Chapter 5 Water Works
Article 41
For the approval of hydraulic work construction, alteration or approval as provided in Article 46 of the Act, a water work proprietor shall apply to the municipal or county (city) authority-in-charge at where the base of the hydraulic structure is located; if the hydraulic structure has any of the following conditions, the water work proprietor shall apply to the central authority-in-charge:
1.The base involves two or more municipalities and/or counties (cities).
2.The base involves the river area, range of drainage facilities, sea embankment area or reservoir storage area under the jurisdiction of the central government.
3.The hydraulic structure is a major public work.
Article 42
The central authority-in-charge will set forth rules for work completion inspection, issue of permit, and procedure for entry into the hydraulic structure registry involving hydraulic structure granted approval by the authority-in-charge pursuant to Article 46 of the Act.
Article 43
An applicant shall report the date of work commencement for a hydraulic structure to the authority-in-charge prior to commencing the work.
Article 44
For the registration of water right concerning a multi-purpose water work mentioned in the second paragraph, Article 53 of the Act, all right holders shall enter a water use agreement and elect one among them as the general representative to apply for the water yield of individual right holders and the collective registration of water right.
When issuing water right deeds, the authority-in-charge should simultaneously issue deeds to individual right holders and the general representative, and note in the name field of the deed the name of individual right holder and the name of general representative, and in the “other items” field of the deed, the water yield approved for said right holder.
Where a multi-purpose water work mentioned in the first paragraph hereof is initiated by the authority-in-charge, the agency in charge or the agency designated to manage the water work shall be the general representative for the purpose of water right registration.
The right holder in the first paragraph hereof refers to an individual, or legal entity, agency, and non-legal entity having a representative or administrator that has existing water right to certain water yield but will take water from the multi-purpose water work concerned or that shares the development expenses of water work concerned.
Where the right holders in the first paragraph hereof fail to elect a general representative, the authority-in-charge will appoint one among them as general representative.
Article 45
When a municipal or county (city) authority-in-charge determines that a water work under application has the value of multi-purpose development, it should report to the central authority-in-charge to handle the application according to Article 54 of the Act.