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Chapter Law Content

Title: Water Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 4 Registration of Water Right
Article 27
The acquisition, creation, transfer, alteration or extinguishments of water right shall be null and void unless duly registered pursuant to this Act.
The provisions in the preceding paragraph do not apply to water rights associated with navigating the natural navigation waterway.
Article 28
An application for water right registration shall be filed with the authorities-in-charge at the municipal or country (city) level. A registration in connection with a water source flowing through two or more counties (cities) shall be filed with the central authority-in-charge. A registration in connection with a water source flowing through two or more provinces (municipalities) shall be filed with the central authority-in-charge.
For the purpose of water right registration, a water right registration book shall be in place.
Article 29
When registering water right with the authority-in-charge, the following documents shall be submitted by the right holder and the obligator, or an agent thereof:
1. the application form;
2. supporting documents substantiating the rights or water right deeds;
3. other documents or drawings pursuant to the laws.
When an agent files the application, a power of attorney shall be provided.
In the event that the government undertakes water works, the applicant shall be the sponsoring department of the government.
For ground water development, engineering plans and detailed descriptions shall be submitted along with the application for water right. Water right will be granted pursuant to the laws after the construction is completed and commences water supply.
Article 30
The application form in the foregoing article shall provide the following information:
1. name, gender, place of birth, age, residence, and occupation of the applicant;
2. duration of water right requested;
3. source of water right;
4. reasons for registration;
5. water usage;
6. source of water;
7. scope of use;
8. the method of use;
9. location of water intake;
10. location of water outtake;
11. water yield;
12. height of waterhead (for hydro-power);
13. well depth (for ground water);
14. hours of water use;
15. date; and
16. other required information.
Article 31
Joint owners of water right shall file for registration jointly or by their common agent.
Article 32
When a third party has an interest in the water right under registration, a letter of undertaking provided by such third party or other supporting documents shall be submitted in addition to the application form.
Article 33
Upon receipt of an application for registration of water right, the authority-in-charge shall promptly review the application and conduct a survey. If the application is not procedurally compliant or subject to pending litigation or to a dispute, the authority-in-charge shall notify the applicant to make remedy or suspend the review proceedings until the litigation or the dispute is settled.
Article 34
If finding that the registration application is inappropriate following review and survey, the authority-in-charge shall reject the application by notice, stating the grounds of rejection, within ten (10) days of completing the review; if finding the application is appropriate, the authority-in-charge shall announce publicly according to the following and notify the applicant:
1. post the announcement at a conspicuous place of the registered water right area;
2. post the announcement on the bulletin board of the authority-in-charge.
The public announcement made under the preceding paragraph shall last no less than fifteen (15) days.
Article 35
The following information shall be stated in the public announcement made under the foregoing article:
1. applicant’s name;
2. reasons for registration;
3. duration of water right approved;
4. water usage;
5. source of water ;
6. scope of use;
7. the method of use;
8. location of water intake;
9. location of water outtake;
10. water yield;
11. height of waterhead (for hydro-power);
12. well depth (for ground water);
13. hours of water use;
14. registration date;
15. place and period to file opposition to the registration; and
16. other required information for public announcement.
Article 36
Within fifteen (15) days following the announcement made pursuant to the foregoing two articles, an interested party may file an opposition with the authority-in-charge by submitting a statement of reasons and supporting evidence.
The period above shall commence from the date of public announcement made by the authority-in-charge.
Article 37
Once the water right have been registered and publicly announced, and if no opposition is filed or sustained, the authority-in-charge shall record the right in the water right registration book and issue a water right deed for such right. When the issuer is the authority-in-charge at the municipal or county (city) level, the issuer shall forward or submit the water right deed to the central authority-in-charge for seal checking and filing.
The certificate of water right deed under the preceding paragraph shall be designed by the central authority-in-charge.
Article 38
A water right deed shall state the following information:
1. registration number and water right deed number;
2. application date and number;
3. name of water right holder;
4. duration of water right approved;
5. nature of water use;
6. source of water;
7. scope of water usage;
8. the method of use;
9. location of water intake;
10. location of water outtake;
11. water yield;
12. height of waterhead (for hydro-power);
13. well depth (for ground water);
14. authority-in-charge effecting the registration;
15. other required information.
Article 39
Water right holder shall install a water meter at the location of water intake, and file an annual water consumption record based on monthly water usage and actual volume in use.
The authority-in-charge may inspect the meter and water consumption under the preceding paragraph from time to time.
Article 40
Water right extinguishes upon the expiration of the approved duration. If an extension becomes necessary, a right holder shall file for an extension within three (3) months prior to the stated expiration date.
Article 41
Upon the extinguishments of water right, the water right holder or obligator shall hand in the water right deed and file for extinguishments recordation. When a water right holder fails to do so upon expiration, the authority-in-charge shall amend the book for the extinguishments and make a public announcement to the effect.
Article 42
Surface or ground water usage for the following purposes are exempt from water right registration:
1. domestic use and livestock water consumption;
2. water consumption in accordance with Subparagraph 4, Paragraph 1, Article 19 of the Indigenous Peoples Basic Law;
3. hot spring water less than two cubic meters per household per day; and
4. water drawing by means of human power, animal power, or other simple means.
The authority-in-charge may give recognition upon, or order a water right registration of, the use of water under the preceding paragraph if such use is suspected of interfering with public water works or water usage by others.
Before the implementation of the amended Act on May 6, 2016, the authority-in-charge shall a water right registration of the well drilling on private land, provided that its water output is less than 100 liters per minute, in accordance with the plan, except water usage for the purposes stipulated in Paragraph 1 are exempt from water right registration.
Article 43
When conducting registration of water right, the authority-in-charge shall reserve part of water at the watershed for domestic or public water supply. For the purpose of ground water right registration, the authority-in-charge shall set the distance between wells according to hydrologic data and yield of the well and make a public announcement thereof.
Article 44
Where an application is made for temporary use of water pursuant to Article 21 of this Act, the authority-in-charge shall conduct a survey and process the application within the timeframe prescribed under Article 34 herein and make a registration and public announcement thereof after the approval, and issue a permit for temporary use.
Article 45
To streamline the water right registration procedures, the central authority-in-charge may promulgate the procedures and rules of water right registration.