THE WATER CODE
A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE LAWS GOVERNING THE
OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT,
AND PROTECTION OF WATER RESOURCES.
XIV, Section 8 of the New Constitution of the Philippines provides, inter
alia, that all waters of the Philippines belong to the State;
water legislations are piecemeal inadequate to cope with increasing
of water and changing patterns of water use;
WHEREAS, there is
a need for a Water Code based on rational concepts of integrated and
management of water resources and sufficiently flexible to adequately
WHEREAS, water is
vital national development and it has become increasingly necessary for
government to intervene actively in improving the management of water
NOW, THEREFORE, I,
FERDINAND, E. MARCOS, President of the Philippines, by virtue of the
in me vested by the Constitution, do hereby orders and decree the
of the water Code of the Philippines of 1776, as follows:chanroblesvirtuallawlibrary
Article 1. This Code
be known as "The Water Code of the Philippines."
Article 2. The objectives
of this Code are:chanroblesvirtuallawlibrary
the basic principles and framework relating to the appropriation,
and conservation of water resources to achieve the optimum development
and rational utilization of these resources;
Art. 3. The underlying
of this code are:chanroblesvirtuallawlibrary
b. To define the
the rights and obligation of water users and owners including the
and regulation of such rights;
c. To adopt a basic
the ownership, appropriation, utilization, exploitation, development,
and protection of water resources and rights to land related thereto;
d. To identify the
agencies which will enforce this Code.
to the State.
Art. 4. Waters, as used
Code, refers to water under the grounds, water above the ground, water
in the atmosphere and the waters of the sea within the territorial
of the Philippines.cralaw.
Art. 5. The following
to the state:chanroblesvirtuallawlibrary
b. All waters that
to the state can not be the subject to acquisitive prescription.
c. The State may
use or development of waters by administration concession.
d. The utilization,
development, conservation and protection of water resources shall be
to the control and regulation of the government through the National
Resources Council, hereinafter referred to as the Council.
e. Preference in
and development of waters shall consider current usages and be
to the changing needs of the country.
Art. 6. The following
found on private lands also belong to the States:chanroblesvirtuallawlibrary
b. Continuous or
waters of springs and brooks running in their natural beds and the beds
c. Natural lakes
d. All other
surface waters such as water flowing over lands, water form rainfall
natural or artificial, and water from agriculture runoff, seepage and
f. subterranean or
intermittent waters rising on such lands;
The owner of the land
the water is found may use the same for domestic purposes without
a permit, provided that such use shall have be registered, when
by the Council. The Council, however, may regulate such use when there
is wastage, or in times of emergency.chanrobles virtualawlibrary
b. Lakes and
waters rising on such lands;
c. Rain water and
on such lands;
d. Subterranean or
e. Waters in swamps
Art. 7. Subject to the provisions
of this Code, any person who captures or collects water by means of
tanks, or pools shall have exclusive control over such water and the
to dispose of the same.
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
beneficially used for the purposes for which it was appropriated.
Art. 9. Waters may be
and used in accordance with the provisions of this Code.chanrobles virtualawlibrary
Appropriation of water, as
used in this Code, is the acquisition of rights over the use of waters
or the taking or diverting of waters from a natural source in the
and for any purpose allowed by law.
Art. 10. Water may be appropriated
for the following purposes:chanroblesvirtuallawlibrary
Use of water for
is the utilization of water for drinking, washing, bathing, cooking or
other household needs, home gardens, and watering or lawns or domestic
d. Power generation;
h. Recreational; and
i. Other purposes;
Use of water for municipal
purposes is the utilization of water for supplying the water
of the community.
Use of water for irrigation
is the utilization of water for producing agricultural crops.
Use of water for power generation
is the utilization of water for producing electrical or mechanical
Use of water for power fisheries
is the utilization of water for the propagation and culture of fish as
a commercial enterprise
Use of water for livestock
raising is the utilization of water for large herds or flocks of
raised as a commercial enterprise.
Use of water for industrial
purposes is the utilization of water in factories, industrial plants
mines, including the use of water as an ingredient of a finished
Use of water for recreational
purposes is the utilization of water for swimming pools, bath houses,
water skiing, golf courses and other similar facilities in resorts and
other places of recreation.
Art. 11. The state, for reasons
of public policy, may declare waters not previously appropriated, in
or in part, exempt from appropriation for any or all purposes and,
such waters may not be appropriated for those purposes.
Art. 12. Waters appropriated
for a particular purpose may be applied for another purpose only upon
approval of the Council and on condition that the new use does not
prejudice the rights of other permittees, or require an increase in the
volume of water.
Art. 13. Except as otherwise
herein provided, no person, including government instrumentalities or
or controlled corporations, shall appropriate water without a water
which shall be evidenced by a document known as a water permit.
Water rights is the privilege
granted by the government to appropriate and use water.
Art. 14. Subject to the provisions
of this Code concerning the control, protection, conservation, and
of the appropriation and use of waters, any person may appropriate or
natural bodies of water without securing a water permit for any of the
of water by means of hand carried receptacles; and
Art. 15. Only citizens
Philippines, of legal age, as well as juridical persons, who are duly
by law to exploit and develop water resources, may apply for water
b. Bathing or
or dipping of domestic or farm animals, and navigation of watercrafts
transportation of logs and other objects by flotation.
Art. 16. Any person who desires
to obtain a water permit shall file an application with the Council who
shall make known said application to the public for any protests.
In determining whether to
grant or deny an application, the Council shall consider the following:
protests filed, if any; prior permits granted; the availability of
the water supply need for beneficial use; possible adverse effects;
economics; and other relevant factors.
Upon approval of an application,
a water permit shall be issued and recorded.
Art. 17. The right to the
use of water is deemed acquired as of the date of filing of the
for a water permit in case of approved permits, or as of the date of
use in a case where no permit is required.
Art. 18. All water permits
granted shall be subject to conditions of beneficial use, adequate
of design and construction, and such other terms and conditions as may
be imposed by the Council.
Such permits shall specify
the maximum amount of water which may be diverted or withdrawn, the
rate diversion or withdrawal, the time or times during the year when
may be diverted or withdrawn, the points or points of diversion or
of wells, the place of use, the purpose for which water may be used and
such other requirements the Council deems desirable.
Art. 19. Water rights may
be lent or transferred in whole or in part to another person with prior
approval of the Council, after due notice and hearing.
Art. 20. The measure and
limit of appropriation of water shall be beneficial use.
Beneficial use of water is
the utilization of water in the right amount during the period that the
water is needed for producing the benefits for which the water is
Art. 21. Standards of beneficial
use shall be prescribed by the council for the appropriator of water
different purposes and conditions, and the use of waters which are
shall be measured and controlled in accordance therewith.
Excepting those for domestic
use, every appropriator of water shall maintain water control and
devices, and keep records or water withdrawal. When required by the
all appropriators of water shall furnish information on water use.
Art. 22. Between two or more
appropriation of water from the same sources of supply, priority in
of appropriation shall give the better right, except that in times of
the use of water for domestic and municipal purposes shall have a
fight over all other uses; Provided, That where water shortage is
and the appropriator for municipal use has a lower priority in time of
appropriation, them it shall be his duty to find an alternative source
of supply in accordance with conditions prescribed by the Council.
Art. 23. Priorities may be
altered on grounds of greater beneficial use, multi-purpose use, and
similar grounds after due notice and hearing, subject to payment of
is proper cases.
Art. 24. A water right shall
be exercised in such a manner that rights of third persons or of other
appropriators are not prejudiced thereby.
Art. 25. A holder of a water
permit may demand the establishment of easements necessary for the
and maintenance of the works and facilities needed for the beneficial
of the waters to be appropriated subject to the requirements of just
and to the following conditions:chanroblesvirtuallawlibrary
a. That he
owner, lessee, mortgage or one having real right over the land upon
he purposes to use water; and
Easement relating to the
and use of waters may be modified be agreement of the contracting
provided the same is not contrary to law or prejudicial to third
b. That the
is the most convenient and the least onerous to the servient estate.
Art. 26. Where water shortage
is recurrent, the use of the water pursuant to a permit may, in the
of equitable distribution of benefits among legal appropriators, be
after due notice and hearing.
Art. 27. Water users shall
bear the diminution of any water supply due to natural causes or force
Art. 28. Water permits shall
continue to be valid as long as water is beneficially used; however, it
maybe suspended on the grounds of non-compliance with approved plans
specifications or schedules of water distribution; use of water for a
other than that for which it was granted; non-payment of water charges,
wastage; failure to keep records of water diversion, when required; and
violation of any term or condition of any permit or of rules and
promulgated by the Council.
Temporary permits may be
issued for the appropriation and use of water for short periods under
Art. 29. Water permits may
be revoked after due notice and hearing on grounds of non-use; gross
of the conditions imposed in the permit; unauthorized sale of water;
failure or refusal to comply with rules and regulations or any lawful
pollution, public nuisance or acts detrimental to public health and
when the appropriator is found to be disqualified under the law to
and develop natural resources of the Philippines; when, in the case of
irrigation, the land is converted to non-agricultural purposes; and
Art. 30. All water permits
are subject to modification or cancellation by the Council, after due
and hearing, in favor of a project of greater beneficial use or for
development, and a water permittee who suffers thereby shall be duly
by the entity or person in whose favor the cancellation was made.
Art. 31. Preference in
development of water resources shall consider security of the State,
use, beneficial effects, adverse effects and cost of development.chanrobles virtualawlibrary
Art. 32. The utilization
of subterranean or ground water shall be coordinated with that of
waters such as rivers, streams, springs and lakes, so that a superior
in one is not adversely affected by an inferior right in the other.
For this purpose, the Council
shall promulgate rules and regulations and declare the existence of
areas for the coordinated development, protection, and utilization of
or ground water and surface waters.
Control area is an area of
land where subterranean or ground water and surface water are so
that withdrawal and use in one similarly affects the other. The
of a control area may be altered from time to time, as circumstances
Art. 33. Water contained
in open canals, aqueducts or reservoirs of private persons may be used
by any person for domestic purpose or for watering plants as long as
water withdrawn by manual methods without checking the stream or
the canal, aqueduct or reservoir; Provided, That this right may be
by the owner should it result in loss or injury to him.
Art. 34. A water permittee
or appropriator may use any watercourse to convey water to another
in the watercourse for the purpose stated in a permit and such water
be diverted or recaptured at that point by said permittee in the same
less allowance for normal losses in transit
Art. 35. Works for the storage,
diversion, distribution and utilization of water resources shall
adequate provision for the prevention and control of diseases that may
be induced or spread by such works when required by the Council.
Art. 36. When the reuse of
waste water is feasible, it shall limited as much as possible to such
other than direction human consumption. No person or agency shall
such water for public consumption until it is demonstrated that such
will not adversely affect the health and safety of the public.
Art. 37. In the construction
and operation of hydraulic works, due consideration shall be given to
preservation of scenic places and historical relics and in addition to
the provisions of existing laws, no works that would required the
or removal of such places or relics shall be undertaken without showing
that the destruction or removal is necessary and unavoidable.
Art. 38. Authority for the
construction of dams, bridges and other structures across of which may
interfere with the flow of navigable or floatable waterways shall first
be secured from the Department of Public Works, Transportation and
Art. 39. Except in cases
of emergency to save life or property, the construction or repair of
following works shall be undertaken only after the plans and
therefore, as may be required by the Council, are approved by the
government agency; dams for the diversion or storage of water;
for the use of water power; installations for the utilization of
or ground water and other structures for utilization of water resources.
Art 40. No excavation for
the purpose of emission of a hot spring or for the enlargement of the
opening thereof shall be made without prior permit.
Any person or agency who
intends to develop a hot spring for human consumption must first obtain
a permit from the Department of Health.
Art. 41. No person shall
develop a stream, lake, or spring for recreational purposes without
securing a permit from the council.
Art. 42. Unless otherwise
ordered by the President of the Philippines and only in times of
calamity or emergency, no person shall induce or restrain rainfall by
method such as cloud seeding without a permit from the proper
Art. 43. No person shall
raise or lower the water level of a river, stream, lake, lagoon or
nor drain the same without a permit.
Art. 44. Drainage systems
shall be so constructed that their outlets are rivers, lakes, the sea,
natural bodies of water, such other water course as any be approved by
the proper government agency.
Art. 45. When a drainage
channel is constructed by a number of persons for their common benefit,
cost of construction and maintenance of the channel be borne by each in
proportion to the benefits derived.
Art. 46. When artificial
means are employed to drain water from higher to lower land, the owner
of the higher land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands, subject to the
of just compensation.
Art. 47. When the use, conveyance
or storage of water results in damage to another, the person
for the damage shall pay compensation.
Art. 48. When a water resources
project interferes with the access of landowner to a portion of his
or with the conveyance of irrigation or drainage water, the person or
constructing the project shall bear the cost of construction and
of the bridges, flumes and other structures necessary for maintaining
irrigation, or drainage in addition to paying compensation for land and
Art. 49. Any person having
an easement for an aqueduct may enter upon the servient land for the
of cleaning, repairing or replacing the aqueduct or the removal of
Art. 50. Lower estates are
obliged to receive the waters which naturally and without the
of man flow from the higher estates, as well as the stones or earth
they carry with them.
The owner of the lower estate
can not construct works which will impede this natural flow, unless he
provides an alternative method of drainage; neither can the owner of
higher estate make works which will increase this natural flow.
Act. 51. The banks or rivers
and streams and the shores of the seas and lakes throughout their
length and within a zone of three (3) meters in urban areas, twenty
meters in agricultural areas and forty (40) meters in forest areas,
their margins, are subject to the easement of public use in the
of recreation, navigation, flotage, fishing and salvage. No person
be allowed to stay in this zone longer than what is necessary for
navigation, flotage, fishing or salvage or to build structures of any
Art. 52. The establishment,
extent, from, and conditions of easement of water not expressly
by the provisions of this Code shall governed by the provisions of the
CONTROL OF WATERS
Art. 53. To promote the
best interest and the coordinated protection of flood plain lands, the
Secretary of Public Works, Transportation and Communications may
flood control areas and promulgate guidelines for governing flood plain
management plans in these areas.chanrobles virtualawlibrary
Art. 54. In declare flood
control areas, rules and regulations may be promulgate to prohibit or
activities that may damage or cause deterioration of lakes and dikes,
the flow of water, change the natural flow of the river, increase flood
losses or aggravate flood problems.
Art. 55. The government may
construction necessary flood control structures in declared flood
areas, and for this purpose it shall have a legal easement as wide as
be needed along and adjacent to the river bank and outside the bed or
of the river.
Art. 56. River beds, sand
bars and tidal flats may not be cultivated except upon prior permission
from the Secretary of the Department of Public works, Transportation
Communication and such permission shall not be granted where such
obstructs the flow of water or increase flood levels so as to cause
to other areas.
Art. 57. Any person may erect
levees or revetments to protect his property from flood, encroachment
the river or change in the course of the river, provided that such
does not cause damage to the property of another.
Art. 58. When a river or
stream suddenly changes its course to traverse private lands, the
or the affected lands may not compel the government to restore the
to its former bed; nor can they restrain the government from taking
to revert the river or stream to its former course. The owners of the
thus affected are not entitled to compensation for any damage sustained
thereby. However, the former owners of the new bed shall be the owners
of the abandoned bed proportion to the area lost by each.
The owners of the affected
lands may undertake to return the river or stream to its old bed at
own expense; Provided, That a permit therefore is secured from the
of Public Works, Transportation and Communication and work pertaining
are commenced within two years from the changes in the course of the
Art. 59. Rivers, lakes and
lagoons may, upon the recommendation of the Philippines Coast Guard, be
declared navigable either in whole or in part.
Art. 60. The rafting of logs
and other objects on rivers and lakes which are floatable may be
or prohibited during designated season of the year with due regard to
needs of irrigation and domestic water supply and other uses of water.
Art. 61. The impounding of
water in ponds or reservoirs may be prohibited by the Council upon
with the Department of Health if it is dangerous to public health, or
may order that such pond or reservoirs be drained if such is necessary
for the protection of public health.
Art. 62. Waters of a stream
may be stored in a reservoir by a permittee in such amount as will not
prejudices the right of any permittee downstream. Whoever operates the
reservoir shall, when required, release water for minimum stream flow.
All reservoir operations
shall be subject to rules and regulations issued by the Council or any
proper government agency.
Art. 63. The operator of
a dam for the storage of water may be required to employ an engineer
qualifications prescribed for the proper operations, maintenance and
of the dam.
Art. 64. The Council shall
approve the manner, location, depth, and spacing in which borings for
or ground water may be made, determine the requirements for the
of every boring or alteration to existing borings as well as other
measures for the exploitation of subterranean or ground water
and in coordination with the Professional Regulation Commission
the qualifications of those who would drill such borings.
No person shall drill a well
without prior permission from the Council.
Art. 65. Water from one river
basin may be transferred to another river basin only with approval of
Council. In considering any request for such transfer, the Council
take into account the full costs of the transfer, the benefits that
accrue to the basin of origin without the transfer, the benefits would
accrue to the receiving basin on account of the transfer, alternative
for supplying water to the receiving basin, and other relevant favors.
OF WATERS AND
Art. 66. After due
and hearing when warranted by circumstances, minimum stream flows for
and streams and minimum water levels for lakes may be established by
Council under such conditions as may be necessary for the protection of
the environment, control of pollution, navigation, prevention of salt
and general public use.chanrobles virtualawlibrary
Art. 67. Any watershed or
any area of land adjacent to any surface water or overlying any ground
water may be declared by the Department of Natural Resources (DENR) as
a protected area. Rules and regulations may be promulgated by such
to prohibit or control such activities by the owners or occupants
within the protected area which may damage or cause the deterioration
the surface water or ground water or interfere with the investigation,
use, control, protection, management or administration of such waters.
Art. 68. It shall be the
duty of any person in control of a well to prevent the water from
on the surface of the land, or into any surface water, or any porous
underneath the surface without being beneficially used.
Art. 69. It shall be the
duty of any person in control of a well containing water with minerals
or other substances injurious to man, animals, agriculture, and
to prevent such waters from flowing on the surface of the land or into
any surface water or into any other aquifer or porous stratum.
Art. 70. No person shall
utilize an existing well or pond or spread waters for recharging
or ground water supplies without prior permission of the Council.
Art. 71. To promote better
water conservation and usage for irrigation purposes, the merger of
associations and the appropriation of waters by associations instead of
by individuals shall be encouraged.
No water permit shall be
granted to an individual when his water requirement can be supplied
an irrigation association.
Art. 72. In the consideration
of a proposed water resource project, due regard shall be given to
changes resulting from the construction of the project in order to
the needs of development and the protection of the environment.
Art. 73. The conservation
of fish ad wild life shall receive proper consideration ad shall be
with other features of water resources development programs to insure
fish and wildlife values receive equal attention with other project
Art. 74. Swamps and marshes
which are owned by the State and which have a primary value for
propagation or other wildlife purposes may be reserved and protected
drainage operations and development.
Art. 75. No person shall,
without prior permission from the National Pollution Control
build any works that may produce dangerous or noxious substance or
any act which may result in the introduction of sewage, industrial
or any pollutant into any source of water supply.
Water pollution is the impairment
of the quality of water beyond a certain standard. This standard may
according to the use of the water and shall be set by the National
Art. 76. The establishment
of cemeteries and waste disposal areas that may affect the source of a
water supply or a reservoir for domestic or municipal use shall be
to the rules and regulations promulgated by the Department or Health.
Art. 77. Tailings from mining
operations and sediments from placer mining shall not be dumped into
and waterways without prior permission from the Council upon
be the National Pollution Control Commission.
Art. 78. The application
of agriculture fertilizers and pesticides may be prohibited or
by the National Pollution Control Commission in areas where such
may cause pollution of a source of water supply.
Art. 79. The
and enforcement of the provisions of this Code, including the granting
of permits and the imposition of penalties for administrative
hereof, are hereby vested in the council, and except in regard to those
functions which under this Code are specifically conferred upon other
of the government, the Council is hereby empowered to make all
and determinations provided for in this Code.chanrobles virtualawlibrary
Art. 80. The Council may
deputize any official or agency of the government to perform any of its
specific functions or activities.
Art. 81. The Council shall
provide a continuing program for data collection, research and manpower
development need for the appropriation, utilization, exploitation,
and protection of the water resources of the country.
Art. 82. In the implementation
of the provisions of this Code, the Council shall promulgate the
rules and regulations which may provide for penalties consisting of a
not exceeding One thousand Pesos (P1,000.00) and/or suspension or
of the water permit or other right to the use of water. Violations of
rules and regulations may be administratively dealt with by the Council.
Such rules and regulations
shall take effect fifteen (15) days after publication in newspapers of
Rules and regulations prescribed
by any government agency that pertain to the utilization, exploitation,
development, control, conservation, or protection of water resources
if the council so requires, be subject to its approval.
Art. 83. The Council is hereby
authorized to impose and collect reasonable fees or charges for water
development from water appropriators, except when it is for purely
Art. 84. The Council and
other agencies authorized to enforce this Code are empowered to enter
private lands, with previous notice to the owner, for the purpose of
surveys and hydrologic investigations, and to perform such other acts
are necessary in carrying out their functions including the power to
the right of eminent domain.
Art. 85. No program or project
involving the appropriation, utilization, exploitation, development,
conservation, or protection of water resources may be undertaken
prior approval of the Council, except those which the council may, in
The Council may require consultation
with the public prior to the implementation of certain water resources
Art. 86. When plans and specifications
of a hydraulic structure are submitted for approval, the government
whose functions embrace the type of project for which the structure is
intended, shall review the plans and specifications and recommend to
Council proper action thereon and the latter shall approve the same
when they are in conformity with the requirements of this Code and the
rules and regulations promulgated by the Council. Notwithstanding such
approval, neither the engineer who drew up the plans and specifications
of the hydraulic structure, nor the constructor who built it, shall be
relieved of his liability for damages in case of failure thereof by
of defect in plans and specifications, or failure due to defect in plan
construction, within ten (10) years from the completion of the
Any action recover such damages
must be brought within five (5) years following such failure.
Art. 87. The Council or its
duly authorized representatives, in the exercise of its power to
and decide cases brought to its cognizance, shall have the power to
oaths, compel the attendance of witnesses be subpoena duces tecum.
Non-compliance or violation
of such orders or subpoena and subpoena duces tecum
be punished in the same manner as indirect contempt of an inferior
upon application by the aggrieved party with the proper Court of First
Instance in accordance with the provisions of Rule 71 of the Rules of
Art. 88. The Council shall
have original jurisdiction over all disputes relating to appropriation,
utilization, exploitation, development, control, conservation and
of waters within the meaning and context of the provisions of this Code.
The decisions of the Council
on water rights controversies shall be immediately executory and the
thereof may be suspended only then a bond, in a amount fixed by the
to answer for damages occasioned by the suspension or stay of
shall have been filed by the appealing party, unless the suspension is
by virtue of an order of a competent court.
All dispute shall be decide
within sixty (60) days after the parties submit the same for decision
The Council shall have the
power to issue writs of execution and enforce its decisions with the
of local or national police agencies.
Art. 89. The decisions of
the Council on water rights controversies may be appealed to the court
of first Instance of the province where the subject matter of the
is situated within fifteen (15) days from the date the party appealing
receives a copy of the decision, of any of the following grounds: (1)
abuse of discretion; (2) question of law; (3) questions of fact and law.
Art. 90. The following
shall be penalized by suspension or revocation of the violator's water
permit or other right to the use of water and/or a fine of not
One thousand Pesos (P1,000.00), in the discretion of the Council :chanroblesvirtuallawlibrary
of subterranean or ground water for domestic use by an overlying
without registration required by the Council;
Art. 91. A. A fine of
Three Thousand Pesos (P3,000.00) or imprisonment for not more that
(3) years, or both such fine and imprisonment, in the discretion of the
Court, shall be imposed upon any person who commits any of the
standard of beneficial use of water.
c. Failure of the
to keep a record of water withdrawal when required.
d. Failure to
any of the terms or conditions in a water permit or a water rights
e. Unauthorized use
for a purpose other than that for which a right or permit was granted.
f. Construction or
of any hydraulic work or structure without duly approved plans and
g. Failure to
install a regulating
and measuring device for the control volume of water appropriated, when
or transfer of water and/or water rights.
i. Failure to
facilities to prevent or control diseases when required by the Council
in the construction of any work for the storage, diversion,
and utilization of water.
j. Drilling of a
permission of the Council.
k. Utilization of
well or ponding or spreading of water for recharging subterranean or
water supplies without permission of the Council.
l. Violation of or
with any order, rules and regulation of the Council.
m. Illegal taking
of water in an open canal, aqueduct or reservoir.
of hydraulic works or structures valued at not exceeding P5,000.00.
of water without a water permit, unless such person is expressly
from securing a permit by the provisions of this code;
B. A fine exceeding
Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or
exceeding three years (3) years but not more than (6) years or both
fine and imprisonment in the discretion of the Court, shall be imposed
on any person who commits any of the following acts:chanroblesvirtuallawlibrary
of an irrigation canal.
3. Cultivation of
sand bar or tidal flat without permission.
of hydraulic works or structure valued at not exceeding Twenty-Five
for public consumption of water which adversely affects the health and
safety of the public.
C. A fine exceeding Six
Pesos (P6,000.00) but not more than ten Thousand Pesos (P10,000.00) or
imprisonment exceeding six (6) years but not more than twelve (12)
or both such fine and imprisonment, in the discretion of the Court,
be imposed upon any person who commits any of the following acts:chanroblesvirtuallawlibrary
2. Excavation or
of the opening of a hot spring without permission.
of a river or waterway, or occupancy of a river bank or seashore
4. Establishment of
or a waste disposal area near a source of water supply or reservoir for
domestic or municipal use without permission.
prior permission of the government agency concerned, works that produce
dangerous or noxious substances, or performing acts that result in the
introduction of sewage, industrial waste, or any substance that
a source of water supply.
6. Dumping mine
and sediments into rivers or waterways without permission.
of hydraulic works or structure valued more than Twenty-five Thousand
but not exceeding One Hundred Thousand Pesos (P100,000.00)
of citizenship in order to qualify for water permit.
Art. 92. If the offense
by a corporation, trust, firm, partnership, association or any other
person, the penalty shall be imposed upon the President, General
and other guilty officer or officers of such corporation, trust, firm,
partnership, association or entity, without prejudice to the filing of
a civil action against said juridical person. If the offender is an
he shall be deported after serving his sentence, without further
of a hydraulic works or structure, valued at more than One Hundred
After final judgment of conviction,
the Court upon petition of the prosecution attorney in the same
and after due hearing, may when the public interest so requires, order
the suspension of or dissolution of such corporation, trust, firm,
association or juridical person.
Art. 93. All actions for
offenses punishable under Article 91 of this code shall be brought
the proper court.
Art. 94. Actions for offenses
punishable under this Code by a fine of not more than Three Thousand
or by an imprisonment of not more than three (3) years, or both such
and imprisonment, shall prescribed in five (5) years; those punishable
by a fine exceeding Three Thousand Pesos ( 3,000.00) but not more than
six thousand Pesos (P6,000.00) or imprisonment exceeding three (3)
but not more than six years (6) years or both such fine and
shall prescribe in seven (7) years; and those punishable by a fine
Six Thousand Pesos (P6,000.00) but not more than Ten Thousand Pesos
or an imprisonment exceeding Six (6) years but not more than Twelve
years, or both such fine and imprisonment, shall prescribe in ten (10)
Art. 95. Within two (2)
years from the promulgation of this code, all claims for a right to use
water existing on or before December 31, 1974 shall be registered with
the council which shall be confirm said rights in accordance with the
of this Code, and shall set their respective priorities.chanrobles virtualawlibrary
When priority in time of
appropriation from a certain source of supply cannot be determined, the
order of preference in the use of the waters shall be as follows :chanroblesvirtuallawlibrary
Any claim not registered
said period shall be considered waived and the use of the water deemed
abandoned, and the water shall thereupon be available for disposition
unappropriated waters in accordance with the provisions of this code.chanrobles virtualawlibrary
c. Power generation;
f. Industrial use;
g. Other uses.
Art. 96. No vested or acquired
right to the use of water can arise from acts or omissions which are
the law or which infringe upon the rights of others.
Art. 97. Acts and contracts
under the regime of old laws, if they are valid in accordance
shall be respected, subject to the limitations established in this
Any modification or extension of these acts and contracts after the
of this code, shall be subject to the provisions hereof.
Art. 98. Interim rules and
regulations promulgated by the Council shall continue to have binding
and effect, when not in conflict with the provisions of this Code.
Art. 99. If any provision
or part of this Code, or the application thereof to any person or
is declared unconstitutional or invalid for any reason, the other
of parts therein shall not be affected.
Art. 100. The following laws,
parts and/or provisions of laws are hereby repealed:chanroblesvirtuallawlibrary
of the Spanish law of waters of August 3, 1866, the Civil Code of Spain
of 1889 and the Civil Code of the Philippines (R. A. 386) on ownership
of waters, easement relating to waters, use of public waters which are
inconsistent with the provision of the Code;
Art. 101. This Code
effect upon its promulgation.chanrobles virtualawlibrary
b. The provisions
of R. A.
6395, otherwise known as the Revised Charter of the National Power
particularly section 3, paragraph (f), and section 12, so far as they
to the appropriation of waters and the grant thereof;
c. The provisions
No. 2152 as amended, otherwise know as the Irrigation Act, section 3,
(k) and (m) of P.D. No. 813, R. A. 2056; Section 90, C. A. 137; and
d. All Decrees,
parts of Acts, Rules of Court, executive orders, and administrative
which are contrary to or inconsistent with the provisions of this Code.
Done in the City of Manila,
this 31st day of December, Nineteen Hundred and Seventy-Six.
President of the
By the President:chanroblesvirtuallawlibrary
JACOBO C. CLAVE