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PRESIDENTIAL DECREE NO. 424
PRESIDENTIAL DECREE NO. 424 -
CREATING A NATIONAL WATER RESOURCES COUNCIL, RECONSTITUTING ITS
MEMBERSHIP, VESTING THE SAME WITH POWERS TO COORDINATE AND INTEGRATE
WATER RESOURCES DEVELOPMENT, AND PROVIDING FUNDS THEREFOR
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WHEREAS,
the social and economic progress of the country is highly dependent on
the proper development, control and utilization of its total water
resources;chanroblesvirtualawlibrary
WHEREAS, as the country progresses and the population increases, there
will develop, as has been experienced, keener competition and conflict
of interests among water users; and chanroblesvirtualawlibrary
WHEREAS, there is an urgent need for a well-integrated and coordinated
planning and prosecution of projects, including an expanded effect in
the continuing task of water resources survey and appraisal, in order
to achieve an orderly and scientific development as well as optimum
utilization and control of our water resources to meet the present and
future water needs of the country;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
order and decree:cralaw:red
Section 1. The Water Resources Committee under
Article XI, Chapter I, Part X of the Integrated Reorganization Plan
shall be renamed National Water Resources Council, hereinafter called
the Council, and attached to the Department of Public Works,
Transportation and Communications (DPWTC).
Section 2. The Council shall have the following
functions, duties, and powers:cralaw:red
A. Regulatory and Executory:cralaw:red
a. Coordinate and integrate, on a sound and logical
basis, water resources development activities of the country within the
context of national plans and policies for social and economic
development;chanroblesvirtualawlibrary
b. Determine, adjudicate, and grant water rights
amending, for this purpose, Act No. 2152, and other laws relating to
the appropriation and utilization of surface ground water;chanroblesvirtualawlibrary
c. Formulate and promulgate:cralaw:red
1) General criteria, methods, and standards for basic
data collection, project investigation, formulation, planning and
design, and feasibility evaluation; and
2) Rules and regulation for the exploitation and
optimum utilization of water resources, including the imposition on
water appropriators of such fees or charges as may be deemed necessary
by the council for water resources development; chanroblesvirtualawlibrary
d. Review and approve water resources development
plans and programs of any agency within the context of the overall
national plans and program;chanroblesvirtualawlibrary
e. Undertake river basin survey, inventory and
appraisal of water and related resources and develop comprehensive
basin-wide of storage and control to maximize the conservation and
multi-purpose use of water in the basin;chanroblesvirtualawlibrary
f. Undertake hydrologic surveys and establish,
operate and maintain observation station networks and a centralized
water resources data center necessary for the scientific survey and
appraisal of surface and ground water potentials of the country; and
g. Conduct and/or promote special studies and
researches with other government or private agencies on all related
aspects of water resources development such as weather modification,
environmental quality, desalination, and the like.
B. Advisory and Recommendatory:cralaw:red
a. Appraise and/or advise the National Economic and
Development Authority (NEDA) on matters pertaining to water resources
development projects and programs;chanroblesvirtualawlibrary
b. Recommend to NEDA the adoption of general policies
and guidelines and short/long range plans and programs for water
resources development.
Section 3. The Council shall be composed of the
following:cralaw:red
Secretary, Department of Public Works,
Transportation and Communications
Chairman
Secretary Department of Agriculture
and Natural Resources, or his
Undersecretary Member
Director General, National Economic &
Development Authority, or his
Deputy Member
Administrator, National Irrigation
Administration Member
General Manager, National Power
Corporation Member
Director, Bureau of Public Works Member
Provided, That the National Economic and Development Authority, in the
exercise of its sound discretion, may increase or decrease the
membership of the Council.
The members of the Council shall receive a reasonable amount of per
diem as the Council may provide for every meeting actually attended by
them. chanroblesvirtualawlibrary
Section 4. The Council shall have a working staff
which shall function under the supervision and control of an Executive
Director, who shall be appointed by the President of the Philippines
upon recommendation of the Council. The Executive Director shall
receive a salary as may be fixed by the Council. Initially, the Water
Resources Survey Division of the Bureau of Public Works, shall be the
working staff of the Council. The appropriate personnel, records,
functions, and applicable appropriations, properties, and facilities of
the Division shall be transferred to the Council within the current
fiscal year. The Council shall fully organized and expand its working
staff, and shall fix the salaries remunerations, including per diems
and allowances of the personnel, subject to existing requirements, but
exempt from WAPCO and Civil Service rules and regulations, insofar as
technical positions are concerned; provided that the personnel shall be
entitled to benefits and privileges normally accorded government
employees, such as retirement, GSIS insurance, leave and similar
matters.
Section 5. In the performance of its functions, the
Council, may request and secure the assistance of any government
agency, office or instrumentality which the Council is hereby
authorized to call upon. Whenever necessary the Council may enter into
contracts for consultancy services.
Section 6. The amount of Ten Million Pesos out of any
available funds from the National Treasury is hereby appropriated and
authorized to be released, for the organization of the Council and its
initial operations, including purchase of hydrologic equipment.
Henceforth, funds sufficient to fully carry out the functions and
objectives of the Council shall be appropriated every fiscal year in
the General Appropriations Act. The budget of the Council shall be in
the form of lump sum appropriations with the Council having sole
authority to determine the details of expenditures; provided that the
Council shall submit to DPWTC a report of disbursement thereof within
45 days after the close of each fiscal year.
Section 7. The Council shall hold its organizational
meeting within forty-five (45) days upon promulgation of this Decree.
Section 8. The functions, monies, and records,
properties, rights and obligations of the Water Resources Committee are
hereby transferred to the Council.
Section 9. All laws, decrees, charters, executive
orders, administrative orders, proclamations, rules and regulations, or
parts thereof in conflict with this Decree are hereby repealed or
modified accordingly.
Section 10. If any provision, provisions, part or
parts of this decree is declared unconstitutional, such declaration
shall not invalidate the other provisions hereof. chanroblesvirtualawlibrary
This Decree shall take effect immediately.
Done in the City of Manila,
this 28th day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
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