Measures of Zhejiang Province for the Protection of Waters

Article 1 In order to strengthen the protection of water areas, maintain and give full play to the functions of flood control, drainage, water storage, water supply and ecological environment of water areas, these measures are formulated in accordance with the provisions of People's Republic of China (PRC) Water Law, People's Republic of China (PRC) Flood Control Law, Zhejiang River Management Regulations, Zhejiang Water Conservancy Project Safety Management Regulations and other laws and regulations, combined with the actual situation of this province. Article 2 The waters mentioned in these Measures refer to rivers, streams, lakes, artificial waterways, flood discharge areas, flood storage and detention areas, reservoirs, mountain ponds and their management scope, excluding sea areas and fish ponds excavated on cultivated land. Article 3 The protection of water areas shall adhere to the principles of scientific planning, classified management, strict control and balance between occupation and compensation. Article 4 The people's governments at or above the county level shall strengthen their leadership over the protection of water areas and take measures to ensure that the water areas within their respective administrative areas will not be reduced and their functions will not be weakened.

The water administrative department of the people's government at or above the county level shall be responsible for the protection of waters within their respective administrative areas, and other relevant departments, township (town) people's governments and sub-district offices shall do a good job in water protection according to their respective duties. Article 5 The water administrative department of the people's government at or above the county level shall, jointly with relevant departments, organize the preparation of water source protection plans, solicit the opinions of the water administrative department at a higher level, and report them to the people's government at the same level for approval and promulgation.

Water protection planning shall, according to the comprehensive planning of river basins and regions and the professional planning of flood control, drainage, water supply and soil and water conservation, define the overall layout, functions, scope and protection measures of water areas, and determine the basic water surface rate within their respective administrative areas. Sixth water protection planning should be linked with the overall planning of land use, the overall planning of cities, the overall planning of counties (cities) and the planning of ecological and environmental functional areas.

Preparation or revision of special plans for urban and rural construction, transportation facilities and land use. , involving waters, should be connected with the water protection planning. If water transfer is really necessary, a water transfer scheme shall be prepared, which shall be scientifically demonstrated and approved by the relevant water administrative department. Seventh water source protection planning once approved, must be strictly implemented; If it is really necessary to modify it, it shall be reported to the original approval authority for approval in accordance with the planning procedures. Article 8 The following waters are important waters and shall be specially protected:

(a) the waters in the drinking water source protection area;

(two) the core scenic areas of national and provincial scenic spots and nature reserves above the provincial level;

(3) flood storage and detention areas;

(four) provincial and municipal rivers and other flood drainage backbone rivers;

(5) Reservoirs with a total storage capacity of 65,438+10,000 cubic meters or more;

(6) Lakes with an area of more than 500,000 square meters;

(7) waters in other environmentally sensitive areas. Article 9 The list of important waters shall be determined by the water administrative department of the people's government at or above the county level in conjunction with the relevant departments of ecological environment in accordance with the management authority, and reported to the people's government at the same level for publication. The published list of important waters shall specify the name, location, type, scope, area and main functions of the waters. Tenth non infrastructure construction projects are not allowed to occupy important waters. Infrastructure construction projects are generally not allowed to occupy important waters; If the infrastructure construction projects such as energy, transportation and water conservancy organized and implemented by the government really need to occupy important waters, the examination and approval procedures shall be handled in accordance with the relevant provisions. Article 11 The water occupied by a construction project shall conform to the water protection plan and relevant technical standards and norms, and shall not endanger the safety of dikes, affect the stability of river regime, hinder the smooth flow of flood discharge and destroy the ecological environment.

Where a construction project occupies waters, it shall take functional remedial measures or build equivalent alternative water projects according to the area, volume and function of the occupied waters. Twelfth functional remedial measures or equivalent alternative water projects should be implemented and accepted at the same time as the construction project, and the cost should be included in the budget estimate of the construction project.

The equivalent alternative water area project should be built in the county (city, district) in principle. The construction unit can build equivalent water substitution project by itself, or entrust a unit with corresponding conditions to build it on its behalf. Article 13 Where a construction project occupies waters, when the construction unit handles the examination and approval of the project construction plan according to the Flood Control Law of People's Republic of China (PRC), the Regulations on River Management in Zhejiang Province and the Regulations on Safety Management of Water Conservancy Projects in Zhejiang Province, the water administrative department shall demonstrate the water occupied and compensated by functional remedial measures or equivalent alternative water projects.

The construction unit shall, in strict accordance with the approved project construction plan, take functional remedial measures or build equivalent alternative water source projects. Article 14 If it is really necessary to adjust the waters due to the reconstruction and construction of economic and technological development zones, high-tech parks, tourist resorts, characteristic towns, industrial parks, etc. in urban built-up areas, the relevant administrative agencies shall formulate regional water adjustment plans according to the control indicators and protection measures determined in the water protection plan.

The regional water adjustment scheme shall be scientifically demonstrated, audited by the water administrative department of the city or county (city or district) with districts, and reported to the people's government at the same level for approval.

If the relevant management agencies organize the implementation according to the regional water adjustment plan, the construction projects within the regional scope will no longer go through the relevant procedures such as water balance. Fifteenth prohibit the following acts of occupying reservoir waters:

(a) the use of docks and other water facilities to occupy the waters of the reservoir to engage in business activities such as catering and entertainment;

(two) to carry out construction activities that endanger flood control, water supply, water resources protection, hydropower generation, irrigation, etc. Below the design flood level of the reservoir;

(three) the construction of residential, commercial, office, factory and other buildings and structures unrelated to reservoir protection and water project operation and management below the reservoir resettlement line.