Research On Farmer's Right Protection In Agricultural Water Rights Transfer

The agricultural water right transfer system is a set of programs to deal with agricultural water right changes depending on the water rights transfer system, and it is the further refinement and complement of the water right change system. The issue on protecting farmers'rights and benefit is the hot point at present.This paper researches the cases in the Yellow River agricultural water right transfer to the industry in Inner Mongolia, and water right transfer from Dongyang to Yiwu in Zhejiang Province. Depending on the case analysis and theory development, the paper considers that transferring water of agriculture to that of industry, urban area as well as ecology is possible. The paper also suggests that the scope of agricultural water right transfer would widen progressively, and the transfer objectives would become diverse. Because of the imperfectness between the agricultural water right transfer system and the relevant mechanisms. the rights and benefit of farmers are violated occasionally when the agricultural water right is transfererd to the industry and other fields at present.Under the analysis of cases, the framework of agricultural water right transfer is gaven, which is distinguished in the three transferring patterns—agricultural water right, industry right, urban right and ecology right respectively. The operation mechanisms concluding pricing system, compensation system, consultation system, benefit regulation mechanism and right and benefit protection mechanism for farmers are suggested. This paper gives suggestions to improve agricultural water rights transfer in China.