Regulations of Yellow River Water Regulating

紫露草

Regulations of Yellow River Water Regulating  
  

     People’s Republic of China State Council Decree No. 472


The Regulations of Yellow River Water Regulating has been approved by the Standing Conference No. 142 of the State Council on July 5, 2006, subject to be enforced since August 1, 2006.

Premier  Wen Jiabao
July 24, 2006.


REMARKS: The English translation is provided by the Dept. of International Cooperation, Science and Technology, Yellow River Conservancy Commission and may only be used as a reference. In case of any discrepancy between the English version and the Chinese version, the Chinese version which published by the State Council shall prevail.



Regulations of Yellow River Water Regulating


Definitions and Interpretation


Riparian regions, referring to the eleven provinces/autonomous regions /municipality relevant to the Yellow River, namely, Qinghai, Sichuan, Gansu, Ningxia, Inner Mongolia, Shaanxi, Shanxi, Henan and Shandong, Hebei and Tianjin
State,  the government of the People’s Republic of China
YRCC,  means Yellow River Conservancy Commission of the Ministry of Water Resources



Chapter I General Provisions


Article 1 In order to promote integrated water resources management in the Yellow River Basin, enable sustainable water utilization of the Yellow River, and facilitate regional socio-economic development and environment rehabilitation in the Yellow River Basin and relavent areas, these Regulations are hereby enacted in accordance with the Water Law of the People’s Republic of China.

Article 2 The Regulations apply to water resources management and regulating of the Yellow River, which covers,

i)  the riparian regions, i.e. Qinghai, Sichuan, Gansu, Ningxia, Inner Mongolia, Shaanxi, Shanxi, Henan and Shandong province /autonomous regions;
ii)  Hebei Province and Tianjin Municipality, which use the water diverted from the Yellow River under the ratification of the State Council.

Article 3 The State adopts integrated water resources management of the Yellow River by the general principles of water quota management, discharge monitoring and controlling, hierarchic management and hierarchic responsibility.

While the domestic water use in rural and urban areas is the highest priority of water supply, Yellow River water regulating shall also balance the water demand of agriculture, industry and environment so as to prevent the Yellow River from discontinuous flowing.

Article 4 The enforcement of the Yellow River Water Allocation Planning, Regulating Scheme and Regulating Instructions, is the responsibility of

i)  the chief administrative officer of local governments;
ii)  the chief executives of the Yellow River Conservancy Commission and its affiliated authorities;
iii)  and the chief executives of the reservoir administrative authorities / institutions.

Article 5 The water administrations and the development and reform administrations of the State Council shall take the responsibilities to organize, coordinate, supervise and instruct Yellow River water regulating.

The Yellow River Conservancy Commission shall take the responsibilities to organize, implement, supervise and inspect the Yellow River water regulating, which is subject to the provisions of the Regulations.

Local water authorities at county level and above, and the affiliated authorities of the Yellow River Conservancy Commission shall take the responsibilities to implement, supervise and inspect the Yellow River water regulating within their jurisdictions, which is subject to the provisions of the Regulations.

Article 6 The institutions and persons who have made remarkable achievements in the Yellow River water regulating shall be rewarded by the local governments at county level and above or other authorities.


Chapter II Water Allocation


Article 7 The Yellow River Water Allocation Scheme, shall be

i) established by the Yellow River Conservancy Commission in consulting with local governments of the eleven riparian provinces / autonomous regions / municipality,
ii)  audited by the development and reform administrations and the  water administrations of the State Council, and
iii) submitted to the State Council for approval.

The Yellow River Water Allocation Scheme, upon ratification by the State Council, shall be the fundamental principles of Yellow River water regulating, and obliged to be enforced by the riparian governments, the Yellow River Conservancy Commission and its affiliated authorities.

Article 8 The Yellow River Water Allocation Scheme shall be established in accordance with the following principles,

i)   based on the river basin master plan and mid term and long term water supply and demand management plans;
ii)  emphasis on water demand management and water saving;
iii)  consideration of the physical conditions of water resources, present water abstraction and consumption, water supply and demand and their development trends in the Yellow River Basin, so as to obtain the comprehensive benefits;
iv)  integrated management of domestic, agricultural, industrial and environmental water use
v)  coordination between upstream and downstream as well as between left bank and right bank;
vi)  sound definition of sediment transportation water demand and useable water.

Useable water mentioned above means, putting aside the sediment transportation water use, the maximum water amount could be used by domestic, agricultural, industrial and outside-stream environmental demand for a multi-year average runoff in the Yellow River main stream and tributaries.

Article 9 In case the Yellow River Water Allocation Scheme needs to be adjusted, the Yellow River Conservancy Commission shall be responsible to prepare the proposal in consulting with local governments of the eleven riparian provinces/autonomous regions/municipality, which is to be audited by the development and reform administrations and the water administrations of the State Council, then submitted to the State Council for approval.


Chapter III Water Regulating


Article 10 The Yellow River water regulating comprises of yearly water allocation planning, monthly regulating scheme, ten-day regulating scheme and real time regulating instructions.

The Yellow River water regulating year starts from July 1st and ends by June 30th of the next year.

Article 11 With regard to the jurisdiction and authorization of the Yellow River main stream/tributaries water regulating, the yearly and monthly water abstraction plans and reservoir operation proposals shall be submitted to the Yellow River Conservancy Commission in time by

i) water authorities of the eleven riparian provinces/autonomous regions/municipality; and
ii) the Yellow River Henan Bureau and Shandong Bureau; and
iii)  reservoir administrative authorities respectively.

In order to prepare the water abstraction plans of the Yellow River in Henan and Shandong province, the Yellow River Henan Bureau and Shandong Bureau shall consult the water authorities of Henan and Shandong provinces.

Article 12 The Yellow River Conservancy Commission shall be responsible to prepare the yearly water allocation planning in consultation with the water authorities of the eleven riparian provinces/autonomous regions/municipality, Yellow River Henan Bureau and Shandong Bureau, and reservoir administrative authorities. The planning shall be issued officially by the water administrations of the State Council upon approval, and copied to the development and reform administrations of the State Council.

The approved yearly water allocation plan shall be referred to develop the monthly water regulating schemes, ten-day water regulating schemes and yearly total water abstraction indexes of the Yellow River main stream and tributaries. The yearly water allocation planning shall be incorporated into the corresponding regional socio-economic development plan.

Article 13 The making of yearly water allocation planning shall,

i)  be based on the approved Yellow River Water Allocation Scheme, forecasted annual runoff and reservoirs storage,
ii)  adopt the principles of pro rata adjustment as well as multi-year reservoir regulating, and
iii)  take into consideration of the yearly water abstraction plan and reservoir operation plan.

Article 14 The Yellow River Conservancy Commission shall be responsible for making and issuing the monthly water regulating schemes according to the approved yearly water allocation planning, the proposed water abstraction plan and reservoir operation plan; in case of high water demand period, a ten-day water regulating scheme shall be made and issued.

Article 15 If necessary, the Yellow River Conservancy Commission shall be able to update monthly regulating schemes and ten-day water regulating schemes through real time water regulating instructions, according to flow, rainfall, drought, soil moisture and reservoirs storage conditions as well as water demand situation.
   
Article 16 The water authorities of Qinghai, Sichuan, Gansu, Ningxia，Inner Mongolia, Shaanxi and Shanxi provinces/autonomous regions shall be responsible for water regulating of Yellow River main stream and tributaries within their jurisdictions;

The Yellow River Henan Bureau and Shandong Bureau shall be responsible for water regulating of the Yellow River main stream in Henan and Shandong provinces respectively, whereas the water regulating of the Yellow River tributaries shall be the responsibilities of water authorities of the provincial governments;

The water authorities of Hebei province and Tianjin municipality shall be responsible for regulating of the water diverted from the Yellow River to their jurisdiction;

The water authorities of city/county and YRCC affiliated authorities shall take the responsibilities to regulate the water allocated to their jurisdiction;

The Yellow River water regulating shall be subject to the approved annual water allocation planning, monthly regulating scheme, ten-day regulating scheme and real time regulating instructions.   

Article 17 The Yellow River Conservancy Commission shall be responsible for regulating the major reservoirs, namely, Longyangxia, Liujiaxia, Wanjiazhai, Sanmenxia, Xiaolangdi, Xixiayuan, Guxian and Dongpinghu, through issuing monthly regulating scheme, ten-day regulating scheme and real time regulating instructions. In the case of necessity, the Yellow River Conservancy Commission is obliged to be responsible for regulating other relevant reservoirs, namely, Daxia, Shapotou, Qingtongxia, Sanshenggong and Luhun, through issuing real time regulating instructions.

Reservoir administrative authorities/institutions shall be responsible for implementation of water regulating scheme within their jurisdictions, and making consequent arrangements for hydropower generation, in line with the water regulating instructions.  

Article 18 The Yellow River water regulating is subject to hydrological runoff monitoring at controlling sections. The Yellow River main stream monitoring indexes are set by the Yellow River Conservancy Commission; the monitoring sites and monitoring indexes of key tributaries are to be set jointly by the Yellow River Conservancy Commission and water authorities of riparian provinces/ autonomous regions/municipality.

The Qinghai, Ganshu, Ninxia, Inner Mongolia, Henan and Shandong provinces/autonomous regions, are responsible for ensuring the controlling discharge at Xunhua, Xiaheyan, Shizuishan, Toudaoguai, Gaocun and Lijin respectively, and Shaanxi and Shanxi provinces are responsible for ensuring the controlling discharge at Tongguan.

The reservoir authorities/institutions of Longyangxia, Liujiaxia, Wanjiazhai, Sanmenxia and Xiaolangdi shall be responsible for ensuring the controlling discharge at Guide, Xiaochuan, Wanjiazhai, Sanmenxia and Xiaolangdi respectively.

Article 19 The discharge monitoring at provincial boundary, key sites and reservoir outlets of the Yellow River main stream and tributaries, shall be conducted by the gauging stations established by the State. Wherever there arise any disputes about the monitoring, the data affirmed by the Yellow River Conservancy Commission shall be adopted.

Article 20 Wherever additional water demand beyond the annual water quota is required, and the share of other provinces/autonomous regions/ municipality needs to be used, such applications shall be submitted to the Yellow River Conservancy Commission, who shall enact the updated water allocation scheme through public consultation with stakeholders, and put into effect upon approval by the State Council.  


Chapter IV Emergency Water Regulating


Article 21 In case of accident of severe drought, low flow emergency at provincial boundary or key sites, failure of reservoir operation or significant water pollution, which may cause water supply crisis or zero flow in the Yellow River, the Yellow River Conservancy Commission shall be responsible for the emergency water regulating.   
  
Article 22 In consultation with the eleven riparian provinces/autonomous regions/ municipality, and reservoir administrations/institutions, the Yellow River Conservancy Commission shall be responsible for preparing water regulating schemes for drought emergency, which is subject to the audit of the water administrations of the State Council, then to be submitted to the State Council for approval.

Article 23 Responsible water authorities of the eleven riparian provinces /autonomous regions/ municipality, Yellow River Henan Bureau and Shandong Bureau, and responsible reservoir authorities shall establish the corresponding implementation plans respectively, in accordance with the approved water regulating scheme for drought emergency, and copy them to Yellow River Conservancy Commission.

Article 24 In case of drought emergency, the Yellow River Conservancy Commission, authorized by the responsible water administrations of the State Council, shall be responsible for,

i)  organizing the implementation of water regulating schemes for drought emergency; and
ii) timely adjusting the controlling indexes of water abstraction and reservoirs outflow,

if necessary, the Yellow River Conservancy Commission may directly regulate main water intakes in relevant provinces and autonomous regions within the Yellow River Basin.

The local governments of county level and above, and responsible reservoir authorities shall be obliged to adjust their water use plan according to the water regulating scheme for drought emergency, so as to ensure the controlling discharge at provincial boundary, key sites, and reservoir outlets.

Article 25 In case of drought emergency, responsible water authorities of the eleven riparian provinces/autonomous region/municipality, Yellow River Henan Bureau and Shandong Bureau, as well as responsible reservoir authorities shall be obliged to submit daily report of water abstraction(drainage) and reservoir inflow (outflow) to the Yellow River Conservancy Commission.

Article 26 In case of the accident of low flow emergency at the provincial boundary or key sites, failure of reservoir operation or significant water pollution, the Yellow River Conservancy Commission and its affiliated authorities, relevant provincial governments, water authorities and environmental protection authorities, together with responsible reservoir authorities shall, under their jurisdiction and responsibility respectively, take measures to

i)  reduce water abstraction as far as closing the water intake completely,
ii)  shift to reservoir emergency releasing scheme,
iii)  intensify hydrological monitoring frequency,
iv)  restrict or stop the production of polluting industries, which shall be complied with by the relevant organizations/institutions.  

The warning standards of low flow emergency at provincial boundary or key sites shall be defined by the Yellow River Conservancy Commission.

Article 27 In case a reservoir’s dead storage capacity to be allocated for emergency regulating, the Yellow River Conservancy Commission shall consult with responsible reservoir authorities/institutions to establish water regulating plan concerning the allocation of dead storage of reservoir, which is to be audited by responsible water administrations of the State Council, and then submitted to the State Council or responsible departments authorized by the State Council for approval and implementation.


Chapter 5 Supervision and Management


Article 28 The Yellow River Conservancy Commission and its affiliated authorities, responsible water authorities of county level and above, should enhance the supervision and inspection on water regulating within their jurisdiction.

Article 29 Responsible water authorities of the eleven riparian provinces /autonomous regions/municipality, Yellow River Henan Bureau and Shandong Bureau shall report to the Yellow River Conservancy Commission the total water abstraction (drainage) within their jurisdiction, in due time required by responsible water administrations of the State Council.

Article 30 The Yellow River Conservancy Commission is responsible for the establishment and publication of document templates regarding Yellow River Water Regulating, which also needs to be submitted to responsible water administrations of the State Council for filing.

Article 31 The Yellow River Conservancy Commission shall provide regular reports regarding Yellow River water regulating to responsible water authorities of the eleven riparian provinces/autonomous regions/municipality and relevant reservoir authority/institutions, and make it publicized timely as well.

Article 32 The Yellow River Conservancy Commission and its affiliated authorities, local water authorities of county level and above shall

i) carry out patrolling supervision and inspection within their jurisdictions and responsibilities respectively,
ii) focus on the main water intakes (outlets) during the high water demand period,
iii)  in case of necessity, conduct on-site supervision and monitoring to the relevant river reaches, reservoirs, and main water intakes (outlets),
iv) alarm the responsible environment authorities of local governments, in case the key pollutants fail to meet the standards or significant water pollution accident occurred.

Article 33 The Yellow River Conservancy Commission and its affiliated authorities, and local water authorities of county level and above, shall conduct the supervision and inspection with privilege of

i)  requiring documents and information which is subject to reviewing and photocopying, from the inspected institutions,
ii)  requiring relevant explanation and clarification, from the inspected institutions,
iii)  access to the production area of the inspected institutions for field inspection,
iv)  field inspection at water intakes and outlets,
v)  requiring corrections of the malfeasance activities

Article 34 To conduct supervision and inspection, the inspectors shall present their certificates to the inspected institution or person, and the latter shall accept and comply with the supervision and inspection, shall not refuse or prevent the inspection work from carrying out in accordance with the regulations.


Chapter VI  Legal Liability


Article 35 The person in charge and other person directly responsible shall be given administrative sanctions by their superior administrative departments/institutions or supervising organizations in accordance with laws, if they,

i)  fail to make yearly water allocation plan;
ii) fail to issue in time monthly water regulating scheme and ten days water regulating scheme;
iii) fail to make water regulating pre-scheme/action plan and dead storage allocation plan for drought emergency.

Article 36 The responsible leaders and staffs shall be given administrative sanctions by their superior administrative department/institutions or supervising organization in accordance with the laws, or criminal persecution shall be imposed in case of severe consequences, if they,

i)  fail to comply with the yearly water allocation plan, monthly and ten-days water regulating scheme or the real time regulating instructions,
ii) fail to comply with the water regulating pre-scheme/action plan, emergency management measures or reservoir’s dead storage allocation plan for drought emergency,
iii) fail to conduct supervision and inspection, or nonfeasance performance to illegal activities,
iv)  conduct other misfeasance activities.

Article 37 The Yellow River Conservancy Commission shall, notice the incidents of failure to meet the controlling discharge standards at provincial boundary or key sites, and request corrections with time limitation; for those who failed to do so, the water deficits shall be reclaimed by double during the next regulating period; in case there any severe influence to water regulating downstream or other severe impacts, any new water abstraction projects application from the responsible authorities shall be suspended for this year, the responsible leaders and staffs shall be given administrative sanctions by their superior administrative department/institutions or supervising organization in accordance with the laws.  

Article 38 In case of the reservoir discharge failed to meet the controlling standards and makes serious impacts to the downstream water regulating, the responsible leaders and staffs shall be given administrative sanctions by their superior administrative department/institutions or supervising organization in accordance with the laws.

Article 39 The local water authorities of county level and above, or Yellow River Conservancy Commission and its’ affiliated authorities, shall request malfeasance stopping, give warning, corrections with time limits, and penalty from 20,000 to 100,000 Yuan, besides, the responsible leaders and staffs shall be given administrative sanctions by their superior administrative department/institutions or supervising organization in accordance with the laws, if the relevant water users or reservoir authorities

i)  provide fraud or distort information of hydrometry, water abstraction and consuming, or reservoir operation, etc.,
ii)  fail to comply with water regulating scheme and real time regulating instructions,
iii)  abstract water beyond their water quota.

Article 40 The department of public security shall give public security penalties, or criminal persecutions if any, in the case of  

i)  disturb or prevent the inspector or water projects administrative staffs from implementing their legal duties,
ii)  stir up fights and cause trouble to prevent water regulating


Chapter VII Supplementary Provisions


Article 41 The timing of submission of water use scheme, reservoir operation scheme, establishing and issuing of yearly water allocation planning, issuing of monthly and ten days’ water regulating scheme, and the submission of water abstract/drainage reports should be defined by responsible water administrations of the State Council.

Article 42 In respect to water resources protection, flood control, ice-flood control, and water pollution prevention and control, which might be relevant to the Yellow River water regulating, it is subject to the relevant provisions of Water Law, Flood Control Law, the Law on Prevention and Control of Water Pollution of People’s Republic of China.

Article 43 This regulation shall come into effect since August 1st, 2006.


  
Source:www.yellowriver.gov.cn