河西内陆河流域农灌水权制度历史变迁的经验启示

河西内陆河灌溉农业由来已久,其灌溉农业的发展的历史,也是水权制度变迁的历史。综观河西内陆河流域历史水权制度,主要是以国家正式制度为主导,附之以乡规民约。在水资源使用权方面,基本以先占原则、工役补偿原则、有限渠岸原则来取水;在水资源所有权方面,全部水资源为公有,不存在水的私有;整个水权制度变迁的过程体现出以“均水”为终极目的。但是随着社会经济的不断发展、人口的增长、水资源日益减少,这种以“均水”为目的水权制度已经难以适应发展的需要,打破历史形成的以“均水”为目的水权制度,构建以效率为先的可交易水权制度是水权制度变迁的历史必然。

Revelation about Historical Vicissitude of the Rights of Irrigating Waters from the Inland Rivers in Hexi Corridor

There is a long history of the Irrigated Farming in the Drainage area of inland Rivers in Hexi Corridor.In fact,the history of the development of the Irrigated Farming is also that of vicissitude of the System of Water Rights.In the whole history,the System of Water Rights was mainly governed by the national system as well as the rules set by the villagers.As far as the right of use is concerned,water is allotted based on the preoccupy principle,the principle of compensate with labors or the principle of limited land.As to the ownership of the water resources,all water belongs to the public.The ultimate objective was to divide water equally during the whole process of the vicissitude of the system of water rights.With the development of economy and the increase of the population,there is an increasingly insufficiency of water in our country.And this system of water right with the objective of dividing water equally is no longer meeting the needs of the modern society.In this paper,the author holds that it is necessary to establish a new system of water rights in which the water rights should be exchangeable.