格尔木市取水管理制度发展演变及其与水权制度关系分析

取水许可是目前中国水资源管理的主要落实手段。取水许可制度的实际运行情况是未来水权制度建设的基础。以格尔木市为典型，分析了取水管理的发展演变历程：工程管理阶段、城市部门主管阶段、水利部门主管阶段和取水许可初步完善阶段。目前面临的主要问题是已有的取水许可制度与正在建设的水权制度的冲突：取水许可属于行政管理行为，而水权属于产权。取水许可可以根据政府政策进行调整，而水权必须作为财产，根据民法来切实保护，不能由政府随意变动或剥夺。水权初始分配可以继承过去的取水许可作为初始水权，但取水许可制度代替不了水权制度，而必须为水权制度让路。

Analysis of Evolution of Water Withdrawal Governance and Its Relation with Water Rights Institution

There was no water withdrawal governance at the beginning when Golmud City was firstly constructed as Aerdunquke Kazakh Autonomous District in 1954. Before 1977, the main task of wa- ter management was to construct water supply and hydropower engineering projects for supplying water and electricity for the city. From 1978 - 1990, there was still no water permission regulation under the administration of city construction department of the government. In 1990, Golmud city took the lead to enforced water withdrawal permission regulation in Qinghai province. Now almost all water us- ers, except military units and small irrigation districts, applied and got water withdrawal permission. Although the initial water right distribution approved by the city Government in 2010 inherited water permission licensed before, and clear water use right can give support to future water permission trea- ting, there are radical difference between water permission and water right. Water permission is a kind of administration tool of the government, while water right is a kind of asset of users. Water permission regulation should be substituted by water right institution for the long term.