ENFORCEMENT DECREE OF THE ACT ON THE INVESTIGATION, PLANNING, AND MANAGEMENT OF WATER RESOURCES
Presidential Decree No. 28190, Jul. 17, 2017
Amended by Presidential Decree No. 28947, Jun. 8, 2018
Presidential Decree No. 31176, Nov. 24, 2020
Presidential Decree No. 32697, Jun. 14, 2022
Presidential Decree No. 33592, Jun. 27, 2023
CHAPTER I GENERAL PROVISIONS
Article 1-2 (Water Resources Satellite) |
“Those prescribed by Presidential Decree” in subparagraph 3-2 of Article 2 of the Act means artificial satellites that fall under any of the following: 1. | Satellites to conduct hydrological investigations and monitor disasters and facilities related to water resources; |
2. | Satellites to collect and distribute information produced on the ground, such as hydrological investigation information and video information of rivers. |
[This Article Newly Inserted on Jun. 27, 2023]
Article 2 (Water Resources Facilities) |
1. | Facilities necessary for conserving, using, and developing water resources and for mitigating and preventing water-related disasters, such as bank protections and floodgates, among the river facilities defined in subparagraph 3 of Article 2 of the River Act (hereinafter referred to as “river facilities”); |
2. | Facilities necessary for hydrological investigations, such as precipitation gauges and water gauges. |
CHAPTER II WATER RESOURCE SURVEYS
Article 3 (Types of River Basin Surveys) |
(1) | The types of river basin surveys conducted pursuant to Article 6 (1) of the Act (hereinafter referred to as “river basin surveys”) are as follows: |
1. | A survey on basic status: A survey on the cultural, industrial, and economic status of river basins, the characteristics of river basins, such as the topography and soil, the hydrological characteristics, and the properties of groundwater; |
2. | A survey on status of water utilization: A survey on the water-utilization status of river basins, the status of irrigation facilities, the status of water rights, and the characteristics of instream flows and water movement; |
3. | A survey on status of flood control: A survey on the status of flood damage in river basins and the status of projects and facilities related to flood control; |
4. | A survey on status of river environments: A survey on the status of environmental infrastructure, water quality, and ecology in rivers. |
(2) | Based on the variability of survey items and the frequency in use of survey results, a river basin survey shall be conducted every year, every five years, or every ten years: Provided, That an occasional or special survey may be conducted, if necessary. |
(3) | A river basin survey shall be conducted by documentary survey, field survey, and using geographic information and remote sensing data. |
(4) | The Minister of Environment may verify the findings from a river basin survey, if necessary. <Amended on Jun. 8, 2018> |
(5) | Detailed matters regarding the survey period and methods and verifying findings from surveys by type of river basin survey shall be determined by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 4 (Conducting Surveys on State of Flood Damage and Droughts) |
(1) | Areas for which the Minister of Environment should survey the state of droughts pursuant to Article 7 (1) of the Act are as follows: <Amended on Jun. 8, 2018> |
2. | Other areas that the Minister of Environment deems to require surveys on the state of droughts. |
(2) | A survey on the state of flood damage or droughts (hereinafter referred to as “survey on the state of flood damage and droughts”) conducted pursuant to Article 7 (1) of the Act shall include the following: |
1. | A survey on the state of flood damage: |
(a) | Surveying the status of inundation depth, inundated areas, etc.; |
(b) | Surveying the status of injuries, property damage, etc. caused by floods; |
(c) | Analyzing the causes of flood damage; |
(d) | Researching and analyzing matters necessary to reduce flood damage; |
2. | A survey on the state of droughts: |
(a) | Surveying the status of water sources and the demand and supply of water; |
(b) | Surveying the status of injuries or property damage caused by droughts; |
(c) | Analyzing the causes of drought damage; |
(d) | Researching and analyzing matters necessary to reduce drought damage. |
(3) | A survey on the state of flood damage and droughts shall be conducted within six months from the occurrence of flood or drought damage: Provided, That the survey referred to in paragraph (2) 2 (a) shall be conducted throughout the year. |
(4) | Except as provided in paragraphs (1) through (3), details regarding the methods for conducting surveys on the state of flood damage and droughts and utilizing findings from such surveys shall be determined by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 5 (Preparation of Flood Hazard Maps and Drought Vulnerability Maps) |
(1) | The Minister of Environment and the heads of local governments shall consider the following when intending to prepare a flood hazard map in accordance with Article 7 (1) and (5) of the Act: <Amended on Jun. 8, 2018> |
1. | The findings from the survey, research, and analysis prescribed in the items of Article 4 (2) 1; |
2. | Hydrologic quantity and hydraulic analysis of the relevant river; |
3. | Matters necessary for preparing flood hazard maps, such as topographic data on the relevant river. |
(2) | The Minister of Environment and the heads of local governments shall consider the following when intending to prepare a drought vulnerability map in accordance with Article 7 (1) and (5) of the Act: <Amended on Jun. 8, 2018> |
1. | The findings from the survey, research and analysis prescribed in the items of Article 4 (2) 2; |
2. | Analysis of drought characteristics and vulnerabilities in the relevant area; |
3. | Matters necessary for preparing drought vulnerability maps, such as topographic data on the relevant area. |
(3) | After having prepared a flood hazard map and a drought vulnerability map in accordance with Article 7 (5) of the Act, the head of the local government shall notify the Minister of Environment and the heads of related agencies of the flood hazard map and the drought vulnerability. <Amended on Jun. 8, 2018> |
(4) | When necessary to prepare a flood hazard map and a drought vulnerability map, the Minister of Environment and the heads of local governments may request the Association established pursuant to Article 88 of the River Act to review the appropriateness thereof. <Amended on Jun. 8, 2018> |
(5) | Detailed matters regarding preparing and utilizing flood hazard maps and drought vulnerability maps shall be determined by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 6 (Formulation of Master Hydrological Investigation Plans) |
(1) | A master hydrological investigation plan formulated pursuant to Article 9 (2) of the Act (hereinafter referred to as “master hydrological investigation plan”) shall include the following: |
1. | Analysis of the status of hydrological investigations; |
2. | Performance evaluation of hydrological investigation project; |
3. | A plan for building and managing a hydrological investigation network; |
4. | Investment and technology development in the field of hydrological investigations; |
5. | Matters necessary for hydrological investigations, such as providing and utilizing hydrological investigation data. |
(2) | The Minister of Environment may request the head of an agency conducting a hydrological investigation in accordance with other statutes and regulations to submit the data necessary for formulating the master hydrological investigation plan. In such cases, the head of the agency conducting the hydrological investigation in accordance with such other statutes and regulations shall comply with such request, except in special circumstances. <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment may review the feasibility of a master hydrological investigation plan every five years from the date it is formulated and modify the plan, if necessary. <Amended on Jun. 8, 2018> |
(4) | The Minister of Environment shall consult with the relevant central administrative agency to formulate or modify a master hydrological investigation plan and notify the head of the relevant central administrative agency of the master hydrological investigation plan formulated or modified. <Amended on Jun. 8, 2018> |
Article 7 (Consultation on Preventing Duplication of Hydrological Investigations) |
(1) | The head of an agency conducting a hydrological investigation in accordance with other statutes and regulations shall consult with the Minister of Environment on the following matters in accordance with Article 9 (4) of the Act: <Amended on Jun. 8, 2018> |
1. | Matters concerning the purpose of the hydrological investigation; |
2. | Matters concerning the location (latitude, longitude, and altitude) of the area where the hydrological investigation is conducted; |
3. | Matters concerning subject matter of the hydrological investigation; |
4. | Matters concerning the methods of the hydrological investigation; |
5. | Other matters necessary to prevent overlapping hydrological investigations. |
(2) | The Minister of Environment and the heads of agencies conducting hydrological investigations in accordance with other statutes and regulations shall jointly utilize the hydrological investigation data in order to prevent overlapping hydrological investigations. <Amended on Jun. 8, 2018> |
Article 8 (Designation of Institutions Exclusively Responsible for Hydrological Investigations) |
(1) | The Minister of Environment may designate an institution or corporation meeting all of the following requirements as an institution exclusively responsible for hydrological investigations pursuant to Article 9 (5) of the Act (hereinafter referred to as “responsible institution”): <Amended on Jun. 8, 2018> |
2. | To be an institution dedicated exclusively to hydrological investigation work; |
3. | To have a dedicated department and at least 30 full-time professionals necessary to perform hydrological investigation work. |
(2) | An institution or corporation that intends to be designated as a responsible institution shall file with the Minister of Environment an application for designation of a responsible institution, accompanied by a business plan and the documents proving that it meets all the requirements described in each of the subparagraphs of paragraph (1). <Amended on Jun. 8, 2018> |
(3) | After having designated a responsible institution pursuant to paragraph (1), the Minister of Environment shall publicly notify the name, functions, etc. of the responsible institution. <Amended on Jun. 8, 2018> |
(4) | The Minister of Environment may order a designated responsible institution to make an improvement within a period of three months in any of the following cases: <Amended on Jun. 8, 2018> |
1. | Where it fails to meet any of the criteria for designation referred to in paragraph (1); |
2. | Where it violates any of the conditions of designation in performing its work. |
(5) | The Minister of Environment may revoke the designation of a responsible institution if it falls under any of the following cases: Provided, That the Minister must revoke the designation when it falls under subparagraph 1: <Amended on Jun. 8, 2018> |
1. | Where it has been designated as such by fraud or other wrongful means; |
2. | Where it fails to comply with an improvement order issued pursuant to paragraph (4). |
(6) | The Minister of Environment shall hold a hearing if the Minister intends to revoke the designation of a responsible institution in accordance with paragraph (5). <Amended on Jun. 8, 2018> |
(7) | Except as provided in paragraphs (1) through (6), further details necessary for designating responsible institutions shall be determined and publicly notified by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 9 (Criteria for Installation of Hydrological Investigation Devices at River Facilities) |
(1) | The installer of a river facility who intends to install a hydrological investigation device in accordance with Article 10 (1) of the Act shall do so in compliance with the following criteria: |
1. | A water level and flow gauge shall be installed at a suitable point of the river where the river facility is installed in order to measure the water level, outflow, and inflow thereof; |
2. | A precipitation gauge shall be installed at a point suitable for measuring precipitation in the upstream catchment area of the river facility taking into consideration the conditions of the river and weather, as classified below: |
(a) | Where the basin area is less than 200 square kilometers: At least one unit; |
(b) | Where the basin area is not less than 200 square kilometers but less than 600 square kilometers: At least two units; |
(c) | Where the basin area is not less than 600 square kilometers: At least three units. |
(2) | A water level and flow gauge and a precipitation gauge installed in accordance with paragraph (1) shall be capable of automatically recording data. |
(3) | The installer of a river facility 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 following pursuant to Article 10 (2) of the Act: <Amended on Jun. 8, 2018> |
1. | Inflow and precipitation in the river facility; |
2. | Scheduled date of water release; |
4. | Water level at the river facility; |
5. | Other matters concerning the management conditions of the river facility. |
(4) | The installer of a river facility shall establish a communication facility to facilitate notifications under paragraph (3). |
Article 10 (Standardization of Hydrological Investigations) |
1. | Matters concerning environments in which hydrological investigation facilities are installed; |
2. | Matters concerning maintaining and managing hydrological investigation facilities; |
3. | Methods and standards for hydrological investigations; |
4. | Matters concerning quality control of hydrological investigation data; |
5. | Matters concerning officially approving, storing, distributing, and utilizing hydrological investigation data; |
6. | Other matters necessary to improve the quality and reliability of hydrological investigation data. |
(2) | Details necessary for standardizing hydrological investigations pursuant to paragraph (1) shall be determined and publicly notified by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 11 (Education for Hydrological Investigators) |
(1) | A person who engages in hydrological investigations shall undergo education for at least 30 hours within two years from the date the person begins engaging in hydrological investigation-related work pursuant to Article 11 (2) of the Act, and undergo refresher training every three years from the date of completion of such education. |
(2) | To conduct education pursuant to Article 11 (2) of the Act, the Minister of Environment shall select the persons to be educated not later than 60 days before commencing the education course and give notice thereof to the institutions to which they belong. <Amended on Jun. 8, 2018> |
(3) | The Minister of Environment shall issue a certificate of completion to a person who has completed education, and promptly give notice thereof to the institution to which he or she belongs. <Amended on Jun. 8, 2018> |
(4) | Details necessary for the education referred to in paragraph (1) shall be determined and publicly notified by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 12 (Fees for Verification of Hydrological Investigation Devices) |
Any applicant for verification of a hydrological investigation device pursuant to Article 12 (4) of the Act shall pay a fee for verification prescribed in attached Table 1.
Article 13 (Installation Plans for Hydrological Investigation Facilities) |
(1) | An installation plan for hydrological investigation facilities formulated pursuant to Article 13 (2) of the Act (hereinafter referred to as “installation plan for hydrological investigation facilities”) shall include the following: |
2. | The objectives and summary of the project; |
3. | The location of the project site; |
4. | The name and address of the project operator (for a corporation, referring to its name and registered office and the name of its representative); |
5. | The scheduled dates of commencement and completion of the project; |
6. | Documents stating the details of the following matters or rights to be expropriated or used, and the names and addresses of the owners and other right holders, other than the owners: |
(a) | Land or rights, other than ownership of such land; |
(b) | Fixtures on land and rights, other than the ownership of such fixtures; |
7. | Detailed records of land to be expropriated or used; |
8. | Construction documents; |
9. | The estimated project cost and a funding plan to meet such cost (including annual investment plans); |
10. | The period for project implementation (including the period required for each process); |
11. | Matters concerning managing completed hydrological investigation facilities. |
(2) | “Installing a minor hydrological investigation facility prescribed by Presidential Decree” in the proviso of Article 13 (2) of the Act means any of the following: |
1. | Improving any existing hydrological investigation facility; |
2. | Improving, replacing, or adding any measuring equipment, telecommunications facility, or computer equipment. |
(3) | Upon formulating an installation plan for hydrological investigation facilities in accordance with Article 13 (3) of the Act, the Minister of Environment shall publicly notify the matters prescribed in paragraph (1) 1 through 6. <Amended on Jun. 8, 2018> |
(4) | After completing installation of hydrological investigation facilities in accordance with Article 13 (5) of the Act, the Minister of Environment shall publicly notify the matters prescribed in paragraph (1) 1 through 4 and 10 and the dates of commencement and completion of the construction. <Amended on Jun. 8, 2018> |
Article 13-2 (Establishment and Operation of Water Resources Satellite Observation Network) |
(1) | The Minister of Environment may perform the following business affairs for the efficient establishment and operation of the water resources satellite observation network under Article 13-2 (1) of the Act (hereinafter referred to as "water resources satellite observation network") and the collection and utilization of information: |
1. | Development of water resources satellites; |
2. | Establishment and operation of ground stations for the water resources satellites; |
3. | Collection, production, analysis, and distribution of water resources satellite observation data; |
4. | Research and development for the establishment and operation of the water resources satellite observation network and the collection and utilization of information; |
5. | Cooperation with relevant institutions or organizations for the establishment and operation of the water resources satellite observation network and the collection and utilization of information; |
6. | Other matters necessary for the efficient establishment and operation of the water resources satellite observation network and the collection and utilization of information. |
(2) | The Minister of Environment may request the head of a relevant institution to provide relevant data, if necessary to perform the business affairs referred to in paragraph (1). |
[This Article Newly Inserted on Jun. 27, 2023]
Article 14 (Public Announcement of Obstacle Removal) |
In accordance with the proviso of Article 16 (5) of the Act, the head of a hydrological investigation agency referred to in Article 12 (1) of the Act shall publicly announce the following information in the Official Gazette or at least one daily newspaper distributed primarily in the local government in which the relevant obstacles are located, and shall also publicly announce it on the Internet website: <Amended on Nov. 24, 2020> 1. | Location of the obstacles, and the date they are removed or altered; |
2. | Details of removal or alteration of the obstacles; |
3. | Whether a loss has occurred, and if so, the reasons therefor; |
4. | Other matters concerning removing or altering the obstacles. |
CHAPTER III FORMULATION AND MANAGEMENT OF WATER RESOURCE PLANS
Article 15 (Long-Term Comprehensive Water Resource Plans) |
(1) | A long-term comprehensive water resource plan formulated pursuant to Article 17 (1) of the Act (hereinafter referred to as “long-term comprehensive water resource plan”) shall include the following: |
1. | Basic objectives of the water resource policy and direction-setting for implementing the policy; |
2. | Matters concerning the status, surrounding conditions and prospect of water resources; |
3. | Matters concerning developing, supplying, and managing water resources; |
4. | Matters concerning preventing floods and other disasters; |
5. | Matters concerning conserving the river environment and the multi-purpose utilization of rivers; |
6. | Research, studies, and technology development on water resources; |
7. | Water resource management measures designed to cope with climate change; |
8. | Matters concerning residents’ participation to avoid social conflicts related to water resources; |
9. | Matters concerning industrial development, strategies to enter overseas markets, and international cooperation related to water resources; |
10. | Other matters concerning managing and conserving water resources. |
(2) | The Minister of Environment may request the head of the central administrative agency or the relevant Mayor/Do Governor to submit materials necessary for formulating or modifying a long-term comprehensive water resource plan. In such cases, the head of the central administrative agency or the relevant Mayor/Do Governor shall comply with such request, except in special circumstances. <Amended on Jun. 8, 2018> |
(3) | Except as provided in paragraphs (1) and (2), details regarding formulating and modifying long-term comprehensive water resource plans shall be determined by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 16 (River Basin Water Resource Management Plans) |
(1) | A river basin water resource management plan referred to in Article 18 (1) of the Act (hereinafter referred to as “river basin water resource management plan”) shall be formulated by river basin in each of the five regions (referring to the Han River area, Nakdong River area, Geum River area, Seomjin River area, and Yeongsan River area) based on the common river basin map (referring to the river basin map in which the whole country is divided into regions by the Minister of Environment taking into consideration the water utilization, flood control, and environment). <Amended on Jun. 8, 2018> |
(2) | A river basin water resource management plan shall include the following: |
1. | Objectives of the river basin water resource management plan and strategies for implementing such plan; |
2. | Status and characteristics of water resource management in river basins; |
3. | Matters concerning the basic survey to formulate the river basin water resource management plan; |
4. | Matters concerning formulating a water utilization management plan; |
5. | Matters concerning formulating a flood control plan; |
6. | Matters concerning formulating a river environment management plan; |
7. | Matters concerning relevance to various development plans, such as the national land plan; |
8. | Matters concerning relevance to social infrastructure, such as roads and railroads; |
9. | Other matters necessary for managing water resources in river basins. |
(3) | The Minister of Environment may request the head of the central administrative agency or the relevant Mayor/Do Governor to submit materials necessary for formulating or modifying a river basin water resource management plan. In such cases, the head of the central administrative agency or the relevant Mayor/Do Governor shall comply with such request, except in special circumstances. <Amended on Jun. 8, 2018> |
(4) | Except as provided in paragraphs (1) through (3), details regarding formulating and modifying river basin water resource management plans shall be determined by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 17 (Organization of River Basin Management Councils) |
(1) | A river basin management council referred to in Article 18 (4) of the Act (hereinafter referred to as “council”) shall be established in each environmental local government office, and the basin under the jurisdiction of each council is as prescribed in attached Table 2. <Amended on Jun. 8, 2018> |
(2) | Each council shall be comprised of not more than 15 members, including one chairperson. |
(3) | The office of chairperson shall be assumed by the head of the relevant environmental local government office. <Amended on Jun. 8, 2018> |
(4) | Members shall be appointed or commissioned by the head of the relevant environmental local government office from among the following persons. In such cases, those referred to in subparagraphs 2 through 5 shall account for at least 1/2 of the members, and members shall be commissioned based on gender balance: <Amended on Jun. 8, 2018> |
1. | A person who is recommended by the head of his or her affiliated institution among the public officials with the ranks of Grade IV or higher at relevant central administrative agencies and local governments; |
2. | A person who is recommended by a Mayor/Do Governor among the residents in the relevant basin; |
4. | A person with abundant knowledge and experience in water resource development, rivers, cities, the environment, law, and economy; |
5. | A person who operates and manages water resources facilities in the relevant basin. |
(5) | The term of office of a member commissioned pursuant to paragraph (4) shall be two years, renewable only once. |
Article 18 (Operation of Councils) |
(1) | A chairperson shall represent a council and exercise general control over the affairs thereof. |
(2) | If a chairperson is unable to perform his or her duties due to any unavoidable circumstances, the member pre-designated by the chairperson shall act on behalf of the chairperson. |
(3) | Council meetings shall be convened by the chairperson, who shall preside over the meetings. |
(4) | Resolutions shall be adopted in a council meeting with attendance of a majority of members on the register and by the concurrent votes of a majority of the members present. |
(5) | Allowances may be paid and travel expenses may be reimbursed within budgetary limits to the members who attend a council meeting: Provided, That this shall not apply where a public official member attends in direct connection with his or her duties. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary to operate a council shall be determined by the chairperson subject to resolution by the council. |
Article 19 (Regional Water Resource Management Plans) |
A regional water resource management plan referred to in Article 19 (1) of the Act (hereinafter referred to as “regional water resource management plan”) shall include the following: 1. | Objectives of the regional water resource management plan and strategies for implementing such plan; |
2. | Status and characteristics of regional water resources; |
3. | Matters relating to using, distributing, developing, and supplying regional water resources; |
4. | Matters relating to preventing disasters, such as floods and droughts; |
5. | Matters relating to water resources allocation; |
6. | Other matters necessary for managing regional water resources. |
Article 20 (Flood Control Plans for Specific River Basins) |
A flood control plan for specific river basins referred to in Article 20 (1) of the Act (hereinafter referred to as “flood control plan for specific river basins”) shall include the following: 1. | Objectives of the flood control plan for specific river basins and strategies for implementing such plan; |
2. | Status of flood control in the specific river basins, and the regional characteristics thereof; |
3. | Comprehensive measures at the basin level to prevent flood damage in specific river basins; |
4. | Other matters necessary for flood control in specific river basins. |
Article 21 (Public Hearings) |
(1) | To hold a public hearing in accordance with Article 17 (3) 2 or 18 (3) 2 of the Act, the Minister of Environment shall publicly announce the following particulars at least once in a daily newspaper distributed nationwide or through the Official Gazette, the Internet website, a broadcast, etc. no later than 14 days before the public hearing: <Amended on Jun. 8, 2018; Nov. 24, 2020> |
1. | The purposes of holding the public hearing; |
2. | The scheduled date and venue for the public hearing; |
3. | A summary of the relevant proposal; |
4. | Matters relating to presenting opinions; |
5. | Other matters necessary for holding the public hearing. |
(2) | To hold a public hearing in accordance with Article 19 (3) 3 of the Act, a Mayor/Do Governor shall publicly announce the particulars listed in the subparagraphs of paragraph (1) at least once in a daily newspaper distributed primarily in the relevant local government areas or through the official report, the Internet website, a broadcast, etc. no later than 14 days before the public hearing. <Amended on Nov. 24, 2020> |
(3) | To hold a public hearing in accordance with Article 18 (3) 2 of the Act that applies mutatis mutandis pursuant to Article 20 (3) of the Act, the Minister of Environment shall publicly announce the particulars listed in the subparagraphs of paragraph (1) at least once in a daily newspaper distributed primarily in the local government areas in which specific river basins referred to in Article 20 of the Act are located, or through the Official Gazette, the Internet website, a broadcast, etc. no later than 14 days before the public hearing. <Amended on Jun. 8, 2018; Nov. 24, 2020> |
(4) | Any citizen, related expert, etc. who has any opinion on the relevant proposal may either attend a public hearing in accordance with paragraphs (1) through (3) to directly present his or her opinion or submit the points of his or her opinion in writing or electronically to the Minister of Environment or the relevant Mayor/Do Governor. <Amended on Jun. 8, 2018> |
CHAPTER IV EFFICIENT MANAGEMENT OF WATER RESOURCES
Article 22 (Reevaluation of Water Resources Facilities) |
1. | Reevaluating the water utilization status of water resources facilities installed to use and develop water resources; |
2. | Reevaluating the flood control status of water resources facilities installed to reduce flood damage in rivers. |
(2) | Water resources facilities shall be reevaluated every ten years: Provided, That the revaluation period may vary for each water resources facility, based upon the characteristics of water resources facilities, such as changes in water utilization and flood control environments, the year of completion, and modifications to specifications. |
(3) | Further details regarding the water resources facilities subject to reevaluation and the standards and methods for reevaluation shall be determined by the Minister of Environment. <Amended on Jun. 8, 2018> |
Article 23 (Building and Operating Water Resource Information System) |
(1) | The water resource information system built pursuant to Article 25 (1) of the Act (hereinafter referred to as “water resource information system”) shall contain the following: <Amended on Jun. 14, 2022> |
2. | Data on surveys on the state of flood damage and droughts, flood hazard maps and drought vulnerability maps pursuant to Article 7 of the Act; |
11. | Data on the use and management of dams pursuant to the Act on Construction and Management of Dams and Assistance to Their Environs; |
14. | Other data necessary for efficiently using and managing water resources. |
(2) | To efficiently manage and distribute the data prescribed in the subparagraphs of paragraph (1), the Minister of Environment shall standardize the methods for processing and utilizing such data and make them available for relevant agencies’ joint use. <Amended on Jun. 8, 2018> |
Article 24 (International Cooperation on Water Resources) |
1. | Acquiring international certification and supporting international standardization in the field of water resources; |
CHAPTER V WATER RESOURCES MANAGEMENT COMMITTEE
Article 25 (Items to be Deliberated upon by National Water Resources Management Committee) |
4. | Disputes related to the survey and management of water resources. |
Article 26 (Chairperson’s Duties) |
(1) | The chairperson of the National Water Resources Management Committee established pursuant to Article 29 (1) of the Act (hereinafter referred to as the “National Water Resources Management Committee”) shall represent the National Water Resources Management Committee and exercise general control over the affairs thereof. |
(2) | If the chairperson is unable to perform his or her duties due to any unavoidable circumstances, the vice chairperson shall act on behalf of the chairperson, and if both the chairperson and the vice chairperson are unable to perform their duties due to any unavoidable circumstances, the member pre-designated by the chairperson shall act on behalf of the chairperson. |
(1) | Meetings of the National Water Resources Management Committee shall be convened by the chairperson whenever deemed necessary. |
(2) | A majority of all members of the National Water Resources Management Committee shall constitute a quorum at all its meetings, and resolutions shall be adopted with the concurrent votes of a majority of the members present. |
Article 28 (Organization and Operation of Subcommittees) |
(1) | The types and operational jurisdiction of subcommittees to be established in the National Water Resources Management Committee in accordance with Article 29 (6) of the Act are as prescribed in attached Table 3. |
(2) | Each subcommittee shall be comprised of not more than 20 members, including one chairperson. |
(3) | The chairperson of each subcommittee shall be designated by the chairperson of the National Water Resources Management Committee. |
(4) | Members of each subcommittee shall be elected by the National Water Resources Management Committee from among its members, and the members of the National Water Resources Management Committee may serve as members of two or more subcommittees. |
(5) | A majority of all members of each subcommittee shall constitute a quorum at all its meetings, and resolutions shall be adopted with the concurrent votes of a majority of the members present. |
Article 29 (Expert Members) |
(1) | If necessary to enhance efficiency in deliberations, the National Water Resources Management Committee may have expert members. |
(2) | Expert members referred to in paragraph (1) shall be commissioned by the chairperson from among persons with expert knowledge or practical experience in developing water resources and in rivers. |
Article 30 (Secretary and Clerks) |
(1) | The National Water Resources Management Committee shall have a secretary and clerks. |
(2) | The secretary and clerks of the National Water Resources Management Committee shall be designated by the chairperson from among the public officials of the agency to which the chairperson belongs. |
(1) | The secretary of the National Water Resources Management Committee shall prepare and manage minutes as directed by the chairperson. |
(2) | The minutes referred to in paragraph (1) shall include the dates and venues of meetings, the details of deliberations, and other matters. |
Article 32 (Allowances and Travel Expenses) |
Allowances may be paid and travel expenses may be reimbursed to the members and expert members who attend a meeting of the National Water Resources Management Committee within budgetary limits: Provided, That this shall not apply where a public official member attends a meeting in direct connection with his or her duties.
Article 33 (Detailed Guidelines for Operation) |
Except as provided in this Decree, matters necessary for operating the National Water Resources Management Committee shall be determined by the chairperson subject to resolution by the National Water Resources Management Committee.
Article 34 (Regional Water Resources Management Committees) |
Articles 26, 27, and 29 through 33 shall apply mutatis mutandis to the operation of the regional water resources management committees established pursuant to Article 32 of the Act. In such cases, “the National Water Resources Management Committee” shall be construed as “regional water resources management committees.”
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 35 (Application for Adjudication) |
Any person who intends to apply for adjudication on indemnification in accordance with Article 35 (3) of the Act shall file an application for adjudication with the competent Land Tribunal pursuant to Article 51 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, stating each of the following: 1. | The names and addresses of both the applicant intending adjudication and the other party; |
2. | Details of the loss incurred; |
3. | Details of both the amount of the indemnification proposed or demanded by the applicant for adjudication and the amount of the indemnification proposed by the other party in the course of negotiations; |
4. | Details of negotiations; |
5. | Other matters that can be referred to in adjudication. |
Article 36 (Delegation or Entrustment of Indemnification Affairs) |
(1) | “Government-Invested institution prescribed by Presidential Decree” in Article 36 (1) of the Act means each of the following: |
(2) | Where the Minister of Environment entrusts his or her affairs relating to indemnification under Article 36 (1) of the Act to any of the Corporations referred to in paragraph (1), the Minister shall publicly notify the name of the entrusted Corporation and the details of and method for performing the entrusted affairs. <Amended on Jun. 8, 2018> |
(3) | Rates of delegation or entrustment fees payable pursuant to Article 36 (2) of the Act are as prescribed in attached Table 4. |
Article 37 (Delegation of Authority) |
In accordance with Article 37 (1) of the Act, the Minister of Environment shall delegate the following authority to the head of the competent flood control office: Provided, That the authority provided in subparagraphs 3, 8, 9, and 14 shall be delegated to the head of the Han River flood control office: <Amended on Jun. 8, 2018> 1. | Conducting river basin surveys, requesting data, and providing the findings from analyzing the data obtained through river basin surveys pursuant to Article 6 (1) through (3) of the Act; |
2. | Conducting surveys on the state of flood damage and droughts, preparing flood hazard maps, and requesting data necessary for surveys on the state of flood damage and droughts pursuant to Article 7 (1) and (4) of the Act; |
5. | Conducting hydrological investigations and consulting with relevant parties on overlapping of hydrological investigation facilities pursuant to Article 9 (1) and (3) of the Act; |
6. | Receiving notice of both the findings from hydrological investigations conducted by the installer of river facilities and the management status of the river facilities pursuant to Article 10 (2) of the Act; |
10. | Establishing, maintaining, and managing hydrological investigation facilities, and consulting on and providing public notice of the formulation of an installation plan for hydrological investigation facilities pursuant to Article 13 (1) through (3) of the Act; |
11. | Preparing and keeping management log books for hydrological investigation facilities pursuant to Article 15 of the Act; |
12. | Accessing to and inspecting hydrological investigation facilities or requesting data, and requesting to take measures necessary for enhancing the reliability of hydrological investigations pursuant to Article 16 (2) and (3) of the Act; |
13. | Consulting with Mayors/Do Governors on the formulation and modification of regional water resource management plans pursuant to Article 19 (3) 2 of the Act; |
Article 38 (Entrusted Institutions) |
(1) | In accordance with Article 37 (2) of the Act, the Minister of Environment may entrust the duties listed in the subparagraphs of the said paragraph to an institution staffed, equipped, and skilled necessary to perform the entrusted duties, as follows: <Amended on Jun. 8, 2018> |
(2) | Where the Minister of Environment entrusts his or her duties in accordance with paragraph (1), the Minister shall publicly notify the name of the entrusted institution and the details of and method for performing the entrusted duties. <Amended on Jun. 8, 2018> |
CHAPTER VII PENALTY PROVISIONS
Article 39 (Standards for Imposing Administrative Fines) |
ADDENDA <Presidential Decree No. 28190, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2017.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28947, Jun. 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31176, Nov. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (General Applicability to Methods of Public Announcement)
This Decree shall begin to apply to a public announcement, publication, disclosure, or public notice made after this Decree enters into force.
ADDENDA <Presidential Decree No. 32697, Jun. 14, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 16, 2022.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 33592, Jun. 27, 2023>
This Decree shall enter into force on July 4, 2023.