| Water right is a cluster of right derived from the ownership of water resources. It consists of the right to draw, divert, conserve, and discharge water and the right of navigation on water and has the mixed nature of private and public rights. Due to the special character of the form of its disposition and of its objects, its objects are more of a non-specffic nature than of a specffic nature. The right to draw and to divert water and other types of water rights are like converters for the subject of ownership of the water.
Their operation separates the ownership of water from the ownership of water resources and transfers it to the owners of water. Therefore, these rights do not have the capacity of possession. Basically, water right is not an elusive right and the distribution of interests among the owners of water should be resolved according to the principle of priority. Water right、quired according to the principle of priority will become extinct if left idle for more than one year. Because water right differs greatly from the typical right of thirds, it should not be dired provided for in the Code on the Right of Things, which, however, should 1eave enough space for its development. The relevant civil law theories should also reflect on this issue. |
京公网安备11010102006664号 京ICP备2023015853号