Analysis Of The Rights Of Farmers' WUAs

In the 1980 s,a series of problems appeared on irrigation management.Such as,irrigation facilities were dilapidated,irrigation water was wasted seriously,the level of irrigation services was low,it was difficult to charge for water,it was impossible to achieve a balanced budget with charging for water.In the early 1990 s,China introduced Participatory Irrigation Management(PIM)from developed country.Then farmers Water User Association(WUA)as the main form of water cooperation organization in each irrigation district was set up.The WUA which provide all kinds of water services is public organization with the status of legal person.It was set up usually by water users themselves or the local governments,and it's borders was drawn by irrigation canal system' boundary combined with regionalism.Users within the scope of the WUA volunteer to participate in the management.Democratic Consultation theory and Collective Action theory provide meaningful reference and inspiration to the WUA from the establishment to operation.The WUA changed the way of water resources utilization through negotiations between the members of the association.It make up for the deficiency that the government providing irrigation water.According to the?2014 Statistic Bulletin on China Water Activities?.there have been 83400 farmers water user cooperation organization,the WUA is the main form.The WUA have a certain scale in our country.but there still exist many problems from the association setting up to running.Systematic experimental study on the water users association is absent,legal theory research is even less,which holds up the development of the WUA.This paper discusses the theoretical basis which the association existed and the dilemma of collective action.Analysis the nature of the membership,the qualifying standard,the loss of eligibility.Discuss members 'rights and obligations,the execution of the membership right and the relief of membership right.It can guard the rights of and participants and improve farmers'enthusiasm to participate in the association that defining the content of the membership.This paper consists of five parts:The first part state the background behind the WUA.,the concept,the characteristics and the nature of the WUA,the concept and the nature of membership.The second part systematically expound the origin and initial connotation of Democratic Consultation theory and Collective Action theory.The system of mortgage of water resources in Hani Rice Terraces and wanzai county of jiangxi province are typical examples which manage water resources through consultation of deliberative democracy.The typical examples show that it is necessary to negotiatea and collective action for members of the WUA.The second part also expoundthe dilemma of collective actionsThe third part from the viewpoint of the existing problems,discuss the the construction of membership qualifying standard and the loss of eligibility.The forth part discuss members ' rights and obligations in detail.Member right contains the participation management right,the right to know,the beneficial interests and the right of disposing.Members' obligations include payment of fees,carrying out the WUA' decisions and so on.The fifth part analyze the current status of the execution of the membership right.And then analyze self-remedy measures and the public remedy.