Notice of the State Council on Issuing the "Water Conservancy Industry Policy"
Guofa [1997] No. 35
(September 4, 1997)
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all agencies directly under the State Council:
The State Council agrees with the "Water Conservancy Industry Policy" formulated by the State Planning Commission in conjunction with the Ministry of Water Resources and other relevant departments, and is hereby issued to you. Please comply.
Water Conservancy Industry Policy
(State Planning Commission, September 4, 1997)
The State Council has recently approved and promulgated the National Planning Commission, together with the Ministry of Water Resources and other relevant departments. The full text of the "Water Conservancy Industry Policy" is as follows:
In order to promote the rational development and sustainable utilization of water resources, effectively prevent floods and droughts, and alleviate the constraints of water conservancy on the development of the national economy, this policy is formulated.
This policy is formulated based on: "Water Law of the People's Republic of China", "Water and Soil Conservation Law of the People's Republic of China", "Water Pollution Prevention and Control Law of the People's Republic of China" Law of the People's Republic of China, the Flood Control Law of the People's Republic of China, and the Ninth Five-Year Plan for the National Economic and Social Development of the People's Republic of China and the Outline of Long-term Goals for 2010.
This policy applies to all areas within the territory of the People's Republic of China (except Taiwan, Hong Kong, and Macao), and applies to comprehensive management of rivers and lakes, flood control and waterlogging control, irrigation, water supply, water resources protection, Hydropower generation, soil and water conservation, river dredging, sea dike construction and other activities to develop water conservancy and prevent and control water damage.
Chapter 1 General Principles
Article 1 The goals of this policy are: clarify the nature of the project, rationalize investment channels, expand funding sources; reasonably determine prices, standardize various charges, and promote Water conservancy industrialization; promote water conservation, protect water resources, and achieve sustainable development. During the implementation period of this policy, my country's flood prevention and disaster resistance capabilities will be significantly improved, and water supply conflicts will be effectively alleviated.
Article 2 Water conservancy is the infrastructure and basic industry of the national economy. People's governments at all levels should put the strengthening of water conservancy construction in an important position, set clear goals, take effective measures, and implement the leadership responsibility system. Water administrative departments at all levels should work with relevant departments and regions to prepare comprehensive river basin plans and comprehensive regional plans before the year 2000, and submit them for approval in accordance with the law as the basis for formulating water conservancy construction plans and related special plans, and do a good job in inspection and implementation of plans. Supervise work. Any construction activities that violate the planning are strictly prohibited.
Article 3 The overall planning of the national economy, urban planning and the layout of major construction projects must consider flood control safety and water resources conditions, and must have flood control and waterlogging removal, water supply, water resources protection, water and soil conservation, and water resources. Special plans or demonstrations in pollution prevention and control, water conservation, etc.
Article 4 The focus of water conservancy construction during the implementation period of this policy is: flood control control projects in rivers and lakes, urban flood control, safe construction of flood storage and detention areas, maintenance and construction of sea dikes, and improvement of existing water conservancy facilities. Renewal and reconstruction, especially the removal and reinforcement of dangerous reservoirs and embankments, drinking water for humans and animals in arid areas, inter-regional water diversion and water source projects in water shortage areas, water supply, water saving and water resources protection, farmland irrigation and drainage, soil and water conservation, water supply Comprehensive utilization of resources, hydropower generation, and research and development projects on water conservancy technology.
Article 5: The state strengthens the management of water resources, implements the principles of comprehensive planning, rational development, comprehensive utilization, and ecological protection for water conservancy construction, and adheres to the combination of eliminating harm and promoting benefits, and combining temporary and permanent treatments. Combining new construction with renovation, combining revenue generation with cost reduction.
Article 6: The state implements a policy of giving priority to the development of the water conservancy industry and encourages all sectors of society and foreign investors to invest in water conservancy projects through multiple channels and methods. On the premise of adhering to social benefits, we should actively explore effective ways of water conservancy industrialization and accelerate the process of water conservancy industrialization. Efforts should be made to improve the economic benefits of water conservancy projects. Meet the domestic water needs of urban and rural residents, and coordinate the water needs of industry, agriculture and shipping. Pay attention to water environment protection and diversified operations, and gradually form a sound operating mechanism for the input and output of the water conservancy industry.
Chapter 2 Project Classification and Fund Raising
Article 7 Water conservancy construction projects are divided into two categories according to their functions and roles: Category A is the backbone project of flood control and waterlogging, farmland irrigation and drainage , urban flood control, soil and water conservation, water resources protection and other projects with mainly social benefits and strong public welfare; Category B includes water supply, hydropower generation, reservoir aquaculture, water tourism and comprehensive water conservancy management, etc. with mainly economic benefits and both Projects with certain social benefits. The determination of Category A and B projects shall be clarified by the project approval unit in the approval of the project proposal.
Article 8 The construction funds for Category A projects are mainly arranged from central and local budget funds, water conservancy construction funds and other fiscal funds that can be used for water conservancy construction. It is necessary to clarify that specific government agencies or social welfare institutions are responsible for Category A projects, and are responsible for the entire process of project construction and bear risks.
Article 9 Construction funds for Category B projects are mainly raised through non-financial funding channels. Category B projects must implement the project legal person responsibility system and capital system, and the capital rate shall be implemented in accordance with relevant national regulations.
Article 10 According to the role and scope of benefits, water conservancy construction projects are divided into two categories: central projects and local projects. Central projects refer to backbone management projects of large rivers across provinces (autonomous regions, municipalities directly under the Central Government) and water diversion and comprehensive utilization of water resources across provinces (autonomous regions, municipalities directly under the Central Government) and across river basins, and other projects that have a significant impact on the overall national economy. Local projects refer to projects such as flood control and waterlogging removal, urban flood control, irrigation and drainage, river regulation, water supply, soil and water conservation, water resources protection, and small and medium-sized hydropower construction that benefit local areas.
Article 11 Investment in central projects shall be shared equally by the central government and beneficiary provinces (autonomous regions, municipalities directly under the Central Government) according to the degree of benefit, scope of benefit, and economic strength; the management of key water and soil erosion areas shall be mainly the responsibility of local governments , the central government will provide appropriate subsidies; other types of water conservancy projects that benefit local governments and departments will be jointly invested and constructed by the beneficiary local governments and departments according to the degree of benefit, in accordance with the principle of "who benefits, who bears the burden"; the central government provides funding and construction through various channels Appropriate subsidies will be given to important water conservancy construction projects in minority areas and poor areas.
Article 12 The investment required for Category A projects such as flood control and waterlogging control and urban flood control in local projects shall be funded by the local people's government from funds within the local budget, comprehensive agricultural development funds, industry-to-agriculture funds, Water conservancy special funds and other local funds and subsidized loans should be arranged. At the same time, attention should be paid to the use of funds and labor input from agricultural production and operation organizations and agricultural workers.
Article 13 People's governments at all levels must gradually increase investment in water conservancy construction based on the fiscal growth at the same level, and study and formulate preferential policies to promote water conservancy industrialization. Policy loans from the China Development Bank and the Agricultural Development Bank, as well as loans from foreign governments and international financial organizations controlled by the state, should be appropriately increased for water conservancy construction.
Article 14 In order to expand the sources of funds for water conservancy construction, it is necessary to comply with the relevant provisions of the "Notice of the State Council on Issuing the "Interim Measures for the Raising and Use Management of Water Conservancy Construction Funds"" (Guofa [1997] No. 7) , Establish and improve central and local water conservancy construction funds and their use and management methods.
Article 15: For flood prevention and waterlogging and management projects in areas prone to flood disasters on important rivers, the local people's government at the prefecture (city) level may raise funds on a project-by-project basis. Fund-raising plans must be approved by the provincial people's government and reported to the planning and finance department of the State Council for filing. Raising funds from farmers must strictly abide by relevant laws and relevant regulations of the State Council. The bills used to raise funds must be printed by the financial authorities at or above the provincial level. Audit and supervision departments must strictly supervise the use of funds.
Article 16: Accelerate the pace of renewal and renovation of water conservancy facilities. People's governments at all levels must include the renewal and reconstruction of water conservancy facilities in their plans and arrange corresponding funds; depreciation fees for water conservancy projects can only be used for the renewal and reconstruction of water conservancy facilities and must not be misappropriated.
Chapter 3 Prices, Charges and Management
Article 17 The state implements a paid use system for water resources, and levies water resources fees in accordance with the law on units that draw water directly from the ground or from rivers and lakes. . The measures for the collection and use of water resources fees are formulated by the State Council. Before the State Council officially promulgates them, they will be temporarily implemented in accordance with the relevant regulations of the provinces (autonomous regions and municipalities directly under the Central Government). The water resources fees collected must be used as special funds, included in budget management, and earmarked for special use.
Article 18 The state implements a water abstraction licensing system, and the water administrative department of the State Council is responsible for the organization, implementation, supervision and management of the national water abstraction licensing system. Specifically, it shall be implemented in accordance with the provisions of the "Implementation Measures for the Water Licensing System" promulgated by the State Council (State Council Order No. 119).
Article 19: River engineering construction and maintenance management fees, soil erosion prevention and control fees, river sand mining management fees, and compensation fees for occupation of agricultural irrigation water sources and irrigation and drainage engineering facilities stipulated in relevant laws, regulations and relevant national policies and other administrative charges shall be collected in full by the water administrative departments at all levels within two years; the charging methods for water conservancy projects directly managed by river basin agencies shall be formulated by the finance and planning departments of the State Council in conjunction with the water administrative departments. The above charges must be used for the maintenance, construction and operation management of water conservancy facilities.
Article 20: Reasonably determine the prices of water supply, hydropower and other water conservancy products and services to promote water conservancy industrialization. The water supply price for new water conservancy projects should be set according to the principles of meeting operating costs and expenses, paying taxes, returning loans and obtaining reasonable profits. The water supply price of the original water conservancy project should be gradually adjusted within three years according to the national water price policy and the principles of cost compensation and reasonable income, distinguishing different uses, and then be adjusted in a timely manner according to changes in water supply costs. The price department of the people's government at or above the county level shall formulate and adjust water prices in conjunction with the water administrative department.
Article 21 The water administrative departments at or above the provincial level must work with relevant departments to classify existing water conservancy construction projects into Category A and B. The specific classification methods will be stipulated separately. The maintenance, operation and management fees for Category A projects are paid by the fiscal budgets at all levels, and the maintenance, operation and management fees for Category B projects are paid by the business revenue of the enterprise.
Article 22 After the water price is increased and the water conservancy administrative fees related to Category B projects are collected in full, the management unit of Category B water conservancy construction projects must be transformed into an enterprise.
Article 23 The water administrative department of the State Council shall be responsible for the supervision of the maintenance and appreciation of the value of state-owned water conservancy assets. In accordance with the principles of unified state ownership, hierarchical government supervision, and independent enterprise operation, establish a state-owned assets management, supervision, and operation system with clear rights and responsibilities. For the maintenance and appreciation of the value of collectively owned water conservancy assets, separate management measures will be formulated in accordance with relevant national regulations.
Article 24 The state encourages the management of collectively owned barren hills, barren ditches, barren hills, barren shoals and other soil and water loss areas through leasing, auctioning, joint stock cooperation, contracting and other forms. The use period principle is The upper limit is 50 years. Within the prescribed period of use, those who operate or manage through contracting, leasing, or joint-stock cooperation may be inherited and transferred in accordance with the law; those who purchase the right to use shall have the rights to inherit, transfer, mortgage, and participate in joint ventures in accordance with the law. Encourage the construction and operation of small water conservancy projects in various forms.
Chapter 4 Water Saving, Water Resources Protection and Water Conservancy Technology
Article 25 Strengthen planned water use, strictly implement water conservation, and rationally allocate water resources. All industries and regions of the national economy must implement various water management systems stipulated by the state, vigorously popularize water-saving technologies, and save all types of water.
Article 26 Agriculture must vigorously promote water-saving irrigation, research and promote agricultural dry farming technology and water-saving technologies such as channel lining, pipeline water transmission, sprinkler irrigation, drip irrigation, and seepage irrigation, and change flood irrigation as soon as possible and other irrigation methods that waste water resources. Project approval units at all levels should give priority to agricultural water-saving projects and increase investment. For water-saving projects that meet loan conditions and have the ability to repay, the China Development Bank and the Agricultural Development Bank shall give priority to loan arrangements. People's governments at all levels should arrange financial interest discounts on loans for agricultural water-saving projects based on circumstances.
Article 27 Strictly implement relevant regulations on water conservation and water quota management. Water-using units must adopt water-saving measures such as recycling water and using one water for multiple uses, and vigorously develop and promote water-saving technologies. In areas with water shortages, the development of water-intensive industries must be strictly restricted. Proposals for new high-water-consuming projects must include special demonstrations of water use, otherwise the project will not be approved and constructed. For water exceeding the quota, additional charges will be imposed. Specific measures shall be formulated by the people's governments of provinces (autonomous regions and municipalities directly under the Central Government).
Article 28 Strengthen water resources protection. Water administrative departments at or above the provincial level shall work with relevant departments to prepare special plans for water resources protection in river basins and submit them for approval in accordance with the law. Local people's governments at or above the county level shall organize the formulation of water resources protection plans for their own administrative regions in accordance with the legally approved water resources protection plans for river basins, incorporate them into the government's mid- to long-term plans and annual plans for national economic and social development, and conscientiously organize and implement them. . All construction projects must have plans and measures for water resources protection.
Article 29: When developing, utilizing and dispatching water resources, the water administrative department and other relevant departments must make overall plans and maintain reasonable flows of rivers and reasonable water levels of lakes, reservoirs and underground water bodies. Provincial people's governments must designate protected areas in accordance with the law for surface and underground sources of drinking water, water bodies in scenic spots, important fishery water bodies and other water bodies with special economic and cultural value, and take strict measures to ensure that the water quality in protected areas meets regulations. Standards for use.
Article 30 People's governments at all levels must strengthen the prevention and control of water pollution in accordance with the provisions of the "Law of the People's Republic of China on the Prevention and Control of Water Pollution". Enterprises that cause water pollution shall be rectified and technologically transformed, and comprehensive prevention and control measures shall be adopted to rationally utilize water resources and reduce the discharge of wastewater and pollutants.
Article 31: Establish an economic compensation mechanism to protect water resources and restore the ecological environment. Any living, production activities and construction projects must prevent soil erosion and water pollution. Units that cause soil erosion and water pollution must be responsible for treatment and bear all treatment costs. The establishment, reconstruction or expansion of sewage outlets within canals, channels, reservoirs, etc. must be approved by the water administrative department.
Article 32 The state encourages the research, development, introduction, digestion, and popularization of water conservancy technologies and water pollution prevention and control technologies, focusing on flood control, drought relief, and disaster reduction technologies, river channel regulation technologies, dredging technologies, and large-scale water conservancy projects. Key technologies, water-saving technologies, biological treatment of water pollution technologies, comprehensive utilization and treatment technologies of high-concentration organic wastewater, scientific sewage discharge technologies, sewage resource utilization technologies, and new materials, new structures and new processes for water conservancy construction. It is necessary to continuously improve the modernization level of water conservancy survey and design, project management, technical facilities and equipment, and gradually establish a water conservancy information network.
Chapter 5 Implementation
Article 33 The State Planning Commission is responsible for the interpretation of this policy. The water administrative department of the State Council shall, together with relevant departments, formulate implementation rules and organize their implementation. The implementation rules shall be reported to the State Planning Commission for filing. Problems encountered during implementation will be coordinated by the State Planning Commission.
Article 34 The provincial planning department shall work with the provincial water administrative department to formulate a specific implementation plan, which shall be implemented after approval by the provincial people's government and reported to the National Planning Commission for filing.
Article 35 This policy shall be effective from the date of issuance until 2010.