The 2019 Farmland Water Conservancy Regulations will come into effect on July 1

The "Farmland Water Conservancy Regulations" were passed at the 131st executive meeting of the State Council on April 27, and are now announced and will come into effect on July 1.

Premier Li Keqiang

May 17

General Provisions of Chapter 1 of the Farmland Water Conservancy Regulations

Article 1 In order to speed up the development of farmland water conservancy, These regulations are formulated to improve comprehensive agricultural production capacity and ensure national food security.

Article 2 These regulations shall apply to the preparation and implementation of farmland water conservancy planning, the construction, operation and maintenance of farmland water conservancy projects, farmland irrigation and drainage and other activities.

The term “farmland water conservancy” as mentioned in these regulations refers to engineering measures such as irrigation and drainage and other related measures taken to prevent and control farmland drought, waterlogging, waterlogging and saline-alkali disasters and improve agricultural production conditions.

Article 3: To develop farmland water conservancy, adhere to the principles of government leadership, scientific planning, adapting measures to local conditions, water conservation and efficiency, and equal emphasis on construction and management.

People’s governments at or above the county level should strengthen the organization and leadership of farmland water conservancy work and take measures to ensure the development of farmland water conservancy.

Article 4 The water administrative department of the State Council is responsible for the management and supervision of farmland water conservancy nationwide. Relevant departments under the State Council shall carry out work related to farmland water conservancy in accordance with the division of responsibilities.

The water administrative departments of local people’s governments at or above the county level are responsible for the management and supervision of farmland water conservancy within their respective administrative regions. Relevant departments of local people's governments at or above the county level shall carry out work related to farmland water conservancy in accordance with the division of responsibilities.

The township people's government shall assist the people's government at the higher level and its relevant departments in the construction, operation and maintenance of farmland water conservancy projects in their respective administrative areas.

Article 5 The state encourages and guides rural collective economic organizations, farmers' water cooperation organizations, farmers and other social forces to carry out the construction, operation and maintenance of farmland water conservancy projects, protect farmland water conservancy project facilities, save water, and protect farmland water conservancy projects. ecological environment.

The state protects the legitimate rights and interests of investors in farmland water conservancy projects in accordance with the law. Chapter 2 Planning

Article 6 The water administrative department of the State Council is responsible for formulating the national farmland water conservancy plan. After soliciting the opinions of relevant departments under the State Council, it shall submit it to the State Council or the department authorized by the State Council for approval and publication.

The water administrative department of the local people's government at or above the county level is responsible for formulating the farmland water conservancy plan for its own administrative region. After soliciting the opinions of the relevant departments of the people's government at the same level, it shall submit it to the people's government at the same level for approval and announcement.

Article 7 The preparation of farmland water conservancy planning shall take overall consideration of the level of economic and social development, the balance between supply and demand of water and land resources, agricultural production needs, irrigation and drainage development needs, environmental protection and other factors.

Farmland water conservancy planning should include development ideas, overall tasks, regional layout, safeguard measures, etc. County-level farmland water conservancy planning should also include water source protection, project layout, project scale, ecological environment impact, project construction and Operation and maintenance, technology promotion, fund raising, etc.

Article 8 People’s governments at or above the county level shall organize farmland water conservancy surveys. The farmland water conservancy survey results are the basis for formulating farmland water conservancy planning.

When the water administrative department of the people's government at the county level prepares farmland water conservancy plans, it should solicit opinions from rural collective economic organizations, farmers' water cooperation organizations, farmers, etc.

Article 9 The farmland water conservancy plan at the lower level shall be prepared based on the farmland water conservancy plan at the higher level and filed with the water administrative department of the people's government at the upper level.

The approved farmland water conservancy plan is the basis for farmland water conservancy construction and management. If the farmland water conservancy plan really needs to be revised, it shall be submitted for approval in accordance with the original approval procedures.

Article 10 The water administrative departments and other relevant departments of the people's governments at or above the county level are responsible for implementing farmland water conservancy planning in accordance with the division of responsibilities.

The water administrative department of the people's government at or above the county level shall evaluate the implementation of farmland water conservancy planning in conjunction with the relevant departments of the people's government at the same level, and report the evaluation results to the people's government at the same level.

Article 11 The preparation of plans for land consolidation, comprehensive agricultural development, etc. involving farmland water conservancy should be connected with the farmland water conservancy plan, and the opinions of the water administrative department of the people's government at the same level should be solicited. Chapter 3 Project Construction

Article 12 The people’s government at the county level shall organize and formulate an annual implementation plan for farmland water conservancy project construction based on the farmland water conservancy planning, and coordinate various types of farmland water conservancy-related projects arranged by relevant departments and units. Engineering construction projects.

The township people's governments should coordinate rural collective economic organizations, farmers' water cooperative organizations and other social forces to carry out relevant work on farmland water conservancy project construction.

Article 13 The construction of farmland water conservancy projects shall comply with relevant national farmland water conservancy standards.

Farmland water conservancy standards are formulated by the standardization department and water administrative department of the State Council and the standardization departments and water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with legal procedures and authority.

Article 14 The construction of farmland water conservancy projects shall use land economically and intensively. People's governments at or above the county level shall ensure the land needs for farmland water conservancy project construction based on farmland water conservancy planning.

Article 15 Farmland water conservancy project construction units shall establish and improve project quality and safety management systems, be responsible for project quality and safety, and publicize project construction status.

The water administrative departments and other relevant departments of the people's governments at or above the county level shall strengthen the supervision and management of farmland water conservancy project construction in accordance with the division of responsibilities.

Article 16 The farmland water conservancy projects invested and constructed by the government shall be completed and accepted by the relevant departments of the people's government at or above the county level, and relevant experts, rural collective economic organizations, farmers' water cooperation organizations, and farmer representatives will be invited to participate. Farmland water conservancy projects invested and constructed by social forces shall be completed and accepted by the investors or beneficiaries. For farmland water conservancy projects jointly invested by the government and social forces, the relevant departments of the people's government at or above the county level, social investors or beneficiaries shall jointly organize completion inspection and acceptance.

Complete acceptance of large and medium-sized farmland water conservancy projects shall be organized in accordance with the acceptance procedures for water conservancy construction projects. The acceptance methods for small farmland water conservancy projects shall be formulated by the water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in conjunction with relevant departments.

After the farmland water conservancy project passes the acceptance inspection, the water administrative department of the local people's government at or above the county level will organize the registration and archiving.

Article 17 The water administrative departments of the people's governments at or above the county level shall work with relevant departments to strengthen the construction of farmland water conservancy information systems, collect and release information on farmland water conservancy planning, farmland water conservancy project construction, operation and maintenance, etc. Chapter 4 Project Operation and Maintenance

Article 18 The operation and maintenance entities of farmland water conservancy projects shall be determined in accordance with the following provisions:

(1) For large and medium-sized farmland water conservancy projects invested and constructed by the government, the county shall Units determined by people's governments at or above the level of government in accordance with project management authority are responsible for operation and maintenance, and social forces are encouraged to participate in operation and maintenance through government purchase of services;

(2) Small farmland water conservancy projects invested and constructed by the government or constructed with financial subsidies If a project is handed over to beneficiary rural collective economic organizations, farmers' water cooperative organizations, farmers, etc. for use and management in accordance with regulations, the beneficiaries or the units or individuals entrusted by them shall be responsible for operation and maintenance;

(3) Rural collectives Farmland water conservancy projects constructed with funds and labor raised by economic organizations shall be operated and maintained by rural collective economic organizations or units or individuals entrusted by them;

(4) Farmland water conservancy projects invested and constructed by farmers or other social forces shall be operated and maintained by The investor or the unit or individual entrusted by him is responsible for operation and maintenance;

(5) For farmland water conservancy projects jointly invested and constructed by the government and social forces, the investor shall determine the operation and maintenance subject according to the agreement.

When the contracted management rights of rural land are transferred in accordance with the law, the operation and maintenance entities of the farmland water conservancy projects on the land should be clarified at the same time.

Article 19 Farmland water conservancy projects in irrigated areas shall be managed by irrigation area management units and managed by beneficiary rural collective economic organizations, farmers' water cooperative organizations, farmers, etc.

Irrigation area management measures shall be formulated by the water administrative department of the State Council in conjunction with relevant departments.

Article 20 People’s governments at or above the county level shall establish a reasonable payment mechanism for farmland water conservancy project operation and maintenance funds.

Owners of farmland water conservancy projects shall allocate funds for the operation and maintenance of farmland water conservancy projects to ensure normal operation and maintenance work.

Article 21 Units and individuals responsible for the operation and maintenance of farmland water conservancy projects shall establish and improve the operation and maintenance system, strengthen daily inspections, repairs and maintenance of farmland water conservancy projects, conduct dispatching in accordance with relevant regulations, and ensure farmland Water conservancy projects are operating normally.

If the water volume dispatch of farmland water conservancy projects involves waterway navigation, it shall comply with the relevant provisions of the Waterway Law of the People's Republic of China.

Article 22 The water administrative departments of the people's governments at or above the county level and the owners of farmland water conservancy projects shall strengthen the supervision of the operation and maintenance of farmland water conservancy projects, and urge the units and individuals responsible for operation and maintenance to perform operation and maintenance responsibility.

If rural collective economic organizations, farmers' water cooperative organizations, farmers, etc. discover situations that affect the normal operation of farmland water conservancy projects, they have the right to report to the water administrative department of the people's government at or above the county level and the owner of the farmland water conservancy project. The water administrative departments of the people's governments at or above the county level and the owners of farmland water conservancy projects that receive the report should urge the units and individuals responsible for operation and maintenance to handle it in a timely manner.

Article 23 prohibits the following acts that endanger farmland water conservancy project facilities:

(1) Occupying and damaging farmland water conservancy project facilities;

(2) Activities such as blasting, well digging, quarrying, and soil extraction that endanger the safety of farmland water conservancy project facilities;

(3) Stacking of objects that hinder water storage, water transportation, and drainage;

( 4) Constructing buildings and structures that hinder water storage, water transportation, and drainage;

(5) Discharging sewage, dumping garbage and other waste into ponds, dams, and ditches.

Article 24 No unit or individual may occupy agricultural irrigation water sources or farmland water conservancy project facilities without authorization.

If a new construction, reconstruction, or expansion construction project really needs to occupy agricultural irrigation water sources or farmland water conservancy project facilities, it shall negotiate with the unit or individual who draws the water or the owner of the farmland water conservancy project, and report it to the authority with jurisdiction The water administrative department of the local people's government at or above the county level agrees.

The occupier shall build a replacement project with equivalent benefits and functions as the occupied farmland water conservancy project facilities; if the conditions for construction of a replacement project are not met, the occupation compensation fee shall be paid according to the total investment in the construction of the replacement project; causing Any increase in operating costs and other losses shall be compensated in accordance with the law. Compensation standards are formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Article 25 If farmland water conservancy project facilities cannot continue to be used because they have exceeded their designed service life, have basically lost their irrigation and drainage functions, or are seriously damaged, the project owner or management unit shall promptly dispose of and eliminate them in accordance with relevant regulations. potential safety hazards, and inform relevant water administrative departments of local people's governments at or above the county level.

Chapter 5 Irrigation and Drainage Management

Article 26 The water administrative departments of the people’s governments at or above the county level shall strengthen the supervision and guidance of farmland irrigation and drainage and provide technical services.

Article 27: Farmland irrigation water shall be subject to a system combining total volume control and quota management.

Crop irrigation water quotas are formulated and announced in accordance with the authority and procedures stipulated in the "National Water Law of the People's Republic of China".

The water price for farmland irrigation water should be reasonably determined, and paid use and metered charging should be implemented.

Article 28 The management unit of the irrigation area shall formulate the water use plan and dispatch plan in the irrigation area based on the annual water withdrawal plan approved by the water administrative department of the people's government at or above the county level with jurisdiction, and sign a contract with the water users. Water Agreement.

Article 29 Farmland irrigation water shall comply with corresponding water quality standards.

The environmental protection departments of local people's governments at or above the county level should work with the water administrative departments and agricultural departments to strengthen water quality monitoring of farmland irrigation water.

Article 30 The state encourages the adoption of advanced and applicable farmland drainage technologies and measures to promote the transformation of saline-alkali lands and medium- and low-yield fields; control and rationally utilize farmland drainage to reduce fertilizer loss and prevent agricultural non-point source pollution.

Article 31 The water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall organize the farmland irrigation and drainage tests in their respective administrative regions. Irrigation test stations should conduct experimental research on farmland irrigation and drainage, strengthen the demonstration and promotion of scientific and technological achievements, and guide water users in scientific irrigation and drainage.

Article 32 The state encourages the promotion of the application of water-saving irrigation technologies such as sprinkler irrigation, micro-irrigation, pipeline water irrigation, channel anti-seepage water irrigation, as well as advanced agricultural machinery, agronomy and biotechnology, etc., to improve Irrigation water efficiency.

Article 33: Main grain-producing areas, areas with serious water shortages, fragile ecological environments, and areas with overexploitation of groundwater should give priority to the development of water-saving irrigation.

The state encourages enterprises, rural collective economic organizations, farmers' water cooperative organizations and other units and individuals to invest in the construction of water-saving irrigation facilities, and adopts financial subsidies and other means to encourage the purchase of water-saving irrigation equipment.

Article 34 When planning and constructing agricultural production bases for commercial grain, cotton, oil, vegetables, etc., local water resources conditions should be fully considered. In areas where water resources are scarce, the development of high-water-consuming crops is restricted; in areas where groundwater is overexploited, new use of groundwater for farmland irrigation is prohibited. Chapter 6 Guarantee and Support

Article 35 The construction of farmland water conservancy projects shall implement a combination of government investment and social investment.

People’s governments at or above the county level should raise funds for farmland water conservancy project construction through multiple channels to ensure investment in farmland water conservancy construction.

Article 36 The people's government at the county level shall promptly announce the annual implementation plan, construction conditions, subsidy standards and other information for the construction of farmland water conservancy projects, and guide social forces to participate in the construction of farmland water conservancy projects.

Local people's governments at or above the county level should support social forces in carrying out farmland water conservancy project operations by providing farmland irrigation services, collecting water supply fees, etc., and ensuring their legitimate business profits.

The water administrative departments of local people’s governments at or above the county level shall provide guidance and technical support for social forces to participate in the construction and operation of farmland water conservancy projects.

Article 37 The state guides financial institutions to launch financial products and service methods that are consistent with the characteristics of farmland water conservancy project projects, and increase credit support for the construction of farmland water conservancy projects.

The electricity used for farmland irrigation and drainage follows the electricity price for agricultural production.

Article 38 The people’s government at the county level shall establish and improve the grassroots water conservancy service system and include the public welfare business funds of grassroots water conservancy service agencies into the government budget at the same level. Grassroots water conservancy service agencies should perform public welfare functions such as farmland water conservancy construction management and science and technology promotion.

The state supports professional service organizations to carry out public welfare work such as farmland irrigation and drainage, farmland water conservancy project facility maintenance, etc. through government purchase of services.

Article 39 The water administrative department of the people’s government at or above the county level shall, in conjunction with the relevant departments of the people’s government at the same level, formulate a catalog and training plan for the promotion of new farmland water conservancy technologies, and strengthen the training of grassroots water conservancy service personnel and farmers. training.

Article 40 Units and individuals that have made outstanding achievements in farmland water conservancy work will be commended in accordance with relevant national regulations. Chapter 7 Legal Responsibilities

Article 41 In violation of the provisions of these Regulations, the water administrative departments and other relevant departments of the people's governments at or above the county level fail to perform farmland water conservancy management and supervision in accordance with the law. If the responsible leaders and directly responsible personnel commit a crime, they shall be punished in accordance with the law; if the responsible leaders and directly responsible personnel constitute a crime, they shall be held criminally responsible in accordance with the law.

Article 42 If, in violation of the provisions of these Regulations, the farmland water conservancy project operation and maintenance unit determined by the people's government at or above the county level fails to carry out maintenance and dispatching in accordance with regulations, or fails to implement the annual water withdrawal plan, the county level The water administrative department of the above local people's government shall order corrections; if a liability accident occurs or other major losses occur, the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; if the directly responsible person in charge and other directly responsible persons constitute a crime, Investigate criminal liability in accordance with the law.

Article 43 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be ordered by the water administrative department of the local people's government at or above the county level to cease the illegal acts and restore the original status within a time limit or take remedial measures; If the original status is restored or remedial measures are taken, enforcement shall be enforced in accordance with the law; if losses are caused, civil liability shall be borne in accordance with the law; if a violation of public security management is constituted, public security management penalties shall be imposed in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

(1) Stacking objects that hinder the water storage, transportation, and drainage of farmland water conservancy project facilities;

(2) Construction of buildings and structures that hinder the water storage, water transportation, and drainage of farmland water conservancy project facilities;

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(3) Unauthorized occupation of agricultural irrigation water sources and farmland water conservancy engineering facilities.

Article 44 Anyone who violates the provisions of these Regulations by occupying or destroying farmland water conservancy project facilities, or engaging in blasting, digging wells, quarrying, earth borrowing, etc. that endangers the safety of farmland water conservancy project facilities shall be punished in accordance with the " It shall be dealt with in accordance with the provisions of the People's Republic of China and the National Water Law.

Anyone who violates the provisions of these regulations by discharging sewage, dumping garbage and other waste into ponds, dams, ditches, etc. shall be dealt with in accordance with the provisions of relevant laws and administrative regulations on environmental protection.