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The Study On the Priority of Water Right

Author: WangHuan
Tutor: LiYanFang
School: Renmin University of China
Course: Environmental and Resources Protection Law
Keywords: Water-Right Priority of Water-Right Priority Sequence of Water-Right Environmental Vision
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 383
Quote: 1
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Abstract

The shortage of water is the problem that the whole world is facing, it also restrain China’s development. Multiple purposes exist within the limited water supply, and these is a certain conflict among different water-rights. There is also a kind of conflict exist between the human and the nature, human live in different generations. How to balance the benefit among different purpose of water use, human, nature and generations? How to make the sustainable use of water and the harmony relationship between human and nature? The system of priority of water-right provides the answer, it is the legal tool to resolve the problem that how to distribute the water when the water is hard up. As a sort of the quasi-real right, the water-right is under the principle of the quasi-real right. The inner and outer part of the priority of the real right can also be used as a principle for the priority of the water-right. The inner priority of the water-right means several water-rights no matter whether they are the same or different, exist in the same certain water area, the sequence which decides them which comes first. The outer priority of the water-right means its force comes first before the water-debt right and other debt right has something to do with the water. This thesis will focus on the inner priority of the water-right. The function of the priority of the water-right decides the existence of the water-right, the sequence among several water-rights to balance the interest of the people and also decides the water-right superior to other rights, the mining right, for example. The first one of the function is the foundation of the water-right, the second and the third ones are sequence of the priority of the water-right. The sequence of priority of water-right is under the guide of the principle of the priority of the water-right. The principle embodies the purpose, tradition and frequently changed understanding of the water use. In the second chapter of this thesis, the principle of the priority of water-right is analyzed. These doctrines include water bank doctrine, prior appropriation doctrine, convention doctrine, public trust doctrine, underground water doctrine, prior condition doctrine and equality water-use doctrine. And then after the advantages and disadvantages are analyzed, the river bank doctrine, prior appropriation doctrine, convention doctrine are the main doctrines that human put into practice. Though varies from one to another their central goal is to use the water efficiently and distribute the interests among the human live in the nowadays. Compared with other doctrines, the public trust doctrine appears a little bit late and it emphasizes the government function as the trustee protecting the nature, and of course including the water resource. And by the last conclusion is that the central goal is to reserve and use the water at the same time, provides enough and qualified water for the human live in the next generation. The doctrine suits the demand of sustainable development, and sets an example for our country to learn. The sequence of priority of water-right is the concrete system under the doctrine, and it is set to resolve the conflict among different water-rights, decides which comes first and which comes last, and which should be considered as the priority when water shortage happens. The third chapter of this thesis mentions the sequence of the priority of the water-right. It provides an introduction of the sequence that applies in the condition of surface water, underground water when they’re used in different ways. And the result of the analysis is that the sequence should not be modified so often,

The Study On the Priority of Water Right

Abstract

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