Measures of Shaanxi Province for Weihe River Water Quantity Dispatching

· Document Number：Decree No. 130 of the People’s Government of Shaanxi Province

· Area of Law： Meteorology Water Resources

· Level of Authority： Local Government Rules

· Date issued：01-30-2008

· Effective Date：03-01-2008

· Status： Effective

· Issuing Authority： Shaanxi Province

Decree of the People's Government of Shaanxi Province
(No. 130)
The Measures of Shaanxi Province for Weihe River Water Quantity Dispatching has been adopted at the 2nd Standing Conference of the people's government of Shaanxi Province in 2008, now is promulgated and will be in force as of March 1st, 2008.
Governor of Shaanxi Province: Yuan Chun-qing
January 30th, 2008
Measures of Shaanxi Province for Weihe River Water Quantity Dispatching
Chapter I General Provisions
Article 1 These Measures are formulated for the purposes of strengthening the unified water quantity dispatching in Weihe River, allocating reasonably the water resources and advancing the economic and social development and improving the ecological environment of Shaanxi Province in accordance with such laws and regulations as the Water Law of the People's Republic of China, the State Council's Regulations on Water Quantity Dispatching in Yellow River and so on.
Article 2 These Measures shall apply to the administration and the water quantity dispatching of the stem and tributary waterways of Weihe River (hereinafter referred to as “Weihe River Water quantity Dispatching”) in Xi'an City, Baoji City, Xianyang City, Tongchuan City, Weinan City, Yulin City, Yan'an City and Yangling Demonstration Region within Weihe River drainage basin of Shaanxi Province.
Article 3 Water quantity dispatching in Weihe River shall be carried out uniformly by following the principles of total amount controlling, breaking-face flow-rate controlling, graded administration and hierarchical responsibilities, and in accordance with the requirements of ensuring the living water using for urban and rural residents, arranging reasonably the water using for agriculture, industry and ecological environment and preventing the water stream from breaking off in Weihe River.
Article 4 The water administration superintending department of the people's government of Shaanxi Province and the administration superintending department of reform and development shall be responsible for the work of the organization, coordination, guidance and supervision of Weihe River water quantity dispatching in whole Shaanxi Province. The administrative organ of Weihe River drainage basin of Shaanxi Province shall be in specific charge of the organization and implementation, the supervision and inspection on Weihe River water quantity dispatching in whole Shaanxi Province while the hydrological organ of Shaanxi Province shall be in specific charge of water quantity monitoring and water situation forecast for Weihe River water quantity dispatching in whole Shaanxi Province.
The water administration superintending departments of the people's governments at the levels of the related cities with districts and the counties (cities and districts) shall be responsible for the work of organization and implementation, supervision and inspection on Weihe River water quantity dispatching within their respective administration area(s).
The main the administration units of water storing, diverting and carrying projects on stem and tributary waterways of Weihe River shall be responsible for the work of the implementation of Weihe River water quantity dispatching within their respective administration area(s).
The water administration superintending departments of the people's governments at the levels of the related cities with districts and the counties (cities and districts) should define the operating organs and working personnel for Weihe River water quantity dispatching and shall do well the job for Weihe River water quantity dispatching .
Article 5 The implementation of Weihe River water quantity dispatching plan, dispatching scheme and dispatching instructions shall be carried out with the systems of the administrative chief responsibilities of the people's governments at the levels of the related cities with districts and the counties (cities and districts) and the principal leaders responsibilities of the organizing and implementing departments, institutions and units of the Weihe River water quantity dispatching organ.
Article 6 The relative people's governments at all levels should strengthen the infrastructure construction for the Weihe River water quantity dispatching and administration and the maintenance management for the operation. The water administration superintending departments of the related people's governments at all levels should do well the jobs in the early period and of the construction of the infrastructure projects for Weihe River water quantity dispatching such as the administration system of water quantity dispatching, the early forecasting system of water quantity monitoring and so on, and also do well the jobs in the application, maintenance, upgrading and reconstructing upon the completion of construction.
The outlay needed for the infrastructure construction, operational maintenance and management of Weihe River water quantity dispatching and administration should be listed into the investment plan and fiscal budget for the capital construction of the people's governments at all levels.
Article 7 Any units or individuals who have made outstanding contributions to the work of Weihe River water quantity dispatching shall be given honors or rewards by the related people's governments at or above county levels.
Chapter II Water Quantity Allocation
Article 8 With regard to Weihe River water allocation, the preliminary allocation plan shall be proposed by the administrative organs of Weihe River drainage basin of Shaanxi Province, be formulated by the water administration superintending department of the people's government of Shaanxi Province upon discussion with the related people's governments at the levels of cities with districts and be submitted to the people's government of Shaanxi Province for approval. The copy of water allocation plan shall be sent to the administration superintending department of the reform and development of the people's government of Shaanxi Province to put on record.
Weihe River water quantity dispatching should carry out strictly the Weihe River water allocation plan(s) approved by the people's government of Shaanxi Province.
Article 9 The following principles should be followed to work out Weihe River water allocation plan(s):
(1) Going on the planning for Weihe River drainage basin and the planning for medium-term and long-term water supply and demand;
(2) Insisting on the planned and economized use of water;
(3) Giving full consideration for the water resource conditions, water withdrawal and use status quo, supply and demand situation and development trend of Weihe River drainage basin and bringing into play the comprehensive benefits of Weihe River water resources;
(4) Making overall plans and taking all factors into consideration the water use in living, production and ecological environment and maintaining the reasonable runoff; and
(5) Handling properly the relationships between the upper and lower reaches as well as between the left and right banks.
Article 10 When to make necessary adjustment for Weihe River water allocation plan(s), that adjustment need to be re-approved in accordance with the original power limit and procedures for approval.
Chapter III Water Quantity Dispatching
Article 11 Weihe River water quantity dispatching shall be carried out in the mode for the combination of the year water dispatching plan with the ten-day water dispatching scheme and the real-time dispatching instructions.
The year of Weihe River water quantity dispatching shall be from July 1 of the current year to June 30 of the following year.
Article 12 The water administration superintending department of the relative people's governments at the levels of cities with districts and such unit(s) (hereinafter referred to as “irrigation administration unit(s) affiliated to Shaanxi Province”) as administration bureau of Weihe River diversion at Baoji Gorge, administration bureau of Shitouhe River Reservoir, administration bureau of Taoqupo Reservoir, administration bureau of Jiaokou lifting Weihe and administration bureau of Jinghui Canal (hereinafter referred to as “irrigation administration units affiliated to Shaanxi Province”) should apply and report advices for the annual and monthly water use plans and the annual water project operation plans to the administrative organ of Weihe River drainage basin of Shaanxi Province in accordance with stipulations.
Article 13 Annual water quantity dispatching plan of Weihe River should be formulated on a comprehensive and balanced basis, pursuant to the approved Weihe River water allocation plans, the annual allocation plan of Yellow River water supply and water dispatch plan in non-flood season, the annual prediction of coming water and reservoir water storage, following the principle of increasing in wet season and decreasing in dry season in the same proportion and taking into consideration the proposals of annual water use plan and water project operation plan.
Article 14 Weihe River annual water quantity dispatching plans shall be formulated by the administrative organ of Weihe River drainage basin of Shaanxi Province upon discussion with the water administration superintending departments of the people's governments at the levels of cities with districts and irrigation administration unit(s) affiliated to Shaanxi Province, released upon the approval from the water administration superintending department of the people's government of Shaanxi Province and copied to the administration department of reform and development of the people's government of Shaanxi Province.
The approved annual water quantity dispatching plans shall be the basis used to ascertain monthly and ten-day water quantity dispatching programs and controlling guidelines of annual water consumption.
Annual Weihe River water quantity dispatching plans shall be integrated into the annual plans for national economic and social development in the whole province.
Article 15 Monthly Weihe River water quantity dispatching plans shall be formulated by the administration organ of Weihe River drainage basin of Shaanxi Province in accordance with the approved annual plans of Weihe River water quantity dispatching and in combination with the reported monthly water use planning proposal and shall be released upon approval from the water administration superintending department of the people's government of Shaanxi Province; in the peak season of water use, ten-day Weihe River water quantity dispatching schemes should be formulated and released to low levels as required.
Article 16 The administrative organ of Weihe River drainage basin can make adjustments in released monthly and ten-day water quantity dispatching plans of Weihe River in light of the real-time river regimen, rainfall, drought, soil moisture content, reservoir water storage and water use and release to low levels the real-time dispatch instructions.
Article 17 The water administration superintending departments of the relevant people's governments at levels of cities with districts and counties (cities and districts) and the administration units of water storing, diverting and lifting projects on stem and tributary waterways of Weihe River shall organize and implement Weihe River water quantity dispatching within their respective administration area according to released monthly and ten-day Weihe River water quantity dispatching plan or real-time dispatching instructions.
Article 18 The hydrologic break-face runoff control shall be carried out in Weihe River water quantity dispatching. The establishment of hydrologic section on administrative district boundaries of cities with districts and the flow control indicators shall be determined and published by water administration superintending department of the people's government of Shaanxi Province; hydrologic break-face runoff control indicators on provincial boundaries and entrance to the Yellow River shall follow the Yellow River Water quantity dispatching requirements.
Water administration department of the people's government of Shaanxi Province may adjust the defined dispatching control section and flow control indicators according to the requirement.
The relevant water administration superintending departments of the people's governments at the levels of cities with districts and counties (cities and districts) and the administration units of water storing, diverting and lifting projects on stem and tributary waterways of Weihe River shall ensure that the relevant dispatching control break-face runoff conforms to control indicators specified.
Article 19 The control break-face runoff of Weihe River water quantity dispatching shall be governed by the monitoring data from the State and hydrologic organ of Shaanxi Province.
Article 20 The water administration superintending departments of the relevant people's governments at the levels of cities with districts and irrigation administration units affiliated to Shaanxi Province shall report and submit to the administration organ of Weihe River drainage basin of Shaanxi Province the monthly and annual water withdrawing (discharging) statements and those from July to October within their respective administration areas according to the provisions.
The hydrologic organ of Shaanxi Province shall report and submit to the administration organ of Weihe River drainage basin of Shaanxi Province the monthly reports on river regime, river forecasting, total ten-day water incoming volume and daily mean flow-rate according to the provisions.
Chapter IV Emergency Dispatching
Article 21 Where emergencies such as severe drought, pre-warning control break-face runoff of stem and tributary waterways of Weihe River dropping down to early warning flow-rate, operating malfunction of reservoir and significant accident of water pollution may lead to water supply crisis and interception of Weihe River, emergency dispatch shall be organized and implemented by the administrative organ of Weihe River drainage basin of Shaanxi Province.
Early warning control section and early warning flow rate shall be determined by the water administration superintending department of the people's government of Shaanxi Province.
Article 22 Emergency water quantity dispatching pre-planning under circumstances of severe drought, early warning control break-face runoff of Weihe main and branch waterways dropping down to early warning flow rate shall be formulated by the administrative organ of Weihe River drainage basin of Shaanxi Province in discussion with the relevant water administration superintending departments of the people's governments at the levels of cities with districts as well as irrigation administration units affiliated to Shaanxi Province and reported to the people's government of Shaanxi Province for approval upon examination by the water administration superintending department of the people's government of Shaanxi Province.
Any adjustment in emergency water quantity dispatching pre-planning shall be re-approved pursuant to the original examining and approving authority and the procedures.
Article 23 Implementation plan of emergency water quantity dispatching shall be formulated by the relevant water administration superintending departments of people's governments at the levels of cities with districts and the irrigation administrative unit affiliated to Shaanxi Province in accordance with approved emergency water quantity dispatching pre-planning within their respective administration area, and reported to the administrative organ of Weihe River drainage basin of Shaanxi Province to put on record.
Article 24 Under the circumstances of severe drought and early warning control break-face runoff of Weihe River stem and tributary waterways dropping down to early warning flow-rate, the administrative organ of Weihe River drainage basin shall, upon consent from the water administration superintending department of the people's government of Shaanxi Province, organize and implement emergency water quantity dispatching pre-planning, promptly make adjustments in related flow control indicators and issue instructions of emergency dispatching to the water administration superintending departments of people's governments at the levels of cities with districts and irrigation administrative unit affiliated to Shaanxi Province.
When necessary, the administrative organ of Weihe River drainage basin can directly issue emergency dispatching instructions to the administrative units of other main water storing, diverting and lifting projects on Weihe River stem and tributary waterways and notify their superintending department at next high level.
Article 25 The relevant water administration departments of the people's governments at the levels of cities with districts and counties (cities and districts) and the management unit(s) of the main water storing, diverting and lifting projects on Weihe River stem and tributary waterways should make reasonable arrangement for water use plans in accordance with the pre-planning to meet an emergency for water quantity dispatching and its implementing plan as well as the instructions to meet an emergency dispatching and ensure the runoff of control break-face compliant with the stipulated control guideline.
Article 26 During the emergency water quantity dispatching, the hydrologic organ of Shaanxi Province should submit daily reports on hydrologic monitoring data to the administrative organ of Weihe River drainage basin of Shaanxi Province. The relevant water administration departments of people's governments at the levels of cities with districts and the irrigation administration units affiliated to Shaanxi Province should report and submit daily water withdrawing (canceling) and water impounding (discharging) data to the administrative organ of Weihe River drainage basin, and at the same time send copies to the commanding organ of flood control and drought fighting of Shaanxi Province and the water administration superintending department of the people's government of Shaanxi Province.
Article 27 When the emergencies such as the reservoir operation malfunction, significant water pollution accident and so on, the water administration superintending department of the people's government of Shaanxi Province and its subsidiary administrative organs, the relevant people's governments at the levels of cities with districts and counties (cities and districts) and their water administration superintending departments, the administrative departments of environmental protection as well as the irrigation administration unit affiliated to Shaanxi Province, should, according to the requirement and the provided power limit and office responsibilities, take in time the measures of holding down and reducing off water withdrawal until of closing up water intake mouth, implement the scheme to meet an emergency for reservoir flow discharging, and strengthen the hydrologic monitoring; the relevant departments and units involved must obey such disposing measures as the limitation or stopping of productions for pollutants discharging enterprises.
Chapter V Supervision and Inspection
Article 28 The administrative organs of Weihe River drainage basin of Shaanxi Province should circulate periodically the performing situation of Weihe River water quantity dispatching periodically to the relevant people's governments at the levels of cities with districts and their water administrative superintending departments, the hydrologic organ of Shaanxi Province and the irrigation administration units belonging to Shaanxi Province. Any important situation should be reported in time to the water administrative superintending department of the people's government of Shaanxi Province and make public announce to the society.
Article 29 The water administrative superintending departments of people's governments at or above county levels, the administrative organs of Weihe River drainage basin of Shaanxi Province and the hydrologic organs of Shaanxi Province should perform the itinerary supervision and inspection within their respective administration areas, carry out accented supervision and inspection on main water intake (discharge) at the peak of water use and under special circumstance can implement stationed inspection on related river reaches, reservoir and main water intake (discharge) to ensure the execution of dispatch instructions.
Article 30 When the water administrative superintending departments of people's governments at or above the county levels, the administrative organs of Weihe River drainage basin of Shaanxi Province and the hydrologic organs of Shaanxi Province carry out the supervision and inspection, the following measures can be taken:
(1) Requiring the unit(s) to be inspected to provide the relative documents and data for reference or replication;
(2) Requiring the unit(s) to be inspected to make explications on issues relative to water quantity dispatching;
(3) Entering the production premises of the unit(s) to be inspected for field inspection;
(4) Carrying out the field monitoring on water withdrawal (discharge); and
(5) Ordering the unit(s) to be inspected to correct actions in the violation of these Measures.
Article 31 When performing their duties for the supervision and inspection, the shall supervision and inspection personnel should produce their certificates of law enforcement to the units to be inspected; all the units or individuals to be inspected should accept and cooperate with the work for supervision and inspection, and shall not refuse or obstruct the supervision and inspection personnel from performing the official duties according to law.
Chapter VI Legal Liabilities
Article 32 Where in the violation of the provisions of these Measures by having committed one of the following actions, the superintending personnel responsible for and other personnel directly responsible for shall be given administrative sanction(s) according to law:
(1) Failure to apply and report in time for the advices on the annual and monthly water use plan and the annual operating plan of water projects
(2) Failure to release to lower levels the annual water quantity dispatching plan and the monthly, ten-day water quantity dispatching scheme in accordance with the stipulation;
(3) Failure to work out the pre-planning for the emergency water quantity dispatching and its implementing scheme for such urgent situations as severe drought and dropping down to the pre-alarm runoff of the control break-face of pre-alarm runoff for Weihe River stem and tributary waterways and so on; or
(4) Making false report or tampering with such data as the reported hydrologic monitoring data, the water quantity withdrawing and using data or the reservoir operating conditions and so on.
Article 33 Where in the violation of the provisions of these Measures by having committed one of the following actions, the superintending personnel responsible for and other personnel directly responsible for shall be given administrative sanction(s) according to law; if a serious result has incurred and a crime is suspected, then the case shall be transferred to a judicial organ for criminal investigation and punishment：
(1) Failure to carry out the annual water quantity dispatching plans or the monthly, ten-day water quantity dispatching scheme;
(2) Failure to carry out the pre-planning for the emergency water quantity dispatching and its implementing scheme for such urgent situations as severe drought and dropping down to the pre-alarm runoff of the control break-face of pre-alarm runoff for Weihe River stem and tributary waterways and so on;
(3) Failure to carry out the instructions for water quantity dispatching or the measures to meet an emergency for water quantity dispatching;
(4) Failure to fulfill the responsibility for the supervision and inspection or failure to investigate for the discovered unlawful action(s); or
(5) Other actions such as the abusing of authorities, the neglecting of duties and so on.
Article 34 Where the runoff on every administrative district and boundary or at the important control break-face falls short of the stipulated control guidelines, the administrative organ of Weihe River drainage basin of Shaanxi Province shall give an announcement and order to make corrections within a time limit; if no corrections are made exceeding the time limit, double deduction shall be made at the next dispatching period of time according to the water shortage of the down discharging runoff in the control break-face; where severe influences have been caused or other serious results have incurred on the water quantity dispatching at lower reaches of control break-face, new water withdrawing projects shall not be added in that region within that year. The superintending personnel responsible for and other personnel directly responsible for shall be given administrative sanction(s) according to law.
Article 35 Where in the violation of the provisions of these Measures and there are administrative punishment stipulations from the relevant laws, rules and regulations, these stipulations shall prevail.
The water administration superintending department of the people's government of Shaanxi Province may entrust the administrative organ of Weihe River drainage basin of Shaanxi Province to impose administrative punishment.
Article 36 Where to hinder or interfere, during water quantity dispatching, the supervision and inspection personnel or the administrative personnel for water withdrawing projects from performing their official duties according to law, or to agitate the mass to make troubles, thus constituted the action in the violation of the public peace, public security organs shall deal with according to law; if a crime is suspected, then the case shall be transferred to a judicial organ for criminal investigation according to law.
Chapter VII Supplementary Provisions
Article 37 Where to involve the protection of water resources, flood prevention, ice prevention and water pollution prevention during Weihe River water quantity dispatching, all these activities shall be carried out in accordance with the provisions in relevant laws, rules and regulations.
Article 38 These Measures shall be in force as of March 1st, 2008.