Can the dam earthwork be sold after the reservoir is contracted?

It is certainly not allowed to contract the excavation of reservoirs and sell them privately, because this is the destruction of farmland and water conservancy facilities, the illegal taking of soil and the resale of mineral resourcesCriminal liabilityCategory. China is under public ownership.

The state implements a strict land control policy, and the act of changing the status quo of land without approval in accordance with the law can constitute a violation of the law and be investigated for legal responsibility.

Regardless of the size of the reservoir capacity, the reservoir is an important local farmland water conservancy facility, which plays an important role in a certain period, these reservoirs are recorded in the relevant departments, and at the same time accept the dual supervision of the competent water conservancy department and the township and town in the jurisdiction, since 2018, the rivers and lakes reservoirs nationwide, all localities have established a chief responsibility system according to the requirements of the state, and the first person in charge at all levels has regulatory responsibility for the management of rivers and lakes reservoirs within their jurisdiction.

Let's learn some basic knowledge about reservoirs.

1. Reservoirs are divided into three types: large, medium and small. Among them, small reservoirs are divided into small type one, small type two, and small type three. The reservoir contracting mentioned by the subject may refer to the small three types, including the small three types and below reservoirs.

Second, the main composition of the reservoir. 1. Dams. 2. The water storage part and the non-water storage part. 3. Spillway.

4. Drought and flood control gates. 5. Other management facilities around the reservoir.

3. Reservoirs are collective and public welfare. Generally speaking, large and medium-sized reservoirs have been set up in the state to set up special management institutions, which are managed by public institutions and enterprises. As for the small reservoirs, after the fields are divided into households, some places are contracted to private operators and management, resulting in the local people.

Many contradictions in production and life. When the people want to fight drought, contractors should keep water and raise fish; When the masses want to drain the flood, the contractors want to drain the flood, and so on. In many places, due to the fact that after being contracted to private individuals, the large walls and other facilities have fallen into disrepair, causing serious damage to the interests and safety of the people.

Based on some basic knowledge about reservoirs above, we can draw a conclusion: A reservoir is a whole composed of a large wall, a spillway, a stored and unstored part. Reservoirs are national and collective.

Even if it is a small reservoir, at least one group or groups collectively owned. Individuals have only limited rights to contract management, but not the right to buy and sell. Sell the soil of the dam, what is the reservoir called if the dam collapses?

At that time, the contractor will not be able to bear this responsibility. The relevant state departments must be held accountable in accordance with the law.

1. Regardless of the size of the reservoir capacity, it is an important local farmland water conservancy facility, which plays an important role in a certain period, these reservoirs are recorded in the relevant departments, and at the same time accept the dual supervision of the competent water conservancy department and the township and township in the jurisdiction, since 2018, the rivers and lakes reservoirs nationwide, all localities have established a chief responsibility system according to the requirements of the state, and the first person in charge at all levels has regulatory responsibility for the management of rivers, lakes and reservoirs within their jurisdiction.

2. The reservoir is a whole composed of a large wall, a spillway, a water storage and an unstored part. Reservoirs are national and collective. Even if it is a small reservoir, at least one group or groups collectively owned.

Individuals have only limited rights to contract management, but not the right to buy and sell. Sell the soil of the dam, what is the reservoir called if the dam collapses? At that time, the contractor will not be able to bear this responsibility.

The relevant state departments must be held accountable in accordance with the law.

You can't sell the dam earthwork, it's not part of your contract, you can't do that.

The relevant laws and regulations clearly stipulate that after the reservoir is contracted, the dam earthwork cannot be sold.

Legal analysis: whether the reservoir can be contracted requires a specific analysis of the nature of the reservoir: 1. If the reservoir is of general irrigation nature and can be used for aquaculture, it is enough to find the township where the reservoir is located to contract the reservoir; 2. The reservoir is the local water source, and this kind of reservoir is not contracted and is not allowed to be developed, including aquaculture.

For dams with a dam height of less than 15 meters and more than 10 meters, or a storage capacity of less than 1 million cubic meters and more than 100,000 cubic meters, and the safety of important towns, transportation arteries, important military facilities, and industrial and mining areas are potentially dangerous, the safety management shall be carried out with reference to these Regulations.

Legal basis: Article 2 of the Regulations on the Safety Management of Reservoirs and Dams These Regulations apply to reservoir dams with a dam height of more than 15 meters or a storage capacity of more than 1 million cubic meters (hereinafter referred to as dams) within the territory of the People's Republic of China. Dams include permanent water retaining structures and flood discharge, water conveyance and ship transit structures that work with them.

For dams with a dam height of less than 15 meters and more than 10 meters, or a storage capacity of less than 1 million cubic meters and more than 100,000 cubic meters, and the safety of important towns, transportation arteries, important military facilities, and industrial and mining areas are potentially dangerous, the safety management shall be carried out with reference to these Regulations.

The state allows reservoirs to be contracted, but the contracting of natural river reservoirs must conform to the non-restricted areas of the "Water and Tidal Flat Planning" approved by the local people at or above the county level. Otherwise, it cannot be contracted.

Legal basis: Fishery Law of the People's Republic of China

Article 10 The State encourages units owned by the whole people, units and individuals under collective ownership to make full use of waters and tidal flats suitable for aquaculture to develop aquaculture.

Article 11 The State shall make a unified plan for the use of water areas and determine the waters and tidal flats that can be used for aquaculture. Units and individuals using the national planning for the use of aquaculture waters, tidal flats, the user shall apply to the local fishery administrative departments at or above the county level, by the people at the same level to issue a aquaculture license, licensing the use of the waters, tidal flats engaged in aquaculture production. The specific measures for the issuance of breeding licenses shall be stipulated by ***.

Collectively-owned or nationally owned waters and tidal flats used by agricultural collective economic organizations may be contracted by individuals or collectives to engage in aquaculture production.

Legal analysisGenerally speaking, reservoirs belong to the country's water and land resources, and are not owned by village economic collectives or individuals. The most important function is that the reservoir is one of the important spaces for rainwater storage, in short, it is a storage of water. The safe operation of reservoirs plays an important role in agricultural irrigation, flood prevention and disaster reduction, and drinking water safety.

First of all, it must be a law-abiding legal citizen, need to issue certain qualification certification materials and applications, apply for wanton destruction step by step, and pay a certain deposit and sign a lease contract, safety responsibility letter, etc., in order to obtain the right to operate and use the reservoir within a certain number of years. In some places, bidding may also be used, but the formalities must also be completed. It should be noted that the reservoirs here refer to small reservoirs, and they should be used in a standardized manner, because individuals do not have the right to develop reservoirs.

Legal basisWater Law of the People's Republic of China Article 6 The State encourages units and individuals to develop and utilize water resources in accordance with the law, and protects their lawful rights and interests. Units and individuals that develop and utilize water resources have the obligation to protect water resources in accordance with the law.

Legal analysis: It depends on the purpose of the reservoir, if it is a general irrigation reservoir can be used for aquaculture, it is enough to find the township where the reservoir is located to contract the reservoir.

There is also a reservoir that is a local water source, which is not contracted and is not allowed to be exploited, including aquaculture.

Legal basis: Article 9 of the Regulations on the Safety Management of Reservoirs and Dams The construction of dams must be undertaken by units with corresponding qualification certificates. The dam construction unit must carry out the construction in accordance with the design documents, drawing requirements and relevant technical standards stipulated in the construction contract.

The construction unit and the design unit shall send representatives to supervise and inspect the construction quality. If the quality does not meet the design requirements, it must be reworked or remedial measures must be taken.