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Chapter Law Content

Title: Enforcement Rules for Water Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 4 Registration of Water Right
Article 20
The term “transfer” depicted in Article 27 of the Act refers to the succession or all or part of assignment of water right and associated water work; the term “alteration” refers to change of name, title or representative without changing the entity of water right holder as specified in Subparagraph 3, Article 38 of the Act, or changes to the information stated in Subparagraphs 4 ~ 14 or Subparagraph 16 of Article 38 of the Act.
Article 21
The “natural navigation waterway” depicted in the second paragraph, Article 27 of the Act does not include waterway that was once canalized or had construction work performed to facilitate navigation.
Article 22
If the water intake point for drawing seawater lies below the average low tide level, application for water right registration provided in Article 28 of the Act is not required.
The “average low-tide level” depicted in the preceding paragraph refers to the yearlong average low-tide level of the tide station closest to the water-intake in the latest Tidal Observation Data Annual Report published by the Central Weather Administration.
Article 23
The designated applicant for application of water right registered according to the first paragraph, Article 29 of the Act shall be the following:
1.For registration of water right acquisition, the water work proprietor or the entity that requires access to water source shall apply.
2.For registration of water right transfer or hypothecation of other rights, the water right holder and obligator shall jointly apply.。
3.For registration of water right alteration, the water right holder shall apply.
4.For registration of water right extinguishment, the water right holder shall apply.
Article 24
The application for water right registration pursuant to Article 29 of the Act or for temporary right of water usage pursuant to Article 44 of the Act shall be for single source of water and single purpose of water usage.
Article 25
If the application form and support documents submitted by an applicant for water right registration pursuant to Article 29 of the Act has any of the following situations, the authority-in-charge should notify the applicant to remedy the situation in fifteen (15) days following the receipt of application:
1.The information provided in the application form is unclear.
2.The support documents are incomplete.
3.The application is made by an agent but no power of attorney is provided.
4.Other nonconformities of forms.
Article 26
An applicant shall make remedy in thirty days upon receiving the notice in the foregoing article or else will have his application rejected unless an extension is granted by the authority-in-charge.
The aforesaid extension is limited to once and shall not exceed thirty days.
Article 27
The order of acceptance of application for water right registration as provided in Article 29 of the Act or application for temporary right of water usage as provided in Article 44 of the Act shall be determined by the actual date (year, month, day, hour) of receipt by the authority-in-charge; for applications submitted by registered mail, the date of receipt shall be the date as postmarked.
Article 28
The application for water right or temporary right registration received by the authority-in-charge shall be processed by the order received. An applicant who registers the right first according to law will be granted the water right or temporary right first.
Article 29
The duration of water right specified in subparagraph 2 of Article 30, subparagraph 3 of Article 35 and subparagraph 4 of Article 38 of the Act are as follows:
1. Domestic use and public use: Three to five years.
2. Agricultural use: Three to five years.
3. Hydro-power: Five to twenty years, shall not exceed the effective period of the electricity enterprise license.
4. Industrial use: Three to five years. However, water right registration according to paragraph 1, Article 15-3 of the Renewable Energy Development Act, the duration of water right is from five to twenty years, shall not exceed the effective period of the electricity enterprise license.
5. Navigation: Three to five years.
6. Others: Three to five years.
For the above paragraphs that yield hot spring water, except for the proviso of paragraph 4, which considered hot spring water right, with a duration of two to three years.
The duration of temporary right of use approved according to Article 44 of the Act shall not exceed two years each time. However, for domestic use and public use, shall not exceed three years each time.
If the applicant applies for a water right duration shorter than the minimum duration specified in the preceding three paragraphs, the authority-in-charge may approve it according to the applied duration.
Article 30
The “joint water right” depicted in Article 31 of the Act refers to the same water right acquired jointly by two or more persons.
Article 31
When the authority-in-charge intends to conduct a survey pursuant to Article 33 or Article 44 of the Act, it may notify the applicant and interested parties to be present at the site of survey.
Article 32
When the authority-in-charge makes public announcement pursuant to Article 34 of the Act, it should mail a copy of the announcement to the applicant and interested parties mentioned in the foregoing article by registered mail on the same day.
Article 33
The written opposition filed by an interested party pursuant to Article 36 of the Act shall contain the following information:
1.The name, date of birth, residence, and ID No. of the opposer; in the case of a legal entity or organization with an administrator or a representative, its name, office or business place, and the name, date of birth, residence and ID No. of its administrator or representative.
2.Facts and grounds for opposition.
3.Title and number of evidence.
4.Date of filing.
5.Other required information.
Article 34
For the purpose of reviewing the opposition filed by an interested party according to the first paragraph, Article 36 of the Act, the authority-in-charge may, if deemed necessary, dispatch personnel to meet with the interested party and the applicant to conduct survey.
Article 35
The authority-in-charge shall, within thirty days after completing the survey mentioned in the foregoing article, make a decision on the opposition. If deemed necessary, the authority-in-charge may invite reviews according to Article 97 of the Act.
Article 36
A water right holder that finds it necessary to have the duration of water right extended shall, in a period of thirty days starting from two months before the expiration date, apply for registration of extension. A water right holder that applies the extension behind time and continues to use water after the expiration date shall be punished according to the Act.
A water right holder shall use water as stated on the water right deed in a period of the expiration of original water right and approval of extension, if the extension is applied during the duration of the forgoing paragraph.
Article 37
The so-called “other simple means of drawing water” depicted in Subparagraph 4, Paragraph 1, Article 42 of the Act refers to diverting or drawing water by non-mechanical power and through pipes of 2 inches (inclusive) or below in width or ditches with an cross-sectional area of 2,500 square centimeters (inclusive) or below, without any concrete structure built.
The use which is suspected of interfering with public water works or water usage by others depicted in Paragraph 2, Article 42 of the Act refers includes the following cases:
1. Use of hot spring water that has a significant impact on the amount, temperature and ingredients of hot spring water or other public interests.
2. Use of water from the shared reservoir or water supply pipe established for the collective use of households in a community or village.
3. Other uses recognized by the authority-in-charge.
Article 37-1
People living in the area withoutwater supply or with simple water supply or indigenous people living in indigenous areas and applying for water right registration for the domestic use or public use shall have the priority to be granted with the water right or temporary right in accordance with Article 43 of the Act.
Article 38
With regard to the issue of permit for temporary use of water by the authority-in-charge pursuant to Article 44 of the Act, the provisions for water right registration shall apply to its review, correction, survey, publication, handling of opposition, entry in temporary water use registration book, and preparation of permit.
Article 39
In case the water right deed or permit for temporary use of water is damaged or lost, the water right holder or the temporary permit holder should submit an application to the authority-in-charge for replacement or reissue.
Article 40
When replacing or reissuing a water right deed or temporary permit, the content of the deed or permit shall be identical to the original paper except for the date of replacement or reissue.