FLOOD CONTROL LAW

    Chapter I  General Provisions

    Chapter II  Flood Control Planning

    Chapter III  Control and Prevention

    Chapter IV  Administration of Flood Control Areas and Flood Control Works

    Chapter V  Flood Control and Flood Fighting

    Chapter VI  Guarantee Measures

    Chapter VII  Legal Liability

    Article 1  This Law is enacted with a view to preventing and controlling
flood, taking precautions against and alleviating calamities by
flood and waterlogging, maintaining the safety of people’s lives and
property, and safeguarding the smooth progress of the socialist modernization
construction.

    Article 2  The work for flood control shall observe the principles of
unified planning, overall consideration, focusing on prevention, integrated
measures for treatment and subordinating local interests to general interests.

    Article 3  The construction of flood control works should be incorporated
into the national economic and social development plan.

    Flood control funds shall be raised according to the principle of
combining government input with rational payment by beneficiaries.

    Article 4  The exploration and protection of water resources should be
subject to the overall arrangements for flood control and observe the
principle of combining the promotion of advantages with the elimination of
disadvantages.

    The control of rivers and lakes and the construction of flood control
works should conform to the comprehensive plans for river basins and be
integrated with the comprehensive exploration of water resources in river
basins.

    The comprehensive plans referred to in this Law mean those for the
exploration of water resources and the prevention and control of water
disasters.

    Article 5  The work for flood control shall be carried out in the light of
river basins or administrative areas and according to a system by which
unified planning shall be implemented at different levels and consideration
given to the administration of river basins as well as the administration of
administrative areas.

    Article 6  All units and individuals shall have the obligations to protect
flood control works and to take part in flood control and flood fighting
according to law.

    Article 7  People’s governments at all levels should intensify the unified
leadership over the work for flood control, organize departments and units
concerned, mobilize social forces, depend on scientific and technological
progress, harness rivers and lakes in a planned way and take measures to
enforce the construction of flood control works in order to consolidate and
enhance flood control capacity.

    People’s governments at all levels should organize departments and units
concerned and mobilize social forces to ensure flood control and flood
fighting and reconstruction and relief work after flood or waterlogging
calamities.

    People’s governments at all levels should lend support to flood storage
and detention areas and provide compensations and aids according to the state
provisions after flood storing and detaining.

    Article 8  The water conservancy administrative department under the State
Council shall, under the leadership of the State Council, be responsible
for routine duties of organization, coordination, supervision and guidance for
flood control nationwide. River basins administrative agencies set up by the
water conservancy administrative department under the State Council for major
rivers and lakes as designated by the state shall perform duties of
coordination, supervision and administration of flood control within their
jurisdiction as provided for by laws and administrative regulations and
authorized by the water conservancy administrative department under the State
Council.

    The construction administrative department and other relevant departments
under the State Council shall, under the leadership of the State Council, be
responsible for relevant work of flood control within their scope of powers
and duties.

    Article 9  Flood control planning refers to the overall arrangement for
the prevention and control of flood and waterlogging calamities in a
certain river basin, river course or region, including river basin flood
control planning for major rivers and lakes designated by the state, flood
control planning of other rivers, river courses and lakes as well as regional
flood control planning.

    Flood control planning should be subject to the comprehensive planning of
a certain river basin or region. Regional flood control planning should be
subject to the flood control planning for a certain river basin.

    Flood control planning constitutes the basis for the control of
rivers and lakes and the construction of flood control works.

    Article 10  Flood control planning for major rivers and lakes designated
by the state shall, in accordance with comprehensive river basin planning for
these rivers and lakes, be formulated by the water conservancy administrative
department under the State Council in conjunction with other relevant
departments and the people’s government(s) of the province(s), autonomous
region(s) and municipality(s) concerned directly under the Central Government,
and submitted to the State Council for approval.

    Flood control planning for other rivers, river courses and lakes or
regional flood control planning shall, separately in accordance with
comprehensive river basin planning and comprehensive regional planning, be
formulated by water conservancy administrative departments under local
people’s governments at or above the county level in conjunction with other
relevant departments or regions, submitted to the people’s governments at the
same level for approval and then submitted to the water conservancy
administrative departments under the people’s governments at the next higher
level for the record. Flood control planning for rivers, river courses or
lakes involving two or more provinces, autonomous regions and municipalities
directly under the Central Government shall be drafted by the administrative
agency for the relevant river basin in conjunction with the water conservancy
administrative departments and other relevant departments under the people’s
government(s) of the province(s), autonomous region(s) and municipality(s)
directly under the Central Government wherein the river, river course or lake
drains water and, after the people’s government(s) of the province(s),
autonomous region(s) and municipality(s) involved directly under the Central
Government examines it and comes up with comments, be submitted to the water
conservancy administrative department under the State Council for approval.

    Urban flood control planning shall, in accordance with the river basin
flood control planning and the regional flood control planning of the people’s
government at the next higher level, be formulated by the water conservancy
administrative department, the construction administrative department and
other relevant administrative departments under the people’s government of a
city which shall organize those administrative departments in the formulation
of the planning, and be included into the overall urban planning subject to
approval through the examination and approval procedures stipulated by the
State Council.

    Amendment to flood control planning should be subject to the approval from
the original approval organ.

    Article 11  The formulation of flood control planning should, following
the principle of ensuring key projects and considering others at the same
time, and integrating flood control with drought fighting, engineering
measures with non-engineering measures, take full account of the flood-drought
law, the relation of the upper and lower reaches and of both banks of a river,
and the requirements for flood control in the national economy, and be
coordinated with the national land planning and the overall land use planning
as well.

    Flood control planning should include the protected objects, aims and
tasks of flood control, flood control measures and action plans, delimit the
flooded area, the flood storage and detention area and the flood control
protected area, and determine the principle for use of the flood storage and
detention area.

    Article 12  Local people’s governments at or above the county level in
coastal areas which are threatened by storm tides should include the
prevention of storm tides into the flood control planning within their
respective areas, strengthen the construction of systems of anti-storm tides
works including sea walls (sea dykes), tidewater gates and coastal
shelter-forest, and supervise the design and construction of buildings and
constructions that should meet the requirements for the prevention of storm
tides.

    Article 13  Local people’s governments at or above the county level in
areas where mountain torrents may trigger landslides, collapses and mud-rock
flows and in other area where mountain torrents frequently occur should
organize the departments in charge of geological and mineral administration,
water conservancy administrative departments and other relevant departments to
conduct a general investigation on hidden dangers of landslides, collapses and
mud-rock flows, to delimit zones for focal control, and to take prevention and
control measures.

    Distribution of cities, towns and other inhabited areas as well as
factories, mines and trunk lines of railways and highways should avert the
threat of mountain torrents; for those having been built in places
threatened by mountain torrents, precautions should be taken.

    Article 14  Local people’s governments concerned in areas liable to
waterlogging such as plains, depressions, river networks and embankment areas,
valleys and basins should formulate planning for elimination and control of
waterlogging, organize relevant departments and units to take corresponding
control measures, improve drainage systems, develop types and varieties of
waterlogging-enduring crops and take integrated measures for controlling
flood and waterlogging, drought, saline and alkaline land.

    People’s governments of cities and towns should strengthen the
administration and construction of waterlogging drainage piping systems and
pumping stations in urban areas.

    Article 15  The water conservancy administrative department under the
State Council should, in conjunction with the relevant departments and the
people’s governments concerned of provinces, autonomous regions and
municipalities directly under the Central Government, formulate the planning
for controlling estuaries in the Yangtze River, Yellow River, Pearl River,
Liao River, Huai River and Hai River.

    Reclaiming land from seawaters in estuaries mentioned in the preceding
paragraph should conform to the planning for controlling estuaries.

    Article 16  Land to be used for realignment of river courses as planned in
flood control planning and land to be used for dykes in planned construction
projects may be delimited as planned reserve zones upon verification by the
land administrative department and the water conservancy administrative
department in conjunction with the involved areas, and submitted for approval
of the people’s government at or above the county level within the scope of
powers authorized by the State Council. If land within the planned reserve
zones involves that to be used in other projects, the land administrative
department and the water conservancy administrative department should consult
with departments concerned for verification of land.

    The planned reserve zones should be announced upon delimitation according
to the provisions of the preceding paragraph.

    No industrial or mining facilities not related to flood control may be
constructed within the planned reserve zones. If special circumstances exist
under which it is really necessary for state industrial and mining projects to
occupy land within the planned reserve zones mentioned in the preceding
paragraph, approval should be obtained according to the procedures set by the
state for capital construction and consultations should be made with the
relevant water conservancy administrative department.

    Land to be used for expanding or exploring man-made floodwater drainage
channels as determined in flood control planning may be delimited as planned
reserve zones to which the provisions in the preceding paragraph shall apply
upon verification by the land administrative department and the water
conservancy administrative department of the people’s government at or above
the provincial level in conjunction with other relevant departments and
regions and submitted for approval of the people’s government at or above the
provincial level within the scope of powers authorized by the State Council.

    Article 17  Construction of flood control works or other hydraulic works
and hydropower stations in rivers and lakes should conform to the requirements
of flood control planning. Reservoirs should keep adequate storage capacity
for flood control according to the requirements of flood control planning.

    Article 18  For the prevention and control of flood in rivers,
attention should be paid to flood storage as well as to flood discharge. The
smooth drainage of floodwater should be ensured by giving full play to flood
drainage capacity of river courses and flood redistribution and storage
functions of reservoirs, depressions and lakes, intensifying the protection of
river courses and taking measures to remove and dredge silt at regular
intervals in line with local conditions.

    For the prevention and control of flood in rivers, measures
should be taken to protect and expand the coverage of forest, grass and other
vegetation in river basins, conserve water resources and intensify the
comprehensive control of water and soil conservation in river basins.

    Article 19  In the realigning of river courses and building up
construction projects for leading the river direction or protecting
embankments, full consideration should be given to the relations between the
lower and upper reaches and between both sides of a river and the planned
realigning and leading line be followed. The direction of a river shall not be
changed at will.

    Planned realigning and leading lines for major rivers designated by the
state shall be worked out by river basin administrative agencies and submitted
to the water conservancy administrative department under the State Council for
approval.

    Planned realigning and leading lines for other rivers or river courses
shall be worked out by water conservancy administrative departments under
local people’s governments at or above the county level and submitted to the
people’s governments at the same level for approval. Planned realigning and
leading lines of rivers or river courses involving two or more provinces,
autonomous regions and municipalities directly under the Central Government
and of boundary river courses of provinces, autonomous regions and
municipalities directly under the Central Government shall, under the
leadership of river basin administrative agencies concerned, be worked out by
water conservancy administrative departments under the people’s governments of
provinces, autonomous regions and municipalities directly under the Central
Government of involved rivers or river courses and, after the people’s
governments concerned examine the proposed lines and come up with comments,
submitted to the water conservancy administrative department under the State
Council for approval.

    Article 20  Where the realignment of river courses or lakes involves
navigable waterways, full consideration should be given to the requirements
for navigation and views solicited in advance from the administrative
departments for transportation. The realignment of navigable waterways should
conform to the safety requirements for flood control in rivers and lakes and
views solicited in advance from the water conservancy administrative
departments.

    The realignment of river courses in rivers which are suitable for bamboo
and log rafting or in fishery water areas should take into account the needs
for bamboo and log water transportation and fishery development and views
should be sought in advance from the administrative departments for forestry
and fishery. The bamboo and log rafting in river courses should not affect the
safety of flood passage and flood control works.

    Article 21  The control of rivers and lakes shall follow the principle of
unified control in line with water systems combined with control at different
levels in order to strength the protection and ensure the smooth passage.

    Main courses of major rivers and lakes designated by the state, major
river courses and lakes involving two or more provinces, autonomous regions
or municipalities directly under the Central Government, boundary rivers and
lakes of provinces, autonomous regions or municipalities directly under the
Central Government as well as river courses and lakes which serve as national
boundaries (borderlines) shall, according to the designation of the water
conservancy administrative department under the State Council, be under the
control of river basin administrative agencies and water conservancy
administrative departments under the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government in
the place where rivers and lakes are drained. Other river courses and lakes
shall, according to the designation of the water conservancy administrative
department under the State Council or its authorized agencies, be under the
control of water conservancy administrative departments under local people’s
governments at or above the county level.

    The scope of control for any river course or lake with embankments shall
include the water area, sandbanks, beaches, the flood passage area, the
embankments and dyke protections between the embankments on both sides. The
scope of control for any river course or lake without embankments shall
include the water area, sandbanks, beaches and the flood passage area between
the all-time high flood levels or the designed flood levels.

    The scope of river courses and lakes under direct control of river basin
administrative agencies shall be delimited by river basin administrative
agencies in conjunction with local people’s governments concerned at or above
the county level in accordance with the provisions of the preceding paragraph.
The scope of control for other river courses and lakes shall be delimited by
local people’s governments concerned at or above the county level in
accordance with the provisions of the preceding paragraph.

    Article 22  The use of land and shore lines within the scope of control
for any river course or lake should conform to the requirements for flood
discharge and water flow.

    Within the scope of control for any river course or lake it is prohibited
to construct buildings or structures impeding flood discharge, dump garbage
and waste residues or engage in activities affecting the stability of river
flows, harming the safety of banks and embankments or other activities
impeding flood discharge in river courses.

    It is prohibited to plant trees or long-stalk crops impeding flood
discharge in river courses used for flood discharge.

    Restrictions of speed should be imposed in river courses where navigation
of ships may endanger the safety of embankments. Marks for speed restrictions
shall be set up upon the consultation between administrative departments for
transportation and water conservancy.

    Article 23  Enclosing a lake for cultivation is prohibited. Those
reclaimed lakes should be put in order according to the standards set by the
state for flood control and restored from farmland in a planned way.

    Enclosing river courses for cultivation is prohibited. If enclosure is
really necessary, scientific authentication should be carried out and on
confirmation by the water conservancy administrative department that there is
no impediment of flood discharge and water flow, submitted to the people’s
government at or above the provincial level for approval.

    Article 24  Local people’s governments should in a planned way organize
residents to move out of river courses for passage of floodwater.

    Article 25  Administrative agencies for rivers and lakes shall organize
the planting and maintenance of protective trees along banks and embankments.
Protective trees along banks and embankments shall not be felled without
authorization. If anyone intends to fell them, he must obtain the consent from
administrative agencies for river courses and lakes, go through the
formalities for a felling licence and complete the task of regeneration and
planting of trees as required.

    Article 26  For those bridges, approaches, wharves and other engineering
structures across a river which seriously intercept or block water, the water
conservancy administrative department concerned may, according to the flood
control standards, report to the people’s government at or above the county
level that will, within the scope of powers provided by the State Council,
order the construction unit to rebuild or dismantle them within a time limit.

    Article 27  The construction of bridges, wharves, roads, ferries,
pipelines, cables and engineering structures for tapping or draining water
which need to cut across rivers, through rivers or embankments, or to stand
on rivers should conform to flood control standards, shore lines planning,
navigation requirements and other technical requirements, and shall not
endanger the safety of embankments, affect the stability of river conditions
or impede the smooth passage of floodwater. Before the feasibility study
report of the involved project is to be submitted for approval according to
the procedures set by the state for capital construction, the engineering
construction scheme included in the report should be subjected to the
examination and approval of the relevant water conservancy administrative
department in accordance with the requirements for flood control as
mentioned above.

    If engineering structures mentioned in the preceding paragraph need to
occupy land within the scope of control for any river course or lake, or to
cut across the space over any river course or lake, or to go through
riverbeds, the construction unit should subject the position and border of
the engineering structures to the examination and approval of the relevant
water conservancy administrative department before completing the formalities
for starting the projects according to law. In the arrangement for the
construction project, the position and border should be followed as approved
by the water conservancy administrative department.

    Article 28  The water conservancy administrative department shall have the
right to inspect engineering structures constructed according to the
provisions of this Law within the scope of control for river courses or lakes.
When the water conservancy administrative department exercises inspection, the
inspected should truthfully provide the information and materials concerned.

    Article 29  A flood control area means an area where floodwater is
likely to inundate, which is classified as a flooded area, a flood storage
and detention area or a flood control protected area.

    A flooded area means an area to which floodwater reaches without the
protection of works.

    A flood storage and detention area means a depression or a lake from
outside embankments including flood-diversion mouths for temporarily storing
floodwater.

    A flood control protected area means an area protected by flood control
works according to flood control standards.

    The scope of a flooded area, a flood storage and detention area or a flood
control protected area shall be delimited in the flood control planning or
the flood prevention scheme, reported to the people’s government at or above
the provincial level according to the scope of powers provided for by the
State Council and if approved, announced to the public.

    Article 30  People’s governments at all levels should, according to flood
control planning, exercise administration of the use of land within different
flood control areas.

    Article 31  Local people’s governments at all levels should strengthen
leadership over the safety and construction work within flood control areas
and organize relevant departments and units to conduct flood control education
among units and residents within flood control areas, to popularize flood
control know-how and to enhance their awareness of flood control. They should,
according to flood control planning and flood prevention schemes, establish
and perfect the flood control system as well as systems for hydrology,
meteorology, communications, early warning and monitoring of flood and
waterlogging in order to improve the capability for flood control. They should
organize units and residents within flood control areas to actively take part
in flood control work and take measures for flood control and flood evasion
in the light of local conditions.

    Article 32  People’s gov