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Notice of the Ministry of Water Resources and the Ministry of Natural Resources on the issuance of the "Measures for the Protection and Utilization of Groundwater"

Release time:2024-08-23click:1
Water conservancy (water affairs) departments (bureaus) and natural resources authorities of all provinces, autonomous regions, and municipalities directly under the Central Government, Water Conservancy Bureau and Natural Resources Bureau of Xinjiang Production and Construction Corps, and all river basin management agencies:
In order to implement the " "Groundwater Management Regulations" to strengthen the protection, development and utilization management of groundwater and ensure the sustainable use of groundwater. The Ministry of Water Resources and the Ministry of Natural Resources have studied and formulated the "Groundwater Protection and Utilization Management Measures", which are hereby issued to you. Please comply with them.
Ministry of Water Resources Ministry of Natural Resources
2023 June January 28
Groundwater Protection and Utilization Management Measures
Chapter 1 General Provisions
 Article 1 In order to strengthen the protection and development and utilization management of groundwater, ensure the sustainable use of groundwater resources, and promote ecological Civilization construction, these measures are formulated in accordance with relevant laws and regulations such as the Water Law of the People's Republic of China, the Regulations on Groundwater Management, the Regulations on the Administration of Water Licensing and Water Resources Fee Collection.
 Article 2 Units and individuals that develop and utilize groundwater, as well as water administration, natural resources and other activities engaged in groundwater conservation and protection, development and utilization management, groundwater resource investigation and evaluation, etc. The resource authorities and the watershed management agencies under the Ministry of Water Resources (hereinafter referred to as the watershed management agencies) and their staff shall abide by these Measures.
 Article 3 The Ministry of Water Resources is responsible for the unified supervision and management of groundwater nationwide. The Ministry of Natural Resources shall carry out groundwater survey, monitoring and other related work according to the division of responsibilities.
Watershed management agencies are responsible for the supervision and management of groundwater within their jurisdiction in accordance with laws and regulations and authorization from the Ministry of Water Resources.
In accordance with the hierarchical management authority stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the 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 own administrative regions. The natural resources department of the people's government shall, in accordance with the division of responsibilities, conduct groundwater surveys,Monitoring and other related work.
 Chapter 2 Investigation, Evaluation and Planning
 Article 4 People at or above the county level Government water administration, natural resources and other competent departments should carry out investigation and evaluation of groundwater resources in accordance with the division of responsibilities and in accordance with the law. Groundwater resource investigation and evaluation can carry out annual investigation and evaluation and periodic investigation and evaluation. In the periodic survey and evaluation, groundwater overexploitation control areas can be carried out every five years, and other areas can be carried out every ten years.
Article 5 The water administrative department of the people's government at or above the county level shall, in accordance with the arrangements of the water administrative department of the people's government at the same level and the people's government at the next higher level, in conjunction with the The natural resources department at the next level shall prepare a groundwater protection and utilization plan, perform the procedures for soliciting opinions, demonstration and evaluation, etc. in accordance with the law and report it to the people's government at the same level or its authorized department before announcing it to the public, and report it to the water administrative department of the people's government at the next level for record.
The groundwater protection and utilization plan prepared by the water administrative department of the provincial people's government should seek the opinions of the river basin management agencies involved.
If the groundwater protection and utilization plan needs to be revised, it shall be approved and implemented according to the original procedures.
 Article 6 The groundwater protection and utilization plan shall be subject to the comprehensive water resources planning, the comprehensive river basin planning and the higher-level groundwater protection and utilization plan. The groundwater protection and utilization plan should include groundwater resources and their development and utilization status, 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 groundwater protection and utilization plan is approved, it must be strictly implemented. If it really needs to be revised, it must be reported to the original approving authority for approval in accordance with the planning preparation procedures.
 Article 7 The development and utilization of groundwater, such as regional economic and social development planning, land spatial planning, and layout of major construction projects, shall be consistent with groundwater resource conditions and groundwater protection. Requirements adapted. Special plans for regional industry, agriculture, animal husbandry, forestry and grassland, municipal administration, energy, transportation, tourism, natural resource development and other special plans involving the development and utilization of groundwater should be connected with the groundwater protection and utilization plan.
Regional industry, agriculture, animal husbandry, forestry and grassland industry, municipal administration, energy, transportation, tourism, and natural resource developmentSpecial plans such as development zones and new area plans, etc., involving the development and utilization of groundwater, shall conduct planned water resources demonstration, and evaluate the scale and rationality of groundwater demand, the feasibility and reliability of the water resources allocation plan, and the impact on the groundwater environment and important Analyze and evaluate the impact on the ecosystem, and put forward demonstration opinions and suggestions for planning optimization and adjustment.
 Article 8 The Ministry of Water Resources, together with the Ministry of Natural Resources and other departments, shall formulate relevant systems, standards and procedures for groundwater reserves.
The water administrative departments of the local people's governments at or above the county level, in conjunction with the natural resources and other competent departments of the people's governments at the same level, clarify the layout of groundwater reserves, delineate the scope of the reserves, and clarify the water-bearing layers and reserves. and water quality conditions, and formulate a plan for using groundwater reserves.
The use of groundwater reserves in special drought years and major emergencies should be implemented by the water administrative department of the local people's government at or above the county level after approval by the people's government at the same level, and reported to the next level water department. Registration with administrative departments and river basin management agencies.
 Chapter 3 Regulations on Protection, Development and Utilization
Article 9 Districted The total amount of groundwater abstraction within municipal and county-level administrative areas shall not exceed the total amount of groundwater abstraction formulated by the water administrative department of the province, autonomous region, or municipality directly under the Central Government in conjunction with the natural resources and other relevant departments at the same level, and issued for implementation after approval by the people's government of the province, autonomous region, or municipality directly under the Central Government. Control indicators.
The formulation of groundwater level control indicators in overexploitation areas should take into account different water inflow conditions, 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 technical standards for determining total groundwater withdrawal control indicators and groundwater level control indicators. The basin management agency shall provide guidance and supervision on the negotiation and determination of the total amount of groundwater withdrawal control indicators and groundwater level control indicators for adjacent provinces, autonomous regions, and municipalities belonging to the same hydrogeological unit within the basin. The water administrative department of the people's government at or above the county level shall prepare a management plan for the total amount of groundwater withdrawal and water level control based on management needs.
 Article 10 The total amount of groundwater withdrawal control indicators and groundwater level control indicators issued by the people's governments at or above the county level shall be used as the basis for the groundwater target responsibility system, assessment and evaluation, An important basis for groundwater abstraction permit management and comprehensive management of groundwater overexploitation.
The water administrative departments of the people’s governments at or above the county level shall monitor the implementation of indicators in conjunction with the natural resources departments at the same level. The river basin management agency shall supervise and manage the implementation of indicators of relevant provinces, autonomous regions, and municipalities 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 and carry out activities within their respective administrative regions. Analyze, evaluate and optimize the layout of groundwater abstraction projects, formulate a plan to reduce the total amount of regional groundwater abstraction, gradually reduce the amount of groundwater abstraction, and make rectifications within a time limit.
 Article 12 If the validity period of the water abstraction permit for groundwater abstraction has expired and needs to be extended, the water abstraction permit approval authority shall verify the original approved water abstraction volume and actual water abstraction. Assess the amount, water saving level, local water supply and demand conditions, etc. If there is any of the six situations stipulated in Article 25 of the "Groundwater Management Regulations", it will not be extended.
If a water abstraction license has been obtained before the implementation of the "Groundwater Management Regulations", but does not comply with the provisions of Article 25 of the "Groundwater Management Regulations", the water administrative department with jurisdiction shall order There is a time limit for rectification. If the rectification is not completed within the time limit, it will not be extended.
 Article 13 Groundwater abstraction projects for the purpose of monitoring and exploration do not need to apply for a water abstraction permit. The construction unit shall report to the county level or above before construction. The water administrative department of the People's Government shall be registered.
The filing should include the following materials:
(1) Legal identification documents of the water-drawing unit or individual;
< div> (2) Water intake project construction plan;
 (3) Hydrogeological conditions;
 (4) Water intake location and purpose of water intake;< br />
 (5) The starting time and amount of water withdrawal;
 (6) The location, method and amount of water withdrawal;
>
 (7) Measures to prevent adverse effects on groundwater;
 (8) Other matters specified by the Ministry of Water Resources.
 Article 14 To construct a geothermal energy development and utilization project that requires water abstraction, a water resources demonstration should be carried out and a water abstraction permit should be applied to the water administrative department with management authority.
 Article 15 The water administrative department of the local people's government at or above the county level is responsible for the management of water intake from groundwater backup sources within its own administrative region, formulates emergency plans, and clarifies emergency response Alternate water source water withdrawal situation, water withdrawal volume, water withdrawal purpose, water withdrawal location, water withdrawal layer, protection and management measures, etc.
The emergency standby water source water intake project shall handle the water intake permit procedures in accordance with the law, install metering facilities as required, and maintain them regularly. The emergency standby water source shall establish a complete and detailed maintenance, operation, and water use record ledger.
After the use of the emergency backup groundwater source, the water intake should be stopped immediately, and after inspection by the local water administrative department, it should be sealed or hot-backed as required.
It is not allowed to convert emergency backup water sources into normal water intake without authorization. If it is really necessary to convert the emergency backup water source into normal water intake, a new water intake permit should be applied for in accordance with relevant regulations.
 Article 16 The water administrative department of the local people's government at or above the county level shall regularly organize and carry out inspections of groundwater abstraction projects within their own administrative areas, and conduct inspections according to their usage. In-use, sealed and filled, emergency standby (sealed), emergency standby (hot standby), etc. shall be classified and registered, and included in relevant information systems as required. Water intake projects that do not meet management requirements shall be ordered to rectify or shut down.
 Article 17 The water administrative department of the local people's government at or above the county level shall strengthen the management of self-prepared wells in groundwater overexploitation areas and establish a self-prepared well ledger , put forward a list of those that should be shut down, formulate a deadline for shutting down, and carry out regular inspections.
 Article 18 If a groundwater water abstraction project is scrapped, has not been completed, or has not completed the exploration and testing tasks, the project owner or management unit shall stop water abstraction, construction or Within 15 working days from the end of the exploration and testing tasks, the groundwater intake project shall be sealed or filled in accordance with relevant standards and specifications, and shall be registered with the local water administrative department.
For water intake projects that are in disrepair and have poor groundwater quality, they should be permanently sealed and their water intake licenses should be canceled in a timely manner as required; for water intake projects that are in good condition and have guaranteed water quality and quantity, It may be sealed for future use with the consent of the water administrative department with jurisdiction. Water administrative department at or above the county levelA system for activating groundwater storage backup water intake projects should be established to ensure that they can be activated in accordance with prescribed procedures under special circumstances.
 Article 19 Mining drainage management should be included in regional groundwater protection and utilization planning.
In addition to temporary emergency water extraction (drainage) to ensure the safety of construction and production of underground projects such as mines, the amount of groundwater that needs to be drained to mine mineral resources or build underground projects reaches a certain scale. If necessary, a water abstraction permit must be applied for in accordance with the law, and water abstraction (discharge) shall be included in the total regional groundwater abstraction control indicators. The dewatering scale is 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 should give priority to using dewatered water as production water. For those that can be used but are not used, the water administrative department with jurisdiction shall It should be rectified within a time limit; the dewatered water that remains after full utilization and really needs to be discharged should be treated to meet relevant management requirements before being discharged. If it is necessary to set up a sewage outlet into the river, it should be set up in accordance with the law. Approval procedures.
In order to ensure the safety of construction and production of underground projects such as mines, temporary emergency water collection (drainage) must be carried out, and the water administration department of the local people's government at or above the county level with jurisdiction shall be required to do so. Filing. Filing materials include:
 (1) Legal identity document of the water-drawing unit or individual;
 (2) Water-drawing location, purpose of water-drawing, and water-drawing purpose Method, starting time of water withdrawal, water withdrawal volume, etc.;
(3) Water withdrawal quality, water withdrawal location, water withdrawal method, and water withdrawal amount.
 Chapter 4 Overexploitation Control
 Article 20 The Ministry of Water Resources, in conjunction with the Ministry of Natural Resources The Ministry of Resources organizes the water administration and natural resources authorities of all provinces, autonomous regions, and municipalities directly under the Central Government to delineate groundwater overexploitation areas across the country, and review the delineation results of groundwater overexploitation in each province, autonomous region, and municipality directly under the Central Government. Those that pass the review will be announced by the Ministry of Water Resources in conjunction with the Ministry of Natural Resources.
The delineation of groundwater overexploitation areas will be carried out every five years in areas where groundwater overexploitation is controlled, and once every ten years in other areas. The Ministry of Water Resources organizes a dynamic assessment of groundwater overexploitation areas to track changes in groundwater overexploitation.
After the groundwater overexploitation area is delineated, the water resources management system of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shallBased on the situation of over-exploitation of groundwater, the administrative department may, together with the natural resources department at the same level, organize the preparation of an adjustment report for the over-exploitation area of ​​groundwater and submit an application for review of the over-exploitation area of ​​groundwater to the Ministry of Water Resources. After the Ministry of Water Resources and the Ministry of Natural Resources review and confirm the over-exploitation of groundwater in provinces, autonomous regions and municipalities directly under the Central Government, they may adjust the over-exploitation areas and announce them to the public in accordance with the law.
 Article 21 In areas where groundwater exploitation is prohibited, no groundwater intake projects shall be built, rebuilt or expanded. The water administrative departments of local people's governments at or above the county level shall Existing groundwater abstraction projects in areas where groundwater exploitation is prohibited will be closed within a time limit.
In areas with restricted groundwater exploitation, 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 withdrawals based on regional groundwater protection and overexploitation control requirements. In order to protect people's livelihood needs and support high-quality development, or for new projects that have special requirements for water use and require the use of groundwater, the permitted water volume or water use quota should be obtained by subtracting the groundwater water withdrawals of other water users or through water rights transactions.
The scope of prohibitions and restrictions on water withdrawal for geothermal energy development and utilization projects that require water withdrawal shall be organized and delineated by the water administrative departments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with Article 51 of the "Groundwater Management Regulations".
 Article 22 Comprehensive treatment plans for groundwater overexploitation in provinces, autonomous regions, and municipalities directly under the Central Government shall comply with the requirements of the national groundwater protection and utilization plan and groundwater management and protection.
Local water administrative departments at or above the county level shall, in conjunction with relevant departments at the same level, prepare a comprehensive treatment plan for groundwater overexploitation in their respective administrative regions based on the comprehensive treatment plan for groundwater overexploitation in provinces, autonomous regions, and municipalities directly under the Central Government. It shall be implemented after approval by the people's government at the same level, and shall be reported to the superior water administrative department for record.
 Article 23 The preparation of the comprehensive treatment plan for regional groundwater overexploitation should adhere to a problem orientation and propose the treatment objectives, treatment measures and safeguard measures for groundwater overexploitation in the administrative region. etc., clarify the responsible persons and the time limit for completion. Tasks such as the protection of important spring areas and the prevention and control of saltwater intrusion that are closely related to groundwater extraction in the region should be included in the treatment plan.
The water administrative department of the county-level people's government prepares an annual work plan based on the comprehensive control plan for groundwater overexploitation, and submits it to the people's government at the same level for approval and implementation.
Article 24 Local people’s governments at or above the county level shallStrengthen water-saving management in groundwater over-exploitation areas, improve the water-saving system and water-saving incentive mechanism, implement water-saving work responsibilities, strictly limit the use of groundwater in the groundwater over-exploitation areas to develop high-water-consuming industries and service industries, and moderately reduce high-water consumption For water crops, it is encouraged to reduce agricultural use of groundwater through measures such as water-saving transformation, water source replacement, fallow rain-fed crops, and planting structure adjustments.
Encourage and support units and individuals that draw groundwater in overexploitation areas to carry out research and development of water-saving technologies, promote the transformation and application of water-saving scientific and technological achievements, promote new water-saving technologies, and give priority to the use of advanced We will use water-saving technologies, equipment and products to improve water efficiency, and vigorously promote the utilization of unconventional water sources such as recycled water, seawater and desalinated seawater, rainwater collection, brackish water, and mine water.
 Article 25 The water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government that have overexploitation problems should promptly summarize the issues under their jurisdiction in conjunction with the natural resources departments at the same level. The results of comprehensive treatment of over-exploitation of internal groundwater will be reported to the Ministry of Water Resources.
 Article 26 The water administration, natural resources and other competent departments of local people's governments at or above the county level should actively take measures to conduct scientific demonstrations in areas where conditions permit. Regarding the feasibility of groundwater recharge, based on relevant regulations and standards, groundwater recharge and artificial recharge should be carried out reasonably to strengthen groundwater source conservation.
 Chapter 5 Monitoring and Measurement
 Article 27 Groundwater abstraction projects shall Install water metering facilities that meet the accuracy and data transmission and reporting requirements in accordance with the provisions of laws and regulations and national and industry technical standards; if the existing agricultural irrigation groundwater water intake projects are not yet qualified to install metering facilities, they may use electricity-based discounts in accordance with relevant standards. Water is measured.
Metering facilities should be installed for dewatering and drainage during mining of mineral resources and underground engineering construction to accurately grasp the amount of drainage and reuse, and groundwater level monitoring facilities should be deployed as required.
When constructing geothermal energy development and utilization projects that require water abstraction, the exploration and development unit shall install online measurement facilities for water abstraction and recharge, and transmit the measurement data in real time to the water administrative department with jurisdiction.
 Article 28 The Ministry of Water Resources, the Ministry of Natural Resources and other relevant departments shall, in accordance with the requirements for groundwater control indicator management, groundwater overexploitation management, groundwater reserve supervision and other requirements, Improve the national groundwater monitoring station network,Carry out groundwater dynamic monitoring.
The water administration, natural resources and other competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall improve the groundwater monitoring system as needed, and monitor groundwater overexploitation areas, ecologically fragile areas, and centralized groundwater drinking water sources. Implement key monitoring in areas such as ground, key spring areas, sea (salty) water intrusion areas, groundwater reserve areas, and areas where water level changes may easily lead to abnormal water quality. Monitoring information such as groundwater level, water quantity, and water quality shall be provided in a timely manner as required by superior authorities.
 Article 29 Water intake units and individuals shall, in accordance with relevant measurement laws, regulations and standards, establish files of measurement facilities, conduct verification and calibration of measuring instruments, and report to the water administrative department with jurisdiction.
Article 30 Water abstraction units and individuals shall be responsible for the authenticity, accuracy, completeness and timeliness of water abstraction data, and shall not tamper with or falsify groundwater abstraction data. Water metering monitoring and statistical data.
 Chapter 6 Supervision and Assessment
 Article 31 In conjunction with the Ministry of Water Resources The Ministry of Natural Resources has established a notification mechanism for water level changes in over-exploitation areas. Based on the monitoring data of the national groundwater monitoring project and supplemented by the monitoring data of local groundwater monitoring projects, based on a comprehensive analysis of the changes in groundwater levels in over-exploitation areas, the Ministry of Natural Resources will report the changes in groundwater levels in over-exploitation areas on a quarterly basis. Changes in groundwater levels in relevant prefectures and cities in the mining area will be reported.
Based on the water level decline and ranking, the Ministry of Water Resources will use roll call, consultation, and interviews with the people's governments of relevant prefectures and cities to supervise and guide the control of groundwater overexploitation.
The water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, in conjunction with the natural resources departments, may establish a reporting mechanism for changes in groundwater levels within their jurisdiction.
 Article 32 The water administrative departments of the local people’s governments at or above the county level shall strengthen supervision and inspection of the development and utilization of groundwater and water law enforcement within the administrative region. Establish a joint investigation and punishment mechanism with relevant departments. If illegal water intake is discovered, the illegal activities will be ordered to stop immediately, and investigations and punishments will be carried out in accordance with laws and regulations.
The unit or individual being inspected shall truthfully report the situation and provide necessary data.
 Article 33 River basin management agencies should, in accordance with relevant laws and regulations and the authorization of the Ministry of Water Resources, strengthen supervision and inspection of groundwater conservation, protection, development and utilization, over-exploitation control, and management work of the water administrative departments of local people’s governments within the river basin. According to the serious problems found, The extent and frequency of occurrence shall be promptly issued to the relevant water administrative department and a list of problem rectifications shall be issued to supervise the implementation of rectifications.
The water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government should strengthen the supervision and inspection of the groundwater management and protection work of the water administrative departments of the people's governments at the municipal and county levels within their jurisdiction, and establish and rectify problems. Checklist and supervise the implementation of rectifications.
 Article 34 Based on the number, nature, and severity of problems found in the annual supervision and inspection, the water administrative department of the local people's government at the higher level shall follow relevant regulations. Relevant responsible units and responsible persons will implement accountability or make suggestions on accountability. If necessary, they can notify the relevant local people's governments and put forward suggestions on accountability.
 Article 35 The water administrative departments of local people's governments at or above the county level shall promptly disclose relevant indicators such as total groundwater withdrawal control and water level control indicators in their administrative regions. Information 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, together with relevant departments, will include the groundwater management and protection work and the completion of the goals into the most stringent water resources management system assessment, organized on an annual basis Implement assessment and evaluation for each province, autonomous region, and municipality directly under the Central Government, and the assessment results will be submitted to the public for review and approval in accordance with relevant procedures.
 Chapter 7 Penalties
 Article 37 Water administration, natural Resources and other competent departments and their staff who violate the provisions of these Measures will be dealt with in accordance with the relevant provisions of the "Water Law of the People's Republic of China", "Regulations on Groundwater Management", and "Regulations on the Administration of Water Licensing and Water Resources Fee Collection".
 Article 38 If a water-drawing unit or individual violates the provisions of these Measures, the water-drawing unit or individual shall be punished in accordance with the "Water Law of the People's Republic of China", "Groundwater Management Regulations", "Water Drawing Permit and The relevant provisions of the Regulations on the Collection and Management of Water Resources Fees shall impose penalties.
 Chapter 8 Supplementary Provisions
 Article 39 Local water administrative departments at all levels may refer to these measures and work with the natural resources and other competent departments of the people's government at the same level to formulate relevant systems based on actual work.
 Article 40 These Measures shall come into effect on the date of issuance.
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