Research On American Riparian Rights System

The riparian rights system is the historical product,rich in water resource in itsoriginated in the common law of England and in a long historical period is the United States as the most important one of the oldest water right system.At its core,people with land adjacent to the riverbank have access to the water resources in the river adjacent to it,and the rights of the riparian are equal and have no priority.With the change of the economic development,natural conditions and the limitation of the common law,this is lack of water in the western region water resources more nervous,originally is rich in water resources in the east water began to happen.Traditional riparian rights system due to its inherent defects and many constraints can't adapt to the new appearance of water crisis,or even abandoned by many western states,and the eastern region choose continue to apply riparian right system of the state began to make up for the defect of traditional riparian rights,the main performance has the natural flow principle,the establishment of the principle of reasonable use.After then,in order to further make the allocation of water resources more reasonable,make the utilization of water resources more efficient,American began to try to set permission to modify traditional riparian rights system need to case study is used to determine the reasonable and not clear disadvantages such as the water rights,in the process,gradually formed a riparian rights licensing.Riparian rights licensing system by introducing the administrative licensing factors to riparian rights obtained,riparian rights are no longer naturally made,of course,in line with the traditional riparian rights conditions of ground water must obtain state approval of the competent administrative department of water resources to obtain the water rights.Riparianrights licensing system makes up for the traditional scope of riparian rights of water right is not clear and unstable defects,initial allocation of water rights is defined,at the same time to enhance the public power department in adjusting water influence,the optimized distribution of right of the environmental public interest and water ecological environment protection is due to be built into the water to apply for audit on the basis of more fully into account.After the problem of initial allocation of water rights was solved,the riparian right permit system was further developed,and a variety of water rights transfer attempts were carried out.Eventually,represented by "water bank" model of water rights trading system to establish and implement,on the basis of riparian license system,by specifying or set up an intermediary in the nature of public power to contribute to the buyer and the seller transfers of water rights,in order to maximize the interests of the redistribution of water resources.Water right system in our country has made great development in recent years,from the establishment of the water licensing system to the water around the trading practice to explore,to the legislation of clear water right transaction and the water right exchange was founded,it is not hard to see all in the process of building a water right system in our country to the United States of riparian rights licensing system and water rights trading system for study and reference.Until now,the problems existing in China's water licensing system and the further development of water rights trade can still be inspired by the American riparian licensing system and the water rights trading system.