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Chapter 1 General Provisions
Article 1
The Rules herein are set forth in accordance with Article 98 of the Water Act
(hereinafter referred to as the “Act”).
Article 2
The term “surface water” depicted in the Act refers to water flowing or standing
on ground surface; the term “groundwater” refers to water flowing or standing
below the ground surface. However, subsurface water inside the unsaturated zone
under the riverbed within the waterway belongs to surface water.
Article 3
The terms depicted in Article 3 of the Act below are defined as follows:
1.“Flood control” means control or fending off heavy rainfall or flooding by
artificial means to abate or alleviate the damages of flood submergence.
2.“Tidal wave control” means constructing sea embankment or using other artificial
means to prevent damages brought about by tidal waves in coastal or estuary areas.
3.“Irrigation” means drawing water by artificial means to irrigate farmland or
crops for the purpose of agricultural development.
4.“Drainage” means discharging by artificial means surface or ground water that
is potentially hazardous or may be reutilized.
5.“Leaching of injurious salt” means flushing or leaching soil with water by
artificial means to remove or reduce the acid, base or salt content in soil.
6.“Soil conservation” means using artificial means to enhance the rational use of
land, conserve water sources, or prevent soil erosion.
7.“Water reservation” means holding or storing and utilizing surface or ground
water by artificial means.
8.“Silt dredge” means diverting water to designated areas by artificial means to
hold or precipitate silt or transport sediment to ameliorate land degradation or
improve waterway.
9.“Water supply” means transporting and distributing water resources via hydraulic
structures to supply water usages specified in the first paragraph of Article 18 of
the Act.
10.“Pier construction” means constructing harbor or pier along the bank of waterway.
11.“Facilitating navigation” means opening waterways or digging canals by artificial
means to facilitate navigation.
12.“Hydro-power development” means converting by artificial means the potential
energy of water via water turbine into mechanical or electric energy.
Article 4
The term “waterway” depicted in the Act refers to areas run through by rivers,
lakes, regional drainage, distributary.
Article 5
The term “reservoir” depicted in the Act refers to weir, dam and auxiliary facilities
and water storage area thereto significantly associated with use of water resources
and flood control, and announced as such by the central authority-in-charge.
Reservoirs announced before the promulgation of this Rule as amended on November 12,
2018, regulations before the amendment shall still apply. The original reservoir
announcement , when necessary, the central authority-in-charge may consult with the
reservoir management agency (entity) and the related competent authorities to consider
for abolishment in accordance with the preceding paragraph.
Article 6
The term “water right holder” in the Act refers to a person granted with water
right, including individual, or legal entity, agency (institution), and non-legal
entity having a representative or administrator.
Article 7
The term “water work proprietor” depicted in the Act refers to one of the following
occasions:
1.In the case involving the construction, alteration or removal of hydraulic structures,
the person who applies to the authority-in-charge for approval pursuant to the second
paragraph, Article 46 of the Act before the work is completed; or the person who
controls, operates, maintains or manages the water work after it is completed.
2.In the case not involving the construction, alteration or removal of hydraulic structures,
the person who controls, operates, maintains or manages a water work.
3.Where the water work is constructed by the government, its proprietor is the government
agency in charge before the work is completed, or the designated management agency after
the work is completed.
Article 8
The term “soil and stone” depicted in the Act refers to ores existing in solid-state
mass as stipulated in subparagraph 1, Article 4 of Quarrying Law and Article 3 of
Mining Law.
Article 9
The term “water for agricultural use” depicted in the Act refers to water used
by agricultural, forestry, fishery and animal husbandry industries; the term “water
for industrial use” refers to water used by factories or mines for cooling, consumption
or wastewater treatment; the term “water for hydro-power use” refers to water used in
hydro-power generation.
Chapter 2 Water Districts and Administrations
Article 10
The “alteration of waterway” depicted in Article 9 of the Act refers to the
following behaviors:
1.Manually divert rivers or regional drainage in part or in whole to other rivers
or regional drainage of the same or different water system, including original
rivers or regional drainage having impacts on two or more municipalities or
counties (cities).
2.Open up new waterways that divert rivers or regional drainage in part or in
whole to the sea.
Chapter 3 Water Right
Article 11
Regarding the “use of water needed by an entity” depicted in Article 17 of the
Act, the following major factors should be considered:
1.Domestic use and public use: population of water supply.
2.Agricultural use:
(1) Irrigation:type of crop, irrigated area, irrigation rate,water conveyance loss,
and time of daily water use.
(2) Aquaculture: type and area of aquaculture.
(3) Livestock: type and number of livestock.
3.Hydro-power: designated water for generating units.
4.Industrial use: designated water for development of industrial areas, which is
adjusted according to actual needs; for individual factories, the type of industry,
use of water per unit area, and the area of factory shall be considered.
5.Others: granted based on actual purposes.
Article 12
When a single-purpose or multi-purpose water work proprietor applies for water right
registration, the water yield registered for each purpose of usage shall be the use
of water approved by the authority-in-charge for the water work project, unless it
is otherwise agreed among different water work proprietors and approved by the
authority-in-charge.
The yield of water approved for a water work project by the authority-in-charge as
specified in the preceding paragraph shall not contravene Article 55 of the Act.
Article 12-1
When reviewing the water yield under the surface water rightin hydraulic structures
established in accordance with Article 55, the authority-in-charge shall refer to
the average inflow and actual capacity within the storage area of hydraulic structures,
the authorized water supply, the authorized downstream water yield under the surface
water right, the use of water needed by an entity, and other necessary matters for
approval.
The chief representative of water right registration or the administrative authority
of hydraulic structuresreferred to in the preceding paragraph shall review and update
the water supply of hydraulic structures on a regular basis or based on actual situations
and submit it to the authority-in-charge upon applying for the extension of water rightsas
a reference to the review of water yield.
Article 13
Where the right of a water work changes hand as a result of compulsory execution or
government requisition, the transfer, change or extinguishment of the original right shall
be registered according to the Act based on the purpose and content of the compulsory
execution or requisition.
Article 14
The authorized yield depicted in Articles 20 and 23 of the Act refers to the water
yield stated in the water right deeds.
Article 14-1
When reviewingthe water yield under the surface water right, the authority-in-charge
shall refer to the constantly maintained yield based on hydrological testing, the
authorized downstream water yield under the surface water right, the use of water needed
by an entity, and other necessary matters for approval.
The constantly maintained yield referred to in the preceding paragraph refers to yield
of surface water with flow exceedance probability of 85% or higher. The constantly maintained
yield will be reviewed and updated by the authority-in-charge every five years.
Article 15
The surplus depicted in Article 21 of the Act refers to unstable possible yield of surface
water with flow exceedance probability of 85% or higher, based on hydrological testing.
Based on hydrological testing conducted in accordance with Article 21 of the Act, the
temporary water right is granted only when the water source has a surplus.
Given that the yield constantly maintained by the water source is not sufficient to meet
the demands of the applicant, the temporary water right will be granted only after the
applicant changes the application.
Article 16
When applying for temporary right of water usage pursuant to Article 21 of the Act, the
provisions for the application of water right registration apply to the qualification of
the applicant, the format of application form, and the application procedure.
Article 17
Entities that have obtained temporary right of water usage pursuant to Article 21 of the
Act should immediately stop the usage as notified by the authority-in-charge or as requested
by an interested party through the authority-in-charge when the water source is unable to
maintain a constant yield over the granted duration of right.
The temporary right of water usage may be reapplied according to the provisions of the Act
upon expiration if the continuing use of water is deemed necessary.
Article 18
Where the authority-in-charge orders water right holders to improve their water
conveying or usage technology or facilities pursuant to Article 22 of the Act or reassign
water right pursuant to Article 25 of the Act, it may order the water right holder
to register changes to water right within a given period. If the water right holder
fails to comply accordingly, the authority-in-charge may proceed to make public
announcement to the effect, cancel the original water right deed and issue a new deed.
The given period referred to in the preceding paragraph is thirty (30) days, which may
be extended another thirty (30) days if the application for extension is deemed reasonable
by the authority-in-charge.
Article 19
The term “public utility” depicted in Article 26 of the Act refers to one of the
following:
1.National defense facilities.
2.Water supply enterprises.
3.Public health.
4.Public buildings of the central or local government.
5.State-run enterprises.
6.Other enterprises run by the government for the purpose of public interest.
Chapter 4 Registration of Water Right
Article 20
The term “transfer” depicted in Article 27 of the Act refers to the succession or
all or part of assignment of water right and associated water work; the term “alteration”
refers to change of name, title or representative without changing the entity of
water right holder as specified in Subparagraph 3, Article 38 of the Act, or changes
to the information stated in Subparagraphs 4 ~ 14 or Subparagraph 16 of Article 38 of
the Act.
Article 21
The “natural navigation waterway” depicted in the second paragraph, Article 27 of
the Act does not include waterway that was once canalized or had construction work performed
to facilitate navigation.
Article 22
If the water intake point for drawing seawater lies below the average low tide level,
application for water right registration provided in Article 28 of the Act is not required.
The “average low-tide level” depicted in the preceding paragraph refers to the
yearlong average low-tide level of the tide station closest to the water-intake in the
latest Tidal Observation Data Annual Report published by Central Weather Bureau.
Article 23
The designated applicant for application of water right registered according to the
first paragraph, Article 29 of the Act shall be the following:
1.For registration of water right acquisition, the water work proprietor or the
entity that requires access to water source shall apply.
2.For registration of water right transfer or hypothecation of other rights, the
water right holder and obligator shall jointly apply.。
3.For registration of water right alteration, the water right holder shall apply.
4.For registration of water right extinguishment, the water right holder shall apply.
Article 24
The application for water right registration pursuant to Article 29 of the Act or
for temporary right of water usage pursuant to Article 44 of the Act shall be for
single source of water and single purpose of water usage.
Article 25
If the application form and support documents submitted by an applicant for water
right registration pursuant to Article 29 of the Act has any of the following situations,
the authority-in-charge should notify the applicant to remedy the situation in fifteen
(15) days following the receipt of application:
1.The information provided in the application form is unclear.
2.The support documents are incomplete.
3.The application is made by an agent but no power of attorney is provided.
4.Other nonconformities of forms.
Article 26
An applicant shall make remedy in thirty days upon receiving the notice in the foregoing
article or else will have his application rejected unless an extension is granted
by the authority-in-charge.
The aforesaid extension is limited to once and shall not exceed thirty days.
Article 27
The order of acceptance of application for water right registration as provided in
Article 29 of the Act or application for temporary right of water usage as provided
in Article 44 of the Act shall be determined by the actual date (year, month, day,
hour) of receipt by the authority-in-charge; for applications submitted by registered
mail, the date of receipt shall be the date as postmarked.
Article 28
The application for water right or temporary right registration received by the
authority-in-charge shall be processed by the order received. An applicant who registers
the right first according to law will be granted the water right or temporary right first.
Article 29
The duration of water right specified in subparagraph 2 of Article 30, subparagraph
3 of Article 35 and subparagraph 4 of Article 38 of the Act shall be three to five years
for each purpose of water usage as provided in the first paragraph of Article 18 of
the Act. Notwithstanding the foregoing, the duration of water right shall be two to
three years for each purpose of water usage as provided in the first paragraph of
Article 18 of the Act if the source of water is associated with hot spring water right.
The validity of permit for temporary use of water issued according to Article 44 of the
Act shall not exceed two years each time.
The duration of water right shall be issued as applicants requested if less than the minimum
duration specified in the first paragraph.
Article 30
The “joint water right” depicted in Article 31 of the Act refers to the same water
right acquired jointly by two or more persons.
Article 31
When the authority-in-charge intends to conduct a survey pursuant to Article 33 or Article
44 of the Act, it may notify the applicant and interested parties to be present at the site
of survey.
Article 32
When the authority-in-charge makes public announcement pursuant to Article 34 of the Act,
it should mail a copy of the announcement to the applicant and interested parties mentioned
in the foregoing article by registered mail on the same day.
Article 33
The written opposition filed by an interested party pursuant to Article 36 of the
Act shall contain the following information:
1.The name, date of birth, residence, and ID No. of the opposer; in the case of a legal
entity or organization with an administrator or a representative, its name, office or
business place, and the name, date of birth, residence and ID No. of its administrator
or representative.
2.Facts and grounds for opposition.
3.Title and number of evidence.
4.Date of filing.
5.Other required information.
Article 34
For the purpose of reviewing the opposition filed by an interested party according
to the first paragraph, Article 36 of the Act, the authority-in-charge may, if deemed
necessary, dispatch personnel to meet with the interested party and the applicant to
conduct survey.
Article 35
The authority-in-charge shall, within thirty days after completing the survey mentioned
in the foregoing article, make a decision on the opposition. If deemed necessary,
the authority-in-charge may invite reviews according to Article 97 of the Act.
Article 36
A water right holder that finds it necessary to have the duration of water right
extended shall, in a period of thirty days starting from two months before the expiration
date, apply for registration of extension. A water right holder that applies the extension
behind time and continues to use water after the expiration date shall be punished
according to the Act.
A water right holder shall use water as stated on the water right deed in a period of
the expiration of original water right and approval of extension, if the extension is
applied during the duration of the forgoing paragraph.
Article 37
The so-called “other simple means of drawing water” depicted in Subparagraph 4,
Paragraph 1, Article 42 of the Act refers to diverting or drawing water by non-mechanical
power and through pipes of 2 inches (inclusive) or below in width or ditches with an
cross-sectional area of 2,500 square centimeters (inclusive) or below, without any
concrete structure built.
The use which is suspected of interfering with public water works or water usage by
others depicted in Paragraph 2, Article 42 of the Act refers includes the following
cases:
1.Use of hot spring water that has a significant impact on the amount, temperature
and ingredients of hot spring water or other public interests.
2.Use of water from the shared reservoir or water supply pipe established for the
collective use of households in a community or village.
3.Other uses recognized by the authority-in-charge.
Article 37-1
People living in the area withoutwater supply or with simple water supply or indigenous
people living in indigenous areas and applying for water right registration for the
domestic use or public use shall have the priority to be granted with the water right
or temporary right in accordance with Article 43 of the Act.
Article 38
With regard to the issue of permit for temporary use of water by the authority-in-charge
pursuant to Article 44 of the Act, the provisions for water right registration shall
apply to its review, correction, survey, publication, handling of opposition, entry
in temporary water use registration book, and preparation of permit.
Article 39
In case the water right deed or permit for temporary use of water is damaged or
lost, the water right holder or the temporary permit holder should submit an application
to the authority-in-charge for replacement or reissue.
Article 40
When replacing or reissuing a water right deed or temporary permit, the content of
the deed or permit shall be identical to the original paper except for the date of
replacement or reissue.
Chapter 5 Water Works
Article 41
For the approval of hydraulic work construction, alteration or approval as provided
in Article 46 of the Act, a water work proprietor shall apply to the municipal or
county (city) authority-in-charge at where the base of the hydraulic structure is
located; if the hydraulic structure has any of the following conditions, the water
work proprietor shall apply to the central authority-in-charge:
1.The base involves two or more municipalities and/or counties (cities).
2.The base involves the river area, range of drainage facilities, sea embankment
area or reservoir storage area under the jurisdiction of the central government.
3.The hydraulic structure is a major public work.
Article 42
The central authority-in-charge will set forth rules for work completion inspection,
issue of permit, and procedure for entry into the hydraulic structure registry
involving hydraulic structure granted approval by the authority-in-charge pursuant
to Article 46 of the Act.
Article 43
An applicant shall report the date of work commencement for a hydraulic structure
to the authority-in-charge prior to commencing the work.
Article 44
For the registration of water right concerning a multi-purpose water work mentioned
in the second paragraph, Article 53 of the Act, all right holders shall enter a
water use agreement and elect one among them as the general representative to apply
for the water yield of individual right holders and the collective registration of
water right.
When issuing water right deeds, the authority-in-charge should simultaneously issue
deeds to individual right holders and the general representative, and note in the
name field of the deed the name of individual right holder and the name of general
representative, and in the “other items” field of the deed, the water yield approved
for said right holder.
Where a multi-purpose water work mentioned in the first paragraph hereof is initiated
by the authority-in-charge, the agency in charge or the agency designated to manage
the water work shall be the general representative for the purpose of water right
registration.
The right holder in the first paragraph hereof refers to an individual, or legal
entity, agency, and non-legal entity having a representative or administrator that has
existing water right to certain water yield but will take water from the multi-purpose
water work concerned or that shares the development expenses of water work concerned.
Where the right holders in the first paragraph hereof fail to elect a general representative,
the authority-in-charge will appoint one among them as general representative.
Article 45
When a municipal or county (city) authority-in-charge determines that a water work
under application has the value of multi-purpose development, it should report to the
central authority-in-charge to handle the application according to Article 54 of the
Act.
Article 46
(Deleted)
Chapter 6 Water Storage and Drainage
Article 47
The “flood” depicted in Article 64 of the Act refers to inundation and pooling of
water; “inundation” is defined as an overflowing of water in the waterway that
surpasses the possible accommodation and discharge limits of waterway and suffices
to spill over and cause disaster; “pooling of water” is defined as a body of standing
water on ground surface from rain or melted snow and enough to cause damages of flood
submergence.
The “distributary” depicted in Article 64 of the Act refers to another waterway
constructed to divert the overflow in certain section of the main channel and merge the
diverted flow back into the main channel at a proper downstream location or discharge
the diverted flow into a lake or ocean, or store it temporarily in a low-lying area.
The “newly constructed waterways” depicted in Article 64 of the Act refers to new
waterways constructed to divert or discharge water for the purpose of flood control; a
waterway that is also used for navigation is regarded as a canal.
Article 48
Water that flows into the waterway system after being used by the original water right
holder may be reutilized by the same water right holder or others. However the water
user shall register his water right according to the Act.
Article 49
The “land likely to be flooded” depicted in Article 69-1 of the Act refers to water
storage area reached by the maximum flood level designed for the reservoir and by its
backwater, the land on which important facilities of the reservoir are built, and the
protection belt of reservoir.
Article 50
The reservoir proprietor or its manager will draw up the rules and procedures for
storage and utilization of water, flood control operation, emergency measures and
reservoir operational procedures and submit them to the authority-in-charge for
approval and public announcement.
Article 51
For reservoirs equipped with floodgate, the maximum outflow at the water level rising
section during the flood period shall not be greater than the maximum inflow into
the reservoir; the increment of discharge flow of reservoir shall not surpass the
maximum increment of inflow. However when there is concern over reservoir safety, the
flood control operation and emergency measures provided in the foregoing article may
prevail.
The “outflow” in the preceding paragraph is the discharge flow after the regulation
of after bay or equivalent facilities at downstream of reservoir, if any.
Chapter 7 Waterway Protection
Article 52
The “water level” depicted in the first paragraph, Article 74 of the Act refers to
the alert levels classified and announced by the authority-in-charge.
Article 53
The “scope of waterway protection” depicted in the first paragraph, Article 75 of
the Act refers to river area, range of drainage facilities or areas reached by the
flow of waterway.
Article 54
The “emergency measure for flood control” depicted in the first paragraph, Article
76 of the Act applies to the period of torrential rain alert or typhoon alert announced
by the Central Weather Bureau.
Article 55
The agency in charge of flood control as provided in Article 77 of the Act shall keep
the authority-in-charge informed of the water level everyday during the flood control
season; when the flood water rises, the agency shall immediately circulate the water
level information to relevant agencies and provide the authority-in-charge with a
summary of the river sections with flood control works in place, the status of construction,
and flood situation; after the flood control facilities are removed, the agency shall
prepare a report on the course of flood control and submit it to the authority-in-charge
for reference.
Article 55-1
Discharging wastewater or drawing water with prior approval from the authority depicted
in Subparagraph 2, Article 78-1 and Subparagraph 2, Paragraph 2, Article 78-3 of the Act
refers to discharging wastewater or drawing water in constructions.
Article 55-2
Plants or structures that shall be appropriately compensated in accordance with
Paragraph 1, Article 79 of the Act are limited to those permitted by law; the land
stretching to the outer reach of normal flood water depicted in Paragraph 2, Article
79 of the Act refers to the land ranging from the level of normal flood water to the
line of river reservation zone.
Article 56
The “area between a dike and river banks” depicted in Article 80 of the Act refers
to the area between the line connecting hydraulic structures and land outside the dike
and the line on the water side of the river channel.
Article 57
The “sandbank or beach of a waterway” depicted in Article 81 of the Act refers to
an area with access prohibited or restricted due to obstruction of water flow or flood
control, including swamp, reclaimed land and delta at estuary, and designated flood
discharge area.
Article 58
The “line of waterway management plan” depicted in Article 82 of the Act refers to
the water-side dike shoulder lines or lines bordering the width of water surface under
the waterway management plan; the “boundary line” refers to the line covering the
designated or constructedhydraulic structures or drainage facilities, flood barrier
roads, land reserved for maintenance and repair, and land for safety control.
Article 59
The “normal flood submerge level” depicted in Article 83 of the Act refers to the
flood level corresponding to the runoff peak flow with two-year return period？;
the “areas under normal flood submerge level” refers to areas covering the land-adjoining
side of two banks facing the normal flood submerge level plus a certain area.
Chapter 8 Water Conservancy Fund
Article 60
The “water right fees” depicted in the first paragraph, Article 84 of the Act refers
to fees levied on water right holders; the “river construction fees” refers to fees
levied on passing ships and boats on a quarterly or per time basis; the “flood
control beneficiary fees” refers to fees levied on beneficiaries of flood control
works on an installment basis.
The “river construction fees” in the preceding paragraph does not include lockage
fees of canalized waterway; the “flood control beneficiary fees” includes the
construction and maintenance costs of the flood control work.
The “water right fees” in subparagraph 1, first paragraph of Article 84 will be
collected by the authority-in-charge of water right registration under Article 28 of
the Act.
Article 61
The fund designated for water work constructions mentioned in the second paragraph,
Article 84 of the Act refers to fund expended exclusively for the construction,
maintenance, and management of hydraulic facilities, as well as the research and
development of water works, including survey and testing, research planning, design
and construction, scholarship, grant, manpower cultivation, and instrument manufacture.
Article 62
The “supply of water” depicted in Article 85 of the Act refers to water yield stated
in the water right deeds.
Article 63
The water right fees levied according to Article 85 of the Act will be collected
according to the water yield stated in the original water right deeds if the registration
of right extension, alteration or extinguishment is not carried out or if the registration
is not completed during the levy period; after the registration is completed, water right
fees will be levied according to the new registration record.
Article 64
The districts subject to flood control beneficiary fees depicted in Article 88 of the
Act refer to districts protected by the construction and maintenance of flood control
works.
Article 64-1
Intake or use without permission depicted in Paragraph 1, Article 93 of the Act includes
the following cases:
1.Any person who takes or uses water without registering the water right based on the
Act. However, wells that already exist since August 4, 2010 and are reported for control
by the deadline prescribed by the authority-in-charge shall not apply.
2.Any person who has acquired the water right and takes or uses water in violation of
Article 38 0f the Act, except for one who lawfully allocates water resources under the
authority-in-charge’s command in response to the drought.
3.Any person who is exempted from water right registration and takes or uses water before
registering the water right by the deadline prescribed by the authority-in-charge based on
Paragraph 2, Article 42 of the Act.
Chapter 9 Supplemental Provisions
Article 65
The central authority-in-charge will prescribe the formats for the documents, charts,
figures and forms stipulated in the Act and the Rules herein.
Article 66
The Rules herein shall be in force on the date of promulgation.
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