Water Supply Act Article 61-2

Where intake pipes for receiving the supply of water cannot be constructed without making use of lands of others or where they can only be constructed through the incurring of excessive expenses, the user is entitled to construct the said pipes under the lands.Where lands of established planned roads or private lands but used as existing public highways, roads or laneways, under which intake pipes for receiving the supply of water are installed with construction permissions given by the municipal or county (city) authority-in-charge, users are free from obtaining agreements or superficies from owners and may carry out necessary maintenance and upgrades.Where lands of others, private or public, under which intake pipes for receiving the supply of water are installed, the place and method of construction causing the least injury to such lands shall be chosen and compensation, if any, shall be made.When disputes arise regarding the issue of choice of place, method and compensation provided in the preceding paragraph, the tap water user, land ownership or the user may apply to the municipal, county or city authority-in-charge for an administrative resolution or initiate a mediation to the township, town, city (district) office’s mediation committee. If the mediation cannot be successful, the parties shall bring the case before the judicial authorities within 30 days after receiving the certificate of failure of the mediation issued by the committee.Lands of established planned roads or private lands but used as existing public highways, roads or laneways, concerning compensation provided in the preceding paragraph, are applicable to the discretionary standard provided in Paragraph 3, Article 53.Once the administrative resolution applied to the municipal, county or city authority-in-charge by the land ownership or the user as provided in Paragraph 4 is approved, and the compensation responded to the applicant by the tap water user is granted or is lodged with a court, the land ownership or the user cannot refuse the use of the tap water user, the water supply enterprise or the municipal, county or city authority-in-charge. The tap water user and the water supply enterprise can also request the municipal, county or city authority-in-charge to remove obstruction and use the land.