The revised "Yunnan Province Groundwater Management Measures" (hereinafter referred to as the "Management Measures") have been promulgated and implemented, which is of great significance for regulating groundwater management activities throughout the province, preventing groundwater overexploitation and pollution, ensuring groundwater quality and sustainable utilization, and promoting ecological civilization construction. In order to facilitate a better understanding of the relevant content and effectively implement it, the interpretation of the "Management Measures" is as follows:
1、 Background of revision
Groundwater is an important fundamental and strategic resource in Yunnan Province, playing a crucial role in ensuring water supply for urban and rural life and production, supporting economic and social development, and maintaining a good ecological environment. According to the results of the third national water resources survey and evaluation, the groundwater resources in the province are 70.22 billion cubic meters, accounting for 32.8% of the total water resources in the province. In order to strengthen groundwater management, our province formulated the "Yunnan Province Groundwater Management Measures" in 2009, which played an extremely important role in ensuring groundwater quality and sustainable utilization. With the development of social economy, there have also been some new situations and problems in groundwater management. Firstly, the "Management Measures" before revision were formulated without a direct higher-level law. After the State Council announced the "Regulations on Groundwater Management" (hereinafter referred to as the "Regulations") on October 21, 2021, the inconsistent content between our province's "Management Measures" and higher-level laws needs to be modified, refined, and supplemented accordingly; Secondly, groundwater management involves multiple departmental responsibilities such as water administration, natural resources, and ecological environment, and requires further clarification and refinement of division of labor based on higher-level laws; Thirdly, the groundwater monitoring system is not perfect, the information sharing mechanism is not sound, and the groundwater protection and management work lacks data support, which requires institutional design at the legislative level; Fourthly, it is necessary to further clarify and refine measures such as the delineation and control of prohibited and restricted mining areas, as well as the protection of important spring areas; Fifth, the targeted and effective practical experience accumulated by governments at all levels and their relevant departments in long-term management work needs to be solidified through legislation.
2、 Main content and characteristics
(1) Main content
The revised "Management Measures" include 8 chapters and 49 articles, including General Provisions, Planning and Utilization, Conservation and Protection, Pollution Prevention and Control, Monitoring and Information Management, Supervision and Management, Legal Responsibilities, and Supplementary Provisions. It comprehensively implements the provisions of the "Regulations" and combines Yunnan's actual situation to reflect its characteristics. The main content is as follows:
Chapter 1 General Provisions, consisting of 8 articles. The legislative purpose, scope of application, and management principles have been clarified, and the responsibilities of the government and its relevant departments have been determined. Provisions have been made for assessment and evaluation, publicity and supervision, and scientific and technological rewards.
Chapter 2: Planning and Utilization, consisting of 10 articles. According to relevant regulations of the higher-level law, detailed provisions have been made for the investigation and evaluation of groundwater conditions, protection and utilization, and pollution prevention and control planning. It is clear that the development and utilization of surface water and groundwater should be coordinated, and surface water should be given priority. Provisions have been made for groundwater reserves, water intake permits and water resource fees collection, water intake project construction requirements, and monitoring and management of key areas.
Chapter 3: Conservation and Protection, consisting of 10 articles. It mainly stipulates the formulation of control indicators, installation of measuring facilities, management of emergency backup drinking water sources and agricultural drought resistant emergency wells, procedures for delineating prohibited and restricted mining areas and their prohibited behaviors, approval management of water intake permits, and protection of important spring areas.
Chapter 4 Pollution Prevention and Control, consisting of 6 articles. The regulations mainly focus on key areas for pollution prevention and control, prohibited behaviors for polluting groundwater, measures to prevent groundwater pollution, prevention and control of agricultural non-point source pollution, and prevention and control of pollution from livestock and poultry breeding and slaughter.
Chapter 5: Monitoring and Information Management, consisting of 6 articles. It mainly stipulates the planning and construction of monitoring station networks, maintenance and management of monitoring stations, protection of monitoring facilities, construction of information platforms, and sharing of monitoring results information.
Chapter 6 Supervision and Management, consisting of 4 articles. The regulations mainly include the verification and supervision of groundwater intake projects, safety assessment of centralized groundwater drinking water sources, drainage management, and joint law enforcement mechanisms.
Chapter 7 Legal Liability, consisting of 3 articles. Regulations have been made on legal liability and its application.
Chapter 8 Supplementary Provisions, consisting of 2 articles. Regulations have been made on the interpretation and implementation time of certain terms.
(2) Chapter setting and content characteristics
1. Optimize the chapter structure in combination with Yunnan. Not completely copying and copying, with a rough top and bottom. Firstly, considering the fact that Yunnan Province has no groundwater overexploitation areas recognized by the Ministry of Water Resources, necessary provisions for preventing groundwater overexploitation, such as the delineation and control of prohibited and restricted mining areas, will be included in Chapter 3 "Conservation and Protection" for regulation. Secondly, in accordance with the relevant provisions of the State Council's "Regulations on the Administration of Water Abstraction Permits and Water Resource Fees Collection" on water abstraction permit management, and taking into account the imperfect monitoring system and incomplete information sharing management mechanism in our province, adjustments have been made to add "Chapter 2 Planning and Utilization" and "Chapter 6 Monitoring and Information Management". Thirdly, a basic and complete institutional system has been formed. In the process of formulating the "Management Measures", we fully drew on the experience of northern provinces, southern provinces, and grassroots in Yunnan, and clarified a comprehensive institutional system for groundwater investigation, monitoring, division of responsibilities, protection, governance, and supervision.
2. Quantify Yunnan standards at the practical operational level. There are 49 articles in the "Management Measures", of which 32 are refinement of the "Regulations" based on the actual situation in Yunnan, and 11 are additions or improvements to the original "Management Measures". The data of some clauses will be verified through expert discussions, making it easier for daily management operations. For example, the quantification of the water intake scale for the installation of online measuring facilities in Article 20 (2) is "50000 cubic meters or more"; The underground engineering that construction units and individuals shall register with the water administrative department before the commencement of the project shall be quantified as "underground engineering with excavation depth below the first stable aquitard of groundwater or with an annual drainage scale of more than 50000 cubic meters"; The overall scale of mineral resource mining and underground engineering construction drainage that should apply for a water extraction permit in accordance with the law as stipulated in Article 43, Paragraph 1, is quantified as "reaching 50000 cubic meters or more per year".
3. Fill in Yunnan's shortcomings at the management system level. One is to standardize the management of emergency wells for drought resistance in agriculture. During the 2009 Yunnan drought, a large number of agricultural drought resistant emergency wells were added, but their use and management were not standardized. In order to strengthen the management of agricultural drought resistant emergency wells and correct the disorderly use of groundwater, combined with the experience accumulated from the province wide special action of cleaning up and rectifying the disorderly use of groundwater jointly carried out by the Provincial Department of Natural Resources in recent years, the "Management Measures" have made special provisions for the management of agricultural drought resistant emergency wells, ensuring that they can be closed during normal times and used in emergency situations. The second is to strengthen the management of important spring areas. Based on the actual situation of many important historical, cultural, and ecological value spring areas in our province, such as Lijiang Heilongtan, Dali Butterfly Spring, Longling Banglazhang, Tengchong Dagongguo, etc., the "Management Measures" further clarify the list of important spring areas in the province and refine the relevant content of management and protection responsibility measures. The third is to strengthen the management foundation of groundwater monitoring and other related areas. To address the serious shortage of groundwater monitoring stations in our province, the "Management Measures" explicitly require the development of a groundwater monitoring station network plan, and the joint construction and sharing of information by water administration, natural resources, ecological environment and other departments. At the same time, the "Management Measures" clearly stipulate that mines, drilling wells, groundwater intake projects, exploration holes, and monitoring holes that are planned to be scrapped should be fully utilized. If conditions permit, they should be rebuilt as groundwater monitoring wells and included in the unified management of the monitoring station network after renovation.
3、 Explanation of Some Terms and Conditions
(1) Unified concept of groundwater
Before the revision, Article 2 of the "Management Measures" stipulated that "groundwater referred to in these Measures refers to water bodies existing below the surface, including general groundwater and special groundwater such as geothermal water and mineral water", dividing groundwater into general groundwater and special groundwater. During the revision process, no authoritative definition of "general groundwater" was found. For the sake of standardization, according to Article 2 (2) of the Groundwater Management Regulations, Article 2 (2) of the Management Measures specifies that "groundwater referred to in these Measures refers to water that exists below the surface".
(2) Highlighting the priority use of surface water
Considering the characteristics of groundwater, such as long recharge cycle, slow circulation and renewal, poor self recovery ability, and difficulty in remediation after damage, the "Management Measures" are based on Article 11 (1) of the "Measures for the Implementation of the Water Law of the People's Republic of China in Yunnan Province", which stipulates that "governments at all levels should combine the actual situation of local water resources, develop surface water and groundwater in a unified manner, and give priority to surface water". Drawing on legislative provisions outside the province, Article 11 (1) stipulates that "people's governments at or above the county level should coordinate the development and utilization of surface water and groundwater. If surface water can meet the needs of domestic, production, and ecological water use, surface water should be given priority and the use of groundwater should be strictly controlled".
(3) Strengthen monitoring and management of key areas
The groundwater in centralized drinking water source areas, nine major plateau lake basins, important spring areas and other regions plays a crucial role in ensuring urban and rural living and production water supply, supporting economic and social development, and maintaining a good ecological environment in our province. It is necessary to strengthen and regulate supervision, management and protection through legislation. Article 18 of the "Management Measures" stipulates that "the people's governments at or above the county level shall organize relevant departments to conduct key monitoring and evaluation of the geological ecological environment, groundwater level and other conditions in key areas such as groundwater overexploitation areas, funnel areas, centralized drinking water source protection areas and quasi protection areas, nine major plateau lake basins, important spring areas, etc., and take measures to prevent and control groundwater pollution and overexploitation", and stipulate that the water administrative department shall limit the water intake of water units or individuals in accordance with the law.
(4) Standardize the management of emergency wells for drought resistance in agriculture
In order to effectively regulate the management of agricultural drought resistant emergency wells, the "Management Measures" have made special provisions for the management of agricultural drought resistant emergency wells in Article 23 according to Article 4 of the "Regulations on the Administration of Water Abstraction Permits and Water Resource Fees Collection", clarifying that "if surface water resources are seriously insufficient and cannot meet the needs of agricultural drought resistance, and it is necessary to use agricultural drought resistant emergency wells to extract groundwater, the water taking unit or individual shall submit a written water taking application and obtain the consent of the local county-level water administrative department before use. After the drought is relieved, water taking shall be immediately stopped, and after inspection by the local county-level water administrative department, it shall be sealed or hot prepared as required; if water taking still needs to be continued and a water taking permit should be obtained according to law, the water taking unit or individual shall handle the water taking permit procedures in accordance with the law".
(5) Clear monitoring station renovation procedures
In response to the serious shortage of monitoring stations in our province, Article 36 of the Management Measures stipulates that "mines, drilling wells, groundwater intake projects, exploration holes, monitoring holes that are planned to be scrapped, have good well conditions, guaranteed water quality and quantity, and meet the conditions for reconstruction, shall be organized by the water administrative department of the county-level people's government in conjunction with the natural resources and ecological environment departments for reconstruction and included in the unified management of the monitoring station network." This provision can promote the solution to the serious shortage of monitoring stations in our province.
4、 Explanation of keywords and professional terms
(1) Groundwater intake engineering refers to groundwater intake wells and their supporting facilities, including wells, collection corridors, collection tanks, infiltration channels, injection wells, as well as intake wells and recharge wells for geothermal energy development and utilization projects that require water intake.
(2) The groundwater overexploitation area refers to the area where the actual mining output of groundwater exceeds the mining output, causing the groundwater level to decline continuously, causing ecological damage and geological disasters.
(3) Difficult to renew groundwater refers to groundwater that has no close hydraulic connection with atmospheric precipitation and surface water bodies, and cannot be replenished or replenished very slowly.
(4) Shallow groundwater refers to groundwater that exists above the first stable aquitard below the surface and has close hydraulic connections with atmospheric precipitation and surface water, as well as weakly confined water that has close hydraulic connections with groundwater.
Source: Yunnan Provincial Department of Water Resources

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