由于水资源具有不可替代性和稀缺性,我国《宪法》将水资源规定为国家所有即全民所有。把江河湖泊中的水资源由其流经的县、市或省等据为地区所有,并向周边地区进行水权出卖有悖于《宪法》,同时将加大用水成本和社会的额外负担,增加水权纷争和社会的不稳定因素,因而并不是水资源配置的好办法。取水许可制度体现了国家对水资源的所有权和支配权,应予坚持并不断完善。但是,可以允许获得取水许可的单位和个人在国家的控制下进行水资源转让,进行水权交易。 Due to irreplaceable and scarcity of water resources, our country’s Constitution stipulates that water resources be owned by the state, that is, owned by the whole people. The transfer of water resources from rivers and lakes to all counties, cities or provinces flowing through it and the deportation of water rights to the surrounding areas are contrary to the Constitution, meanwhile increasing the cost of water and the additional social burden, Increase water disputes and social instability, so it is not a good way to allocate water resources. The water abstraction permit system embodies the state’s ownership and control over water resources and should be upheld and constantly improved. However, units and individuals that have been granted water abstraction permits water transfer under the control of the State and water rights transactions.