Study On Agricultural Water Rights And Its System Construction

Agricultural water right system is an important part for water right system construction. For improving the development of agriculture, sustaining socialism new rural construction and pushing water-saving society forwards, it is necessary to reform the agricultural water right. Though agriculture is a weak industry and the farmer is a weak circle, agriculture serves as a primary function for national economy, food security and social stable. Agricultural water right should be quarantined. For building water-saving society, better serving agriculture, rural area and the farmer, it is necessary to strengthen the agricultural water right construction and regulate the water use in agriculture with water right theory. In the arid area in northern China, water is relatively scarce. There exist many problems related to the water use. It is common in this region that agricultural water is used in no agricultural fields. So strengthening agricultural water system construction is a very important issue. It is also an essential matter to be seriously considered. Taking the agricultural water right and its system construction as the topic, the author has conducted many investigations and analyses, trying to search for the best way to manage the agricultural water in arid areas. It has practical significance and theory guidance for establishing the basic frame of agricultural water system with Chinese socialist characteristics.Besides the analyses and investigation of agricultural water system construction, the new ideas and research features are as follows: I. Analyzing the water right theory and water right system home and abroad, the water right system changes from ancient to modern times in China, it sums up the ten characters for the modern water right; II. The basic issues for agricultural water right have been systemically analyzed. The basic meaning and theory of water right is indicated clearly, and 6 features are drawn out. Agricultural water right establishing pattern and changes pattern in transaction have also been systemically analyzed. The basic frame for establishing agricultural water right system is outlined and 5 measures for quarantining agricultural water right is stated; III. From analyzing the requirement for water right system reform and policy-making, the basic rules for establishing, exchanges and management of agricultural water right system are studied. Based on the other countries'water right practices, the author makes some suggestions for the agricultural water right management. 1. Water right and agricultural water right: the water right means the right of ownership, using and operation. The essential for water right is who owns the water resource in the region. In China the water right means the right of using a certain amount water resource at the period time. Agricultural water right is the all rights of using agricultural water resource, which includes the right of ownership, using and operation. There are 6 features for the agricultural right:①. seasonal;②. Mutual share;③. Repel others;④. Competitive;⑤. Alienation;⑥. Returns related.2. Water right system and agricultural water right system: In China the water right system includes the ownership, using and transfer of water resource. Agricultural water right system is very important part of water right system. It has initial water right, water price and water right transaction, water right audit and management, and water right protection. From the view of water right using, agricultural water right includes water right for live, which meets the needs of rural habitat to live, water right for irrigation and drainage, which meets crop water requirement, and water right for aquaculture. In the current rural areas, the main body of agricultural water right is farmer.3. Ten characters for the modern water right:①. Regional;②. No Repel others ;③. Separable, which means the right of ownership, using and operation may be separated;④. External. Water right both have external economic return and lose;⑤. No equal transaction ;⑥. Water market has 5 elements: subject, number, years to use water right, and water quality;⑦. Abroad and special of water right;⑧. Restrain of water right. Many factors restrain water right;⑨. Limit and compensation of water right;⑩. Public, private and traditional property right link each other.4. Requarments for agricultural water right management and system establishment:①. Public involve decision making and equal share;②. Moderately have priority;③. Time priority and accept current situation;④. Rational utilize and encourage saving;⑤. High efficient utilization. For the agricultural water resource, we should firstly establish water management system; Secondly, we should establish water right system management; thirdly, we should establish rural water right legal system. Using legal system to quarantine water right management.5. The five measures for quarantining the agricultural water right:①. Make policy to quarantine farmer's water right;②. Fully consider the chance cost of water right. Re-consider the policy on agriculture, rural economic structure and social development in countryside;③. Establish water saving drive system;④. Slightly raise the water price for industry use and drinking;⑤. Establish water transaction compensation system for irrigation. Encourage people to invest water saving agriculture to increase agricultural water use efficient. The investor has priority to use the water which is saved up.6. There are five suggestions for strengthening agricultural water right management and water system construction: I. Make clear the ownership and regulate the right of water using. Through the law making water resource will be rationally utilized. II. Make regulations for water right changing, transaction, measurement and monitor. Water right changing and transaction should be supported. III. Make perfect of management system. Under the leadership of the central government and river valley management office, the right of the local government and operators should be properly extended. In making policy for water resource utilization, plan for exploitation and the practice of management, the percentage of the involvement of local government and operators should be raised. The different group and water right owners should be taken care of. IV. Continue reforming the ownership system of rural small-scale water projects and make the no public owned projects develop under the good condition. In this way, there will be flourish in rural water project and water right management. V. Sum up the successful experiences of water system construction from different places of rural areas in time, re-consider it and make into the theory and policy. Try to improve and perfect the water system construction in rural areas.