水资源属国家所有,任何取用水资源的单位和个人,必须向水行政主管部门申请取水许可证,并缴纳水资源费,这是《水法》的明确规定。在具体的执法实践中,无证取水是一种常见的水事违法行为,这种违法行为常常伴随着未缴纳水资源费的情况。据笔者了解,绝大多数水行政机关在查处此类行政案件时,仅仅只对无证取水行为加以处罚,未追缴行为人应补缴的水资源费,并 Water resources are owned by the state. Any unit or individual that has access to water resources must apply for a water abstraction permit from the department in charge of water administration and pay the water resource fee, which is the explicit stipulation of the Water Law. In specific law enforcement practices, it is a common practice to take undocumented water, which is often accompanied by unpaid water fees. According to the author, the vast majority of water administration agencies investigate and punish such administrative cases only to punish them for undocumented water abstraction and not to recover the water resources fee that the perpetrators should pay