A Study Of Water Right

As is well known, water resource is scarce in our state. It is a hard work to deal with water crisis. It is important to build a water market where Water resource can be allocated efficiently. The purpose of the study of water right system in this text is to meet the need of building water market.Water resource is owned by the state in china. So the ownership of water cannot transferable, we can only choose water right as the object of water market. Water right, in this text, only refers to the right of water diverting. It is the right of person to divert a certain amount of water from special place abided by the law or contract for his special purpose. Water right can transform water resource into water goods. Water right is a private right, real right, real right of real estate, special usufructuary. The subject of water right can not be the state, governments at all levels or Basin Management organizations. The subject of water right can be divided into two kinds by law, the subject who holding Water diverting licence or not holding. The object of water right is water resource. The specific of water right reflected in the water diverting place which is special. The object of a certain water right is the water resource in the range of its water diverting place.In the Initial distribution of water right, the riparian principles shall not be adopted. But prior appropriation principles should be absorbed rationally,. Then, the Chinese Initial distribution system of water right can be builded on the base of water diverting licence system. Water administration authorities should define its water resource amount of assigning before granting water diverting licence. And the substantive terms of person obtain water right is the benefit water consumption. The benefit water consumption means the water consumption when the person obtained water right. The benefit water consumption can be come out through sureness of the scale of production and management of it's unit and social general water consumption of commodities or services.The enforcement of water right has two major principles:type priority and time priority. The type priority means that domestic water right and municipal water right have absolutely priority, and grain water right also has priority nature under certain terms. Time priority means that the first in time is the first in right for the same type water right or for other type water right which not violate the type priority principle.To build up water market, water corporation and water right resignation system must be set up. The essential structure of water right market should include first class water right market and second water right market at least,. First class water right market is water right remised market.; Second water right market is water right transferred market. After water right market gets ripeness, water right financial market and water right leasing market can be set up. The form of water right transference may include:water right total transference, water right partial transference, water right lease, water right mortgage. But water right transference is limited by water right adquisitiones and water right type. The water right can't be transferred that is awarded according to the article 3 and the article 4 of" Measures of water diverting licence". The domestic water right can't be transferred to other types water right; the municipal water right can't be transferred to other types water right except domestic water right; the grain water right can't be transferred to other types water right except domestic water right and municipal water right.