Chapter 2: The Demarcation and Management of Farmland Water Conservancy Facilities Areas
Article 5
The Competent Authority shall demarcate and publicize farmland water conservancy facilities areas, as well as manage and maintain the facilities; the same applies to the alteration or elimination of such areas. In cases where such areas infringe on indigenous people’s regions, the Competent Authority shall make public announcements in cooperation with the central Competent Authority for indigenous affairs.
Regulations governing the standards for demarcation of farmland water conservancy facilities areas as mentioned in the preceding Paragraph, their management and maintenance, alteration, elimination, or other relevant matters shall be stipulated by the Competent Authority in cooperation with the central Competent Authority for water resources.
Article 6
Farmland drainage in farmland water conservancy activities areas shall conform to runoff allocation plan announced based on the Water Act and to flood prevention plans of the Competent Authority for water resources, to share flooding in the regional areas.
Article 7
When the planning, design, and supervision of farmland water conservancy facilities construction projects go beyond a certain scale, the relevant professional engineer certification shall be registered according to law. However, when the Competent Authority is itself executing the project, it could be executed by a member of the Competent Authority who has, legally received relevant certifications for mechanics.
The “certain scale” mentioned in the previous Paragraph shall be announced by the Competent Authority.
Projects for farmland water conservancy facilities in farmland implemented based on the Farmland Readjustment Act shall not be subject to the provisions of Paragraph 1 of this Article.
Article 8
No one shall arbitrarily alter or demolish farmland water conservancy facilities. However, in order to increase the utilization benefits of land, serve the public interest, provide land for the construction of infrastructure, or that the surrounding farmland has already been rezoned as nonagricultural use, an applicant may, with an attached plan, apply to the Competent Authority, and after receiving authorization, may alter or demolish such facilities within the scope of the authorization; the applicant shall bear the expense.
Regulations governing the qualifications of applicants as mentioned in the preceding Paragraph, application procedures, the required contents of plans, documents that shall be attached, conditions for authorization, withdrawal of authorization, and other relevant matters shall be stipulated by the Competent Authority.
Article 9
Land for new construction or improvement of farmland water conservancy facilities shall be acquired through appropriation, establishment of superficies, land easement or rental, purchase by negotiated price, agreement of the landowner, or expropriation.
Article 10
When there is damage to farmland water conservancy facilities that poses an imminent threat to citizens’ lives or their property, the Competent Authority may demolish the facilities; requisition materials, machinery, facilities, or land needed for emergency actions; dispatch manpower; or adopt other necessary emergency measures.
In cases where citizens suffer loss as a result of demolition, requisitions, drafting, or other emergency measures as mentioned in the preceding Paragraph, they may ask for compensation from the Competent Authority. However, if the citizen is at fault for the loss, no compensation may not be granted.
Compensation for loss as mentioned in the preceding Paragraph shall be paid in cash, to a maximum amount of the actual loss suffered. Applicants for compensation must apply within two years of becoming aware of the loss. However, in cases where five years have passed following the occurrence of the loss, no application may be made.
Regulations governing compensation or calculation of value as stipulated in Paragraph 2 of this Article, their standards, processes, payment methods, and other relevant matters that must be followed shall be stipulated by the Competent Authority.
Article 11
Land allocated to irrigation associations before the coming into effect of this Act shall maintain its existing usage.
When land as mentioned in the previous Paragraph is state-owned land that can be appropriated for use without charge, the Competent Authority shall designate a subordinate agency, and after getting the agreement of the managing agency, shall, jointly with this agency, arrange for alteration of the registered managing agency, and the land shall be managed by the designated subordinate agency.
Land as mentioned in the previous Paragraph may not be listed as an asset of the Farmland Water Conservancy Activities Operational Fund set up in accordance with Paragraph 1 of Article 22 of this Act.