The so-called water right, in accordance with Article 15 of the Water Conservancy Law, refers to "the right to obtain use or profit from surface water or groundwater in accordance with the law." If you want to further explain its nature, you can explain it in a comprehensive way. Water right is defined as: "For a specific purpose, the right to use and benefit from a certain amount of surface water or groundwater." According to the connotation of the water conservancy law, water rights can be summarized into the following three classification methods:

(1) Classification according to whether registration is required: Unless there are special regulations, water rights generally must go through the registration process, and the person who needs water needs to apply to the competent authority, and the water right certificate can be used only after the competent authority issues a water right certificate ; The exemption from water right registration means that those who need to take water do not need to apply for water right registration to the competent authority to obtain water resources. This is in accordance with Article 42 of the Water Conservancy Law, mainly involving small amounts and simple methods of taking water .

(2) Classification according to water standards: According to the purpose of drawing water resources according to the first paragraph of Article 18 of the Water Conservancy Law, the order of specifying water standards is:

1. Water for domestic and public water supply.

2. Agricultural water.

3. Hydraulic water.

4. Industrial water.

5. Water for water transportation.

6. Water for other purposes.

Water standards are mainly used to determine the order of priority for water use in the event of a drought. Article 20 of the Water Conservancy Law stipulates: "For the registered water rights, due to insufficient water sources, in case of disputes, the order of the water standards shall be first. priority…….".

(3) Classification according to the nature of registration: In addition to water right registration, there are also temporary water use registrations. In principle, water rights can be used in accordance with the registered items before the expiration of the time limit, without interference from others; temporary water use is the water quantity of a water source, within a certain period of time, in addition to the water rights needs of the water rights holders, It can only be obtained when there is remaining. Once the water supply of the water source suddenly feels insufficient, temporary water use may be stopped.

In addition, after the registration of water rights, if there is any change, the water conservancy law shall be required to go through the registration of setting, transfer, and change. If it is not registered, it is invalid. Before the expiration of the time limit, the water right can continue to exist by applying for extension of registration; not only can temporary water use be suspended at any time, and the extension of registration cannot be applied when the time limit expires. If there is still water need, the competent authority must Apply for registration in accordance with the general procedures. From the above description, it can be seen that the stability of water right registration is higher and the water right holder is more secure. On the contrary, the stability of temporary water registration is low, and temporary water users may encounter the fate of being stopped from using water resources at any time.

 

Reference material: Water Rights Practical Handbook of Water Resources Bureau, Ministry of Economic Affairs (June 1997).

Source: National Cheng Kung University's Stratigraphic Subsidence Prevention and Control Service Team 　e Xunbao 　 April 25, 2012 　 Issue 018