Chapter 5 Water Works
The construction, alteration, or removal of any of the following structures for a water work shall have the prior approval of the authority-in-charge:
1. flood control structure;
2. water conveying structure;
3. reservoir structure;
4. drainage structure;
5. ground water extraction structure;
6. navigation related structure;
7. hydro-power related structure; and
8. other hydraulic structures.
For construction or alternation of any structures enumerated above, the proprietor shall submit detailed plans, drawings, and descriptions for the approval of authority-in-charge. Where it is necessary to amend or alter the approved plans or drawings due to special circumstances, the proprietor shall show cause and submit the modified plans or drawings for approval to effect the alteration. However, for the sake of hazard prevention or temporary relief, the proprietor may proceed with change of plan without prior approval and file with the authority-in-charge afterwards.
The authority-in-charge may issue an order of alteration or demolition of any hydraulic structure built without its prior approval.
The authority-in-charge may revoke or restrict the approval granted to a water work in any of the following events; if necessary, the authority-in-charge may order an alteration or demolition:
1. construction not in compliance with the approved plan or exceeding the scope of approval;
2. poor working method that adversely affects public interests;
3. working procedures not in compliance with laws and regulations;
4. failure to commence or complete work within the permitted duration unless an extension is granted by the authority-in-charge under special circumstances.
To prevent the infringement on the sustainable use of groundwater, seawater intrusion, or subsidence due to over-extraction of ground water in a certain area, the central authority-in-charge may designate a district as ground water control area to restrict or ban the development of ground water. The central authority-in-charge shall promulgate the control measure for zoning procedures, well drilling, water registration and other related regulations therefore.
For the purpose of agricultural water use in the ground water control area, the central authority-in-charge shall work with the central agricultural authority-in-charge to promulgate the control measure for zoning procedures, well drilling, water registration and other related regulations therefore.
The authority-in-charge may restrict, alter, or revoke any water right already granted within a ground water control district stipulated in Paragraph 1.
Where applicable, the proprietor of a water work shall draw up a plan for water gate use standards, schedules, and method in connection with structures used in flood control, conveyance, storage, or drainage. Such a plan shall be approved and made public by the authority-in-charge. If deemed necessary, the authority-in-charge may demand changes to the plan within a prescribed period.
A water work proprietor shall maintain, repair, or rebuild on a regular basis the hydraulic structures and any appurtenances or accessories thereto built for flood control, conveyance, storage, or drainage, and carry out inspection and safety evaluation of the same on a periodic and as-needed basis.
The central authority-in-charge, in consultation with relevant agencies, will prescribe the scope, items, and procedures of the aforementioned inspection and safety evaluation.
When a water work adversely affects the interests of a water right holder, the authority-in-charge may order its proprietor to construct proper structures or provide other remedies.
When the construction of a water work has an impact on flood control, the authority-in-charge may order the proprietor to construct proper flood control structures.
When it is necessary to construct dams or gates on navigable waterways for a water work, lock gate shall be built at suitable locations. The number, size, and schedule for opening and closing the lock gate shall be prescribed by the authority-in-charge according to actual needs.
The proprietor shall bear the costs and expenses of building the lock gates under the preceding paragraph. If the depth of navigable waters increases due to the construction of a dam, the authority-in-charge may, after considering the nature of the navigable waters, subsidize the costs and expenses of the construction after approval by its superior authority.
When a water work has a potential to be developed for multiple purposes, its proprietor may negotiate with people or entities involved to participate in the development project and share costs and expenses based on economic appraisal. If necessary, the proprietor may request assistance and guidance from the authority-in-charge.
Where the aforementioned multi-purpose water work or several water works are to be jointly used by different entities, the intended users should elect a general representative for water right registration to facilitate the unified management of water resources. Where the water work concerned is initiated by the authority-in-charge, the agency managing the water work shall be the general representative for the purpose of water right registration.
When the central authority-in-charge deems it necessary to upscale a water work or expand its benefits, it may, without consent of any involved agencies or entities, order its proprietor to reserve room for such upscale or add fundamental facilities, and raise and advance funds therefor.
To safeguard the safety and security of reservoir, the following conducts or activities are prohibited in the reservoir storage area:
1. damaging or altering reservoir structure or facility;
2. opening/closing, moving or damaging gate or its auxiliary facility;
3. dumping waste soil or other waste;
4. quarrying, except for dredging activities carried out by the authority-in-charge;
5. raising livestock, breeding aquatic products or planting vegetation;
6. discharging wastewater not complying with the discharge standards set forth by the competent authority; and
7. in violation of the boundaries of play/rest area, activities or conducts permitted and announced by the reservoir authority or management agency.
Construction in the reservoir storage area shall have permit from the authority-in-charge.
The authority-in-charge may entrust the reservoir management agency (entity) to handle the application and issue of permit under the preceding paragraph.
A reservoir storage area shall be managed by its proprietor or a management agency (entity) entrusted by the proprietor. The central authority-in-charge will prescribe the measure for the use and management of reservoir, boundaries of storage area, approval announcement procedure, and other provisions.
For the application for or alteration in development with the water usage reaching a certain scale or the increase in planned water usage, the developer shall submit the water usage plan or revised water usage plan to the authority-in-charge of relevant industry before the application or alteration. The authority-in-charge of relevant industry shall submit it to the central authority-in-charge for approval accordingly.
After the water usage plan is approved, the developer shall carry out the development in accordance with the water usage plan and report to the central authority-in-charge on a regular basis. The central authority-in-charge may carry out the inspection if necessary.
If the actual water usage and the planned water usage have a certain percentage or scale of difference, the developer shall submit the difference analysis report to the central authority-in-charge for review and adjust the water usage plan in accordance with the review result. If the actual water usage exceeds water usage specified in the final water usage plan, the same procedures stipulated in the first paragraph shall apply.
If the development has not been carried out within three years upon approval of the water usage plan, the developer shall apply for the extension or cancelation with the central authority-in-charge two months prior to the expiration; the extension is limited up to three years and once. When the central authority-in-charge orders the developer failing to apply for the extension or cancelation to make an improvement or carry out the development within the deadline and the developer fails to do so, the central authority-in-charge may cancel the approved water usage plan.
Before the approval of the water usage plan or revised water usage plan, the water supplier shall not supply water to the developer.
Before the implementation of the amended Act on May 6, 2016, if the developer with the actual water usage, except for agricultural water use, in the development approved by the authority-in-charge of relevant industry reaching a certain scale fails to submit the water usage plan, the central authority-in-charge may order the developer or the user to submit the water usage plan in accordance with the procedures stipulated in Paragraph 1.
The central authority-in-charge shall stipulate the content, submission, review, approval, extension, cancelation, and revocation of development, developer, user, certain scale, certain percentage, and difference analysis report, report and inspection of water usage, and other related regulations.
When a water work proprietor develops new water sources for waterway in connection with a hydraulic construction, said proprietor has the priority to apply for right of use and collecting income derived from the water source, provided the vested interests in water use of the downstream water right holders are not affected.
The vested interests as referred to in the preceding paragraph shall mean the natural flow of water not exceeding the volume under the registered water right before the new water sources are developed.
When it is necessary to build a weir or a flood gate on a non-navigable waterway with traffic of bamboo or wooden rafts or fishing for a water work, the proprietor shall build routes for such rafts or fishing at proper locations; the measures therefor shall be promulgated by the authority-in-charge.
The costs and expenses of construction under the preceding paragraph shall be borne by the proprietor.
When a water work proprietor’s use of land interferes with a land owner’s ingress and egress or blocks the gutters or waterways, the proprietor shall, with consent of such landowner, build bridge, culvert, aqueduct, or other structures, or provide comparable compensation.
When water is routed through private land in a water conveyance project and causes damages, the landowners may demand compensations from the water work proprietor or land be sold to the proprietor, unless the original condition can be restored immediately and no damages occur after the restoration.
The proprietor of a water work shall report business operations, water utilization, management and maintenance of structures to the authority-in-charge on an annual basis.
To regulate groundwater development, a groundwater well drilling service operator shall apply to the municipal or county (city) government at where it is located for a permit before it may apply for company or business registration.
The central authority-in-charge will set forth regulations governing the well drilling industry that stipulate the approval, qualifications, requirements, classification, technical requirements, and matters relating to the works, operation, and management of a well drilling service operator, as well as the qualifications of its engineers and technicians, construction management and other requirements.
The authority-in-charge may order a well owner to make improvement within a given period if it finds that substandard well drilling work might affect water quality or quantity of the aquifers. If the owner fails to make improvement within the given period or is unable to improve, the authority-in-charge may force closure of the well and impose the costs thereof upon the owner.
Where a well is abandoned or not in use, the well owner shall seal or back fill the well to prevent loss or contamination of water in the aquifer.
The authority-in-charge may hire contractors to do the well sealing or back filling under the preceding paragraph; however, the costs and expenses thereof shall be borne by the well owner.
To promote the economy of water resources, the authority-in-charge may order well owners to install recycling devices to recycle cooling water and recyclable water for industrial use.
A groundwater well drilling service operator in any of the conditions below shall receive a penalty of business suspension for no less than six months and no more than two years:
1. taking on work without meeting the classification qualifications for groundwater well drilling service operators;
2. having received warning three times or more in one year for non-compliance with the regulations governing the well drilling industry specified in the foregoing article;
3. failing to apply for approval of business change according to the prevailing regulations; or
4. hiring unqualified engineer or technician.
If a groundwater well drilling service operator has any of the conditions below, the municipal or county (city) should annul its permit, and notify the authority in charge of company or business registration to annul its company or business registration:
1. losing the ability to carry on business;
2. taking on well drilling work for a water work that is not duly approved by the authority-in-charge;
3. having closed down business for more than one year without applying for resumption of business within a prescribed period;
4. receiving the penalty of business suspension and not turning in its permit, work manual, or work permit of technicians to the authority-in-charge within a prescribed period after being notified so;
5. receiving the penalty of business suspension two or more times within one year;
6. selling or lending others the business permit, or using other’s business permit;
7. not undertaking any well drilling work for two years consecutively; or
8. engaging in bid rigging.
A groundwater well drilling service operator who has its business permit annulled may not reapply in three years.
The technician of a groundwater well drilling service operator who has received warning three or more times for violating the governing regulations specified in Article 60 herein will have his work permit annulled and will not be reissued a permit within one year.
When a water work adversely affects the cleanness of a water source, the authority-in-charge may place restrictions on or ban such a project.
For navigable waterways of particular purposes, the authority-in-charge may limit the number of water ducts or use of pumps.
When a water work involves matters under the jurisdiction of other government agencies, the authorities-in-charge under this Act will carry out the coordination. When matters under the jurisdiction of other government agencies involve water works, the consent of the authorities-in-charge under this Act shall be obtained.
Except for multi-purpose or special-purpose facilities which will be managed by the authority-in-charge or a designated agency, a water work proprietor shall draft the business management plan for its irrigation work and implement the plan accordingly after approval from authority-in-charge.
A water work proprietor that plans to undertake irrigation work shall draw up the irrigation work area and irrigation system for approval by the authority-in-charge; irrigation work undertaken by the municipal or county (city) authority-in-charge shall obtain approval from the central authority-in-charge. The preceding provisions also apply to the alteration or termination of irrigation work.
The alteration or closure of pond, canal channel or other facilities in an irrigation work area shall have the consent of the water work proprietor and the approval of the authority-in-charge.
The following conducts or activities are prohibited within the confines of irrigation facilities as delineated by its proprietor, and approved and publicly announced by the authority-in-charge:
1. filling canal channel;
2. damaging pond, canal channel or accessory structures thereto;
3. opening, closing, moving or damaging water gate or its auxiliary facilities;
4. dumping waste soil or other waste;
5. quarrying or stacking soil and stone;
6. planting or harvesting vegetation, or raising livestock, or breeding aquatic products; or
7. engaging in activities that impedes the safety of irrigation facilities.
The activities of discharging wastewater into or drawing water from canal channel, or building structures on pond or canal facilities or within the boundaries of pond or canal are not allowed unless with the approval of authority-in-charge.
The central authority-in-charge, in consultation with the central authority in charge of irrigation associations, will set forth regulations governing irrigation works to stipulate the construction of irrigation work, alternation, closure, management of irrigation facilities, and other provisions.
The following conducts or activities are prohibited in the sea embankment area:
1. damaging or altering the sea embankment;
2. opening, closing, moving or damaging water gate or its auxiliary facilities;
3. dumping waste soil or other waste;
4. quarrying or stacking soil and stone;
5. raising livestock, or harvesting vegetation; or
6. engaging in activities that impedes the discharge or safety of embankment facilities.
The activities of breeding aquatic products, planting vegetation, or constructing, rebuilding, repairing or demolishing structures or other facilities in sea embankment area are not allowed unless with the approval of authority-in-charge.
The central authority-in-charge will set forth regulations governing the zoning, approval, public announcement, use and management of sea embankment area, flood control, flooding emergency, inspection and maintenance of embankment safety, and other provisions.