Hydrology Regulation of the People’s Republic of China
Promulgation
date:
Effective date:
04-25-2007
Department:
State Council
06-01-2007
Subject:
Water Resources
Order of the State Council
(No. 496)
The Hydrology Regulation of the People’s Republic of China, which was adopted at the 172nd utive
meeting of the State Council on March 28, 2007, shall come into force as of June 1, 2007.
Premier Wen Jiabao
April 25, 2007
Hydrology Regulation of the People’s Republic of China
Chapter I General Provisions
Article 1 For the purposes of intensifying the administration of hydrology, regulating the hydrologic
work, serving the development, utilization, saving and protection of water resources, as well as the
prevention and mitigation of disasters, and promoting the sustainable development of the economy
and society, this Regulation is formulated pursuant to the Water Law of the People’s Republic of
China and the Flood Prevention Law of the People’s Republic of China.
Article 2 This Regulation shall be observed during the engagement in planning and building the
network of hydrologic stations, hydrologic monitoring and forecasts, investing and evaluating the
water resources, gathering, submitting, preserving and using hydrologic monitoring materials, and
protecting the hydrologic facilities and hydrologic monitoring environment.
Article 3 The hydrology cause is a public welfare infrastructure cause serving the national economy
and social development. The people’s governments at the county level and above shall integrate the
hydrology cause into their respective plan on national economy and social development and include
the essential operating funds into their respective fiscal budget so as to ensure that the hydrologic
monitoring task can be carried out smoothly, and give full play to the role of the hydrologic work in
the government decision-making, economic and social development and services rendered to the
general public in hardship areas.
The people’s governments at the county level and above shall pay attention to and support the
construction and running of the hydrologic infrastructure in ethical minority areas, remote and
poverty-stricken areas.
Article 4 The water administrative department of the State Council shall administer the hydrologic
work throughout the country. Its directly subordinate hydrologic institutions shall be responsible for
organizing and carrying out the administrative work.
The water administrative department of the State Council shall organize the drainage area
administrative institutions set up by the state for crucial rivers and lakes to administer the hydrologic
work within their respective jurisdiction under the laws, this Regulation, and the powers as
prescribed by the water administrative department of the State Council.
The water administrative department of the people’s governments of a province, autonomous region,
or municipality directly under the Central Government shall administer the hydrologic work within
its administrative area, its directly subordinate hydrologic institutions shall accept the guidance of
the superior administrative departments and shall organize and carry out the administrative work
under the leadership of the local people’s governments.
Article 5 The state shall encourage and support the research, popularization and application of
scientific technologies in hydrology, protecting the scientific achievements in hydrology, foster
talents of science and technology in hydrology and strengthen the international cooperation and
exchange in respect of hydrology.
Article 6 The people’s governments at the county level or above shall, under the relevant provisions
of the state, commend and award the entities and individuals who have made outstanding
achievements in the hydrologic work.
Article 7 Any foreign organization or individual who intends to carry out hydrologic activities
within the territory of the People’s Republic of China shall be subject to the approval of the water
administrative department of the State Council and other relevant departments and shall observe the
laws and regulations of the People’s Republic of China. If it (he) intends to carry out hydrologic
activities on any river across the boundary of the People’s Republic of China and that of a
neighboring country, it shall follow the treaties or conventions reached between the People’s
Republic of China and the said country.
Chapter II Planning and Construction
Article 8 The water administrative department of the State Council shall be responsible for working
out a plan on the development of national hydrologic cause and shall report it to the State Council or
its authorized department for approval and implementation after it consults the opinions of the
relevant department of the State Council.
A drainage area administrative department shall, under the plan on the development of national
hydrologic cause, work out a plan on the development of the hydrologic cause of the drainage area
and report it to the water administrative department of the State Council for approval and
implementation.
The water administrative department of a province, autonomous region, or municipality directly
under the Central Government shall work out a plan on the development of the hydrologic cause for
its own administrative area on the basis of the plan on the development of national hydrologic cause
and the plan on the development of drainage hydrologic cause, report it to the people’s government
at the same level for approval and implementation and submit it to the water administrative
department of the State Council for archival purposes.
Article 9 A plan on the development of the hydrologic cause is the basis for carrying out the
hydrologic work. Any revision made to it shall be subject to the approval of the original approval
organ under the procedures for working out plans.
Article 10 A plan on the development of hydrologic cause mainly includes the goal of the
development of the hydrologic cause, the construction of the network of hydrologic stations,
construction of facilities for hydrologic monitoring and information forecast, construction of
hydrologic information network and operating system, as well as guarantee measures.
Article 11 The state shall plan the network of the construction of hydrologic stations in a centralized
manner. The construction of network of hydrologic stations shall stick to the principles of combining
drainage areas with administrative areas, submitting administrative areas to drainage areas,
preventing repetition work and simultaneously taking into consideration the needs both at the
present time and in the future.
Article 12 The construction of the network of hydrologic stations shall, under the plan on
development of the hydrologic cause, be organized and carried out pursuant to the procedure for the
construction of the state’s fixed asset investment projects.
The operating funds for the construction and management of the network of hydrologic stations
providing services for the infrastructure projects of the state, such as water conservancy and
hydrologic power projects, and shall be integrated into the project construction budget and the
operating funds, respectively,.
The expression “network of hydrologic stations” as mentioned in this Regulation refers to the
hydrologic monitoring data collection system, composed of a proper number of hydrometric stations
within the drainage areas or administrative areas.
Article 13 The state shall administer the hydrometric stations on a classified and graded basis.
The hydrometric stations are classified into national basic hydrometric stations and special
hydrometric stations. The national basic hydrometric stations are classified into national important
hydrometric stations and ordinary hydrometric stations.
Article 14 The establishment of and adjustment to the national important hydrometric stations and
the ordinary hydrometric stations administered by the drainage area administrative institutions shall,
via the report of the water administrative department of the people’s governments of the relevant
province, autonomous region, or municipality directly under the Central Government, be subject to
the approval of the hydrologic institutions directly under the water administrative department of the
State Council. The establishment of and adjustment to other hydrometric stations shall be subject to
the approval of the water administrative department of the people’s government of the relevant
province, autonomous region, or municipality directly under the Central Government and shall be
submitted to the hydrologic institution directly under the water administrative department of the
State Council for archival purposes.
Article 15 The establishment of special hydrometric stations shall not be a repetition of the
establishment of national basic hydrometric stations. If it is really necessary to establish a special
hydrometric station in an administrative area covered by the national basic hydrometric station, it
shall, under the administrative power, be reported to the drainage area administrative institution or to
the hydrologic institution directly under the water administrative department of the people’s
government of the relevant province, autonomous region, or municipality directly under the Central
Government for approval, inter alia, prior to the administrative department approves the
establishment of a special hydrometric station so as to meet the needs of transport, aviation
transport, environmental protection, etc., one shall consult the opinions of the drainage area
administrative institution or of the hydrologic institution directly under the water administrative
department of the people’s government of the province, autonomous region, or municipality directly
under the Central Government.
The revocation of a special hydrometric station shall be subject to the approval of the original
approval organ.
Article 16 The special hydrometric stations and other entities engaging in hydrologic activities shall
accept the industrial management of the institutions directly under the water administrative
departments.
Article 17 For a hydrometric station administered by the water administrative department of the
people’s government of a province, autonomous region, or municipality directly under the Central
Government, if it plays a important role in the management of water resources within the drainage
area and in the prevention and mitigation of disasters, it shall simultaneously accept the guidance
and supervision of the drainage area administrative institution.
Chapter III Monitoring and Forecast
Article 18 The national hydrologic technical standards, norms and procedures shall be observed in
the hydrologic monitoring activities so as to ensure the monitoring quality. Without approval, the
hydrologic monitoring may not be suspended.
The national hydrologic technical standards, norms and procedures shall be set forth by the water
administrative department of the State Council jointly with the standardization administrative
department of the State Council.
Article 19 The special technical equipment used in hydrologic monitoring shall conform to the
technical requirements set forth by the water administrative department of the State Council.
The measurement devices used in hydrologic monitoring shall pass the inspection according to law.
The procedures for the inspection of measurement devices used in hydrologic monitoring shall be
set forth by the water administrative department of the State Council and be reported to the
metrological administrative department of the State Council for archival purposes.
Article 20 A hydrologic institution shall intensify the dynamic monitoring of water resources. If it
finds any change in the water volume of a water body or in water quality which may endanger the
safety in the use of water, it shall strengthen follow-up monitoring and investigation, timely report it
to the local government and its water administrative department the monitoring and investigation
information as well as its proposal on handling such a case. If it finds any change in the water
quality which may result in an event of emergent water body pollution, it shall timely report the
monitoring and investigation information o the water administrative department and the
environmental protection administrative department of the local people’s government.
The relevant entities and individuals shall be cooperative in the dynamic monitoring of water
resources.
Article 21 A hydrometric station undertaking the hydrologic information forecast task shall timely
and accurately report the forecasts of hydrologic information to the command institutions of flood
prevention and drought control and to the water administrative departments of the people’s
governments at the county level and above.
Article 22 The hydrologic information forecasts shall be announced to the general public by the
flood and drought prevention and control command institutions, and the water administrative
departments or hydrologic institutions of the people’s governments at the county level and above.
The mass media such as broadcasting, television, newspaper and internet shall, under the relevant
provisions and flood prevention and draught control requirements of the state, timely broadcast,
release and publish the forecasts on hydrologic information with clear indications of the institution
announcing the information, and the time of announcement.
Article 23 The information industry departments shall, geared at meeting the needs of hydrologic
work, ensure the smooth running of communications under the relevant provisions of the state.
Article 24 A water administrative departments of the people’s governments at the county level or
above shall, according to the development of economic society and together with the relevant
departments, organize the relevant entities to investigate and evaluate the water resources.
An entity engaging in the investigation and evaluation of hydrologic and water resources shall
satisfy the following requirements and obtain the qualification certificate issued by the water
administrative department of State Council or by the water administrative department of the people’s
government of the province, autonomous region or municipality directly under the Central
Government:
(1)Having the qualifications for a legal person, and having a fixed work place;
(2)Having professional technicians who can meet the needs of its hydrologic activities and who have
passed the examination as required;
(3)Having the professional technical equipment that can meet the needs of its hydrologic activities;
(4)Having a sound management system; and
(5)Other requirements set forth by the water administrative department of the State Council.
Chapter IV Collection, Submission and Use of Materials
Article 25 The state shall adopt a uniform system for the collection and submission of hydrologic
monitoring materials. The entities engaging in monitoring the surface water and groundwater
resources, water volume and water quality, and other entities engaging in hydrologic monitoring
shall, according to the power to manage the materials, submit the monitoring materials to the
relevant hydrologic institutions.
The monitoring materials relating to places of significant groundwater resources, groundwater
resources of the over-exploited areas, important water entries (outfalls) set for rivers and lakes, and
significant sections shall be gathered by the entities engaging in hydrologic monitoring and shall be
submitted to the drainage area administrative institution or to the hydrologic institutions directly
under the water administrative departments of the people’s government of the relevant provinces,
autonomous regions, and municipalities directly under the Central Government.
The materials relating to the taking, returning and storing (sluicing) of water under a water-taking
project shall be gathered by the water-taking project administrative department and shall be
submitted to the hydrologic institution of the place where the project is located.
Article 26 The state shall establish a system for sharing the hydrologic monitoring materials. The
hydrologic institutions shall properly store and preserve the hydrologic monitoring materials, shall,
in the light of needs of the national economic construction and social development, process and
arrange such materials so as to produce monitoring fruits and print them for publication. The
hydrologic institution directly under the water administrative department of the State Council shall
establish a national hydrologic database.
The basic hydrologic monitoring materials shall be publicized in accordance with the law. If any
hydrologic monitoring materials fall into the category of state secrets, the determination of the
security classification, modification, declassification, use and management thereof shall be governed
by the relevant provisions of the state.
Article 27 The hydrologic monitoring materials for use in working out an important plan, carrying
out the construction of an important project or managing water resources shall be checked by the
hydrologic institution directly under the water administrative department of the State council, by the
drainage area administrative institution or by the hydrologic institution directly under the water
administrative department of people’s government of the province, autonomous region, or
municipality directly under the Central Government so as to ensure their completeness, reliability
and consistence.
Article 28 The necessary hydrologic monitoring materials and achievements for use in the state
organs’ decision-making, prevention of disaster, mitigation of disasters, construction of national
defense, public security, environmental protection and other public welfare causes shall be rendered
gratuitously.
Apart from the circumstances as mentioned in the preceding paragraph, fees shall, under the relevant
provisions of the state, be charged for use hydrologic monitoring materials and achievements and be
under separate management of expenditures and incomes.
If it is necessary to provide special hydrologic consultation services geared to the needs of business
activities, both parties shall sign a contract on paid services, clarifying the rights and obligations of
both parties.
Chapter V Protection of Facilities and Monitoring Environment
Article 29 The state shall protect the hydrologic monitoring facilities in pursuance of the law. No
entity or individual may usurp, destroy or illegal move or illegally use any hydrologic monitoring
facilities or interfere with the hydrologic monitoring.
Where a national basic hydrometric station is damaged by any force majeure, the local people’s
government and the relevant water administrative department shall take measures and organize
forces to repair it so as to ensure its normal running.
Article 30 Without approval, no entity or individual may move away any national basic hydrometric
station. If it really necessary to move away a national basic hydrometric station due to the
construction of a major project, the construction project owner shall, before the project is planed,
apply to the water administrative department, which has the administrative power over this
hydrometric station, for approval, and the essential expenses shall be born by the construction
project owner.
Article 31 The state shall protect the hydrologic monitoring environment pursuant to law. The
people’s governments at the county level shall, under the standards determined by the water
administrative department of the State Council, demarcate the hydrologic monitoring environment
protection range and shall set up ground signs at the verge of the protection range.
Any entity or individual has the obligation to protect the hydrologic monitoring environment.
Article 32 It is forbidden to carry out any of the following activities within the hydrologic
monitoring environment protection range:
(1)To plant crops with tall stalks, pile up materials, erect buildings or berth vessels;
(2)To take earth, dig sand, quarry, fossick, blow up or dump wastes;
(3)To take water or drain sewage from the monitoring section, or draw lines in the sky above the
monitoring section;
(4)Other activities which may affect the hydrologic monitoring.
Article 33 For a construction project which is located at the upper or lower reaches of a national
basic hydrometric station and which may have an impact on the hydrologic monitoring, the
construction project owner shall take corresponding measures. It shall not commence the
construction until it has been consented by the water administrative department which has
jurisdiction over the said station. If the project construction leads to building a new hydrometric
station, the essential expenses shall be borne by the aforesaid construction project owner.
Article 34 To conduct hydrologic monitoring in a navigable river course or on a bridge, a warning
mark shall be set up.
Article 35 The right to use the radio frequency and communication lines obtained by hydrologic
institution shall be protected by the state. No entity or individual may usurp or interfere with the
radio frequency used by any hydrologic institution, or damage the communication lines used by any
hydrologic institution.
Chapter VI Legal Liabilities
Article 36 For any of the following acts in violation of this Regulation, the directly liable person-incharge and other directly liable persons shall be given a sanction in pursuance of law. If any crime is
constituted, they shall be subject to criminal liabilities:
(1)Reporting any false hydrologic monitoring information and resulting in gross economic losses;
(2)Failing to report or delaying the report of hydrologic monitoring information;
(3)Illegally releasing any hydrologic information forecast;
(4)Losing, destroying or counterfeiting any hydrologic monitoring materials;
(5)Illegally transfer or lending hydrologic monitoring materials to anyone else; or
(6)Any other act of failure to perform the duties pursuant to law.
Article 37 Any entity or individual who establishes a hydrometric station without approval or builds
any project which is located at the upper or lower reaches of a national basic hydrometric station and
which may have an impact on the hydrologic monitoring shall be ordered to stop the violation, make
remedies within a time limit and make up the relevant formalities. If it is unable to make remedies,
fails to make up the relevant formalities or fails to obtain an approval though he tries to make up the
relevant formalities, it (he) shall be ordered to dismantle the unlawful building. If it (he) fails to do
so, the said building shall be dismantled forcibly and the expenses required shall be paid by the
entity or individual that violates the law.
Article 38 Any entity or individual who engages in hydrologic activities without obtaining a
hydrologic or water resource investigation and evaluation qualification certificate by violating this
Regulation shall be ordered to stop the violation, have its (his) illegal gains confiscated and be fined
not less than 50, 000 yuan but not more than 100, 000 yuan.
Article 39 Any entity or individual who engages in hydrologic activities beyond the scope as
indicated in the hydrologic or water resource investigation and evaluation qualification certificate by
violating this Regulation shall be ordered to stop the violation and be fined not less than 50, 000
yuan but not more than 100, 000 yuan. If the circumstance is serious, its (his) qualification
certificate shall be revoked by the issuing organ.
Article 40 Anyone who uses any special hydrologic technical equipment or hydrologic measurement
devices by violating this Regulation shall be ordered to make a correction within a time limit.
Article 41 Anyone who commits any of the following acts in violation of this Regulation shall be
ordered to stop the violation and be fined not less than 10, 000 yuan but not more than 50, 000 yuan:
(1)Refusing to collect and submit its hydrologic monitoring materials;
(2)Using any hydrologic monitoring materials unchecked; or
(3)Illegally transmitting hydrologic information forecasts to the general public and resulting severe
economic losses and bad consequences.
Article 42 Anyone who usurps or destroys hydrologic monitoring facilities or illegally moves away
or uses hydrologic monitoring facilities by violating this Regulation shall be ordered to stop the
violation and restore the original state or make other remedies within a time limit, and may be fined
50, 000 yuan or less. If his act constitutes a violation of the public security administration, he shall
be given a punishment for public security administration. If any crime is constituted, he shall be
subject to criminal liabilities.
Article 43 Anyone who engages in any of the activities as described in Article 32 of this Regulation
by violating this Regulation shall be ordered to stop the violation, restore the original state or make
other remedies within a time limit, and may be fined 10, 000 yuan or less. If his act constitutes a
violation of the public security administration, he shall be given a punishment for public security
administration. If any crime is constituted, he shall be subject to criminal liabilities.
Article 44 The administrative punishments as prescribed in this Regulation shall be decided by the
water administrative departments of the people’s governments at the county level or above or by the
drainage area administrative institutions in the light of their powers.
Chapter VII Supplementary Provisions
Article 45 Definitions of the following terms as mentioned in this Regulation:
The hydrologic monitoring refers to monitoring, analyzing and computing the water level, flow
discharge, water quality, water temperature, sand, ice information, terrain under the water,
underground water resources, amount of precipitation, amount of evaporation, soil moisture status,
storm tide, etc.
Hydrometric stations stand for all hydrologic observation sites in rivers, lakes, ditches, reservoirs
and drainage areas for the purpose of gathering hydrologic monitoring materials.
National basic hydrometric stations refer to the hydrometric stations established under a uniform
plan so as to continuously observe the basic hydrologic elements of rivers, lakes, ditches, reservoirs
and drainage areas for a long term.
National important hydrometric stations refer to the basic hydrometric stations which play an
important role in the prevention and mitigation of disasters or in the management of water resources
in drainage areas and in administrative areas.
Special hydrometric stations refer to hydrometric stations established for special purposes.
Basic hydrometric materials refer to the monitoring materials complied by the national basic
hydrometric stations.
Hydrologic information forecasts refer to the reports of the real time and future information about
the hydrologic elements of rivers, lakes, ditches, reservoirs and other water bodies.
Hydrologic monitoring facilities refer to the buildings of hydrologic stations, hydrologic cableway,
survey vessels, docks for survey vessels, monitoring sites, monitoring wells, monitoring marks,
special roads, instruments and equipment, hydrologic communication facilities as well the auxiliary
facilities thereof.
Hydrologic monitoring environment refer to three-dimensional space formed by areas which are
essential to ensuring the monitoring of accurate hydrologic information.
Article 46 The hydrologic work of the People’s Liberation Army of China shall be governed by the
provisions of the Central Military Commission.
Article 47 This Regulation shall come into force as of June 1, 2007.