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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 the Central Weather Administration.
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 are as follows:
1. Domestic use and public use: Three to five years.
2. Agricultural use: Three to five years.
3. Hydro-power: Five to twenty years, shall not exceed the effective period of the electricity
enterprise license.
4. Industrial use: Three to five years. However, water right registration according to paragraph 1,
Article 15-3 of the Renewable Energy Development Act, the duration of water right is from five to
twenty years, shall not exceed the effective period of the electricity enterprise license.
5. Navigation: Three to five years.
6. Others: Three to five years.
For the above paragraphs that yield hot spring water, except for the proviso of paragraph 4, which
considered hot spring water right, with a duration of two to three years.
The duration of temporary right of use approved according to Article 44 of the Act shall not exceed
two years each time. However, for domestic use and public use, shall not exceed three years each
time.
If the applicant applies for a water right duration shorter than the minimum duration specified in the
preceding three paragraphs, the authority-in-charge may approve it according to the applied
duration.
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
Administration.
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 enforced on the date of promulgation, except for the amendments to
subparagraph 4, paragraph 1, and paragraph 2 of Article 29 made on February 7, 2024, which shall
be enforced on June 23, 2023.
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