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我国从古至今,都比较重视水资源的分配。灌溉用水相关权利的取得是依法占有,还是历史形成的事实占有,未有明确的制度基础。水权的界定及转让,影响着水资源配置的最终结果和农业发展状况。在探讨水权、灌溉水权等概念的基础上,探索灌溉水权的制度安排——界定和转让,以及灌溉水权实施的保障。
Since ancient times, our country has paid more attention to the distribution of water resources. The acquisition of rights related to irrigated water is based on the law, or the historical fact of the formation of possession, there is no clear institutional basis. The definition and transfer of water rights affect the final result of water resources allocation and agricultural development. Based on the conceptions of water rights and irrigation water rights, this paper explores the institutional arrangements of irrigation water rights - definition and transfer, as well as the guarantee of the implementation of irrigation water rights.