Ownership of water and how to use it is one of the issues that have always been discussed among jurists. The three common views on this issue are: private property, public commons and enfal. The jurists who accept the permissibility of some types of water, in case of acquisition or restoration, believe in private ownership, and in contrast to the jurists who believe in public commons, do not accept any private ownership of water and only prove the right of priority for the acquirer or restorer. In the two cases of public commons and Anfal, the exploitation management is in the hands of the Islamic government and it must determine the way of exploitation of the people based on the interests of the society. By examining the evolution of the sayings of the jurists from the ancients to the contemporaries, it can be seen that the views on water ownership and its exploitation with the increase in water consumption and the emergence of new methods of water extraction have tended to change from private ownership to public commons and anfal in a way that contemporary jurists In Article 45 of the Constitution, waters are recognized as public assets. This change of approach can also be followed in the legislative literature; In such a way that from 1985 to 1995, the approach of private ownership was governed according to the constitutional law, and from 1999 to 1999, the approach of legal development of water resources started from private ownership to public ownership, and finally in 1997 in Article 45 of the Constitution and in 1999 In the law of equitable distribution of water, the approach of public ownership is maintained as an approved law.