ACT ON THE INVESTIGATION, PLANNING, AND MANAGEMENT OF WATER RESOURCES
Act No. 14544, Jan. 17, 2017
Amended by Act No. 15624, Jun. 8, 2018
Act No. 16057, Dec. 24, 2018
Act No. 16608, Nov. 26, 2019
Act No. 17326, May 26, 2020
Act No. 19117, Dec. 27, 2022
Act No. 19169, Jan. 3, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting public welfare and developing the national economy in a sustainable manner by providing for matters necessary to survey water resources; to formulate and implement water resource plans; and to efficiently manage water resources so as to ensure water resources are efficiently conserved, used, and developed and to mitigate and prevent water-related disasters.
The terms used in this Act are defined as follows: <Amended on Jan. 3, 2023>
1. | The term “water resources” means water as resources that can be utilized to maintain human life, economic activities, and the natural environment; |
2. | The term “water cycle” means the continuous movement of water by which precipitated water becomes surface water or groundwater and flows into or is stored in rivers, lakes, marshes, or oceans, and then evaporates and falls back to earth; |
3. | The term “hydrological investigation” means scientifically observing, measuring, investing, and analyzing water levels, the quantity of flowing water (including the quantity of water intake and the quantity of water discharge), and sediment loads in rivers (referring to the rivers defined in subparagraph 1 of Article 2 of the River Act; hereinafter the same shall apply), lakes, and marshes, and the quantity of the precipitation, evapotranspiration, and moisture content of river basins: Provided, That this shall exclude any meteorological observation conducted pursuant to weather-related Acts, such as the Weather Observation Standardization Act; |
3-2. | The term "water resources satellite" means a satellite prescribed by Presidential Decree that is operated to conduct hydrological investigations, collect and distribute information on hydrological investigations, and perform other activities; |
4. | The term “water resources facility” means a facility installed to conserve, use, and develop water resources and to mitigate and prevent disasters, which includes: |
(a) | A facility installed to preserve the functions of a river, improve its utility, and reduce the risk of flood damage, such as embankments, estuary dykes, flood control reservoirs, and floodways; |
(b) | A facility installed to comprehensively use and develop water resources, such as dams, reservoirs, seawater desalination plants, and facilities for securing groundwater resources; |
(c) | A facility installed for water-friendly use in connection with the facility referred to in item (a) or (b); |
(d) | Other facilities prescribed by Presidential Decree; |
5. | The term “water resources management technology” means technology for systematically conserving, using, and developing water resources, for mitigating and preventing water resources-related disasters, such as floods and droughts, or for activities to improve natural and human environments based on water resources. |
Article 3 (Responsibilities of the State) |
(1) | The State is responsible for devising policies for efficiently using and managing water resources and for developing and implementing a comprehensive policy. |
(2) | Each local government shall take necessary measures according to the State’s policy devised pursuant to paragraph (1), and shall formulate and implement a plan catered to the needs of the area concerned. |
(3) | The State and local governments shall devise policies necessary for a sound water cycle to keep rivers from running dry and prevent flood damage. |
(4) | The State and local governments shall endeavor to expeditiously and fairly settle disputes related to water resources, if any. |
Article 4 (Principles of Managing Water Resources) |
(1) | Water resources shall be managed so as to promote public interest as resources for present and future generations. |
(2) | The State shall ensure that all nationals can evenly enjoy benefits from managing water resources regardless of their regions or income. <Amended on May 26, 2020> |
(3) | Where the normal allocation of water resources is difficult due to a prolonged drought, etc., the State shall preferentially consider allocating water resources to uses essential for basic human life and economic activities, such as supplying drinking water. |
(4) | Water resources of all shapes, including surface water and groundwater, shall be managed in an integrated manner to maintain mutual balance, considering their close interconnectedness through the water cycle. |
(5) | Water resources shall be managed with consideration comprehensively given to the impact on social, economic, cultural, and natural environments, as well as to securing water quantity, supplying water, and preventing disasters. |
Article 5 (Relationship to Other Statutes) |
Except as provided in other statutes, the investigation, planning, and management of water resources shall be governed by this Act.
CHAPTER II WATER RESOURCE SURVEYS
Article 6 (Conducting River Basin Surveys) |
(1) | The Minister of Environment shall survey the following matters to provide information necessary for relevant activities, such as managing river basins and formulating a national development plan: <Amended on Jun. 8, 2018> |
1. | Characteristics and basic status of river basins; |
2. | Status of water utilization and flood control in river basins; |
4. | Other matters concerning the status of river basins and using and managing the same. |
(2) | The Minister of Environment may request the heads of related agencies to provide data necessary for the survey conducted pursuant to paragraph (1) (hereinafter referred to as “river basin survey”). <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment may provide the findings from analyzing the data obtained through the river basin survey to those who require the findings. <Amended on Jun. 8, 2018; May 26, 2020> |
(4) | The types, periods, and methods of river basin surveys, and other necessary matters, shall be prescribed by Presidential Decree. |
Article 7 (Conducting Surveys on State of Flood Damage and Droughts) |
(1) | The Minister of Environment shall survey the state of flood damage in river areas (referring to the river areas defined in subparagraph 2 of Article 2 of the River Act) and their peripheral areas or the state of droughts pursuant to Presidential Decree and, if necessary, may prepare a flood hazard map that predicts the risk of flood damage and a drought vulnerability map based on areas where water shortages are expected due to droughts. <Amended on Jun. 8, 2018> |
(2) | The Minister of Environment shall notify the findings from surveys conducted pursuant to paragraph (1) (hereinafter referred to as “survey on the state of flood damage and droughts”) to the heads of relevant agencies. <Amended on Jun. 8, 2018> |
(3) | When formulating various plans, such as an urban or Gun plan, as defined in Article 2 of the National Land Planning and Utilization Act, the head of a central administrative agency or local government shall examine the findings from surveys on the state of flood damage and droughts notified pursuant to paragraph (2) and reflect such findings in the plans. |
(4) | The Minister of Environment may request the head of a local government to cooperate, such as providing data necessary to conduct a survey on the state of flood damage and droughts. In such cases, the head of the local government shall comply with such request, except in special circumstances. <Amended on Jun. 8, 2018> |
(5) | The head of a local government may conduct a survey on the state of flood damage and droughts and prepare a flood hazard map and a drought vulnerability map for any necessary areas under his or her jurisdiction, if necessary. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for conducting surveys on the state of flood damage and droughts and preparing flood hazard maps and drought vulnerability maps shall be prescribed by Presidential Decree. |
Article 8 (Flood and Water Shortage Forecasting) |
(1) | If a flood or water shortage is likely to harm human life or property, the Minister of Environment shall issue a flood or water shortage forecast to prevent or mitigate such damage. <Amended on Jun. 8, 2018> |
(2) | Details concerning forecasting referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 8, 2018> |
Article 9 (Hydrological Investigations) |
(1) | The Minister of Environment shall conduct a hydrological investigation for: <Amended on Jun. 8, 2018> |
1. | Identifying the water circulation structure of river basins, lakes, and swamps; |
2. | Developing water resource plans; |
3. | Maintaining rivers, installing river facilities (referring to the river facilities defined in subparagraph 3 of Article 2 of the River Act; hereinafter the same shall apply), and designing various structures; |
4. | Using and managing the areas surrounding rivers; |
5. | Flood and water shortage forecasting pursuant to Article 8; |
6. | Other matters necessary for managing water resources. |
(2) | The Minister of Environment shall formulate and implement a master hydrological investigation plan on a ten-year basis as prescribed by Presidential Decree (hereinafter referred to as “master hydrological investigation plan”) in order to systematize and streamline hydrological investigations. <Amended on Jun. 8, 2018; Nov. 26, 2019> |
(3) | The Minister of Environment shall examine the validity of the master hydrological investigation plan every five years from the date the plan is established and, if necessary, modify the plan. <Newly Inserted on Nov. 26, 2019> |
(4) | The Minister of Environment shall build a hydrological investigation network, including installing hydrological investigation facilities under Article 13, in order to conduct hydrological investigations under paragraph (1). In such cases, if hydrological investigation facilities duplicate with those installed pursuant to other statutes or regulations, they may be adjusted in consultation with relevant parties. <Amended on Jun. 8, 2018; Nov. 26, 2019> |
(5) | The head of any agency conducting a hydrological investigation pursuant to any other statutes or regulations, other than the Minister of Environment, shall consult with the Minister of Environment to avoid overlapping with any hydrological investigation conducted under paragraph (1), as prescribed by Presidential Decree, and shall give written notice to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment in order to install, relocate, or remove a hydrological investigation facility. <Amended on Jun. 8, 2018; Nov. 26, 2019> |
(6) | In order to conduct hydrological investigations pursuant to paragraph (1), the Minister of Environment may designate an institution wholly responsible for hydrological investigations, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018; Nov. 26, 2019> |
(7) | The State may contribute to institutions wholly responsible for hydrological investigations to subsidize expenses incurred in operating the same, within budgetary limits. <Amended on Nov. 26, 2019> |
(8) | The designation and operation of institutions wholly responsible for hydrological investigations, and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Nov. 26, 2019> |
Article 10 (Hydrological Investigations of River Facilities) |
(1) | The installer of any of the following river facilities shall install hydrological investigation devices and conduct hydrological investigations to appropriately manage the relevant river and prevent damage and injury, as prescribed by Presidential Decree: <Amended on May 26, 2020> |
1. | A dam constructed for impounding or drawing water flowing from the river, at least 15 meters high from its foundation to crest or a total water storage capacity of at least 20 million cubic meters: Provided, That an agricultural dam at least 15 meters high, the river basin area of which is less than 25 square kilometers, or which has a total water storage capacity of less than five million cubic meters, shall be excluded; |
3. | An artificial structure to impound water flowing from the river at the sea surface near the estuary; |
(2) | Where a flood occurs or is likely to occur, the installer of a river facility referred to in any of the subparagraphs of paragraph (1) shall notify the Minister of Environment and the relevant Mayor/Do Governor (referring to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor; hereinafter the same shall apply) of the findings from a hydrological investigation conducted pursuant to paragraph (1) and the management status of the river facility, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
Article 11 (Standardization of and Education on Hydrological Investigations) |
(1) | The Minister of Environment shall standardize the methods and criteria for hydrological investigations and the methods for processing and utilizing data obtained from hydrological investigations to improve the quality and reliability of such data. In such cases, the Minister of Environment may utilize matters regarding weather observation prescribed by the Administrator of the Korea Meteorological Administration pursuant to weather-related Acts and the particulars included in the Korean Industrial Standards pursuant to Article 12 of the Industrial Standardization Act. <Amended on Jun. 8, 2018> |
(2) | The Minister of Environment may provide education related to the application of standards established pursuant to paragraph (1) for those who conduct hydrological investigations. <Amended on Jun. 8, 2018> |
(3) | Matters necessary for standardization under paragraph (1) and education under paragraph (2) shall be prescribed by Presidential Decree. |
Article 12 (Verification of Hydrological Investigation Devices) |
(1) | The head of any agency conducting hydrological investigations pursuant to this Act or any other statutes or regulations (hereinafter referred to as “hydrological investigation agency”) shall have its hydrological investigation devices verified by the Minister of Environment in order to ensure the reliability of data obtained from hydrological investigations. <Amended on Jun. 8, 2018> |
(2) | The head of a hydrological investigation agency shall not use any hydrological investigation device that has failed to pass verification under paragraph (1) for hydrological investigations. |
(3) | The Minister of Environment shall affix a verification mark to a hydrological investigation device that has passed verification under paragraph (1), as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 8, 2018> |
(4) | Any person who applies for verification in accordance with paragraph (1) shall pay required fees, as prescribed by Presidential Decree. |
(5) | Hydrological investigation devices to be verified pursuant to paragraph (1), the criteria and procedures for verification, and the validity period of verification shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 8, 2018> |
Article 13 (Installation of Hydrological Investigation Facilities) |
(1) | The Minister of Environment shall install, maintain, and manage hydrological investigation facilities, except as otherwise provided in this Act or other statutes or regulations. <Amended on Jun. 8, 2018> |
(2) | In order to install any hydrological investigation facilities pursuant to paragraph (1), the Minister of Environment shall formulate an installation plan for hydrological investigation facilities, as prescribed by Presidential Decree, subject to prior consultation with the heads of relevant administrative agencies: Provided, That the same shall not apply to installing a minor hydrological investigation facility prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
(3) | Upon formulating an installation plan for hydrological investigation facilities in accordance with paragraph (2), the Minister of Environment shall publicly notify the details of the plan, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
(4) | The proviso of paragraph (2) and paragraph (3) shall apply mutatis mutandis to amending installation plans for hydrological investigation facilities. |
(5) | When installation of hydrological investigation facilities is completed in accordance with an installation plan for hydrological investigation facilities formulated under paragraph (2) (including any installation plan for hydrological investigation facilities amended pursuant to paragraph (4)), the Minister of Environment shall publicly notify the details thereof, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
Article 13-2 (Establishment and Operation of Water Resources Satellite Observation Network) |
(1) | The Minister of Environment may establish and operate a water resources satellite observation network and collect and utilize information obtained in the course of observation in order to monitor water resources-related disasters, such as floods, droughts, and algal blooms, and to efficiently manage water resources. |
(2) | Matters necessary for establishing and operating a water resources satellite observation network and for collecting and utilizing information under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 3, 2023]
Article 14 (Legal Fiction of Authorization or Permission Granted Pursuant to Other Statutes) |
(1) | Where the Minister of Environment has publicly notified an installation plan for hydrological investigation facilities or any amendment to such plan pursuant to Article 13 (3) and (4), any matter on which the Minister of Environment has consulted with the head of a relevant administrative agency pursuant to paragraph (2) regarding permission, authorization, license, approval, determination, cancellation, deliberation, reporting, consultation, disposition, etc. (hereafter in this Article referred to as “authorization or permission”) referred to in any of the following shall be deemed to have been authorized or permitted and publicly notified or announced: <Amended on Jun. 8, 2018; Dec. 24, 2018; Dec. 27, 2022> |
3. | Permission to occupy or use public waters pursuant to Article 8 of the Public Waters Management and Reclamation Act; consultation or approval pursuant to Article 10 of that Act; authorization of an implementation plan for occupancy or use pursuant to Article 17 of that Act; a license to reclaim public waters pursuant to Article 28 of that Act; consultation on or approval for reclamation executed by the State, etc. pursuant to Article 35 of that Act; and approval of an implementation plan for reclaiming public waters pursuant to Article 38 of that Act; |
8. | Determining road zones pursuant to Article 25 of the Road Act, permission to execute roadwork by a person, other than the road management agency pursuant to Article 36 of that Act; permission to occupy and use roads pursuant to Article 61 of that Act; and consultation with or approval from the road management agency pursuant to Article 107 of that Act; |
22. | Consultation on or approval for matters subject to permission by the river management agency pursuant to Article 6 of the River Act; permission to execute river works pursuant to Article 30 of that Act; permission to occupy and use rivers pursuant to Article 33 of that Act; and permission to use river water pursuant to Article 50 of that Act. |
(2) | Where the Minister of Environment intends to formulate an installation plan for hydrological investigation facilities in accordance with Article 13 (2), the Minister shall have prior consultation with the heads of relevant administrative agencies if the plan includes any matters referred to in each subparagraph of paragraph (1). <Amended on Jun. 8, 2018> |
(3) | Where the Minister of Environment has publicly notified the completion of hydrological investigation facilities in accordance with Article 13 (5), the matters on which the Minister of Environment has consulted with the heads of relevant administrative agencies pursuant to paragraph (4) in connection with inspection of work completion and authorization for work completion following the authorization or permission that is deemed to have been granted under paragraph (1) shall be deemed to have been publicly notified and the completed work deemed to have been inspected and authorized. <Amended on Jun. 8, 2018> |
(4) | Where matters subject to inspection of work completion and authorization for work completion following authorization or permission that is deemed to have been granted under paragraph (1) exist in completing the works in accordance with Article 13 (5), the Minister of Environment shall have prior consultation with the heads of relevant administrative agencies. <Amended on Jun. 8, 2018> |
Article 15 (Management Log Books of Hydrological Investigation Facilities) |
(1) | The Minister of Environment shall prepare and keep a management log book for hydrological investigation facilities under his or her control. <Amended on Jun. 8, 2018> |
(2) | Matters necessary for preparing and keeping the management log book under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 8, 2018> |
Article 16 (Optimizing Hydrological Investigation Environment) |
(1) | The Minister of Environment shall endeavor to ensure and maintain an optimal environment for hydrological investigations at hydrological investigation facilities. <Amended on Jun. 8, 2018> |
(2) | For the purposes of paragraph (1), the Minister of Environment may enter and inspect hydrological investigation facilities or request the head of the relevant hydrological investigation agency to submit necessary data. <Amended on Jun. 8, 2018> |
(3) | Where it is determined that the reliability of hydrological investigation data has been, or is likely to be, compromised, the Minister of Environment may request the head of the relevant hydrological investigation agency to improve its hydrological investigation facilities or to take measures necessary for enhancing the reliability of the hydrological investigations. In such cases, the head of the relevant hydrological investigation agency shall comply therewith, except in special circumstances. <Amended on Jun. 8, 2018> |
(4) | Where the head of a hydrological investigation agency discovers any obstacles that deteriorate the surroundings of its hydrological investigation facilities, he or she may alter or remove them with permission from the relevant owner, occupant, or manager: Provided, That he or she may alter or remove them without such permission where the owner, occupant, or manager is unknown or other unavoidable reasons exist. |
(5) | Where obstacles have been removed or altered in accordance with the proviso of paragraph (4), the head of the relevant hydrological investigation agency shall, without delay, give notice to the relevant owner, occupant, or manager thereof: Provided, That if it is impossible to give such notice, it shall be publicly announced, as prescribed by Presidential Decree. |
CHAPTER III FORMULATION AND MANAGEMENT OF WATER RESOURCE PLANS
Article 17 (Long-Term Comprehensive Water Resource Plans) |
(1) | The Minister of Environment shall formulate a comprehensive plan to efficiently use and manage national water resources on a 20-year basis (hereinafter referred to as “long-term comprehensive water resource plan”). <Amended on Jun. 8, 2018> |
(2) | The Minister of Environment shall review the feasibility of a long-term comprehensive water resource plan every five years from the date it is formulated, and modify the plan, if necessary. <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment shall follow the following procedures in order to formulate or modify a long-term comprehensive water resource plan: <Amended on Jun. 8, 2018> |
1. | Consulting with the head of a relevant central administrative agency; |
2. | Holding a public hearing; |
3. | Submitting for deliberation by the National Water Resources Management Committee established pursuant to Article 29. |
(4) | Upon formulating or modifying a long-term comprehensive water resource plan, the Minister of Environment shall notify the head of the relevant central administrative agency of the plan. <Amended on Jun. 8, 2018> |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for formulating or modifying long-term comprehensive water resource plans shall be prescribed by Presidential Decree. |
Article 18 (River Basin Water Resource Management Plans) |
(1) | The Minister of Environment shall formulate and implement a management plan on a 10-year basis for developing and utilizing water resources in an integrated manner, preventing floods, and minimizing flood damage in river basins (hereinafter referred to as “river basin water resource management plan”). <Amended on Jun. 8, 2018> |
(2) | The Minister of Environment shall review the feasibility of a river basin water resource management plan every five years from the date it is formulated, and modify the plan, if necessary. <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment shall follow the following procedures in order to formulate or modify a river basin water resource management plan: <Amended on Jun. 8, 2018> |
1. | Consulting with the head of a relevant administrative agency, such as a disaster prevention agency; |
2. | Holding a public hearing; |
3. | Seeking advice from a regional water resources management committee (if a river basin encompasses at least two of Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, and Dos, referring to each relevant regional water resources management committee) established pursuant to Article 32; |
4. | Submitting for deliberation by the National Water Resources Management Committee established pursuant to Article 29. |
(4) | The Minister of Environment may organize and operate a river basin management council for each river basin, as prescribed by Presidential Decree, in order to reflect the opinions of regional residents, etc. in formulating or modifying a river basin water resource management plan. <Amended on Jun. 8, 2018> |
(5) | River basin water resource management plans shall be formulated within the scope of the relevant long-term comprehensive water resource plan, and form the basis for the basic river plan referred to in Article 25 of the River Act. |
(6) | Upon formulating or modifying a river basin water resource management plan, the Minister of Environment shall publicly notify the details thereof as prescribed by Ordinance of the Ministry of Environment and send related documents to the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply), who shall then allow the public to peruse the related documents. <Amended on Jun. 8, 2018> |
(7) | Except as provided in paragraphs (1) through (6), the scope of river basins for which river basin water resource management plans shall be formulated, and matters necessary for formulating and modifying river basin water resource management plans shall be prescribed by Presidential Decree. |
Article 19 (Regional Water Resource Management Plans) |
(1) | A Mayor/Do Governor may formulate and implement a management plan on a 10-year basis for developing and utilizing water resources, improving river environment, preventing floods, and minimizing flood damage in his or her jurisdiction in an integrated manner (hereinafter referred to as “regional water resource management plan”), as prescribed by Presidential Decree. |
(2) | A Mayor/Do Governor shall review the feasibility of a regional water resource management plan every five years from the date it is formulated, and modify the plan, if necessary. |
(3) | A Mayor/Do Governor shall follow the following procedures in order to formulate or modify a regional water resource management plan: <Amended on Jun. 8, 2018> |
1. | Collecting opinions from the heads of Sis/Guns/Gus in his or her jurisdiction; |
2. | Consulting with the head of a relevant administrative agency, including the Minister of Environment; |
3. | Holding a public hearing; |
4. | Submitting for deliberation by a regional water resources management committee established pursuant to Article 32. |
(4) | Upon formulating or modifying a regional water resource management plan, a Mayor/Do Governor shall notify the plan to the head of the relevant central administrative agency and the heads of Sis/Guns/Gus under his or her jurisdiction. |
(5) | Regional water resource management plans shall be formulated within the scope of the relevant long-term comprehensive water resource plan and the relevant river basin water resource management plan. |
(6) | Article 18 (6) shall apply mutatis mutandis to publicly notifying and inspecting regional water resource management plans. |
Article 20 (Flood Control Plans for Specific River Basins) |
(1) | The Minister of Environment may formulate and implement a 10-year flood control plan for preventing and minimizing flood damage in any of the following river basins (hereinafter referred to as “flood control plan for specific river basins”): <Amended on Jun. 8, 2018; Jan. 3, 2023> |
1. | River basins flowing through or near at least two Sis/Guns/autonomous Gus; |
(2) | A flood control plan for specific river basins shall be formulated within the scope of the relevant long-term comprehensive water resource plan and the relevant river basin water resource management plan. |
(3) | The Minister of Environment shall examine the appropriateness of a flood control plan for specific river basins every five years from the date such plan is formulated and, if necessary, shall modify the plan. <Newly Inserted on Jan. 3, 2023> |
(4) | Article 18 (3) through (6) shall apply mutatis mutandis to procedures for formulating and modifying flood control plans for specific river basins. <Amended on Jan. 3, 2023> |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for formulating and modifying flood control plans for specific river basins shall be prescribed by Presidential Decree. <Amended on Jan. 3, 2023> |
Article 21 (Measures to Timely Implement Water Resource Plans) |
(1) | The Minister of Environment, Mayor/Do Governors, and the heads of relevant administrative agencies shall endeavor and cooperate to timely implement long-term comprehensive water resource plans, master hydrological investigation plans, river basin water resource management plans, regional water resource management plans, and flood control plans for specific river basins (hereinafter referred to as “water resource plans”). <Amended on Jun. 8, 2018; Nov. 26, 2019> |
(2) | The Minister of Environment may request or recommend the head of a relevant administrative agency or a Mayor/Do Governor to take necessary measures if the Minister determines that failure to timely implement the relevant water resource plan is likely to seriously harm the management of water resources. <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment may fully or partially subsidize the expenses incurred in implementing the measures pursuant to paragraph (2) within budgetary limits. <Amended on Jun. 8, 2018> |
Article 22 (Relationship to Plans Pursuant to Other Statutes or Regulations) |
(1) | Long-term comprehensive water resource plans shall be in harmony with the comprehensive national land plan established pursuant to Article 9 of the Framework Act on the National Land and form the basis for water resource-related plans (excluding plans related to water quality and aquatic ecosystem) pursuant to other statutes or regulations. |
CHAPTER IV EFFICIENT MANAGEMENT OF WATER RESOURCES
Article 23 (Development and Utilization of Alternative and Auxiliary Water Resources) |
(1) | The State and local governments shall endeavor to develop and utilize alternative and auxiliary water resources in preparation for shortages of available water, using the following methods: |
1. | Desalinizing sea water; |
2. | Artificially replenishing groundwater; |
4. | Other methods for developing and utilizing alternative and auxiliary water resources. |
(2) | The State and local governments shall actively encourage the development of technology necessary for developing alternative and auxiliary water resources pursuant to paragraph (1). In such cases, the State and local government shall preferentially consider impacts on the overall water cycle and efficiently utilizing existing water resource facilities. |
(3) | The State may fully or partially subsidize the expenses incurred in developing alternative and auxiliary water resources pursuant to paragraph (1) within budgetary limits. |
Article 24 (Reevaluation of Water Resource Facilities) |
(1) | The Minister of Environment shall regularly reevaluate the capacities of water resource facilities, such as water supply capacity and flood control capacity, as prescribed by Presidential Decree, and shall utilize the findings of such reevaluation in formulating policies related to water resources. <Amended on Jun. 8, 2018; Jan. 3, 2023> |
(2) | The findings from reevaluation pursuant to paragraph (1) shall include plans and measures for efficiently utilizing water resource facilities, such as modifying water supply and flood control plans and improving their functions. |
(3) | Except as provided in paragraphs (1) and (2), matters necessary for reevaluating water resource facilities shall be prescribed by Presidential Decree. |
Article 25 (Building and Operating Water Resource Information System) |
(1) | The Minister of Environment may build and operate a water resource information system to efficiently manage data related to water resources. <Amended on Jun. 8, 2018> |
(2) | The Minister of Environment may request the head of a relevant agency to submit data necessary to build and operate the water resource information system pursuant to paragraph (1). In such cases, the head of the relevant agency shall comply with such request, except in special circumstances. <Amended on Jun. 8, 2018> |
(3) | The scope of and procedures for operating the water resource information system pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
Article 26 (Researches on and Practical Use of Technologies for Managing Water Resources) |
(1) | The Minister of Environment shall endeavor to systematically develop and disseminate technologies for managing water resources. <Amended on Jun. 8, 2018> |
(2) | The Minister of Environment shall foster relevant research institutes and organizations in order to promote technologies for managing water resources. <Amended on Jun. 8, 2018> |
(3) | To promote the practical and industrial use of technologies for managing water resources, the Minister of Environment may engage in the following projects: <Amended on Jun. 8, 2018> |
1. | Researching and developing technologies for managing water resources; |
2. | Fostering specialized institutions to support the practical and industrial use of technologies for managing water resources; |
3. | Supporting the practical use of patent technologies for water resources; |
4. | Supporting human resources, facilities and information, and providing technical guidance, necessary for the practical and industrial use of technologies for managing water resources; |
5. | Other projects necessary for the practical and industrial use of technologies for managing water resources. |
Article 27 (International Cooperation on Water Resources) |
(1) | To support international cooperation in water resource policies and the entry of Korean technologies for managing water resources into overseas markets, the Minister of Environment may engage in the following projects: <Amended on Jun. 8, 2018> |
1. | Research and studies for international cooperation in the field of water resources; |
2. | International exchange of technology, human resources, and information concerning water resources; |
3. | Holding exhibitions, academic conferences, international conferences on water resources; |
4. | Market research and feasibility studies for the entry of technologies for managing water resources into overseas markets; |
5. | Except as provided in subparagraphs 1 through 4, other projects prescribed by Presidential Decree, other than those listed. |
(2) | The Minister of Environment may fully or partially subsidize the expenses incurred by any institution engaging in the project referred to in each subparagraph of paragraph (1) within budgetary limits. <Amended on Jun. 8, 2018> |
Article 28 (Training of Human Resources in Field of Water Resources) |
(1) | The Minister of Environment shall develop and promote policies to train skilled technicians and professionals necessary for the promotion, industrial use, entry of technologies for managing water resources into overseas markets, and other activities.<Amended on Jun. 8, 2018> |
(2) | The Minister of Environment may develop and disseminate educational programs and teaching materials in order to train human resources in the field of water resources. <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment may, within budgetary limits, fully or partially subsidize the expenses incurred by any person engaging in developing educational programs or developing and disseminating teaching materials to train human resources in the field of water resources. <Amended on Jun. 8, 2018> |
CHAPTER V WATER RESOURCES MANAGEMENT COMMITTEE
Article 29 (National Water Resources Management Committee) |
(1) | A National Water Resources Management Committee shall be established in the Ministry of Environment to deliberate on the following matters concerning the national water resource policy: <Amended on Jun. 8, 2018> |
1. | Formulating and modifying water resource plans; |
2. | Matters prescribed by Presidential Decree regarding survey and management of water resources; |
3. | Functions of the National Water Resources Management Committee pursuant to this Act or other statutes or regulations. |
(2) | The National Water Resources Management Committee shall be comprised of not more than 50 members, including one chairperson and one vice chairperson. |
(3) | The chairperson of the National Water Resources Management Committee shall be designated by the Minister of Environment from among the Vice Ministers of Environment, and the vice chairperson shall be designated by the Minister of Environment, from among the public officials of the Ministry of Environment as a member in general service of the Senior Executive Service. <Amended on Jun. 8, 2018> |
(4) | Members of the National Water Resources Management Committee shall be appointed or commissioned by the Minister of Environment, from among both the public officials of relevant administrative agencies and those listed in the following, and when members are commissioned, gender balance shall be taken into account: <Amended on Jun. 8, 2018> |
1. | A person who holds or has held assistant professorship or higher position, teaching river engineering, environmental engineering, hydrology, hydraulics, economics, or jurisprudence at a university or college under the Higher Education Act; |
2. | A person who is qualified as a judge, prosecutor or attorney-at-law; |
3. | A person who has at least 10 years of research and practical experience in the field of water resource development, river, urban, environmental, judicial, legislative or economic sector; |
(5) | The term of office of a member commissioned under paragraph (4) shall be two years, renewable only once: Provided, That the term of office of a member newly commissioned due to the resignation, etc. of an existing member shall be the remainder of his or her predecessor’s term. |
(6) | The National Water Resources Management Committee may have subcommittees, as prescribed by Presidential Decree, and mediation or deliberation by any subcommittee on matters delegated by the National Water Resources Management Committee shall be deemed mediation or deliberation by the National Water Resources Management Committee. |
(7) | Except as provided in paragraphs (1) through (6), matters necessary for organizing and operating the National Water Resources Management Committee shall be prescribed by Presidential Decree. |
Article 30 (Disqualification of, Challenge to, and Refrainment by, Members of National Water Resources Management Committee) |
(1) | A member of the National Water Resources Management Committee (hereafter in this Article and Article 31 referred to as “member”) shall be disqualified from deliberation by the National Water Resources Management Committee if: |
1. | The member or his or her spouse or ex-spouse is a party to the relevant case or is a joint right holder or a joint obligor with the party; |
2. | The member is or was in a relative of a party to the relevant case; |
3. | The member has been engaged in advising, researching, providing services (including subcontracting), appraising, or investigating regarding the relevant case; |
4. | The member or the legal entity, organization, etc. to which the member belongs is or was an agent for a party to the relevant case; |
5. | The company, etc. in which the member serves as an executive officer or employee or served as such for the most recent three years has been engaged in advising, researching, providing services (including subcontracting), appraising, or investigating regarding the relevant case. |
(2) | If any grounds exist making it difficult to expect impartiality from a member in deliberation, the party to the relevant case may file a request with the National Water Resources Management Committee for challenging the member, and the National Water Resources Management Committee shall determine by resolution whether to accept such request. In such cases, the member against whom the request for challenge is filed may not participate in such resolution. |
(3) | If a member is subject to any grounds for disqualification provided in each of the subparagraphs of paragraph (1), the member shall personally refrain from deliberating on the relevant case. |
Article 31 (Dismissal and Removal of Members) |
The Minister of Environment may dismiss or remove a member from office if the member falls under any of the following cases: <Amended on Jun. 8, 2018>
1. | The member becomes unable to perform his or her duties due to any mental disorder; |
2. | The member engages in misconduct in relation to the duties of his or her office; |
3. | The member is deemed unfit to serve as a member on the grounds of neglecting duty, losing dignity, or similar; |
4. | The member fails to personally refrain from participating in deliberation though he or she is subject to any of the subparagraphs of Article 30 (1); |
5. | The member voluntarily manifests his or her unfitness to perform the duties of his or her office. |
Article 32 (Regional Water Resources Management Committees) |
(1) | A regional water resources management committee shall be established in each of Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces (hereinafter referred to as “Cities/Dos”) to deliberate on the matters described in each of the subparagraphs of Article 29 (1) concerning the regional water resource policy. |
(2) | A regional water resources management committee shall be comprised of not more than 30 members, including one chairperson and one vice chairperson. |
(3) | The chairperson of a regional water resources management committee shall be designated by the competent Mayor/Do Governor, from among the public officials of Grade III or higher rank or other equivalent public officials under the jurisdiction of the City/Do, and the vice chairperson shall be designated by the chairperson from among its members. |
(4) | Members of a regional water resources management committee shall be appointed or commissioned by the competent Mayor/Do Governor, from among both the public officials of relevant administrative agencies and those described in each of the subparagraphs of Article 29 (4), and when members are commissioned, gender balance shall be taken into account. |
(5) | Articles 29 (5) and (6) and 31 shall apply mutatis mutandis to the term of office of the members of regional water resources management committees; organizing and operating subcommittees the committees; and removing and dismissing members. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for organizing and operating the regional water resources management committees shall be prescribed by Presidential Decree. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
Article 33 (Entry into Other Persons’ Land) |
(1) | The Minister of Environment, a Mayor/Do Governor, or a person who has been ordered, delegated, or entrusted by said Minister or Mayor/Do Governor may perform the following if necessary to install, maintain, and manage hydrological investigation facilities pursuant to Article 13 or to research, survey, and manage water resources: <Amended on Jun. 8, 2018> |
1. | Entering other person’s land; |
2. | Temporarily using other person’s land not used for a special purpose as a materials yard, passage, or temporary road; |
3. | Altering or removing bamboos earth, rocks, or other obstacles (only in unavoidable cases). |
(2) | Any person who intends to enter other person’s land pursuant to paragraph (1) 1 shall give notice to the owner, occupant, or manager of the land of the date and place at least three days prior to the date of such entry, and produce a certificate indicating his or her authority to interested persons at the time of such entry: Provided, That no one shall enter other person’s land before sunrise or after sunset without the consent of the land’s occupant. |
(3) | Any person who intends to engage in any activity referred to in paragraph (1) 2 or 3 shall obtain the consent of the owner, occupant, or manager in advance: Provided, That where the address of the owner, occupant, or manager is unknown or it is impossible to obtain the consent of the owner, occupant, or manager, the person shall obtain permission from the head of the competent Si/Gun/Gu. |
Article 34 (Expropriation and Use of Land, Goods, or Rights) |
Article 35 (Indemnification) |
(1) | Where a person suffers a loss due to any act falling under any of the following cases, the person shall be indemnified out of the National Treasury if such loss is incurred from any disposition or restriction imposed by the Minister of Environment, or by a City/Do if such loss is incurred from any disposition or restriction imposed by the competent Mayor/Do Governor: <Amended on Jun. 8, 2018> |
1. | Installing a hydrological investigation facility pursuant to Article 13; |
2. | Altering or removing an obstacle pursuant to the proviso of Article 16 (4); |
3. | Implementing a disposition or imposing a restriction pursuant to Article 33. |
(2) | The Minister of Environment or a Mayor/Do Governor shall consult with a person who has suffered a loss in indemnifying the person for such loss pursuant to paragraph (1). <Amended on Jun. 8, 2018> |
Article 36 (Delegation or Entrustment of Indemnification Affairs) |
(1) | Pursuant to Presidential Decree, the Minister of Environment may delegate his or her affairs relating to indemnifying for losses arising from installation of hydrological investigation facilities pursuant to Article 13 to the heads of local governments, or entrust the same to the head of a Government-invested institution prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
(2) | Where the Minister of Environment delegates or entrusts his or her affairs relating to indemnifying for losses under paragraph (1), the Minister shall pay fees at a rate prescribed by Presidential Decree, within 2/100 of the amount of the indemnification to the person to whom such affairs have been delegated or entrusted. <Amended on Jun. 8, 2018> |
Article 37 (Delegation and Entrustment of Authority) |
(1) | The Minister of Environment may delegate part of his or her authority under this Act to the head of an agency under his or her jurisdiction, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
(2) | The following duties, among the duties of the Minister of Environment under this Act, may be entrusted to an institution or organization related to water resources, as prescribed by Presidential Decree: <Amended on Jun. 8, 2018; Jan. 3, 2023> |
1. | River basin surveys pursuant to Article 6; |
2. | Surveys on the state of flood damage and droughts pursuant to Article 7; |
3. | Flood and water shortage forecasting pursuant to Article 8; |
4. | Hydrological investigations pursuant to Article 9; |
5. | Hydrological investigations of river facilities pursuant to Article 10 (a hydrological investigation at the downstream of a dam shall be limited to main points necessary for operating the dam); |
6. | Standardization of and education on hydrological investigations pursuant to Article 11; |
7. | Verification of hydrological investigation devices and collection of verification fees pursuant to Article 12; |
8. | Installation, maintenance, and management of hydrological investigation facilities pursuant to Article 13; |
8-2. | Establishment and operation of a water resources satellite observation network and the collection and utilization of information under Article 13-2; |
9. | Reevaluation of water resource facilities pursuant to Article 24; |
10. | Building and operating the water resource information system pursuant to Article 25; |
11. | Practical and industrial use of technologies for managing water resources pursuant to Article 26; |
12. | International cooperation projects pursuant to Article 27; |
13. | Training of human resources in the field of water resources pursuant to Article 28. |
Article 38 (Deemed Public Officials for Purposes of Penalty Provisions) |
1. | Members of the National Water Resources Management Committee (including members of regional water resources management committees under Article 32 (1)) deliberating on the matters regarding national water resource policies under Article 29 (1), who are not public officials; |
2. | Executive officers and employees of an organization or group that conducts affairs entrusted under Article 36 (1) or 37 (2). |
[This Article Wholly Amended on Nov. 26, 2019]
CHAPTER VII PENALTY PROVISIONS
Article 39 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:
1. | A person who fails to install a hydrological investigation device or to conduct a hydrological investigation pursuant to Article 10 (1); |
2. | A person who uses a hydrological investigation device that has failed to pass verification, in violation of Article 12 (2). |
Article 40 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won:
1. | A person who engages in any activity provided for in Article 33 (1) 2 or 3 without permission from the head of the competent Si/Gun/Gu, in violation of the proviso of paragraph (3) of that Article; |
2. | A person who obtains permission pursuant to the proviso of Article 33 (3) by fraud or other improper means. |
Article 41 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, employee, or other servant of a corporation or of an individual, commits a violation prescribed in Article 39 or 40 in the course of performing the duties of the corporation or individual, not only shall such violator be punished, but the corporation or individual also shall be punished by a fine prescribed in said Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
Article 42 (Administrative Fines) |
(1) | A person who enters other person’s land without giving notice in violation of Article 33 (2) shall be subject to an administrative fine not exceeding five million won. |
(2) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
1. | A person who fails to notify the findings from a hydrological investigation and the management status of a river facility, in violation of Article 10 (2); |
2. | A person who refuses or interferes with alteration or removal of obstacles by the head of a hydrological investigation agency pursuant to Article 16 (4) without good cause; |
3. | A person who refuses or interferes with an entry into or temporary use of land or alteration or removal of bamboo, earth, rocks, or other obstacles pursuant to Article 33 (1) without good cause. |
(3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment or Mayors/Do Governors, as prescribed by Presidential Decree. <Amended on Jun. 8, 2018> |
ADDENDA <Act No. 14544, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (General Transitional Measures)
Decisions, dispositions, procedures, and other acts done pursuant to the previous provisions of the River Act in relation to the surveys of water resources, the formulation and implementation of water resource plans, and the management of water resources as at the time this Act enters into force shall be deemed to have been done pursuant to this Act. Article 3 (Transitional Measures concerning River Basin Surveys)
Article 4 (Transitional Measures concerning Surveys on State of Flood Damage)
The findings from a survey on the state of flood damage conducted or being conducted pursuant to Article 21 of the previous provisions of the River Act and a flood danger alert map developed based on the findings from the survey, as at the time this Act enters into force, shall be deemed the findings from a survey on the state of flood damage and a flood hazard map pursuant to Article 7, respectively. Article 5 (Transitional Measures concerning Master Hydrological Investigation Plans)
Article 6 (Transitional Measures concerning Verification of Hydrological Investigation Devices)
Article 7 (Transitional Measures concerning Hydrological Investigation Facilities)
Article 8 (Transitional Measures concerning Water Resource Plans)
(2) | Any comprehensive flood control plan for river basin (excluding a comprehensive flood control plan for river basin to cover the basins of urban rivers flowing through two or more Sis/Guns/autonomous Gus) formulated pursuant to Article 24 of the previous provisions of the River Act as at the time this Act enters into force shall be deemed a river basin water resource management plan formulated pursuant to Article 18. |
(3) | Any comprehensive flood control plan for river basins formulated to cover the basins of urban rivers flowing through two or more Sis/Guns/autonomous Gus as at the time this Act enters into force shall be deemed a flood control plan for specific river basins formulated pursuant to Article 20. |
Article 9 (Transitional Measures concerning Central River Management Committee and Local River Management Committees)
(1) | The Central River Management Committee and local river management committees established pursuant to Article 87 of the previous provisions of the River Act as at the time this Act enters into force shall be deemed the National Water Resources Management Committee and regional water resources management committees established pursuant to Articles 29 and 32, respectively. |
(2) | The members of the Central River Management Committee and local river management committees appointed or commissioned pursuant to Article 87 of the previous provisions of the River Act as at the time this Act enters into force shall be deemed appointed or commissioned as members of the National Water Resources Management Committee and regional water resources management committees pursuant to Articles 29 and 32, respectively. The term of office of a member so commissioned shall be the remainder of his or her term of office; and if Article 29 (5) (including where it is applied mutatis mutandis in Article 32 (5)) applies, his or her term of office as at the time this Act enters into force shall be deemed his or her initial one. |
(3) | Any act done by or regarding the previous provisions of the Central River Management Committee or local river management committees before this Act enters into force shall be deemed an act done by or regarding the National Water Resources Management Committee or regional water resources management committees, respectively. |
Article 10 (Transitional Measures concerning Penalty Provisions)
Penalties and administrative fines for any violations of the previous provisions of the River Act committed before this Act enters into force shall be imposed in accordance with the previous provisions. Article 11 Omitted.
Article 12 (Relationships with other Statutes or Regulations)
Any reference to the previous provisions of the River Act or to any provision thereof in other statutes or regulations as at the time this Act enters into forces shall be deemed a reference to this Act or to the corresponding provisions thereof in lieu of the previous provisions if provisions corresponding thereto exist herein.
ADDENDA <Act No. 15624, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of any Act, which is amended pursuant to Article 4 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 5 Omitted.
ADDENDA <Act No. 16057, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 16608, Nov. 26, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 19117, Dec. 27, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 19169, Jan. 3, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Flood Control Plans for Specific River Basins)
A flood control plan for specific river basins formulated and implemented under the previous provisions as at the time this Act enters into force shall be deemed a flood control plan for specific river basins formulated and implemented under the amended provisions of Article 20.