It is easy for the general public to have a misconception that if you own a piece of land, you have the right to draw water on it, but it is not.。
First, Article 2 of the Water Conservancy Law expressly stipulates that water resources belong to the state, and even if the people obtain land ownership, they will not be affected. Therefore, people naturally have no right to take water resources without permission.
Furthermore, the first paragraph of Article 42 of the Water Conservancy Law clearly stipulates: "If a well is drilled to draw water in private land, and the water output is less than 100 liters per minute, it is exempt from water rights registration." Convenience to the people, on the one hand, is because of its low water intake, which has a limited impact on water resources.
However, in accordance with the second paragraph of the same article, if the sinking of private land to draw water is sufficient to hinder the public water conservancy enterprise or the interests of others in water use, the competent authority may restrict it or order it to register for water rights. Therefore, even if landowners can dig wells on their own land, they must still be regulated by the Water Conservancy Law.
In addition, the Taiwan Province Groundwater Control Measures and the Taiwan Province Groundwater Control Measures delineate some areas as groundwater control zones. If you want to sink a well to draw water in the groundwater control zone, you must meet the requirements of these measures, for example, if the tap water system cannot supply If it is necessary to excavate water wells, the wells can only be dug for water.
In summary, if the land is located in the groundwater control zone, its sinking behavior must be restricted. Those that do not meet the sinking requirements must not arbitrarily sink wells. For wells that have obtained water rights, the competent authority may still change or modify the well based on public interest considerations. Revoke. Even if the land is not located in the groundwater control area, drilling a well in your own backyard still has to be done arbitrarily, because the well drilled is a structure that is specifically designed to pump groundwater in the first paragraph of Article 46 of the Water Conservancy Law. According to the provisions of this article, it shall be approved by the competent authority. If the water output of the well exceeds 100 liters per minute, or there are other circumstances that may affect the public welfare or the interests of other people’s water use, water rights registration must be completed in accordance with the law. In order to access the resources of groundwater.