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What is the crime of drilling a well without authorization?
It is illegal for individuals to dig wells privately, which may constitute the crime of illegal mining.
1. Drilling wells requires corresponding approval procedures. However, a small amount of water such as family life, sporadic free-range, and drinking water for captive livestock and poultry can be ignored (giving legal tolerance);
2. If the perpetrator takes water without approval, or fails to take water according to the conditions stipulated in the approved water intake permit, the relevant department will order him to stop the illegal act according to his functions and powers, and if the circumstances are serious, he will be fined 20,000 to100,000 yuan.
After the application for taking groundwater is approved by the municipal water administrative department, water users can dig wells to take water; After the completion of the well, the following information shall be submitted to the municipal water administrative department:
1, plan layout of completion area;
2. The actual well depth, well diameter and columnar profile of a single well;
3, single well water test and water quality test report;
4, water equipment performance and metering device;
5, other relevant information stipulated by the water administrative department.
After the acceptance of the well, the municipal water administrative department shall issue a water permit.
Provisions for applying for water permit:
1, water users apply to the municipal water administrative department for water intake permit, handle the water intake permit, and pay the water resource fee according to law;
2 in the urban planning area to apply for access to groundwater, the municipal water administrative department shall solicit the opinions of the municipal construction department;
3, new construction, renovation and expansion projects need to take groundwater, should fulfill the relevant environmental approval procedures.
Relevant provisions of water resources demonstration:
1, the exploitation of groundwater resources, the implementation of water resources demonstration system, mining within the proven exploitable limits;
2. Units and individuals that use groundwater shall submit water resources demonstration reports prepared by units with corresponding qualification for water resources demonstration of construction projects;
3, by the municipal water administrative department to organize relevant experts to review the "water resources demonstration report", and according to the expert opinion for approval.
I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.
Legal basis: People's Republic of China (PRC) Water Law.
Article 69 In case of any of the following acts, the water administrative department of the people's government at or above the county level or the river basin management institution shall, according to their functions and powers, order them to stop the illegal act, take remedial measures within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan;
If the circumstances are serious, its water permit shall be revoked:
(1) taking water without approval;
(two) failing to take water in accordance with the conditions stipulated in the approved water intake permit.
Regulations on the administration of water permit and water resource fee collection
Ninth groundwater intake application approved by the municipal water administrative department, water users can dig wells to take water; After the completion of the well, the following information shall be submitted to the municipal water administrative department:
(a) Layout of completion area;
(2) The actual well depth, well diameter and columnar profile of a single well;
(three) single well water quantity and water quality test report;
(four) the performance of water intake equipment and metering device;
(five) other relevant information as prescribed by the water administrative department.
After the acceptance of the well, the municipal water administrative department shall issue a water permit.
Seventh exploitation of groundwater resources to implement the water permit system. Water users apply to the municipal water administrative department for a water permit, apply for a water permit, and pay the water resource fee according to law. In the urban planning area to apply for access to groundwater, the municipal water administrative department shall solicit the opinions of the municipal construction department. New construction, renovation and expansion projects need to take groundwater, and relevant environmental protection examination and approval procedures shall be performed.
Eighth exploitation of groundwater resources, the implementation of water resources demonstration system, mining within the proven exploitable limit. Units and individuals using groundwater shall submit water resources demonstration reports prepared by units with corresponding qualifications for water resources demonstration of construction projects, and the municipal water administrative department shall organize relevant experts to review the water resources demonstration reports and examine and approve them according to the opinions of experts.
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