On June 28, the Ministry of Water Resources and the Ministry of Natural Resources issued the Measures for the Protection and Utilization of Groundwater, the full text of which is as follows.
Management measures for the protection and utilization of groundwater
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Water Law of the People's Republic of China, the Regulations on the Management of Groundwater, the Regulations on the Administration of Water Intake Permits and the Collection of Water Resources Fees, and other relevant laws and regulations, so as to strengthen the management of groundwater protection and development and utilization, ensure the sustainable use of groundwater resources, and promote the construction of ecological civilization.
Article 2 Units and individuals developing and utilizing groundwater, as well as water administration and natural resources departments engaged in activities such as groundwater conservation and protection, development and utilization management, and groundwater resources investigation and evaluation (hereinafter referred to as river basin management bodies) and their staffs, shall abide by these Measures.
Article 3 The Ministry of Water Resources shall be responsible for the unified supervision and management of groundwater nationwide. The Ministry of Natural Resources shall do a good job in groundwater investigation and monitoring in accordance with the division of duties.
The river basin management agency shall, in accordance with laws, regulations and the authorization of the Ministry of Water Resources, be responsible for the supervision and management of groundwater within its jurisdiction.
In accordance with the hierarchical management authority provided by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, the competent water administrative departments of local people's governments at or above the county level are responsible for the unified supervision and management of groundwater within their respective administrative areas, and the competent departments for natural resources of local people's governments at the county level or above are to complete groundwater investigation and monitoring and other related work within their administrative areas in accordance with their duties and division of labor.
Chapter II: Investigation, Evaluation and Planning
Article 4: The competent departments for water administration and natural resources of people's governments at the county level or above shall, in accordance with their duties and division of labor, lawfully carry out investigation and evaluation of groundwater resources. The investigation and evaluation of groundwater resources may carry out annual investigation and evaluation and periodic investigation and evaluation. In the periodic survey and evaluation, groundwater overexploitation treatment can be carried out every five years, and other areas can be carried out every ten years.
Article 5 The competent water administrative departments of people's governments at or above the county level shall, in accordance with the arrangements of the people's governments at the same level and the competent water administrative departments of the people's governments at the level above, work together with the natural resources departments at the same level to prepare plans for the protection and utilization of groundwater, lawfully perform procedures such as soliciting opinions, demonstrating, and evaluating them, and report them to the people's governments at the same level or the departments authorized by them, and publish them to the public, and report them to the competent water administrative departments of the people's governments at the level above for the record.
The plans for the protection and utilization of groundwater prepared by the competent water administrative departments of provincial-level people's governments shall solicit the opinions of the river basin management agencies involved.
Where the plan for the protection and utilization of groundwater needs to be revised, it shall be approved and implemented in accordance with the original procedures.
Article 6 Planning for the protection and utilization of groundwater shall be subject to the comprehensive planning for water resources, the comprehensive plan for river basins and the plan for the protection and utilization of groundwater at the next higher level. Planning for the protection and utilization of groundwater shall include groundwater resources and the status quo of their development and utilization, regional hydrogeological conditions, existing problems, groundwater protection and utilization objectives, main tasks and measures, etc., and make systematic arrangements for the rational utilization, effective protection, treatment and restoration of groundwater in the jurisdiction.
Once the plan for the protection and utilization of groundwater is approved, it must be strictly implemented, and if it is really necessary to revise it, it shall be submitted to the original approval organ for approval in accordance with the planning preparation procedures.
Article 7: The development and utilization of groundwater such as regional economic and social development plans, territorial spatial plans, and the layout of major construction projects shall be compatible with groundwater resource conditions and groundwater protection requirements. Special plans for regional industry, agriculture, animal husbandry, forestry and grassland, municipal, energy, transportation, tourism, natural resources development, and other special plans involve the development and utilization of groundwater, and shall be linked with plans for the protection and utilization of groundwater.
Where regional industry, agriculture, animal husbandry, forestry and grassland, municipal, energy, transportation, tourism, natural resources development and other special planning and development zones and new area planning involve the development and utilization of groundwater, they shall conduct demonstration of planned water resources, analyze and evaluate the scale and rationality of groundwater demand, the feasibility and reliability of water resources allocation schemes, and the impact on groundwater environment and important ecosystems, and put forward demonstration opinions and suggestions for planning optimization and adjustment.
Article 8 The Ministry of Water Resources, in conjunction with the Ministry of Natural Resources and other departments, shall formulate systems, standards and regulations related to groundwater reserves.
The competent water administration departments of local people's governments at or above the county level shall, in conjunction with the competent departments for natural resources and other departments of people's governments at the same level, clarify the layout of groundwater reserves, delimit the scope of reserves, clarify the level, reserve amount and water quality of reserve aquifers, and formulate plans for the use of groundwater reserves.
The use of groundwater reserves in special drought years and major emergencies shall be implemented by the competent water administration department of the local people's government at or above the county level after reporting to the people's government at the corresponding level for approval, and shall be reported to the competent water administrative department at the level above and the river basin management agency for the record.
Chapter III: Conservation, Protection, Development and Utilization
Article 9: The total amount of groundwater withdrawn within the administrative areas of districted cities and counties shall not exceed the total groundwater withdrawal control targets formulated by the competent water administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with relevant departments such as for natural resources at the corresponding level, and issued and implemented after approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The formulation of groundwater level control indicators in over-extraction areas should take into account different water sources, as well as groundwater pollution, ecological and geological environmental impacts that may be caused by changes in groundwater levels.
The Ministry of Water Resources is responsible for organizing the formulation of total groundwater withdrawal control indicators and groundwater level control indicators. The river basin management body shall guide and supervise the consultation and determination of the total amount of groundwater withdrawal and groundwater level control index of neighboring provinces, autonomous regions and municipalities directly under the Central Government belonging to the same hydrogeological unit in the basin. The competent water administrative departments of people's governments at or above the county level shall, according to the needs of management work, prepare management plans for the control of the total amount of groundwater withdrawn and the control of water levels.
Article 10 The indicators for controlling the total amount of groundwater withdrawn and the indicators for controlling groundwater levels issued by people's governments at or above the county level shall serve as an important basis for the groundwater target responsibility system, assessment and evaluation, the management of groundwater intake permits, and the comprehensive treatment of groundwater overexploitation.
The competent water administration departments of people's governments at the county level or above shall, in conjunction with the competent departments for natural resources at the same level, monitor the implementation of the indicators. The river basin management body shall supervise and manage the implementation of indicators in the relevant provinces, autonomous regions and municipalities directly under the Central Government within the scope of river basin management.
Article 11: Areas that do not meet the requirements for total groundwater withdrawal control and groundwater level control shall suspend the approval of new groundwater withdrawals, carry out analysis, assessment, optimization and adjustment of the layout of groundwater withdrawal projects within their administrative areas, formulate plans for reducing the total amount of groundwater withdrawn in the region, gradually reduce the amount of groundwater withdrawn, and make rectification within a time limit.
Article 12: Where a water intake permit for groundwater intake needs to be renewed upon expiry of its validity period, the water intake permit examination and approval authority shall assess the permitted water withdrawal, actual water withdrawal, water conservation level, local water supply and demand status, and other such circumstances as the original approval permit. If there is any of the six circumstances provided for in Article 25 of the Regulations on the Management of Groundwater, it shall not be renewed.
If a water intake permit has been obtained before the implementation of the Regulations on the Management of Groundwater, but the provisions of Article 25 of the Regulations on the Management of Groundwater are not met, the competent water administrative department shall order rectification within a time limit.
Article 13 Groundwater intake projects for the purpose of monitoring or prospecting do not require an application for a water intake permit, and the construction unit shall report to the competent water administrative department of the local people's government at or above the county level for the record before construction.
The filing shall include the following materials:
(1) Legal identification documents of water intake units or individuals;
(2) Construction plans for water intake projects;
(3) hydrogeological conditions;
(4) The location and purpose of water withdrawal;
(5) The starting time and amount of water withdrawal;
(6) The location of water receding, the method of water receding, and the amount of water receiving;
(vii) measures to prevent adverse effects on groundwaters;
(8) Other matters stipulated by the Ministry of Water Resources.
Article 14 For the construction of geothermal energy development and utilization projects that require water withdrawal, water resources demonstration shall be carried out and a water permit shall be obtained from the competent water administrative department with management authority.
Article 15: The competent water administrative departments of local people's governments at the county level or above are responsible for the management of water withdrawal from groundwater backup sources within their administrative areas, and formulate emergency response plans, clarifying the situation of water withdrawal, the amount of water withdrawn, the purpose of water withdrawal, the location of water withdrawal, the level of water withdrawal, protection and management measures, and so forth.
Emergency backup water source intake projects shall go through water intake permit formalities in accordance with law, install metering facilities as required, and maintain them regularly, and a complete and detailed maintenance, operation, and water use record ledger shall be established for emergency backup water sources.
After the emergency standby groundwater source is used at the end of use, the water intake shall be stopped immediately, and after inspection by the local water administrative department, it shall be sealed or hot prepared as required.
Emergency backup water sources shall not be converted to regular water withdrawal without authorization. Where it is truly necessary to convert the emergency backup water source to regular water withdrawal, a new water intake permit shall be applied for in accordance with relevant regulations.
Article 16: The competent water administration departments of local people's governments at the county level or above shall periodically organize and carry out verification of groundwater intake projects within their administrative areas, and register them according to their use in use, sealing, emergency backup (sealing), emergency backup (hot backup), etc., and include them in the relevant information system as required, and shall order rectification or shutdown of water intake projects that do not meet management requirements.
Article 17: The competent water administration departments of local people's governments at or above the county level shall strengthen the management of self-prepared wells in groundwater over-extraction areas, establish accounts for self-prepared wells, propose a list of those that should be shut down, formulate a plan for shutting down within a time limit, and periodically carry out verifications.
Article 18 Where a groundwater intake project is scrapped, not completed, or has completed the task of exploration or testing, the owner or management unit of the project shall, within 15 working days of stopping the water withdrawal, construction or completion of the task of exploration or testing, seal or fill the groundwater intake project in accordance with the relevant standards and specifications, and register with the local water administrative department.
Water intake projects that are in disrepair and of poor groundwater quality shall be permanently sealed, and water withdrawal permits shall be cancelled in a timely manner as required; Water intake projects with good conditions and guaranteed water quality and quantity may be sealed for use after the consent of the competent water administrative department. The competent water administrative departments at or above the county level shall establish a system for the use of groundwater sealing and backup water intake projects, to ensure that they are used in accordance with prescribed procedures under special circumstances.
Article 19 The management of mining drainage and drainage shall be included in regional plans for the protection and utilization of groundwater.
Except for temporary emergency water withdrawal (drainage) that must be carried out to ensure the construction safety and production safety of underground projects such as mines, the amount of groundwater that needs to be drained for mining mineral resources or constructing underground projects reaches the scale, and a water intake permit shall be applied for in accordance with law, and the water withdrawal (discharge) shall be included in the regional groundwater total water withdrawal control index. The scale of drainage shall be formulated and announced by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Units and individuals that exploit mineral resources or construct underground projects shall give priority to the use of drained water as water for production, and the competent water administrative department with jurisdiction shall propose rectification within a time limit for those that can be used but not used; For the drainage water that still has a surplus after full use and really needs to be discharged, it shall be discharged after treatment to meet the relevant management requirements, and if it is necessary to set up a river discharge outlet, the approval procedures for the installation of the river discharge outlet shall be completed according to law.
In order to ensure the construction safety and production safety of underground projects such as mines, temporary emergency water withdrawal (drainage) must be carried out, and shall be filed with the competent water administrative department of the local people's government at or above the county level with jurisdiction as required. Filing materials include:
(1) Legal identification documents of water intake units or individuals;
(2) The place of water withdrawal, the purpose of water withdrawal, the method of water withdrawal, the starting time of water withdrawal, the amount of water withdrawn, etc.;
(3) The quality of water withdrawal, the location of water withdrawal, the method of water retreat, and the amount of water retreated.
Chapter IV: Overmining Governance
Article 20 The Ministry of Water Resources, in conjunction with the Ministry of Natural Resources, shall organize the competent departments of water administration and natural resources of each province, autonomous region or municipality directly under the Central Government to designate areas for overexploitation of groundwater nationwide, and review the results of the delimitation of groundwater overexploitation in each province, autonomous region or municipality directly under the Central Government. Those that pass the examination shall be announced by the Ministry of Water Resources in conjunction with the Ministry of Natural Resources.
The delineation of groundwater overexploitation areas is carried out every five years in areas and every ten years in other areas. The Ministry of Water Resources organizes and carries out dynamic assessment of groundwater overexploitation areas and tracks changes in groundwater overextraction.
After the delineation of groundwater overexploitation areas, the competent water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of the situation of the treatment of groundwater overexploitation and in conjunction with the competent departments of natural resources at the same level, organize the preparation of an adjustment report on groundwater overexploitation areas, and submit an application for review of groundwater overexploitation areas to the Ministry of Water Resources. After the Ministry of Water Resources and the Ministry of Natural Resources review and confirm the situation of groundwater overexploitation in provinces, autonomous regions and municipalities directly under the Central Government, the overexploitation areas may be adjusted and announced to the public in accordance with law.
Article 21: No new groundwater intake projects shall be built, reconstructed, or expanded in areas where groundwater exploitation is prohibited, and the competent water administration departments of local people's governments at or above the county level shall close groundwater intake projects already built in areas where groundwater exploitation is prohibited within a time limit.
In areas where groundwater exploitation is restricted, groundwater withdrawals should be gradually reduced. The water administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for reducing groundwater withdrawal in accordance with the requirements of regional groundwater protection and overexploitation control. In order to ensure the needs of people's livelihood and support high-quality development, or new projects that really need to draw groundwater with special requirements for water use, the permitted amount of water or water use targets should be obtained by reducing the groundwater withdrawal of other water users or through water right trading.
The scope of prohibition and restriction of water withdrawal for geothermal energy development and utilization projects that require water withdrawal shall be organized and delimited by the competent water administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with Article 51 of the Regulations on the Management of Groundwater.
Article 22: The comprehensive treatment plans for groundwater overexploitation in provinces, autonomous regions and municipalities directly under the Central Government shall meet the requirements of the national groundwater protection and utilization plan and groundwater management and protection.
The local water administrative departments at the county level or above shall, in conjunction with the relevant departments at the same level, prepare a comprehensive treatment plan for groundwater overexploitation in that administrative region on the basis of the comprehensive treatment plan for groundwater overexploitation in the province, autonomous region, or municipality directly under the Central Government, and report it to the people's government at the corresponding level for approval and implementation, and report it to the competent water administrative department at the higher level for the record.
Article 23: The preparation of comprehensive treatment plans for regional groundwater overexploitation shall adhere to the problem-oriented approach, put forward the objectives, treatment measures, safeguard measures, etc. for the treatment of groundwater overexploitation in administrative regions, and clarify the responsible entities and the time limit for completion. The protection of important spring areas closely related to groundwater exploitation and the prevention and control of saltwater intrusion in the region should be included in the treatment plan.
The competent water administration departments of people's governments at the county level shall prepare annual work plans in accordance with the comprehensive treatment plan for groundwater overexploitation, and report them to the people's governments at the corresponding level for approval and implementation.
Article 24: Local people's governments at or above the county level shall strengthen water-saving management in groundwater over-extraction areas, complete and improve water-saving systems and water-saving incentive mechanisms, implement water-saving responsibilities, strictly restrict the use of groundwater in groundwater over-extraction areas to develop water-consuming industries and service industries, appropriately reduce high-water-consuming crops, and encourage the reduction of agricultural groundwater through measures such as water-saving transformation, water source replacement, fallow and rain feeding, and planting structure adjustment.
Encourage and support units and individuals that take groundwater in groundwater over-extraction areas to carry out research and development of water-saving technologies, promote the transformation and application of water-saving scientific and technological achievements, popularize new water-saving technologies, give priority to the use of advanced water-saving technologies, equipment and products, improve water efficiency, and vigorously promote the use of unconventional water sources such as reclaimed water, seawater and desalinated seawater, rainwater collection, brackish water, and pit water.
Article 25: The competent water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government that have problems of overexploitation shall, together with natural resources and other departments at the same level, promptly summarize the results of comprehensive treatment of groundwater overexploitation within their jurisdiction, and report the results of the treatment to the Ministry of Water Resources.
Article 26: The competent departments for water administration and natural resources of local people's governments at or above the county level shall actively adopt measures to scientifically demonstrate the feasibility of groundwater recharge in areas where conditions permit, reasonably carry out groundwater recharge and artificial recharge in accordance with relevant prescribed standards, and strengthen the conservation of groundwater sources.
Chapter V: Monitoring and Measurement
Article 27: Groundwater intake projects shall install water intake metering facilities that meet the requirements for accuracy and data transmission reporting in accordance with the provisions of laws and regulations and national and industry technical standards; Where the existing agricultural irrigation groundwater intake project does not have the conditions for installing metering facilities for the time being, it may be measured by means such as electric water folding in accordance with the relevant standards.
Mineral resources exploitation and underground engineering construction shall install metering facilities, accurately grasp the amount of drainage and reuse, and lay groundwater level monitoring facilities as required.
To build geothermal energy development and utilization projects that require water withdrawal, exploration and development units shall install online metering facilities for water intake and recharge, and transmit the metering data to the competent water administrative department in real time.
Article 28: The Ministry of Water Resources, the Ministry of Natural Resources and other relevant departments shall, in accordance with requirements such as the management of groundwater control indicators, the treatment of groundwater overexploitation, and the supervision of groundwater reserves, improve the national network of groundwater monitoring stations and carry out dynamic monitoring of groundwater.
The competent departments for water administration and natural resources of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are to improve the groundwater monitoring work system as needed, carrying out key monitoring of groundwater overexploitation areas, ecologically fragile areas, centralized groundwater drinking water sources, key spring areas, marine (salty) water intrusion areas, groundwater reserve areas, and areas where water level changes are likely to cause abnormal water quality, and promptly provide monitoring information such as groundwater level, quantity, and water quality as required by the competent department at a higher level.
Article 29 Water intake units and individuals shall, in accordance with the relevant laws, regulations and standards on measurement, establish archives of measuring facilities, do a good job in the verification and calibration of measuring instruments, and report to the competent water administrative department with jurisdiction.
Article 30: Water intake units and individuals shall be responsible for the authenticity, accuracy, completeness and timeliness of water intake data, and must not tamper with or falsify groundwater intake metering, monitoring, and statistical data.
Chapter VI: Supervision and Assessment
Article 31: The Ministry of Water Resources shall, in conjunction with the Ministry of Natural Resources, establish a mechanism for reporting changes in the water level in the over-extraction area, based on the monitoring data of the national groundwater monitoring project, supplemented by the monitoring data of the local groundwater monitoring project, and in the case of comprehensive analysis of the fluctuation of the groundwater level in the over-extraction area, report on the changes in the groundwater level of the relevant prefectures and cities in the over-exploitation area on a quarterly basis.
The Ministry of Water Resources shall, on the basis of the reduction of water levels and the ranking of water levels, supervise and guide the treatment of groundwater overexploitation by means of roll call, consultation, and interview with the people's governments of relevant prefectures and municipalities.
The competent water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, in conjunction with the competent departments for natural resources, may establish mechanisms for reporting changes in groundwater levels within their jurisdiction.
Article 32: The competent water administration departments of local people's governments at or above the county level shall strengthen supervision and inspection of the development and utilization of groundwater and water administration law enforcement within their administrative areas, establish joint investigation and handling mechanisms with relevant departments, order the immediate cessation of illegal conduct when illegal water withdrawals are discovered, and investigate and deal with them in accordance with laws and regulations.
The unit or individual being inspected shall truthfully report the situation and provide necessary data and materials.
Article 33: River basin management bodies shall, on the basis of relevant laws and regulations and the authorization of the Ministry of Water Resources, strengthen supervision and inspection of the conservation and protection, development and utilization, overexploitation and management of groundwater conservation and protection by the competent water administrative departments of local people's governments within the river basin, and promptly issue a list of problems and rectification to the relevant water administrative departments according to the severity and frequency of problems found, and supervise the implementation of rectification and reform.
The competent water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen supervision and inspection of the groundwater management and protection work of the competent water administrative departments of the people's governments at the municipal and county levels within their jurisdiction, establish a list of problems for rectification, and supervise the implementation of rectification and reform.
Article 34: Based on the number, nature, and severity of problems discovered during annual supervision and inspection, the competent water administration departments of local people's governments at the higher level shall, in accordance with relevant provisions, pursue the responsibility of relevant responsible units and responsible persons, or put forward suggestions for pursuing responsibility, and when necessary, may notify the relevant local people's governments and put forward suggestions for pursuing responsibility.
Article 35: The competent water administrative departments of local people's governments at the county level or above shall promptly disclose relevant information such as the total amount of groundwater withdrawn and the indicators for water level control in their respective administrative regions, to facilitate citizens, legal persons, and other organizations to participate in the supervision of groundwater management and protection.
Article 36 The Ministry of Water Resources, in conjunction with relevant departments, shall include groundwater management and protection work and the completion of targets in the assessment of the strictest water resources management system, and organize and implement the assessment and evaluation of each province, autonomous region or municipality directly under the Central Government on an annual basis, and the assessment results shall be submitted for examination and approval in accordance with relevant procedures and announced to the public.
Chapter VII Penalties
Article 37: Where competent departments such as for water administration and natural resources and their staffs violate the provisions of these Measures, they shall be dealt with in accordance with the relevant provisions of the Water Law of the People's Republic of China, the Regulations on the Management of Groundwater, and the Regulations on the Administration of Water Intake Permits and the Collection and Administration of Water Resources Fees.
Article 38: Where water intake units or individuals violate the provisions of these Measures, they shall be punished in accordance with the relevant provisions of the Water Law of the People's Republic of China, the Regulations on the Management of Groundwater, and the Regulations on the Administration of Water Intake Permits and Water Resources Fees.
Chapter VIII Supplementary Provisions
Article 39: Local water administrative departments at all levels may refer to these Measures and formulate relevant systems in conjunction with the competent departments for natural resources and other such departments of people's governments at the same level in light of actual work.
Article 40 These Measures shall take effect on the date of issuance.