CE 55

Water Resources Engineering

 Control of Water

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Presidential Decree No. 1067
– The Water Code of the Philippines
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Republic Act No. 9275
– Philippine Clean Water Act of 2004
 PD 1067

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December 31, 1976
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A Decree Instituting a Water Code, Thereby
Revising and Consolidating the Laws
Governing the Ownership, Appropriation,
Utilization, Exploitation, Development,
Conservation, and Protection of Water
Resources.
 PD 1067

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...that all waters of the Philippines belong to the
State
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...a need for a Water Code based on rational
concepts of integrated and multi-purpose
management of water resources and sufficiently
flexible to adequately meet future developments
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water is vital national development and it has
become increasingly necessary for government
to intervene actively in improving the
management of water resources
 DECLARATION OF OBJECTIVES AND PRINCIPLES

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Article 1. This Code shall be known as "The
Water Code of the Philippines."
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Article 2. The objectives of this Code are:
– establish the basic principles and framework
– define the extent of the rights and obligation of
water users and owners
– adopt a basic law governing the ownership,
appropriation,... ... of water resources and rights to
land related thereto
– identify the administrative agencies
 DECLARATION OF OBJECTIVES AND PRINCIPLES
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Art. 3. The underlying principles of this code
are:
– All waters belong to the State
– All waters that belong to the state can not be the
subject to acquisitive prescription
– The State may allow the use or development of
waters by administration concession
– The utilization... ...shall be subject to the control and
regulation of the government through the National
Water Resources Council
– Preference in the use and development of waters
shall consider current usages
 DECLARATION OF OBJECTIVES AND PRINCIPLES
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Art. 4. Waters, as used in this Code, refers to
water under the grounds, water above the
ground, water in the atmosphere and the waters
of the sea within the territorial jurisdiction of the
Philippines
 OWNERSHIP OF WATERS
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Art. 5. The following belong to the state:
– Rivers and their natural beds
– Continuous or intermittent waters of springs and
brooks running in their natural beds and the beds
themselves
– Natural lakes and lagoons
– All other categories of surface waters such as water
flowing over lands, water form rainfall whether
natural or artificial, and water from agriculture
runoff, seepage and drainage
 OWNERSHIP OF WATERS
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Art. 5. The following belong to the state:
– Atmospheric water
– subterranean or ground water; and
– Seawater
 OWNERSHIP OF WATERS

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Art. 6. The following waters found on private
lands also belong to the States:
– Continuous or intermittent waters rising on such
lands
– Lakes and lagoons naturally waters rising on such
lands
– Rain water and falling on such lands
– Subterranean or ground waters
– Waters in swamps and marshes
 OWNERSHIP OF WATERS

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Art. 7. Subject to the provisions of this Code,
any person who captures or collects water by
means of cisterns, tanks, or pools shall have
exclusive control over such water and the right
to dispose of the same
 OWNERSHIP OF WATERS

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Art. 8. Water legally appropriated shall be
subject to the control of the appropriator from
the moment it reaches the appropriator's canal
or aqueduct leading to the place where the
water will be used or stored and, thereafter, so
long as it is being beneficially used for the
purposes for which it was appropriated
 APPROPRIATION OF WATERS
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Art. 10. Water may be appropriated for the
following purposes:
– Domestic
– Municipal
– Irrigation
– Power generation
– Fisheries
– Livestock raising
– Industrial
– Recreational
– Other purposes
 UTILIZATION OF WATERS

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Art. 31. Preference in the development of water
resources shall consider security of the State,
multiple use, beneficial effects, adverse effects
and cost of development
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Art. 32. The utilization of subterranean or
ground water shall be coordinated with that of
surface waters such as rivers, streams, springs
and lakes, so that a superior right in one is not
adversely affected by an inferior right in the
other
 Other Chapters

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CHAPTER VI:
– CONSERVATION AND PROTECTION OF WATERS
AND WATERSHEDS AND RELATED LAND
RESOURCES
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CHAPTER VII:
– ADMINISTRATION OF WATERS AND
ENFORCEMENT OF THE PROVISIONS OF THIS
CODE
 Other Chapters

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CHAPTER VIII:
– PENAL PROVISIONS
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...Drilling of a well without permission of the Council
 Other Chapters

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CHAPTER IX:
– TRANSITORY AND FINAL PROVISIONS
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a. Domestic and municipal use;
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b. Irrigation;
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c. Power generation;
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d. Fisheries;
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e. Livestock raising;
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f. Industrial use; and
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g. Other uses
 Other Chapters

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CHAPTER IX:
– TRANSITORY AND FINAL PROVISIONS
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a. Domestic and municipal use;
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b. Irrigation;
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c. Power generation;
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d. Fisheries;
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e. Livestock raising;
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f. Industrial use; and
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g. Other uses
 DATE STAMP

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Done in the City of Manila, this 31st day of
December, Nineteen Hundred and Seventy-Six.
 AMENDMENTS to PD 1067

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Pursuant to the Water Code of the Philippines
(the “Water Code”) vesting upon the National
Water Resources Board (the NWRB) the
administration and enforcement of the
provisions thereof:
 APPROPRIATION AND UTILIZATION OF WATERS

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Use of water for domestic purposes is the
utilization of water directly drawn from a source
by a household for drinking, washing, bathing,
cooking, watering of gardens or animals and
other domestic uses.
 APPROPRIATION AND UTILIZATION OF WATERS

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Use of water for municipal purposes is the
utilization of water for supplying the water
requirements of a community, whether by piped
or bulk distribution for domestic and other uses,
direct consumption, the drawer or abstractor of
which being the national government, its
subsidiary agencies, local government units,
private persons, cooperatives or corporations.
 APPROPRIATION AND UTILIZATION OF WATERS

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Section 2. When Permit/Authority from the
National Water Resources Board Must be
Secured
– Excavation for the emission of a hot spring –
Department of Energy (DOE)
– Cloud seeding to induce rainfall – PAGASA
– Recharging groundwater supplies – DENR
 APPROPRIATION AND UTILIZATION OF WATERS

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Section 24. Establishment of Easements –
Actions for the establishment of easements
under Article 25 of the Code shall be governed
by the Rules of Court
 OTHER RULES

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RULE II:
– CONTROL, CONSERVATION AND PROTECTION
OF WATERS, WATERSHEDS AND RELATED
LAND RESOURCES
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Section 31. Determination of Easements – For purposes
of Article 51 of the Code, all easements of public use
prescribed for the banks or rivers and the shores of seas
and lakes shall be reckoned from the line reached by the
highest flood which does not cause inundation or the
highest equinoctial tide whichever is higher.
 OTHER RULES

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RULE III:
– ADMINISTRATION AND ENFORCEMENT
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Section 56. Resolution of Conflict Arising from Project –
Any conflict involving the use of water that may arise
from the project/program proposal shall be resolved on
the basis of national/regional priority and needs.
 OTHER RULES

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RULE IV:
– PROCEDURE IN CONFLICT RESOLUTION
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Section 76. Decision – All disputes shall be decided
within sixty days (60) days after the parties submit the
same for decision or resolution. Decisions shall be in
writing, stating clearly and concisely the cause or causes
of action, findings of facts and the law or rules upon
which they are based.
 OTHER RULES

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RULE V:
– FINES AND PENALTIES
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Section 82. Grave Offenses – A fine of more than Eight
Hundred (P800.00) Pesos but not exceeding One
Thousand (P1,000.00) Pesos per day of violation and/or
revocation of the water permit/grant.
 DATE STAMP

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UNANIMOUSLY ADOPTED AT THE 29th
MEETING OF THE NATIONAL WATER
RESOURCES BOARD ON MARCH 21, 2005.