Chapter 8 Water Conservancy Fund
For the purpose of protecting and maintaining water resources, the government may levy the following fees:
1. water right fees;
2. river construction fees;
3. flood control beneficiary fees.
All the fees levied under the preceding paragraph shall be expended exclusively for water work constructions after deducting administration expenses. The fees shall be budgeted and allocated by the authority-in-charge.
To effectively and sustainable use water resources, the central authority-in-charge may impose the water conservation charge on the user with the water usage exceeding a certain scale. However, the user fulfilling the water-saving measures may be exempted from up to 60% of the water conservation charge.
When the water price of water department is included in the cost of water conservation and drought preparation, the water conservation charge shall be reduced or exempted.
The central authority-in-charge shall work with the central authority-in-charge of relevant industry shall stipulate the calculation and collection, object of collection, payment deadline, water-saving measures, scope and method of reduction of water conservation charge and other related regulations.
The water conservation charge collected in accordance with regulations stipulated in Paragraph 1 shall be managed and used by Water Resources Operation Fund under the central authority-in-charge for the promotion of water resource management, water recycling, and water conservation.
The water right fees shall be levied as follows: for agricultural and industrial use, a cubic meter per minute of supply as a starting point; for hydro-power use, a cubic meter per second of supply as a starting point. Rates shall be promulgated by the central authority-in-charge and announced publicly.
The government may collect river construction fees from vessels which travel on the inland navigable waters and between harbors built and maintained by the government. The schedule of the rates and payments shall promulgated by the central authority-in-charge in consultation with the Ministry of Transportation and Communications.
The government may levy flood control beneficiary fees in light of the benefits received by beneficiaries from its flood control work.
The districts and standards for the purpose of collecting such fees by the authority-in-charge at municipal, or country (city) level shall be promulgated by the central authority-in-charge.
The flood control beneficiary fees shall be levied on owners of land situated in the districts that receive the benefits. If such land is attached with liens, the fees shall be levied on the lienholders.
If any plants, mines, stores, or other building improvements are erected on such land under the preceding paragraph, the levy shall be in proportion to the benefits received according to the levy rules promulgated.
A water work proprietor may charge fees from users based on costs and reasonable profit and in keeping with the principles of public interest.
The collection method and calculation base for the aforesaid fees shall be proposed by the water work proprietor for approval by the authority-in-charge; where the water work is undertaken by an government agency, the government agency will set the collection method and calculation base for the fees.
The central authority-in-charge may set up a Water Resources Operation Fund which shall be used for the following purposes:
1. Management and dredging of reservoirs, sea embankments, rivers or drainage facilities;
2. Emergency and rush repairs of reservoirs, sea embankments, rivers or drainage facilities in case of natural disasters;
3. Relevant personnel training; and
4. Feedback measures.
The aforesaid Water Resources Operation Fund shall be derived from:
1. Allocation under the annual budget;
2. User fees collected by the central authority-in-charge from water work projects, and use of reservoir storage area, sea embankment area, river area or drainage facilities area;
3. Proceeds collected by the central authority-in-charge from the sale of sands and gravels obtained from the dredging of reservoirs, rivers or drainage facilities;
4. Interest income of the Fund; and
5. Other income.
When handling registration of water right, the authority-in-charge may levy a registration fee, a water right certificate fee, temporary use certificate fee, and a survey fee. The fee schedule shall be set by the central authority-in-charge.