Research On Evolvement Of Water Rights In The West America

Water rights management is the management of water resource. In west America, water rights system had put in practice for a long time and accumulated a great deal of experiences. It is important for our country that we make use of the merit of water rights system in west America. Water rights management experience a long history of development in west States, and the core content is prior appropriation. Prior appropriation have changed along with the shift of using water resource from agriculture to urban and environment utilization, accommodating for history development. Nowadays the character of modern water rights system involve in: permit of water rights, transfer and exchange of water rights, the agency of water rights, the system of water law perfectly.In the history water rights management mostly indicated prior appropriation. Water resource is scarcely in west States. At the beginning of 19 century, water rights origin from the tradition of exploiting mine in California, which means "the early who find, the possession who have". So it comes into being prior appropriation, which comprise of two aspects: emphasize the make good use of water resource; the other things is prior level. The date of rights awarded decided the prior level. Prior appropriation is set up and developed in west drought and semiarid states. The purpose of prior appropriation solve water problem, not confining water resource that must close with soil, which guarantee the agriculture water quantity in the history of "great exploitation in west States". At that history time, environment had lower rights of prior appropriation. After 1960s', water quantity become increasing in urban and environment, along with the population rapidly increase and conscious of protecting environment strengthen. So water resource must transfer from agriculture to urban and environment. However prior appropriation can't adapt the society change. Consequently produce water rights contradiction between agriculture and urban. At present, government strive to reduce the contradiction by means of water market.The character of modern water rights management in west States mean transfer from prior appropriation to trade market. Modern water rights in west States include six aspects: perfect water law system, prior appropriation in allocating water resource, set up water market, transfer water rights, attach important to environment, the regularity agency. Modern waterrights management conquer the defect of prior appropriation, encourage water trade. Federation and states government strive to cultivate perfect water market condition. It is essential that protect the private attribute and guide the reasonable transfer.In our country water resource is scarcely, which obstruct our economy and society development. Although there is different in law system, market conscious between America and our country, we can make use of better experience in west states and give beneficial inspiration for our water rights management. Example: prior appropriation in allocating water resource, induce market and encourage water trade, set up water agency, establish the system of compensation, prescribe the government criterion, quicken water rights legislation.