Luo Xiang spoke about a case in the criminal law where a farmer was convicted of illegal mining for digging a well in front of his house to get water. Why was that?

查看矿产资源法，原来地下水和矿泉水都属于矿产资源，非法采矿罪还真没有定错，地下水是指赋存于地面以下岩石孔隙中的水，是液态的自然资源，属于矿产资源。你喝的什么水呢，矿泉水啊，所以定为非法采矿罪。

However, there is some controversy here, if it is to take water for food, this is another matter.

我们在果胜问政搜索“私自打井”，可以看到许多投诉举报案例，比如这例由濮阳市水利局回复的，说：

In accordance with the relevant provisions of the water law of the People's Republic of China and the regulations of the People's Republic of China on the collection and administration of water-taking permits and water-resource fees: 1. Those living in rural households and taking small amounts of water, such as water from scattered livestock, livestock and poultry in enclosures, do not need to apply for water-taking permits, if the water is used for business purposes, it is necessary to apply for permission to draw water; if the public water supply network in urban areas can meet the water needs of the residents, the residents are not allowed to dig wells without permission.

The content of this reply shows that in some cases, it is not illegal to dig wells to obtain water, provided that it is used for living and livestock drinking water needs in areas not covered by water supply pipe networks in rural areas, and a small amount of water is withdrawn without mechanical water withdrawal, and it is a non-commercial operation.

For example, if there is a municipal pipe network and tap water at home, drilling wells for commercial water, such as charging for car washes, opening bathing centers, etc., and digging wells without permission is illegal.

Here, we post the following real cases of illegal and private well-drilling to see how various places are handled:

1、2018年，辽宁省抚顺市望花区某浴池后面小区的公用绿地私自打井，节水办调查核实，该浴池业主承认，表示不了解国家法律，将地下井进行了封闭，后工作人员又再次到该浴池进行了现场回访核实。

2、2019年，开封市某用户私自打井三处，地下车库已经严重出现裂痕，开封市水利局回应：我单位水政监察支队执法人员经现场勘察，发现该处有一眼建筑遗留井，被分为三个管道用于浇地，工作人员已现场封填。

3. In 2022, a well, west of a demolition housing community in Changzhi City, privately drilled a well, and the Luzhou District Water Conservancy Bureau organized an investigation, immediately requested the cessation of illegal acts, conducted on-site inspections, made investigation records, and issued a "Notice of Order to Stop Water Violations", requiring backfilling on the same day and acceptance in the near future.

From the above cases, we can learn that in dealing with the unauthorized drilling of wells in various places, the use for commercial bathing or watering of land is basically considered illegal. In some cases, cracks in the ground are directly sealed by the workers at the scene, some ordered their own backfill and acceptance, but have not seen the crime of illegal mining detention offenders. However, people who read this article must pay more attention to the future, not casually digging wells to get water.