Study On The Law System Of The Transfer Of Water Rights

With the social economic development, the demand for water is increasing. The increasing demand for water makes water resources become one of the rare and short natural resources. Against such background, the water resources should be well allocated to realize sustainable development. One of the efficient ways of allocating water resources is the legal transfer. Water rights are new use rights which are used and gained legally by obligees. The transfer of water rights refers to the deal between market bodies. Under the ownership of the state, water rights owned by the market bodies are permitted to be transferred legally to the benefit of the good assignment of the water resources. The transfer of water rights is different from the initial allocation of water rights Fairness and macro-control under the government are the most important principles at the beginning of the transfer of the water resources. The transfer of water rights should be based on the market and the maximum of benefit. The subjects of the transfer of the water rights consist of natural person, legal entities and other organizations. Reservoir is one of the suitable subjects. And governments at all levels are forbidden to be the subject. The two parties must sign a contract of transferring water rights. The contract is a contract for credit instead of a contract of real right .The rules of the business contract in Contract Law of China are applicable to the contract of transferring water rights. In the course of performing water rights, any concerned parties should undertake responsibility for protecting the benefit of the public and the environment. According to Regulations on Administration of Water Abstraction Licensing and Collection of Water Resources Charges, subjects owning water abstraction rights can transfer the saved water resource with compensation. In the future development of the water rights, water rights except water abstraction rights should be permitted to transfer legally. The system of registration should be performed. The registration for transfer should have absolute effect to safeguard the safety of the transfer of water rights.