with the requirements of economic and social development, organize relevant units to carry out water resources investigation and evaluation in conjunction with relevant departments. A unit engaged in the investigation and evaluation of hydrology and water resources shall meet the following conditions and obtain the qualification certificate issued by the water administrative department of the State Council or the water administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government: (1) It has the qualification of a legal person and a fixed workplace; (2) Having professional and technical personnel who are suitable for their hydrological activities and have passed the examination; (3) Having professional technical equipment suitable for hydrological activities; (4) Having a sound management system; (five) meet other conditions stipulated by the water administrative department of the State Council.

chapter iv collection, storage and use of data

article 25 the state practices a unified collection and delivery system for hydrological monitoring data. Units engaged in monitoring surface water and groundwater resources, water quantity and water quality and other units engaged in hydrological monitoring shall submit monitoring data to the relevant hydrological institutions in accordance with the data management authority. Monitoring data of groundwater resources in important groundwater sources and over-exploited areas, and monitoring data of important intake (outlet), sewage outlets in rivers and lakes, and important sections shall be submitted by units engaged in hydrological monitoring to river basin management agencies or hydrological institutions directly under the water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The data of water intake (withdrawal), water storage (discharge) of water intake project shall be submitted by the water intake project management unit to the hydrological institution where the project is located. Article 26 The State shall establish a system of sharing hydrological monitoring data. Hydrological institutions shall properly store and keep hydrological monitoring data, and process and sort out hydrological monitoring data according to the needs of national economic construction and social development to form hydrological monitoring results, which shall be published. Hydrological institutions directly under the water administrative department of the State Council shall establish a national hydrological database. The basic hydrological monitoring data shall be made public according to law. If the hydrological monitoring data are state secrets, the determination, change and decryption of its classification and the use and management of the data shall be carried out in accordance with the relevant provisions of the state. Twenty-seventh hydrological monitoring data used in the preparation of important planning, key project construction and water resources management should be complete, reliable and consistent. Twenty-eighth state organs decision-making and disaster prevention and mitigation, national defense construction, public security, environmental protection and other public welfare undertakings need to use hydrological monitoring data and results, should be provided free of charge. In addition to the circumstances specified in the preceding paragraph, if it is necessary to use hydrological monitoring data and results, fees shall be charged in accordance with relevant state regulations, and two lines of revenue and expenditure management shall be implemented. Where special hydrological consulting services are required for business activities, both parties shall sign a paid service contract to clarify the rights and obligations of both parties.

chapter v facilities and monitoring environmental protection

article 29 the state protects hydrological monitoring facilities according to law. No unit or individual may occupy, destroy, move or use hydrological monitoring facilities without authorization, and shall not interfere with hydrological monitoring. If the national basic hydrological station is damaged due to force majeure, the local people's government and the relevant water administrative departments shall take measures to organize the repair and ensure its normal operation. Thirtieth without approval, no unit or individual may move the national basic hydrological station; If it is really necessary to relocate due to major engineering construction, the construction unit shall, before the construction project is approved, report it to the water administrative department with management authority for the station, and the required expenses shall be borne by the construction unit. Article 31 The State protects the hydrological monitoring environment according to law. The people's governments at the county level shall delimit the environmental protection scope of hydrological monitoring according to the standards determined by the water administrative department of the State Council, and set up ground signs at the boundary of the protection scope. All units and individuals have the obligation to protect the hydrological monitoring environment. Article 32 It is forbidden to engage in the following activities within the scope of environmental protection for hydrological monitoring: (1) planting tall crops, stacking materials, building buildings and berthing ships; (2) Taking soil, dredging sand, quarrying, panning for gold, blasting and dumping wastes; (3) taking water and discharging pollutants at the monitoring section or erecting lines over river crossing equipment, meteorological observation sites and monitoring sections; (four) other activities that have an impact on hydrological monitoring. Thirty-third in the upstream and downstream of the national basic hydrological station construction projects that affect hydrological monitoring, the construction unit shall take corresponding measures, with the consent of the water administrative department that has management authority over the station before construction. If the hydrological station is rebuilt due to the project construction, the cost required shall be borne by the construction unit. Article 34 Warning signs shall be set up in accordance with the law when hydrological monitoring operations are carried out in navigable rivers or bridges. Article 35 The right to use radio frequencies and communication lines obtained by hydrological institutions according to law shall be protected by the state. No unit or individual may occupy or interfere with the radio frequency used by hydrological institutions, and may not destroy the communication lines used by hydrological institutions.

Chapter VI Legal Liability

Article 36 If anyone violates the provisions of these Regulations and commits any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) Misreporting hydrological monitoring information and causing serious economic losses; (2) Failing to report or report hydrological monitoring information in flood season; (three) unauthorized release of hydrological information and forecast; (four) lost, destroyed or forged hydrological monitoring data; (five) unauthorized transfer, lend hydrological monitoring data; (six) other acts that do not perform their duties according to law. Article 37 If a hydrological station is set up without approval or a project affecting hydrological monitoring is built upstream and downstream of the national basic hydrological station without consent, it shall be ordered to stop the illegal act, take remedial measures within a time limit and go through the relevant formalities; Unable to take remedial measures, overdue or not approved, shall be ordered to dismantle illegal buildings; If it is not removed within the time limit, it will be forcibly removed, and the expenses required will be borne by the illegal unit or individual. Thirty-eighth in violation of the provisions of this Ordinance, engaged in hydrological activities without obtaining the qualification certificate of hydrology and water resources investigation and evaluation, shall be ordered to stop the illegal behavior, confiscate the illegal income, and impose a fine of 5 thousand yuan to 1 thousand yuan. Thirty-ninth whoever, in violation of the provisions of this Ordinance, engages in hydrological activities beyond the scope determined by the qualification certificate of hydrology and water resources investigation and evaluation shall be ordered to stop the illegal act, confiscate the illegal income and impose a fine of not less than 3, yuan but not more than 5, yuan; If the circumstances are serious, the qualification certificate shall be revoked by the issuing authority. Fortieth whoever, in violation of the provisions of these regulations, uses special hydrological technical equipment and hydrological measuring instruments that do not meet the requirements shall be ordered to make corrections within a time limit. Article 41 Whoever, in violation of the provisions of these Regulations, commits any of the following acts shall be ordered to stop the illegal act and be fined not less than 1, yuan but not more than 5, yuan: (1) refusing to submit hydrological monitoring data; (two) illegal dissemination of hydrological information and forecast to the society, resulting in serious economic losses and adverse effects. Article 42 Whoever, in violation of the provisions of these Regulations, occupies or destroys hydrological monitoring facilities or moves or uses hydrological monitoring facilities without approval shall be ordered to stop the illegal act, restore the original state within a time limit or take other remedial measures, and may be fined up to 5, yuan; If it constitutes a violation of public security administration, it shall be punished according to law; If it constitutes a crime, it shall be pursued according to law.