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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 16:32
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Chapter Law Content

Title: Enforcement Rules for Water Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 3 Water Right
Article 11
Regarding the “use of water needed by an entity” depicted in Article 17 of the Act, the following major factors should be considered:
1. Domestic use and public use: population of water supply.
2. Agricultural use:
(1) Irrigation:type of crop, irrigated area, irrigation rate,water conveyance loss, and time of daily water use.
(2) Aquaculture: type and area of aquaculture.
(3) Livestock: type and number of livestock.
3. Hydro-power: designated water for generating units.
4. Industrial use: designated water for development of industrial areas, which is adjusted according to actual needs; for individual factories, the type of industry, use of water per unit area, and the area of factory shall be considered.
5. Others: granted based on actual purposes.
Article 12
When a single-purpose or multi-purpose water work proprietor applies for water right registration, the water yield registered for each purpose of usage shall be the use of water approved by the authority-in-charge for the water work project, unless it is otherwise agreed among different water work proprietors and approved by the authority-in-charge.
The yield of water approved for a water work project by the authority-in-charge as specified in the preceding paragraph shall not contravene Article 55 of the Act.
Article 12-1
When reviewing the water yield under the surface water rightin hydraulic structures established in accordance with Article 55, the authority-in-charge shall refer to the average inflow and actual capacity within the storage area of hydraulic structures, the authorized water supply, the authorized downstream water yield under the surface water right, the use of water needed by an entity, and other necessary matters for approval.
The chief representative of water right registration or the administrative authority of hydraulic structuresreferred to in the preceding paragraph shall review and update the water supply of hydraulic structures on a regular basis or based on actual situations and submit it to the authority-in-charge upon applying for the extension of water rightsas a reference to the review of water yield.
Article 13
Where the right of a water work changes hand as a result of compulsory execution or government requisition, the transfer, change or extinguishment of the original right shall be registered according to the Act based on the purpose and content of the compulsory execution or requisition.
Article 14
The authorized yield depicted in Articles 20 and 23 of the Act refers to the water yield stated in the water right deeds.
Article 14-1
When reviewingthe water yield under the surface water right, the authority-in-charge shall refer to the constantly maintained yield based on hydrological testing, the authorized downstream water yield under the surface water right, the use of water needed by an entity, and other necessary matters for approval.
The constantly maintained yield referred to in the preceding paragraph refers to yield of surface water with flow exceedance probability of 85% or higher. The constantly maintained yield will be reviewed and updated by the authority-in-charge every five years.
Article 15
The surplus depicted in Article 21 of the Act refers to unstable possible yield of surface water with flow exceedance probability of 85% or higher, based on hydrological testing.
Based on hydrological testing conducted in accordance with Article 21 of the Act, the temporary water right is granted only when the water source has a surplus.
Given that the yield constantly maintained by the water source is not sufficient to meet the demands of the applicant, the temporary water right will be granted only after the applicant changes the application.
Article 16
When applying for temporary right of water usage pursuant to Article 21 of the Act, the provisions for the application of water right registration apply to the qualification of the applicant, the format of application form, and the application procedure.
Article 17
Entities that have obtained temporary right of water usage pursuant to Article 21 of the Act should immediately stop the usage as notified by the authority-in-charge or as requested by an interested party through the authority-in-charge when the water source is unable to maintain a constant yield over the granted duration of right.
The temporary right of water usage may be reapplied according to the provisions of the Act upon expiration if the continuing use of water is deemed necessary.
Article 18
Where the authority-in-charge orders water right holders to improve their water conveying or usage technology or facilities pursuant to Article 22 of the Act or reassign water right pursuant to Article 25 of the Act, it may order the water right holder to register changes to water right within a given period. If the water right holder fails to comply accordingly, the authority-in-charge may proceed to make public announcement to the effect, cancel the original water right deed and issue a new deed.
The given period referred to in the preceding paragraph is thirty (30) days, which may be extended another thirty (30) days if the application for extension is deemed reasonable by the authority-in-charge.
Article 19
The term “public utility” depicted in Article 26 of the Act refers to one of the following:
1.National defense facilities.
2.Water supply enterprises.
3.Public health.
4.Public buildings of the central or local government.
5.State-run enterprises.
6.Other enterprises run by the government for the purpose of public interest.
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