Flexible Provisions of Ganzi Tibetan Autonomous Prefecture on the Implementation of People's Republic of China (PRC) Water Law in Sichuan Province

Article 1 In order to effectively strengthen the protection and management of water resources, realize the sustainable utilization of water resources, and meet the needs of economic and social development in Ganzi Tibetan Autonomous Prefecture, according to the Law of People's Republic of China (PRC) on Regional Ethnic Autonomy and the Provisions of the State Council on Implementing the Law of People's Republic of China (PRC) on Regional Ethnic Autonomy, Provisions of Sichuan Province on the Implementation of the Law on Regional Ethnic Autonomy in People's Republic of China (PRC), the Law on Water for Ethnic Minorities in People's Republic of China (PRC) and the Law on Regional Ethnic Autonomy in Sichuan Article 2 These adaptive provisions are applicable to the development, utilization, conservation, protection, management and prevention of water disasters within the administrative area of Ganzi Tibetan Autonomous Prefecture (hereinafter referred to as the Autonomous Prefecture).

The term "water resources" as mentioned in these flexible provisions includes surface water and groundwater. Article 3 The people's governments of autonomous prefectures and counties shall incorporate the development, utilization, conservation, protection, control and prevention of water disasters into national economic and social development plans, increase financial input, strengthen the construction of water conservancy infrastructure, and establish a compensation mechanism for the development and utilization of water resources.

People's governments at all levels should take measures to strengthen the protection of natural forests, returning farmland to forests, returning grazing to grassland and ecological migration, and strengthen water conservation, soil and water conservation and wetland protection. Article 4 The comprehensive water resources planning of Autonomous Prefecture shall be compiled by the water administrative department of Autonomous Prefecture in conjunction with the relevant departments at the state level, approved by the people's government of Autonomous Prefecture, and reported to the water administrative department at the next higher level for the record. The comprehensive water resources planning of rivers and lakes controlled by the state shall be compiled by the water administrative department of the autonomous prefecture in conjunction with the relevant departments at the state level and the people's governments of relevant counties, and submitted to the people's government of the autonomous prefecture for approval. The comprehensive planning of county water resources management shall be compiled by the county water administrative department in conjunction with relevant departments at the same level, approved by the county people's government, and reported to the water administrative department of autonomous prefecture for the record. The comprehensive planning of water resources in Autonomous Prefecture shall be subject to the comprehensive planning of river basin water resources and the comprehensive planning of water resources in the whole province.

Professional planning shall be compiled by the relevant departments of the people's governments at or above the county level, and submitted to the people's governments at the same level for approval after soliciting the opinions of other relevant departments at the same level. Professional planning should obey the comprehensive planning of water resources in autonomous prefecture.

Comprehensive water resources planning should be coordinated with national economic and social development planning, overall land use planning, overall urban planning and environmental protection planning, taking into account the needs of various regions and industries.

The approved plan must be strictly carried out. The revision of the plan must be approved by the original approving authority.

The planning requirements are included in the budgets of relevant departments and guaranteed by the finance at the same level. Article 5 The development and utilization of water resources shall first meet the domestic water needs of urban and rural residents, taking into account the needs of agriculture, industry, ecological environment and shipping.

Water engineering construction should protect the ecological environment, maintain the reasonable flow of rivers, the reasonable water level of lakes and reservoirs and the natural purification capacity of water bodies, reserve ecological water for rivers in accordance with relevant regulations, prevent soil erosion, and take into account the needs of flood control, water supply, irrigation, fisheries and ecology.

Natural persons, legal persons or other organizations that develop and utilize water resources within the territory of Autonomous Prefecture shall complete the construction project planning consent, water resources demonstration, water intake permit, water and soil conservation scheme and environmental impact assessment of construction projects, wading project construction scheme, fishery resources environmental impact assessment review and remedial measures approval report, and flood control impact assessment report, and accept the supervision and inspection of water administrative departments and environmental protection administrative departments after examination and approval. Article 6 The people's governments of autonomous prefectures and counties shall strengthen the construction of hydrological and water resources management information systems.

The water administrative department of the Autonomous Prefecture shall strengthen the dynamic monitoring of water resources and the monitoring of water project flow. Seventh Autonomous Prefecture shall implement the system of paid use of water resources, and in accordance with the principle of market-oriented allocation of resources, publicly transfer the right to develop hydropower resources in various ways.

The water administrative department of the Autonomous Prefecture shall be responsible for the unified management and supervision of water resources within its administrative area in accordance with the hierarchical management authority, and shall be responsible for the organization and implementation of the water permit system and the paid use system of water resources within its scope of functions and powers.

Natural persons, legal persons or other organizations that have obtained the right to develop hydropower resources and develop and construct hydropower stations within the jurisdiction of Autonomous Prefecture shall register at the location of the project and pay the water resources fee, compensation fee for soil and water conservation facilities, fishery resources proliferation protection fee, river (dike) construction and maintenance management fee and compensation fee for hydropower resources development according to law.

The water resource fee is levied according to the actual power generation and the upper limit stipulated by the provincial government, and the rest is levied according to the provisions of the provincial government. Article 8 The water resources fees, compensation fees for soil and water conservation facilities, proliferation and protection fees for fishery resources, management fees for river (dike) construction and maintenance, and compensation fees for water resources development collected by the Autonomous Prefecture according to law shall be used exclusively for the conservation, protection, planning management and development and utilization of water resources in the Autonomous Prefecture. Ninth hydropower stations built across autonomous prefectures and along the border, autonomous prefectures should share the tax revenue of the project, the specific proportion, according to the provisions of the people's government at a higher level.

Taxation of water resources development and utilization planning and survey and design projects undertaken by survey and design units within the jurisdiction of Autonomous Prefecture shall take care of the interests of the project location.