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Chapter Law Content

Title: Water Supply Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter 4 Operation
Article 58
A water supply enterprise shall draw up operating rules, and announce and implement the rules after obtaining approval from the authority-in-charge. Any amendment of the operating rules shall be filed with the authority-in-charge for approval.
The operating rules pursuant to Paragraph 1 hereof shall contain the conditions of supply water and the agreements between the water supply enterprise and users.
Article 59
The pricing of water supply shall take into account the quality of water and a reasonable profit after deducting the costs from the income. The calculation formula and detail items shall be stipulated by the authority-in-charge; those stipulated by the municipal, county or city authority-in-charge shall be submitted to the central authority-in-charge for approval.
Detailed pricing of water supply or any water rate adjustment proposed by a water supply enterprise shall be approved by the authority-in-charge; the proposal approved by the municipal, county or city authority-in-charge shall be filed with the central authority-in-charge for future reference.
If it is negative growth of units used by a user as comparing to the same period in previous year, the water supply enterprise may give discount to the user depending on profit or loss of the enterprise. The authority-in-charge shall establish the procedures altogether with water supply enterprise.
The reasonable profit pursuant to Paragraph 1 hereof shall be assessed based on the fair value of investment, the interest rate of local banks, and local profit level.
Article 60
The central authority-in-charge shall organize a water rate review commission comprised of representatives from government agencies, consumer groups, scholars and experts to take charge of water rate adjustment. The organizational charter of the commission shall be prescribed by the central authority-in-charge.
Article 60-1
(Deleted)
Article 61
A water supply enterprise, unless with just reasons, shall not refuse the request of water supply in its service area.
When residents apply to access to tap water supply, the fee of external service equipment for the service may budgeted annually by the government subsidy and priority is given to low-income households. Likewise, for users of simple water facilities.
Subsidy directive rule the preceding paragraph shall be prescribed by the central authority-in-charge.
Any person whose request for water service is rejected may apply to the authority-in-charge for intervention.
Article 61-1
Water supply to the user’s pump and water-receiving facilities described in Article 23 herein shall not start until the ownership or the right of superficies of the private land on which the facilities are installed has registered under the user.
Water shall not be supplied until the consent of the private landowner whose land is installed connection pipes of the user’s pump and water-receiving facilities as provided in the preceding paragraph is obtained and the installation is completed.
The public land on which the facilities are installed should obtain the management office's license or consent.
Lands of existing roads on which the facilities are installed but is not owned by the user is entitled to use the land for at least ten (10) years since the initiation of tap water by a water supply enterprise.
Prior to obtaining the ownership of the land, given that the municipal and county (city) authority-in-charge agree issue an agreement and that the user ensures the project is complete under restitution; the user is deemed to have the superficies right of the land and may carry out necessary maintenance and upgrades.
Users shall choose the least damage-inducing locations and invasive approaches to the use of other people’s land. Any resulting damages shall be compensated to the extent of loss.
When disputes arise regarding the issues of locations, approaches, and compensations in the preceding paragraph, the following subjects: tap water user, land ownership or the user may apply to the municipality, county (city) of authority-in-charge for resolution.
Approved compensation in the paragraph 6 shall herein apply to the standard rule of paragraph 3 of Article 53.
The pump and water-receiving equipment described in paragraph 1 may be managed by a water supply enterprise after the owner or the representative of the management committee has made application and acquired the consent from the water supply enterprise. The water supply enterprise may charge the owner or the management committee facilities for improvement fees, operating and maintenance fees as well as all other necessary expenses. The water supply enterprise shall provide and summarize a list of service schedule fees and submit a duplicate copy to the authority-in-charge for reference.
Article 61-2
Where intake pipes for receiving the supply of water cannot be constructed without making use of the land of another or where they can only be constructed through the incurring of excessive expenses, the user is entitled to construct the said pipes under the land of another.
Where lands of existing planned roads or private lands but used as existing public highways, roads or laneways, under which intake pipes for receiving the supply of water are installed with construction permissions given by the municipal or county (city) authority-in-charge, users are free from obtaining agreements or superficies from owners and may carry out necessary maintenance and upgrades.
Where lands of another, private of public, under which intake pipes for receiving the supply of water are installed, the place and method of construction causing the least injury to such other lands shall be chosen and compensation shall be made.
When disputes arise regarding the issue of choice of place, method and compensation provided in the preceding paragraph, the tap water user,land ownership or the usermay apply to the municipal, county or city authority-in-charge for an administrative resolution or initiate a mediation to the townships and county-administered cities mediation committee. If the mediation cannot be successful, the parties shall bring the case before the judicial authorities within 30 days after receiving the certificate of failure of the mediation issued by the committee.
Lands of existing planned roads or private lands but used as existing public highways, roads or laneways, concerning compensation provided in the preceding paragraph, are applicable to the discretionary standard provided in Paragraph 3, Article 53.
Once the administrative resolution applied to the municipal, county or city authority-in-charge by the land ownership or the user as provided in Paragraph 4 is approved, and the compensation responded to the applicant by the tap water user is granted or is lodged with a court, the land ownership or the user cannot refuse the use of the tap water user, the water supply enterprise or the municipal, county or city authority-in-charge. The tap water user and the water supply enterprise can also request the municipal, county or city authority-in-charge to remove obstruction and use the land.
Article 62
A water supply enterprise shall supply water to users on a continuous basis. The water supply enterprise shall publicly announce the districts and time of service interruption in advance and report it to the local authority if water supply will be suspended in part or in whole due to a disaster, emergency measures or construction. If the suspension of water supply is an unprepared event, the water supply enterprise may report it to the local authority afterwards for future reference. In case of special circumstances that a water supply enterprise must suspend water supply continuously for over 12 hours or supply water only during fixed hours, it shall obtain the approval from the local authority-in-charge and make public announcement beforehand.
Users are not entitled to any compensation for the interruption of water service pursuant to Paragraph 1 hereof.
Article 63
A water supply enterprise should make best efforts to install water meters and charge water by units where one unit is one cubic meter. The water supply enterprises may set up the basic units per month after obtaining approval from the authority-in-charge.
A water supply enterprise may charge users for the installation of water meters pursuant to Paragraph 1 hereof.
Article 64
A water supply enterprise may charge users who do not have water meters installed by other methods as approved by the authority-in-charge. The water supply enterprises may also set up the minimum rates per month for those users.
Article 65
A water supply enterprise may charge individual users subsidy fees up to one half of the cost incurred from adding or installing new pipes for those users residing in areas without pipelines.
Article 66
In case of water supply pursuant to subparagraph 3 of Article 34 herein, the water supply enterprise may collect a surcharge after obtaining the approval of authority-in-charge.
Article 67
A water supply enterprise shall not charge the use of water for fire-fighting purpose, and shall give rate discount to the use of water for other public purposes. The measure for rate discount shall be stipulated by the local authority-in-charge.
Article 68
A water supply enterprise may dispatch its employees in uniform and with identification to inspect the equipment of users, record the volume of water consumption or collect water payments during daylight hours. The users may not refuse those actions unless with just reasons.
Article 69
Where it is necessary for a water supply enterprise to look into and handle cases of water theft or illegal use of water, it may proceed according to the provisions pursuant to Article 68 and request the assistance of local military police or police at any time.
Article 70
A water supply enterprise may suspend water service to users under any of the following circumstances:
1. The user engaged in water theft with concrete evidence shown.
2. The equipment installed by user or the way of installment failed meet the requirements upon inspection and the situation was not remedied during a given period.
3. The user refused inspection pursuant to Article 68 or 69 herein without due causes.
4. The user’s payment is two months in arrears after being given the notice.
5. The user refused the installation of water meter.
6. The user violated Article 47 herein and failed to remedy the situation as requested.
The water supply enterprise shall restore water supply to the user after the cause of service suspension pursuant to Paragraph 1 hereof ceases to exist.
Article 71
For the act of water theft, a water supply enterprise may seek indemnification from the offender in an amount equal to three months to one year of water fees in view of the equipment installed, the hours of water service, and the local conditions of water supply.
Article 72
Users may ask the water supply enterprise to check the service equipment or water meters that fail or do not work properly, or check unclean water supply.
Except for breakdown or inaccuracy of water meters, or unclean water supply, the water supply enterprises may charge the users for services rendered under Paragraph 1 hereof.