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Philippine Environmental Laws Water 16

WATER CODE OF THE In the following instances the


PHILIPPINES granting of permit/authority required under
the provisions of P.D. 1067, is delegated by
Implementing Rules and Regulations the Council to the corresponding agencies
indicated and permit/authority pertaining to
Pursuant to the Water Code of the any of these instances shall be secured from
Philippines vesting upon the National Water the agency delegated:
Resources Council the administration and
enforcement of the provisions thereof, the a) Excavation for the emission of a hot
following rules and regulations are hereby spring – Ministry of Energy;
promulgated: b) Cloud seeding to induce rainfall –
RULE I Philippine Atmospheric Geophysical &
APPROPRIATION AND Astronomical Service Administration
UTILIZATION OF WATERS (PAGASA);
c) Recharging ground water supplies –
National Pollution Control
Section 1. When permit/Authority Commission.
from the National Water Resources Council Must
be Secured. – As required under the Whenever necessary the Council
provisions of P. D. 1067, a permit/authority may exercise any of the above delegated
shall be secured from the Council in the authorities.
following instances:
Section 2. Qualification of Applicants
a) Appropriation of water for any purpose for Permit/Authority. – Only the following
stated under Article 10 of the Code may file an application with the Council for
except for family domestic purpose permit/authority:
provided under Article 6:
b) Change in purpose of the appropriation; a) Citizens of the Philippines;
c) Amendment of an existing b) Associations, duly registered
permit/authority, such as change in cooperatives or corporations organized
point or nature of diversion, amount of under the laws of the Philippines, at
appropriation, period of use, etc; least 60 percent of the capital of which
d) Transfer or lease of water right; is owned by the citizens of the
e) Temporary appropriation and use of Philippines;
water; c) Government entities and
f) Developing a stream, lake, or spring for instrumentalities, including government
recreational purposes; owned and controlled corporations.
g) Lowering or raising the level of the
water of a lake, river or marsh, or Section 3. Place of Filing Applications.
draining the same; - Except for those on cloud seeding, any
h) Transbasin diversion; application for permit/authority in Section
i) Dumping of mine tailings or wastes into 1 shall be filed with the Office of the Public
a river or a waterway; Works District Engineer, the NIA
j) Such other instances that will require a provincial Irrigation Engineer, NPC
permit/authority as determined by the Regional Managers or the LWUA Water
Council. District General Manager whichever is
designated as gently by the Council in the
province where the point of diversion is

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Philippine Environmental Laws Water 17

situated in the case of appropriation of


waters or where the project is located in all B. For a Water Permit for Hydraulic
other cases. Power Development and Industrial
Purposes, or for a Permit to Dump
Section 4. Form and Requirements of Mine Tailings or Wastes –
Application. - All applications shall be filed in
the prescribed form, sworn to by the 1. Location, and conceptual plans on
applicant and supported by the following: convenient scale showing the
source of water, layout of proposed
A. For a Water Permit for Agricultural works, and point of diversion
Purposes – determined graphically by its
latitude and longitude;
1. Any document of 2. Brief description of project,
ownership/possession of the land including among others, how water
to be developed such as: will be used, amount of water
needed for the purpose, power
a) Certificate of Title; expected to be generated if
b) Tax Declaration: applicable, amount of water to be
c) Certificate of Land Transfer; or discharged back to the source and
d) Contract of lease , if applicant is measures to be taken to insure that
a lessee. such waters are not polluted, other
relevant information;
2. Location Plan of Area showing: 3. Articles of Incorporation or Articles
of Partnership in case applicant is a
a) Point of Diversion determined private corporation or partnership,
graphically by its latitude and or certificate of registration in case
longitude; of cooperatives; and
b) Delineation of area indicating 4. When the application is for
hectareage for which water will industrial use of ground water, the
be used and adjoining lands and location and spacing of drilling well
their corresponding owners sites instead of diversion point
duly indicated relative to the should be indicated in the location
point of diversion; plan.
c) Nature of diversion works,
whether temporary or C. For a Water Permit for Municipal
permanent; manner of Purposes –
appropriation, whether by
gravity pump; kind of crop; and 1. Location, topographic and layout
approximate location or map showing the relative position
conveyance canal or conduit; of source area to be supplied, and
and diversion point determined
d) In case of appropriation of graphically by its latitude and
ground water, location and longitude;
spacing of proposed drilling 2. Brief description of the project,
sites, kind of crop, and including nature and amount of
approximate location or water to be used, population and
conveyance canal or conduit in area to be served, and other
lieu of items (a) and (c) above. pertinent facts and information;

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Philippine Environmental Laws Water 18

3. Articles of Incorporation or Articles 2. Location and layout maps of


of Partnership in case applicant is a drainage works showing area to be
private corporation or Partnership, drained, route of drainage canal and
or Certificate of Registration in case drainage outlet which should be a
of cooperatives; natural body of water or a natural
4. When the application involves the waterway;
use of groundwater, the location 3. Articles of Incorporation or Articles
and spacing of drilling well sites of Partnership in case applicant is a
determined graphically by latitude private corporation or partnership,
and longitude should be indicated in or Certificate of Registration in case
the location plan; and of cooperatives.
5. When it involves the reuse of waste
water for human consumption, the F. Such other documents that may be
application should be accompanied required by the Council.
by a clearance from the Department
of Health allowing the reuse of said Section 5. Other Requirements. – In
waste water and setting forth the addition to the requirements under Section
conditions therefor. 4, the following are required in the specific
instances indicated:
D. For a Water Permit for Recreational,
Fisheries and Other purposes – A. For Well Drilling – Except when
manual well drilling will be employed,
1. Location and conceptual plan all applications involving extraction of
showing the relative location of the ground water shall include the name of
project with the body of water to be a duly licensed well driller who will
utilized for the purpose, determined undertake the drilling. Except for
graphically by its latitude and manual well drilling, no person shall
longitude; engage in the business of drilling wells
2. Brief description of the project for the purpose of extracting ground
including among others, how the water without first registering as a well
water is to be used, area of water driller with the Council.
surface needed for the purpose or
amount of water to be appropriated B. For Transfer of a Water Permit –
and location of diversion canal if Applications for the transfer of a water
diversion is to be made, scheme of permit from one person to another shall
development, and other relevant include the reasons for the transfer.
information; and
3. Articles of Incorporation or Articles C. For Lease of a Water Permit -
of Partnership in case applicant is a Applications for the lease of a water
private corporation or partnership, permit to another person shall be
or Certificate of Registration in case accompanied by a duly executed
of cooperatives. contract of lease subject to the approval
of the Council. No contract of lease
E. For a Permit for Drainage Purposes – shall be for a continuous period
exceeding five (5) years; otherwise the
1. Brief description of project for contract shall be treated as a transfer of
which drainage scheme is necessary; permit in favor of the lessee.

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2) For a surface area of more than 15


D. For all Applications to Appropriate hectares – P300 plus P30/ha. of the
Water - Water permit applications filed excess over 15 hectares.
for any purpose shall be accompanied For this purpose a fraction of a
by a Certificate of tree planting, hectare shall be considered as one hectare.
survival, or completion as the case may
be in the name of the applicant as The Council may revise the above
provided under P. D. 1153. water charges or impose special water rates
from time to time as the need arises taking
Section 6. Filing Fee. – There shall into consideration, among others, the
be imposed and collected a fee of One following:
Hundred Pesos (P100.00) from every
applicant, except government agencies, a) Intended use of water;
water districts, and duly organized b) Quantity/rate of water withdrawal vis-à-
associations or cooperatives for irrigation or vis other users taking into account the
rural water supply which shall be paid to the water bearing potential of the source;
Council in postal money order thru the c) Environmental effects;
office where the application is filed. d) Extent to which water withdrawal will
affect the source; and
Section 7. Water Charges. - Except e) Development cost of bringing water
when the appropriation is for family from the source.
domestic purposes or when the quantity of
water appropriate for agricultural use is not Section 8. Processing, Posting and
more than 5 liters per second, all Sending of Notices of Applications. – Upon
appropriators shall pay to the Council in the receipt of an application for water permit,
manner provided under Section 6 hereof, an the Office concerned shall process the same
annual water charge in accordance with the to determine compliance with the
following schedule: requirements prescribed in Section 4 hereof.
If found in order, and upon payment of the
A. For the use of water when filing fee, notices of the application shall be
diverted/extracted from the natural posted in a conspicuous place in said office
source: and shall remain posted for a period of Sixty
(60) days. Notices of application shall
Rate of Withdrawal likewise, be sent by the said office to the
Charge per liter/sec. (liters/second) following for posting in a conspicuous place
for the same period.
1) Not more than 30 P0.50
2) More than 30 but not exceeding 50 a) Barangay Chairman of the place where
P0. 75 the point of diversion is located:
3) More than 50 P1.00 b) Municipal Secretary of the town the
point of diversion is located;
B. For the use of surface water at its c) The Secretary of the Sangguniang
natural location for fish culture: Panlalawigan of the province where the
point of diversion is located;
1) For a surface area not exceed 15 d) Public Works District Engineer or
hectares – P20.00/ha. Provincial Irrigation Engineer as the
case may be.

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Philippine Environmental Laws Water 20

Copies of the notice of application Protests to an application for water


shall, likewise, be furnished to concerned permit shall be governed by the rules
Regional Offices of the Ministry of Public prescribed for resolving water use
Works, National Irrigation Administration. controversies.
National Power Corporation and Ministry
of Natural Resources and Local Water C. Action on Application – Within thirty
District Office, if any. (30) days from the first day of posting
of notice, the Office investigating the
Section 9. Action After Posting of application shall transmit the same
Notices for Appropriation of Surface Waters. – together with all the records, findings of
facts and its comments and
A. Investigation and Studies recommendations, as well as those
government agencies, if any, to the
After seven (7) days from the first day Council for final action through the
of posting of notice at the office Public Works Regional Director.
where the application is filed, the office
concerned shall determine: In cases of application for irrigation,
the report shall also be coursed thru the
1) The approximate seasonal discharge Regional Irrigation Director who shall
of the water source; transmit the same to the Public Works
2) The amount of water already Regional Director.
appropriated for beneficial use;
3) The water requirement of the In cases of applications for
applicant as determined from the hydraulic power, the Public Works Regional
standards of beneficial use Director shall transmit the application, thru
prescribed by the Council; the Central Office of the National Power
4) Possible adverse effects on existing Corporation, Manila, which shall forward
grantees/permittees or public/ the same to the Council with its comments
private interest; and recommendations within thirty (30)
5) Environmental effects; days from receipt thereof.
6) Land-use economics;
7) Whether the area to be irrigated can Section 10. Action After Posting of
be integrated with that of an Notices for Appropriation of Ground Water. –
existing or proposed irrigation
association for common irrigation A. Permit to Drill – The application to
facilities and appropriate ground water shall be
8) Other relevant factors. processed for adherence to
requirements and shall be investigated
B. Protests on Applications – Any person in the field to determine any adverse
who may be adversely affected by the effect to public or private interest.
proposed appropriation may file a Protests on the application shall be
verified protest with the Council or with governed by Section 9-B hereof. If the
deputized agency investigating the application meets the requirements and
application within sixty (60) days after has been found not prejudicial to public
posting of the Notice of Application in or private interest it shall be
the office where the application was transmitted, following the requirements
filed. of Section 9 hereof, to the Regional
Director of the Ministry of Public

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Works who is hereby authorized to 5) Danger of contamination of


issue the permit to drill which shall be aquifers, deterioration of water
subject to the following conditions: quality or salt water intrusion;
6) Adequacy of proposed well, works,
1) Drilling operations shall be in plans and specifications towards
accordance with the rules provided meeting prescribed standards; and
herein; 7) Comments and/or
2) The rate of water withdrawal to be recommendations of other agencies.
approved shall be determined after
pumping tests and shall in no case D. Final Action on Application – Within
exceed the rate stated in the thirty (30) days from the first day of
application; receipt of report of well drilling
3) A permit to drill shall remain valid operations, the Office investigating the
for six (6) months, unless a longer application shall transmit, through the
period is allowed by the Council for Public Works Regional Director, to the
reasonable grounds; and Council, for final action the application
4) The permit to drill shall be regarded for water permit, together with all the
as a temporary permit, and the records, findings of facts and its
regular permit shall be issued after comment and recommendations as well
the rate of water withdrawal has as those of other government agencies.
been determined.
Section 11. Council Action. – The
B. Result of Drilling Operations – A Council shall approve or disapprove
report on the result of the drilling applications for water permits, within sixty
operations shall be submitted to the (60) days after receipt of recommendation
investigation office within the 6-month of its deputized agent and other agencies
period stated in the preceding section. requested to comment, unless a longer
The report shall include a description of period is needed for the disposition of
each drilling site, the drilling log, the protests filed with the Council. In cases of
yield of the well and the assessment of application for industrial use or in cases of
data obtained. such other use where waters may become
polluted, the Council shall refer the
C. Investigation and Studies – Upon application to the National Pollution
receipt of the report on drilling Control Commission for comment and
operations the investigating office shall recommendation. If deemed necessary, the
consider the proposed withdrawal of Council shall refer the application to other
ground water in relation to the agencies concerned as the case may be.
following:
Section 12. Water Permit. –
1) Safe yield of the source, reasonable Approved applications shall be issued water
or feasible pumping lift; permits subject to such conditions as the
2) Beneficial use; Council may impose. Such permit must bear
3) Adverse effects on existing lawful the seal of the Council and the signature of
users of water or to public or the Executive Director. A copy of said
private interest: permit shall be furnished to the Office
4) Effects on the environment; where the application was filed.
Disapproved applications shall be returned
to applicants through the office where the

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same was filed, within thirty (30) days of the Council, unless otherwise allowed.
such disapproval, stating the reasons Except in cases of emergency to save
therefor. life or property or repairs in accordance
with plans originally approved, the
The Council shall, moreover, alteration or repair of these structures
furnish periodically all PW Regional shall not be undertaken without the
Directors, PW District Engineers, and NIA approval of the Council.
Regional Directors and Provincial Irrigation c) The right of a permittee to the Amount
Engineers, a list of approved water permits of water allowed in the permit is only to
granted within their respective areas of the portion or extent that he can use
jurisdiction. beneficially for the purpose stated in the
permit. The diversion of the water shall
Section 13. Conditions in Permits. – be from the source and for the purpose
Water Permits issued by the Council shall indicated in the permit and in no case
be subject to such terms, restrictions and should said use exceed the quantity and
limitations as it may deem proper to period indicated therein. In gravity
impose, and to any, or all of the following diversions, regulating gates of the canal
conditions: shall be closed when water is not
needed.
a) That within one (1) year from the d) The Council may, after due notice and
receipt of the permit the applicant shall hearing, reduce at anytime the quantity
submit to the Council for approval, the of water or adopt a system of
plans and specifications for the apportionment, distribution, or rotation
diversion works, pump structure, water thereof when the facts are
measuring device, and other required circumstances in any situation would
structures and in addition for private warrant the same in the interest of the
sector projects the implementing public and/or legal appropriations.
schedules of construction. No e) The Council may, after due notice and
construction work or private sector hearing, revoke the permit in favor of
projects shall commence until the plans, projects for greater beneficial use or for
specifications and implementing multi-purpose development, subject to
schedules are duly approved. When the compensation in proper cases.
diversion dam is temporary and less f) The Council shall revoke or suspend the
than two (2) meters high, the permit if the permittee violates
submission of plans for the dam may effluent/water quality standards as
not be required. determined by the National Pollution
b) The construction of the necessary Control Commission.
structures and diversion works shall g) At any time after completion of
begin within ninety (90) days from the diversion works and necessary
date of receipt of the approved plans, structures, non-use of the water for the
specifications and implementing purpose stipulated in the permit for a
schedules and shall be completed within period of three consecutive years, shall
the approved schedule unless extended render said permit null and void, except
by the Council for valid or justifiable as the Council may otherwise allow for
reasons: Provided, that water shall not reasons beyond the control of the
be diverted, pumped or withdrawn until permittee.
after such structures and works shall h) Any person in control of a well shall
have been inspected and approved by prevent the waste of water therefrom

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and shall prevent water from flowing conducted by any person deputized by the
onto the surface of the land or into any Council to determine compliance with the
surface water without being beneficially conditions imposed in the permit and such
used, or into any porous stratum other order, rule or regulation the Council
underneath the surface. may issue.
i) Any person in control of a well shall
prevent water containing mineral or Section 17. Certificate of Compliance.
other substances injurious to the health – The Council shall issue a certificate of
of humans or animals or to agriculture compliance to the permittee/grantee after
or vegetation from flowing onto the being satisfied that the construction of the
surface of the land or into any surface necessary structures in connection with the
or into any other aquifer or porous water permit have been duly complied with.
stratum. Such certificate shall bear the signature of
the Executive Director.
Section 14. Periodic and Final
Inspection of Project – The council or its Section 18. Revocation of Permit. –
authorized agents who investigated the Any permit issued pursuant to these rules
application may conduct periodic inspection may be revoked by the Council, after due
while construction, alteration, or repair is in notice and hearing, for any of the grounds
progress as well as final inspection thereof provided herein or in the Code.
to ascertain whether or not the same is in
accordance with approved plans and Section 19. Recurrent Water Shortage.
specifications. – For the purpose of Articles 22 and 26 of
the Water Code, recurrent water shortage
A report of inspection within ten shall mean the natural periodic diminution
(10) days from date thereof shall be of water in a source of supply to a volume
submitted to the Council thru the Public or rate of flow insufficient to meet the water
Work Regional Director. requirements of all legal appropriator
therefrom.
Section 15. Notice and Completed
Structures/Diversion Works. – The permittee Section 20. Basic Diversion
shall inform the Council or its deputy Requirement for Agricultural Use. – Except
concerned, that the necessary structures and when otherwise justified by type of
diversion works required have been irrigation system, soil conditions, kind of
completed in accordance with approved crop, topography and other factors, water
plans and specifications. permits for agricultural use shall be granted
on the basis of one liter per second per
In addition, in cases of hectare of land to be irrigated.
appropriation of ground water the permittee
shall inform the Council as to the depth and Section 21. Construction/Repair of
diameter of the well, the drilling log, the Other Structures. – Apart from the structures
specifications and location of casings, required under Section 13 and except in
cementing, screens and perforations, and cases of emergency to save life or property,
the results of tests of capacity, flow, or repair in accordance with plans
drawdown, and shut-in pressure. previously approved, the construction or
repair of the following structures shall be
Section 16. Inspection of Works. – undertaken only after plans and
Inspection of the premises shall be specification therefor are approved by the

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Administrator of the National Irrigation declared for the coordinated development,


Administration when the structure is for an protection, and utilization of ground and
irrigation project, or by the Minister of surface waters, the appropriation of surface
Public Works in all other case enumerated water shall, in general, have preference over
hereunder: that of ground water and, except as
otherwise allowed by the Council, a permit
a) Off-stream water impounding for the appropriation of ground water is
structures except earth-fill valid only to the extent that it does not
embankments less than 10 meters high prejudice any surface water supply.
from the natural ground surface;
b) Barrages across natural waterways Section 25. Registration of Wells in
except temporary dams for irrigation Control Areas. – In declared control areas, all
less than two (2) meters high from the wells without water permits, including those
stream bed; for domestic use, shall be registered with
c) Dikes, levees, revetments, bulkheads, the Council within two years from the
piers, breakwaters and other similar declaration otherwise any claim to a right on
structures or devices that effect the a well is considered waived and use of water
direction or level of materials in rivers, therefrom shall be allowed only after a
lakes, and in maritime waters; and water permit is secured in accordance with
Rule 1 hereof.
Other structures not included in the
above enumeration shall be approved by the Section 26. Temporary Permits. – The
proper government agencies as may be Council may grant temporary permits for
designated by the Council. the appropriation and use of water in
situations such as the following:
The approving officials shall
prescribe the procedure for filing, a) Irrigation of an area pending the
processing and approval of the plans and construction of a larger system to be
specifications. Structures required in water operated either by the government or
permits shall be approved as prescribed by any irrigation association which will
under Section 13 hereof. serve said area. Such permit shall
automatically expire when water
Section 22. Establishment of becomes available for the area from the
Easements. – Actions for the establishment larger system. In cases where the supply
of easements under Article 25 of the Code from the larger system is not adequate,
shall be governed by the Rules of Court. the permit may be modified
accordingly.
Section 23. Establishment of Control b) When there is need to use water for
Areas. – When the Council deems it municipal purposes in emergency
necessary to declare a control area, it shall situations pending the availability of an
publish the same in three (3) newspapers of alternative source of supply as provided
general circulation setting forth the purpose in Article 22 of the Code;
of the declaration, the geographic limits of c) For special research projects requiring
the control areas, and the regulations the use of water for certain period of
necessary to achieve its objectives. time;
d) For temporary use of water needed for
Section 24. Coordinated Use of Waters the construction of roads, dikes,
in Control Areas. – In control areas so buildings, and other infrastructures; and

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e) When there are unforeseen delays in the shores of seas and lakes shall be reckoned
approval of the application and from the line reached by the highest flood
appropriation of water is necessary which does not cause inundation or the
pending the issuance of a water permit, highest equinoctial tide whichever is higher.
unless the application is protested. Any construction or structure that
encroaches into such easements shall be
Temporary permits shall be granted ordered removed by the Minister of Public
by the Council on a case to case basis Works.
specifying the conditions and period under
which the permit is valid. The Council may Section 28. When Permit/Authority
delegate the issuance of temporary permits from the Minister of Public Works is Required. –
for a period of not exceeding six (6) months A permit/authority shall be secured from
and a quantity of not more than 200 liters the Minister of Public Works in the
per second. following instances:

RULE II a) Construction of dams, bridges and


CONTROL, CONSERVATION AND other structures in navigable or floatable
PROTECTION OF WATERS, waterways;
WATERSHEDS AND RELATED b) Cultivation of river beds, sand bars and
LAND RESOURCES tidal flats;
c) Construction of private levees,
Section 27. Prohibited Construction on revetments and other flood control and
Navigable or Floatable Waterways. – Except river training works; and
when allowed under these rules, the d) Restoration of river courses to former
building of dams, dikes, or any structure or beds.
works or the introduction of fish
contraptions or other devices which Section 30. Place of Filing
encroach into any public navigable or Applications. – Applications for
floatable river, stream, coastal waters, permit/authority under the next preceding
creeks, esteros or drainage channels or other section may be filed with the Public Works
navigable or floatable public waters, District Engineer's Office in the province
waterways, or bodies of water or which where the project is to be undertaken.
obstruct or impede the free passage thereof
or cause inundation, shall be ordered Section 31. Form and Contents of
removed by the Minister of public Works as Applications. – All applications shall be filed
prohibited construction. in a prescribed form sworn to by applicant
and supported by the following;
The rules and regulations of the
Philippine Coast Guard pertaining to A. For Cultivation of Rivers Beds, Sand
navigation shall be suppletory to these rules. Bars and Tidal Flats –
Rivers, lakes and lagoons maybe declared by
the Council as navigable in whole or in part 1) Location plan showing the river
upon recommendation of the Philippine bed, delineation of the area to be
Coast Guard. cultivated, the adjoining areas and
the corresponding lessees/
Section 28. Determination of permittees; and
Easements. – All easements of public use 2) Information showing the crops to
prescribed for the banks or rivers and the be planted and the cropping period.

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Philippine Environmental Laws Water 26

1) Vicinity map and location plan


B. For Private Flood Control Works – showing the river and the proposed
structure:
1) Location plan showing the river 2) Cross-section of the structure with
channel, proposed control works cross-section of the river at the
and existing works, if any, in the location of the structure showing
vicinity; minimum water level, maximum
2) Cross-sections of the river channel flood level without structure, and
in the site; maximum flood level with structure;
3) Plans and specifications of control 3) Plan showing extent of maximum
structures; flooded area without structure and
4) Construction schedule; and maximum flooded area with
5) Articles of Incorporation or Articles structure;
of Partnership in case applicant is a 4) Schemes and details of provisions
private corporation or partnership, for passage of watercraft;
or Certificate of Registration in case 5) Construction schedule; and
of cooperatives. 6) Articles of Incorporation or Articles
of Partnership in case applicant is a
C. For Restoration of River Courses to private corporations or partnership,
Former Beds – or Certificate of Registration in case
of cooperatives.
1) Affidavits of two disinterested
persons attesting to the Section 32. Action on Application. –
circumstances of the change in the The Public Works district Engineer shall
course of the river or stream, investigate each application filed with his
including the date when such Office and, if necessary, conduct public
change occurred; hearings thereon. He shall transmit his
2) Certified copies of the cadastral report and recommendation to the Public
plans and technical description of Works Regional Director who, after proper
the lots affected by the river or review, shall transmit the application with
stream, showing the former course its supporting documents and his
to which the river will be restored. recommendations to the Minister of Public
3) A recent survey map of the area Works, for appropriate action.
affected undertaken by a licensed
geodetic engineer indicating the Section 33. Limitation on Permits to
present river course as well as the Cultivate River Beds, Sand Bars and Tidal Flats.
old cadastral stream boundaries; – A permit to cultivate river beds, sand bars
4) Articles of Incorporation or Articles and tidal flats shall be non-transferable and
of Partnership in case applicant is a shall not be construed as authorizing
private corporation or partnership, reclamation of the area covered by the
or Certificate of Registration in case permit, or as conferring upon the permittee
of cooperatives; and a right of ownership thereof by acquisitive
5) Scheme and schedule of restoration. prescription.

D. For Construction of Dams, Bridges, Section 34. Construction and


and Other Structures in Navigable or Completion of Work. – The construction of
Floatable Waterways – private flood control works and dams,
bridges and other structures in navigable

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rivers or streams shall be undertaken within environmental quality and public health,
the approved construction schedule; safety an welfare;
otherwise the permit shall automatically be b) To provide guidelines for local
cancelled unless a longer period is allowed. governments in the formulation of
regulatory ordinances regarding flood
Work for the restoration of a river plain use and occupancy;
or stream to its former bed shall be c) To draft recommend guidelines for
commenced within the two (2) years from flood plain management in a particular
the date of change in the course of the river flood control area in order to achieve
or stream and completed within one (1) year the goals and objectives thereof; and
from start of construction. d) To perform such other functions as the
Minister may direct.
Section 35. Establishment of Flood
Control Areas. - Whenever the Minister Section 37. Storage and Rafting of
deems it necessary to declare flood control Logs. - The Council, through its deputies
areas for the protection of flood plain lands, may prohibit or control the rafting or
he shall publish the same in three (3) storage of logs and other objects on river
newspaper of general circulation setting and lakes when:
forth the purpose of the declaration, the
geographic limits of the declared control a) It causes pollution of water used for
area, and the regulations necessary to domestic municipal purposes; and
achieve the objectives. b) It causes danger to structures such as
those for irrigation power and flood
Section 36. Inter-Agency Flood Plain control.
Management Committee. - The minister shall
form an Inter-agency Flood Plain Section 38. Prohibitions and
Management Committee for each flood Requirements on Water impoundment. - The
plain declared as flood control area, the Council shall, upon recommendation of the
members of which shall include, but not Ministry of Health, prohibit the impounding
limited to, representatives from the of water in ponds or reservoirs when:
following:
a) The water is found to contain excessive
a) Ministry of Public Works pollutants;
b) National Power Corporation; b) It will degrade its quality;
c) Ministry of Local Government; c) Public health is endangered; and
d) National Irrigation Administration; and d) Such other similar situations.
e) National Water Resources Council,
Existing ponds or reservoirs falling
The functions of this Committee under the aforementioned cases shall be
shall be; ordered drained by the Council the reservoir
operation rule curve for approval which
a) To establish close liaison among shall be followed except during periods of
national and local government entities extreme drought and when public interest
and promote the best interest and the so requires, wherein in the Council may
coordinate protection and management change the operation during the period after
of flood plain lands for the mitigation due notice and hearing.
of flood damages viewed in a larger
context to include other aspects such as

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Philippine Environmental Laws Water 28

The Council shall review well without securing a permit from the
periodically the rule curve for possible Council.
revisions.
A rule is a diagram showing the For this purpose, only wells with
minimum water level requirement in the casings not exceeding 75 millimeters in for
reservoir at a specific time to meet the the extraction of ground water shall
particular needs for which the reservoir is conform with the following requirements:
designed.
a) The well shall be so designed and
Furthermore anyone who operates a constructed that it will seal off
reservoir shall submit to the Council his contaminated water-bearing formations
plan for handling maximum discharge with or which have undesirable
a view to avoiding damage to life and characteristics;
property. b) There shall be no unsealed openings
around the well which may conduct
Section 40. Employment of Engineer surface water or contaminated or
in Dam Operations. - All operators of storage undesirable ground water vertically to
dams exceeding 10 meters, high or overflow the intake portion of the well;
dams exceeding 2 meters high from the c) All parts of a permanent well shall be of
stream bed shall make arrangements for the durable materials;
periodic inspection of said structures and its d) Wells constructed in a sand or gravel
operating equipment by a registered civil aquifer shall be provided with a water-
engineer for the purpose of identifying tight casing to a depth of 1.5 meters or
conditions which may adversely affect the more below the lowest expected
safety of these structures and giving advise pumping level, provided that where the
to the operator on the proper maintenance pumping level is less than ten (10)
and operation thereof. meters from the surface, the casing shall
extend three (3) meters below the
Section 41. Qualification of Well lowest pumping level,
Drillers. - No person shall be permitted to e) Casings of wells constructed in
undertake well drilling work unless he is sandstone aquifers where the over
duly registered with the Council as a well burden consists of unconsolidated
driller. No person shall be registered by the materials shall be grouted to a minimum
Council as a well driller unless he has at depth of ten (10) meters, provided, that
least any of the following qualifications: should there be an additional overlying
formation of creviced or fractured rock,
a) Graduation from high school with three the casing shall be grouted to its full
(3) years experience in will drilling work depth;
unless he is duly registered with the f) Casings of wells constructed in
driller registered with the Council; or limestone, granite or quartzite where the
b) A holder of a bachelor's degree in overburden consist of drift materials
geology or engineering with one (1) year shall be extended to a depth of at least
experience in actual drilling work. fifteen (15) meters, and firmly seated in
rock formation, provided, where the
Section 42. Permit to Drill a Well. - overburden is less than fifteen (15)
Except for domestic use, no person shall meters, the casing shall be extended
drill any well for the extraction of ground three (3) meters into uncreviced rock,
water or make any alteration to any existing

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Philippine Environmental Laws Water 29

provided, finally, that in no case shall The Council, may increase or


the casing be less than 15 meters; decrease the above spacing requirements
under any of the following circumstances:
g) Well for domestic and municipal water
supply shall be constructed in a) for low-income housing development
accordance with sound public health projects where home lot size will limit
engineering practice; available spacing between homeowners'
h) The extent of pumping and extraction wells;
of ground water shall take into b) where the geologic formation may
consideration the possibility of salt warrant closer or farther spacing
water intrusion, land subsidence and between wells; and
mining of ground water; c) where assessment of pumping test
i) Unless otherwise allowed by the records on yields, drawdown, circle of
Council, an abandoned well shall be influence, seasonal fluctuations in water
properly plugged or sealed to prevent table and other technical date on
pollution of ground water, to conserve ground water wells, drilling and
aquifer yield and artesian head, and to operation indicate possible closer or
prevent poor-quality water from one farther spacing between wells.
aquifer entering another;
j) Free-flowing wells shall be provided In modifying the spacing
with control valves or other similar requirements the following criteria shall be
devices to control and regulate the flow applied:
of water from such wells for
conservation purposes; a) no new well shall cause more than 2
k) Well site shall be provided with drainage meters of additional drawdown to any
facilities for the proper existing well;
disposal/conveyance of surface water b) where the geologic formation may
flow from the site; warrant closer or farther spacing
l) In general, spacing requirements except between wells: and
for wells less than 30 meters deep, shall c) where assessment of pumping test
be in accordance with the table below: records on yields drawdown, circle of
influence seasonal fluctuation in water
------------------------------------------------------- table and other technical data or ground
------------------------------------------------------- water wells, drilling and operation
RATE OF WITHDRAWAL indicate possible closer or farther
MINIMUM DISTANCE BETWEEN spacing between wells.
IN LITERS PER SECOND
WELLS IN METERS In modifying the spacing
------------------------------------------------------- requirement the following criteria shall be
------------------------------------------------------- applied:
2 - 10 200
a) No new well shall cause more than 2
More than 10 - 20 400 meters of additional drawdown to any
existing well;
More than 20 - 40 600 b) If the rate of withdrawal applied for a
well will cause additional drawdown of
More than 40 1000 more than 2 meter to any existing well
the rate of withdrawal applied for shall

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Philippine Environmental Laws Water 30

be reduced to satisfy the drawdown be such that the resulting streamflow or


limit. water level shall remain navigable to the
c) The Council shall prescribe the existing vessel that ply the river or lake.
maximum pump size and horsepower in c) For half conservation consideration
the water permit to so that the rate of shall be made such that the resulting
withdrawal shall not exceed that streamflow or lake level will not
authorized. adversely affect the existing fish habitat.
d) Groundwater mining may be allowed The minimum flow/water level
provided that the life of the provided shall be determined by the
groundwater reservoir system is Council in consultation with BFAR.
maintained for at least 50 years. d) In any case, the minimum requirement
shall be the observed or estimated
Section 44. Minimum Stream Flows absolute stream flow or lake level.
and Water Levels. - When the Council deems
it necessary to establish minimum stream Section 45. Protection of Water Supply
flows for river and stream and/or minimum Sources. - No person shall discharge into any
water level or lakes as provided under source of water supply any domestic
Article 66 of the Code, it shall notify the sewage, industrial waste, or pollutant not
public through newspaper that a public meeting the effluent standard set by the
hearing shall be conducted for such National Pollution Control Commission.
purpose. In the conduct of the hearing, the
following shall be considered: Section 46. Mine Tailing Disposal. -
Water discharge with mine tailing or waste
a) Adverse effects on legal appropriators; shall not contain mineral or other
b) Priorities that may be altered on the substances injurious to man, animal, aquatic
basis greater beneficial use and/or life, agriculture or vegetation in
multi-purpose use; concentration exceeding the maximum
c) Protection of the environment, control prescribed by the National Pollution
of pollution, navigation , prevention of Control Commission.
salt water damage and general public
use; and Tailing dams, ponds or similar
d) Other factors relevant to the situation. control structure located along river beds
whenever required shall be strong enough
In general, the Council shall to withstand the forces in the river during
consider the following criteria in the typhoons and flash floods.
establishment of minimum stream flows of
river and stream and minimum water level Mine operators shall undertake
of lakes. appropriate erosion control measure in their
mining areas to minimize the amount
a) For water quality and environmental sediments therein that will be carried to
protection the minimum stream flow or river systems.
lake water level shall be estimated based
on the threshold concentration of Section 47. Complaint on Drainage
pollutant and environmental System Construction. - Any complaint
requirement in cooperation with the pertaining to the construction of a drainage
NPCC and NEPC. system under the provision of Article 44 of
b) For navigation purposes, the minimum the Code shall be treated under Rule III
flow or water level to be provided shall hereof.

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Philippine Environmental Laws Water 31

interested party may propose any water


resources project through the appropriate
RULE III agencies and/or deputies who shall forward
ADMINISTRATION AND the same to the Council after evaluating and
ENFORCEMENT commenting with respect to the above
guidelines. The Council, before approving
Section 48. General Guidelines for the projects, may, if necessary, refer or
Water Resources Development Projects/Programs. - consult with other appropriate deputies
As a general rule, a water resources and/or concerned government agencies.
project/program may be implemented only
if it is in accordance with national socio- Section 52. Requirements of Water
economic developments goals and Resources Projects/Programs. – Project/
objectives or necessary for the national Program proposals shall contain indicators
security or protection of life and property. socio-economics justifications relationship
Any project/program involving the to the National Development Plan, impacts
appropriation of water shall be directed statement on the sectors project/program
towards the optimum single and/or multi- supports and complement, regional impact
purpose utilization thereof. Whenever statement, environmental statement, and
practicable, projects shall be conceived and such other information as the Council may
viewed according to multi-purpose water require. Projects, such as artesian wells,
resource planning concepts within the area spring development and barangay
unit of a river basin. In the case of small waterworks for purely domestic and
scale, water developments projects, municipal use, and such other small-scale
development planning of the latter shall projects as the Council may determine, shall
proceed alongside the implementation of be exempted from this requirement.
the former.
Section 53. Resolution of Council
Section 49. Specific Guidelines. - the Arising from Project. – Any conflict involving
size and time phase of projects/programs the use of water that may arise from the
shall satisfy appropriate socio-economic project/program proposal shall be resolved
indicators, more particularly the benefit-cost on the basis on the national/regional
and/or cost effectiveness criteria, their priority and needs, i.e.., need for power
supplementary and complementary roles to generation in multi-purpose project shall be
the projects program of other government reckoned on the quantity on and time of
sectoral plans, and their ecological effects. such needs on the greed basis rather than
on a single project basis alone.
Section 50. Water Resources Projects/
Programs By Governments Sector. - Any conflict which adversely affects
Government water resources and related a particular segment of society, group of
projects/programs shall be submitted by the individuals or small community, may be
proponent agencies to the Council, which resolved after a public hearing has been
may, if necessary, refer the matter to the conducted by the Council or its proper
proper deputies or concerned agencies for deputies.
evaluation and comment in accordance with
the guidelines before approving the same. Section 54. Deputies. – The Council
may appoint a deputy for each or a
Section 51. Water Resources Projects/ combination of the following functional
Programs By Private Sector. – Any private area related to water resources:

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Philippine Environmental Laws Water 32

applications, water rights controversies and


a) hydrologic and meteorologic data; other activities as it may assign.
b) flooding areas and inland waterways;
c) lakes and marshes; Section 57. Committee on Arbitration.
d) watersheds; – The Council may create and authorize a
e) water supply and sewage; Committee on Arbitration for purposes of
f) water accounting within watersheds; determining the rate of just compensation in
g) other water resources activities instances provided under the Code. Such
committee shall be composed of the
Each deputy shall gather and organize Council Deputy/Agent who must be a
data in accordance with their assigned professional technical man as Chairman, the
functions for submission to the Council. Provincial Assessor, and the Provincial
The Council shall determine the frequency Development Officer of the province where
and type of data to be gathered. the subject premises is situated together
with the representative of each of the
Section 55. Information Assessment. - parties involved, as members.
The Council shall collate and analyze
technical data. It shall also develop an The Committee shall take action on
indexing system for all its publications any claim referred to it by the Council for
indicating the data published, water resource evaluation and submit a report thereon
basin involved, basic environmental within thirty (30) days from receipt of
indicator, and such other related indices. notice of formation of the Committee
unless a longer period is required, in which
Studies based on data retrieved case extension maybe granted upon
from and/or submitted by the deputies may authority of the Council.
be undertaken. A study of the manpower
requirements of a water resource sector may Section 58. Review and Approval of
be considered in setting up and Rules and Regulations Involving Water. - Rules
implementing appropriate manpower and regulations by any government agency
development measures. involving policies on the utilization,
exploitation, development, control,
It shall also establish a position conservation of protection of water
classification system for employment resources shall be reviewed and approved
purposes in coordination with water by the Council. Unless the charter of such
oriented agencies and the Office of agency provides that the same shall be
Compensation and Position Classification. approved by the President, in which case
the proposed rules shall first be referred to
The Council shall initiate and the Council for comment.
undertake studies of water consumption
patterns along the different purposes Section 59. Agreements Involving
provided in the Code particularly that of Water. – Any agreement among government
industry. agencies involving the use of water for
irrigation, hydro-power, industrial, domestic
and municipal water supply shall, in all
Section 56. Agents. – The Council cases, be subject to review and approval of
may appoint to perform specific functions the Council. In the review of such
such as investigation of water permit agreements, the Council may consult the

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Philippine Environmental Laws Water 33

parties and other government agencies


concerned. However, complaints/protests filed
solely on the ground of adverse effects on
Section 60. Disposition of Funds the privileges to use water from any source
Collected. - All income of the Council from shall not be entertained unless the
the fees and charges shall be remitted to the complainant/protestant is a water
National Treasury and treated as a special permittee.
account under the General Fund to the
credit of the Council. The operational and Section 63. Place of Filing. –
maintenance expenses of the deputies and Complaints/Protests may be filed with the
agents of the Council shall be financed Council or the Office of the Public Works
under this account in accordance with a Regional Director or the Public Works
special budget to be submitted to the District Engineer or NIA Provincial
Budget Commission. Any generated surplus Irrigation Engineer, of the place where the
shall be invested for water resources source of water subject of the controversy is
development purpose including but not located. Complaints/protests on the use of
limited to the purposes envisioned under water for hydraulic power development
Article 81 may be recommended by the shall be filed with either the Council or the
Council. Office of the Public Works Regional
Director.
Section 61. Parties in Water Use
Conflicts/Controversies. - The complaining Section 64. Filing Fee. - There shall
party shall be referred to as be imposed and collected a filing fee of One
Complainant/Protestant and the party Hundred (P100.00)Pesos from every
against whom the complaint is filed shall be complainant/protestant except from pauper
referred to as Respondent/protestee. litigants in accordance with the Rules of
Court. The said fee shall be paid to the
Section 62. Complaints. – All office where the complaint/protest is filed
complaints shall be in writing sworn to by in the manner provided under Section 6 of
the complainant/protestant and must Rule 1.
contain the following:
Section 65. Answer. - Upon receipt
a) Name, postal address and personal of a complaint/.protest, the agency/office
circumstances of complainant/ concerned shall furnish the
protestant; respondent./protestee a copy and such
b) Name and postal address of documents accompanying the complaint,
respondent/protestee; and require him to answer in writing within
c) Substances of the complaint; ten (10) days from receipt thereof.
d) Grounds or causes of action;
e) Brief and concise statement of the Should respondent/protestee fail to
pertinent facts and circumstances; answer within the period provided herein,
f) Relief sought; and the investigator shall proceed ex parte to
g) Names and postal addresses of receive the evidence and testimony of the
witnesses to be summoned, if any. complaint/protestant and his witnesses, and
shall submit his report to the Council based
All complaints shall be on the facts and evidence adduced.
accompanied by affidavits of witnesses as
well as supporting documents, if any.

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Philippine Environmental Laws Water 34

Section 66. Preliminary Conference. -


Upon receipt of respondent’s/protestee's Section 70. Authority/Functions of
answer, the investigator shall direct the Hearing Officer. - The investigator shall be
parties and their attorneys to appear before duly authorized to administer oath to
him for conference to consider the witnesses, take dispositions and secure the
possibility of an amicable settlement. attendance of witnesses and/or production
of relevant documents through the
The proceedings during the compulsory process of subpoena and/or
preliminary conference shall be summary in subpoena duces tecum. The contending
nature and shall be conducted informally parties may avail of such processes by filing
without the investigator being bound follow a formal written request with the
strictly the technical rules of evidence. He Investigator.
shall take appropriate steps towards a
peaceful and equitable settlement of the The proceedings shall be duly
dispute. recorded and shall include a physical or
ocular inspection of the premises and for
Section 67. Amicable Settlement. - the purpose, the Investigator and the parties
Amicable settlement shall, in all cases, be shall have authority to enter upon private
reduced in writing and signed by the parties. lands with previous notice to the owners
Within fifteen (15) days from the signing thereof.
thereof, a report with comments and
recommendation shall be submitted to the The Investigator may conduct ex
Council for approval. parte investigation/hearing if circumstances
so warrant.
Section 68. Venue of Investigation/
Hearing. - Should the parties fail to agree Section 71. Orders/Rulings –
during the preliminary conference, the Interlocutory orders/rulings made during
investigator shall immediately hear the case the proceedings are not appealable.
in the barrio, municipality or province
where the subject of the controversy is Motions for postponement or
located or at any other place agreed upon by continuance shall be based on valid and
both parties. Any disagreement as to venue reasonable grounds and the grant or denial
shall be resolved by the Investigator whose thereof rests upon the sound discretion of
decision is final. the Investigator, provided that not more
than (3) postponements may be given to
Section 69. Order of Proceedings. - either party or a total of six (6)
The investigator shall hear first the postponements in a given case. Regardless
testimony of the complainant/protestant of the number of parties and provided
and his witnesses and next the testimony of further, that in no case shall any
the respondent-protestee. During the postponement last for more than three (3)
proceedings, the parties shall have the right calendar days.
to confront and cross-examine the opposing
party of the submitted affidavits. After the Section 72. Investigation Report. - The
presentation of the evidence by the parties, Investigator shall transmit to the Council
they may at their option submit a within fifteen (15) days from the date of
memorandum/memoranda in support of termination of the proceedings, his report
their claim/defense in lieu of an oral with the complete record of the case with a
argument. comprehensive sketch of the premises

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Philippine Environmental Laws Water 35

involved. The report shall contain the days from the date of receipt by the Office
following: concerned.

a) Nature and addresses of the parties; Section 75. Appeal/Petition for


b) Nature of the controversy; Reconsideration and/or Reinvestigation. - Appeal
c) Summary of the allegations and proofs from the decision of the Council in
presented by parties; accordance with Article 89 of the Code shall
d) Clear and concise statement of the be made by the party adversely affected
findings of facts borne of the evidence within fifteen (15) days from receipt of the
and/or revealed in the ocular decision unless a petition for
inspections; reconsideration or reinvestigation is filed
e) The law and rules involved; and with the Council within the same period.
f) Conclusion, comment and The filing of said petition suspends the
recommendation. running of the 15 day period within which
to file an appeal with the Court.
Section 73. Decision. - All disputes
shall be decided within sixty (60) days after A) Petition for reconsideration/
the parties submit the same for decision or reinvestigation shall be based on any of
resolution. Decisions shall be in writing, the following grounds:
stating clearly and concisely the cause or
causes of action, findings of facts and the 1) Fraud, accident, mistake or
law or rules upon which they are based. excusable negligence which ordinary
prudence could not have guarded
The Council shall have the power to against and by reason of which the
issue writs of execution and enforce its aggrieved Party has probably been
decisions with the assistance of national or impaired in his rights;
local law enforcement agencies subject to 2) Newly discovered evidence which
prior notice to the party concerned in petitioner could not, with
accordance with Article 84 of the Code. reasonable diligence, have
discovered, and produced at the
Section 74. Proof of Service.- investigation and which if presented
Decisions, resolutions or orders of the would probably alter the result; and
Council shall be furnished to the 3) Palpable errors in the findings of
contending parties thru their counsel, if facts and conclusions of law or
represented, or by personal/substituted decisions that are not supported by
service or registered mail, with return card. the evidence adduced in the
Personal/substituted service to the parties investigation.
shall be acknowledged in writing, indicating
the date or receipt and the name of the Only one petition for
person serving. Should any person refuse to reconsideration/ reinvestigation
receive the decision, resolution or order , a accompanied by proof of service upon the
written statement to such effect duly signed other party shall be entertained. Resolution
by the person serving shall be submitted. or petitions for reconsideration/
Decisions, resolutions or orders coursed reinvestigation shall be served upon the
through the deputies/agents of the Council, parties concerned in accordance with
shall in all cases, be served upon counsel, if Section 73 hereof.
represented, or to the party within five (5)

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Philippine Environmental Laws Water 36

Section 76. Stay of Execution. - The (P500.00) Pesos and/or suspension of the
filing of petition for reconsideration and/or water permit/grant for a period of one
reinvestigation under the preceding section hundred twenty (120) days shall be imposed
or an appeal with the Court of First for the following violations:
Instance under Article 89 of the Code shall
not stay the execution of the decisions, a) unauthorized sale, lease or transfer of
resolution or order of the Council unless a water permits water rights;
bond as provided for in Article 88 shall b) failure to install a regulating and
have been posted. measuring device for the control of the
volume of water appropriated when
Section 77. Light Offenses. - A fine required;
of not more than Two Hundred (P200.00) c) nonpayment of water charges; and
Pesos and/or suspension of the d) violation of or non-compliance with any
permit/grant for a period of not more than order, rule or regulation of the Council.
sixty (60) days shall be imposed for any of
the following violations; Section 79. Grave Offenses. - A fine
of more than Five Hundred (500.00) Pesos
a) illegal taking or diversion of water in an but not exceeding One Thousand (P1,000)
open canal or reservoir; Pesos and/or revocation of the water
b) unauthorized utilization of an existing permit/grant of any other right to the use of
well or ponding or spreading of water water shall be imposed for any of the
for recharging subterranean or ground following violations:
water supplies;
c) appropriation of subterranean or a) drilling of a well without permit or with
ground water for domestic use by an expired permit;
overlying landowner without the b) failure to provide adequate facilities to
registration when required by the prevent or control disease whenever
Council; required in the construction of any
d) failure of the appropriator to keep a work for the storage, diversion,
record of water withdrawal when distribution and utilization of water;
required by the Council or by the rules c) construction of any hydraulic work or
and regulations of other water oriented structure without duly approved plans
agencies such as Water Districts created and specifications;
pursuant to Presidential Decree No. d) failure to comply with any of the terms
198, as amended, provided that such or conditions in a water permit or water
rules and regulations have been rights grant not covered by the
approved by the Council; preceding sections,
e) repair without permission of hydraulic e) non-observance of any standard for the
or structural features as originally beneficial use of water and/or schedule
involving alteration of its hydraulic or of water distribution;
structural features as originally f) use of water for a purpose other than
approved; and that for which a right or permit was
f) such other infractions as the Council granted;
may determine. g) malicious destructions of hydraulic
works or structure valued at not
Section 78. Less Grave Offenses. - A exceeding Five Thousand (P5,000.00)
fine of more than two Hundred (P200.00) Pesos;
Pesos but not exceeding Five Hundred

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Philippine Environmental Laws Water 37

h) unauthorized sale of water in violation be penalized twice as much as the fine


of the permit; and imposed of his name as a party defendant in
i) such other serious violations as the any action filed. Proper representations in
Council may determine. this regard shall be made with the
appropriate agency for the cancellation or
Section 80. Penalties for Delinquency. - suspension of his license/certificates of
Where the penalty imposed is a fine and the registration.
offender fails to pay the same within the
given period, he shall be liable, in addition, Section 84. Offer of Compromise. - In
to pay Five (P5.00) pesos per day of delay cases where offender, at anytime before the
but in no case to exceed One Thousand execution of the order or decision, offers in
(P1,000.00) Pesos. However, if the penalty writing to pay the fine imposed instead of
imposed is suspension of the water having his/her permit/grant suspended for
permit/grant, the counting of the period a given period, the Council may, if the
shall begin from the time the original copy circumstances so warrant, accept such offer
of the water permit/grant certificate is or compromise. However, if the penalty
surrendered to the Council or any of its imposed is both fine and suspension of the
deputies/agents. Such grant/permit/ permit for a given period, the offer shall
certificate shall be surrendered within necessarily include the amount of the fine
fifteen (15) days from receipt of the Council imposed as well as such amount as maybe
by order or decision and any delay in the determined by the Council corresponding to
surrender thereof will be meted a penalty of the period for which the permit should have
Five (P5.00) Pesos each day. been suspended.

Section 81. Violations by Juridical Section 85. Summary Revocation/


Persons. - In cases where the offender is a Suspension. - Water permits or other rights to
corporation, firm, partnership or use the water may be revoked or suspended
association, the penalty shall be imposed summarily by the Council if any of the
upon the guilty officers mentioned in following facts and/or conditions exists:
Article 92 of the Code.
a) That the suspension/revocation will
Section 82. Violations by Non- redound to greater public interest,
Permittees. - In cases where the violator is not public health and safety;
a permittee or grantee or has no right to use b) That the acts complained of are grossly
the water whatsoever, the Council thru its illegal per se;
deputies or authorized representatives shall c) That the violative act is the second
cause the stoppage of the use of the water offense on record involving the same
either by plugging or sealing of the well if infraction;
the same involves ground water d) That the non-observance of or non-
appropriation or demolition of the dam or compliance with the rules, order or
hydraulic structures if the same involves regulation is willful and deliberate:
surface water, without prejudice to the e) When there is a prima facie showing
institution of a criminal/civil action as the that the non-observance of any standard
facts and circumstances may warrant. for the beneficial use of water or non-
compliance with any of the terms or
Section 83. Violations by Non- conditions in a water permit or water
Owners. - In cases where the violator is not rights grant is prejudicial to the life and
the owner of the well or structure, he shall property of third person;

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Philippine Environmental Laws Water 38

f) When the suspension or revocation


thereof is sought by any an injured
party, provided he files a bond to cover
any damage which maybe sustained by
the permittee or grantee arising from
such summary revocation/suspension;
g) In times of emergency, where there is a
prima facie showing that the use of
water by the permittee/grantee is
wasteful;
h) When health authorities so recommend
to prevent or control the spread of
disease due inadequate facilities;
i) When in a decision of a competent
court the revocation or suspension of
the water permit or grant is ordered or
recommended; and
j) Such other serious offenses or gross
violations and infractions as the Council
may decide.

Section 86. Applicability of the New


Rules of Court and Related Laws. - The
provisions of the New Rules of Court,
Presidential Decree Nos. 77 and 911 on
preliminary investigation shall have
suppletory effect on matters not specifically
covered by this rules.

Section 87. Appeal of Council


Decisions of the Council concerning
policies on the utilization, exploitation.
Development, control, conservation and
protection of water resources may be
appealed to the president.

Section 88. These rules shall take


effect fifteen (15) days after publication in
three (3) newspapers of general circulation.

Unanimously adopted at the 119th meeting


of the National Water Resources Council on
June 11, 1979.

Alfredo L. Juino
Chairman

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