“水权”的生成——以归化城土默特大青山沟水为例

The Formation of the “Water Ownership”: The Gully Water of Daqingshan in Guihuacheng Tumet as an Example

有清一代,朝廷律例对蒙古地区水资源的产权没有做相应规定。在归化城土默特地区,大青山沟水的产权源自户口地的权属。在水分交易和用水纠纷中,无论是民间还是官府,都是通过户口地的权属来证明水分的归属。单独的水契缺乏充足的法律效力,必须与户口地档册相互配合,才能证明沟水产权。民国时期各种水利法规的制定、公布和实施,使现代水权观念进入归化城土默特地区。水利法规的厘定意味着水权从地权中析分出来,获得了单独的法律地位。水契、租水执照和水权状也相应地具备了独立的法律效力。在实际生活中,这些水利法规和文字契据为土默特民众竞逐沟水产权提供了契机,从而引发了地方水利秩序的重新盘整。

In Qing dynasty, there were no rules made by the court on water ownership.The ownership of Daqingshan gully water was related to place of registration in Tumet area. In the water deals and disputes, common people and government proved the ownership of water by place of registration.Because only the water contract had no enough legal effect, it must cooperate with the files of place of registration in order to prove the water ownership.In the Republic of China, various water regulations were made、promulgated and implemented, by which the modern “water ownership” concept came into Tumet area. Promulgating of water regulations meant water ownership separating from land ownership, and acquired the independent legal status. Water contracts, water license and water ownership lease had independent legal effect too. In fact, these regulations and files provided new opportunities for the competition of water ownership.As a result, the local water order had been reorganized.