Goto Main Content
:::

Chapter Law Content

Title: Irrigation Act CH
Category: Ministry of Agriculture(農業部)
Chapter 2: The Demarcation and Management of Farmland Water Conservancy Facilities Areas
Article 5
The Competent Authority shall demarcate farmland water conservancy facilities areas, as well as manage and maintain them, and shall announce the areas to the public; the same applies to the alteration or elimination of such areas. In cases where such areas infringe on indigenous people’s regions, the Competent Authority shall make public announcements in cooperation with the central Competent Authority for indigenous affairs.
Regulations governing the standards for demarcation of farmland water conservancy facilities areas as mentioned in the preceding Paragraph, their management and maintenance, alteration, elimination, or other relevant matters shall be stipulated by the Competent Authority in cooperation with the central Competent Authority for water resources.
Article 6
Farmland drainage in farmland water conservancy activities areas shall conform to runoff allocation plans announced on the basis of the Water Act and to flood prevention plans of the Competent Authority for water resources, to allocate responsibility for flooding in neighboring areas.
Article 7
When the planning, design, and supervision of farmland water conservancy facilities construction projects go beyond a certain scale, the relevant professional engineer certification shall be registered according to law. However, when the Competent Authority is itself handling the project, it must be handled by someone in the Competent Authority who has, in accordance with the law, received the relevant professional engineer certification.
The “certain scale” mentioned in the previous Paragraph shall be announced by the Competent Authority.
Projects for farmland water conservancy facilities in farmland where readjustment has been arranged based on the Farmland Readjustment Act shall not be subject to the provisions of Paragraph 1 of this Article.
Article 8
No one shall arbitrarily alter or demolish farmland water conservancy facilities. However, in order to increase the usage benefits of land, serve the public interest, provide for the needs of infrastructure, or where surrounding farmland has already been rezoned as not for agricultural use, an applicant may, with an attached plan, apply to the Competent Authority, and after receiving authorization, may alter or demolish such facilities within the scope of the authorization; the applicant shall be responsible for funding.
Regulations governing the qualifications of applicants as mentioned in the preceding Paragraph, application procedures, the required contents of plans, documents that shall be attached, conditions for authorization, withdrawal of authorization, and other relevant matters shall be stipulated by the Competent Authority.
Article 9
Land for construction projects needed for construction or improvement of farmland water conservancy facilities shall be acquired through appropriation, establishment of superficies, land easement or rental, purchase by negotiated price, agreement of the landowner, or expropriation.
Article 10
When there is damage to farmland water conservancy facilities that poses an imminent threat to citizens’ lives or the security of their property, the Competent Authority may demolish the facilities; requisition materials, machinery, facilities, or land needed for emergency repairs or actions; draft manpower; or adopt other necessary emergency measures.
In cases where citizens suffer loss as a result of demolition, requisitions, drafting, or other emergency measures as mentioned in the preceding Paragraph, they may apply to the Competent Authority for compensation. However, where the responsibility for the origin of such loss is attributable to the citizen in question, there shall be no compensation.
Compensation for loss as mentioned in the preceding Paragraph shall be paid in money, to a maximum amount of the loss actually suffered. Applicants for compensation must apply within two years of becoming aware of the loss. However, in cases where five years have passed following the occurrence of the loss, no application may be made.
Regulations governing compensation or calculation of value as stipulated in Paragraph 2 of this Article, their standards, processes, payment methods, and other relevant matters that must be followed shall be stipulated by the Competent Authority.
Article 11
Land provided for the use of irrigation associations prior to the coming into effect of this law shall continue to be used as before.
When land as mentioned in the previous Paragraph is state-owned land that can be appropriated for use without compensation, the Competent Authority shall designate a subordinate agency, and after getting the agreement of the managing agency, shall, jointly with this agency, arrange for alteration of the registered managing agency, and the land shall be managed by the designated subordinate agency.
Land as mentioned in the previous Paragraph may not be listed as an asset of the Farmland Water Conservancy Activities Operational Fund set up in accordance with Article 22, Paragraph 1 of this Act.