Article 39 A national flood control headquarters shall be established in the State Council, which shall be responsible for leading and organizing flood control and flood fighting throughout the country, and its office shall be located in the water administrative department of the State Council.
In important rivers and lakes designated by the state, flood control headquarters composed of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and the heads of river and lake basin management agencies can be established to direct flood control and flood fighting work within their respective jurisdictions, and their offices are located in river basin management agencies.
Local people's governments at or above the county level with flood control tasks shall set up flood control headquarters composed of relevant departments, local garrisons and heads of people's armed forces departments. And under the leadership of the flood control headquarters at a higher level and the people's government at the same level, direct the flood control and flood fighting work in this region, and its offices are located in the water administrative department at the same level; When necessary, upon the decision of the city people's government, the flood control headquarters may also set up a city office in the construction administrative department to be responsible for the daily work of flood control and flood fighting in the city under the unified leadership of the flood control headquarters.
Article 40 Local people's governments at or above the county level with flood control tasks shall formulate flood control plans (including measures to prevent catastrophic floods) according to the comprehensive planning of river basins, the actual situation of flood control projects and the flood control standards stipulated by the state.
Flood prevention schemes for the Yangtze River, Yellow River, Huaihe River and Haihe River shall be formulated by the State Flood Control Headquarters and submitted to the State Council for approval; Flood prevention schemes for other rivers across provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the relevant river basin management agencies in conjunction with the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and submitted to the relevant departments authorized by the State Council or the State Council for approval. After the flood prevention plan is approved, the relevant local people's governments must implement it.
Flood control headquarters at all levels and departments and units that undertake flood control and flood fighting tasks must make good preparations for flood control and flood fighting in accordance with flood control plans.
Article 41 The flood control headquarters of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall determine the start and end dates of the flood season according to the local flood laws.
When the water conditions of rivers and lakes are close to the guaranteed water level or safe flow, the water level of reservoirs is close to the designed flood level, or the flood control engineering facilities are in serious danger, the flood control headquarters of the people's government at or above the county level may declare an emergency flood control period.
Forty-second obstacles that hinder the flood discharge of rivers and lakes shall be ordered by the flood control headquarters to be removed within a time limit in accordance with the principle of whoever sets up obstacles and removes them; If it is not removed within the time limit, it shall be forcibly removed by the flood control headquarters, and the expenses required shall be borne by the obstacle.
During the period of emergency flood control, the state flood control headquarters or its authorized flood control headquarters in river basins, provinces, autonomous regions and municipalities directly under the Central Government have the right to deal with bridges, approach roads, docks and other river-crossing engineering facilities that seriously block water.
Forty-third in the flood season, meteorological, hydrological, marine and other relevant departments shall, in accordance with their respective responsibilities, provide timely meteorological, hydrological and other real-time information and storm surge forecast to the relevant flood control headquarters; Telecommunications departments should give priority to providing flood control and flood fighting communication services; Relevant departments such as transportation, electric power and material supply should give priority to flood control and flood fighting.
The China People's Liberation Army, the Chinese People's Armed Police Force and the militia shall carry out flood fighting and emergency rescue tasks entrusted by the state.
Forty-fourth in the flood season, the use of water engineering facilities such as reservoirs and dams must be subject to the dispatch, command and supervision of the relevant flood control headquarters.
During the flood season, the reservoir shall not store water above the flood limit level without authorization, and the use of flood control storage capacity above the flood limit level must obey the dispatch, command and supervision of the flood control headquarters.
During the ice flood season, the amount of water discharged from reservoirs in the upper reaches of rivers with the task of preventing ice flood must be approved by the relevant flood control headquarters and subject to their supervision.
Article 45 During the emergency flood control period, the flood control headquarters has the right to allocate materials, equipment, means of transportation and manpower within its jurisdiction according to the needs of flood control and flood fighting, and decide to take necessary emergency measures such as borrowing soil, cutting down trees and removing water blocking obstacles; When necessary, public security, transportation and other relevant departments shall, according to the decision of the flood control headquarters, implement land and water traffic control according to law.
Materials, equipment, means of transport, etc. In accordance with the provisions of the preceding paragraph, it shall be returned in time after the end of the flood season; If damage is caused or cannot be returned, appropriate compensation or other treatment shall be given in accordance with the relevant provisions of the State Council. Those who borrow soil, occupy land or cut down trees shall go through the formalities with the relevant departments according to law after the flood season; The relevant local people's governments shall organize the reclamation of the land after borrowing soil and replant the cut trees.
Article 46 When the water level or flow of rivers and lakes reaches the flood diversion standard stipulated by the state and flood storage and detention areas need to be activated, the State Council, the state flood control headquarters, the flood control headquarters of river basins, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the provincial flood control headquarters, autonomous regions and municipalities directly under the Central Government decide to activate flood storage and detention areas according to the activation conditions and approval procedures stipulated in the flood control plan approved according to law. No unit or individual may obstruct or delay the opening of flood storage and detention areas according to law; Obstruction or delay shall be enforced by the local people's governments at or above the county level.
Article 47 After the flood disaster, the people's government concerned shall organize the relevant departments and units to do a good job in disaster relief work such as living security, health and epidemic prevention, supply of relief materials, public security management, resumption of school classes, resumption of production and reconstruction of homes, and restoration of various water-damaged engineering facilities. The repair of flood control facilities damaged by water shall be given priority in the annual construction plan of the relevant departments.
The state encourages and supports the development of flood insurance.