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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1067
PRESIDENTIAL DECREE NO. 1067 - A
DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE
LAWS GOVERNING THE OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION,
DEVELOPMENT, CONSERVATION AND PROTECTION OF WATER RESOURCES
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chanroblesvirtualawlibrary
WHEREAS,
Article XIV, Section 8 of the New Constitution of the Philippines
provides, inter alia, that all waters of the Philippines belong to the
State; chanroblesvirtualawlibrary
WHEREAS, existing water legislations are piece-meal and inadequate to
cope with increasing scarcity of water and changing patterns of water
use;chanroblesvirtualawlibrary
WHEREAS, there is a need for a Water Code based on rational concepts or
integrated and multipurpose management of water resources and
sufficiently flexible to adequately meet future developments;chanroblesvirtualawlibrary
WHEREAS, water is vital to national development and it has become
increasingly necessary for government to intervene actively in
improving the management of water resources;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and decree the enactment of the water Code of the Philippines of
1976, as follows:cralaw:red
CHAPTER I
DECLARATION OF OBJECTIVES AND PRINCIPLES
ARTICLE 1. This Code shall be known as The Water
Code of the Philippines.
ARTICLE 2. The objectives of this Code are:cralaw:red
a. To establish the basic principles and framework
relating to the appropriation, control and conservation of water
resources to achieve the optimum development and rational utilization
of these resources;chanroblesvirtualawlibrary
b. To define the extent of the rights and
obligations of water users and owners including the protection and
regulation of such rights;chanroblesvirtualawlibrary
c. To adopt a basic law governing the ownership,
appropriation, utilization, exploitation, development, conservation and
protection of water resources and rights to land related thereto; and
d. To identify the administrative agencies which
will enforce this Code.
ARTICLE 3. The underlying principles of this code
are:cralaw:red
a. All waters belong to the State.
b. All waters that belong to the State can not be
the subject to acquisitive prescription.
c. The State may allow the use or development of
waters by administrative concession.
d. The utilization, exploitation, development,
conservation and protection of water resources shall be subject to the
control and regulation of the government through the National Water
Resources Council, hereinafter referred to as the Council.
e. Preference in the use and development of waters
shall consider current usages and be responsive to the changing needs
of the country.
ARTICLE 4. Waters, as used in this Code, refers to
water under the grounds, water above the ground, water in the
atmosphere and the waters of the sea within the territorial
jurisdiction of the Philippines. chanroblesvirtualawlibrary
CHAPTER II
OWNERSHIP OF WATERS
ARTICLE 5. The following belong to the State:cralaw:red
a. Rivers and their natural beds;chanroblesvirtualawlibrary
b. Continuous or intermittent waters of springs and
brooks running in their natural beds and the beds themselves;chanroblesvirtualawlibrary
c. Natural lakes and lagoons;chanroblesvirtualawlibrary
d. All other categories of surface waters such as
water flowing over lands, water from rainfall whether natural, or
artificial, and water from agriculture runoff, seepage and drainage;chanroblesvirtualawlibrary
e. Atmospheric water;chanroblesvirtualawlibrary
f. Subterranean or ground waters; and,
g. Seawater.
ARTICLE 6. The following waters found on private
lands belong to the State:cralaw:red
a. Continuous or intermittent waters rising on such
lands;chanroblesvirtualawlibrary
b. Lakes and lagoons naturally occurring on such
lands;chanroblesvirtualawlibrary
c. Rain water falling on such lands; chanroblesvirtualawlibrary
c. Subterranean or ground waters; and
e. Water in swamps and marshes.
The owner of the land where the water is found may use the same for
domestic purposes without securing a permit, provided that such use
shall be registered, when required by the Council. The Council,
however, may regulate such when there is wastage, or in times of
emergency.
ARTICLE 7. Subject to the provisions of this Code,
any person who captures or collects water by means of cisterns, tanks,
or pools shall have exclusive control over such water and the right to
dispose of the same.
ARTICLE 8. Water legally appropriated shall be
subject to the control of the appropriator from the moment it reaches
the appropriator's canal or aqueduct leading to the place where the
water will be used or stored and, thereafter, so long as it is being
beneficially used for the purposes for which it was appropriated.
CHAPTER III
APPROPRIATION OF WATERS
ARTICLE 9. Waters may be appropriated and used in
accordance with the provisions of this Code.
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 manner and for any purpose allowed by law.
ARTICLE 10. Water may be appropriated for the
following purposes:cralaw:red
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational, and
i. Other purposes
Use of water for domestic purposes is the utilization of water for
drinking, washing, bathing, cooking or other household needs, home
gardens, and watering of lawns or domestic animals.
Use of water for municipal purposes is the utilization of water for
supplying the water requirements 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 power.
Use of water for 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 animals raised as a commercial
enterprise. chanroblesvirtualawlibrary
Use of water for industrial purposes is the utilization of water in
factories, industrial plants and mines, including the use of water as
an ingredient of a finished product.
Use of water for recreational purposes is the utilization of water for
swimming pools, bath houses, boating, water skiing, golf courses and
other similar facilities in resorts and other places of recreation.
ARTICLE 11. The State, for reasons of public policy,
may declare waters not previously appropriated, in whole or in part,
exempt from appropriation for any or all purposes and, thereupon, such
waters may not be appropriated for those purposes.
ARTICLE 12. Waters appropriated for a particular
purpose may be applied for another purpose only upon prior approval of
the Council and on condition that the new use does not unduly prejudice
the rights of other permittees, or require an increase in the volume of
water.
ARTICLE 13. Except as otherwise herein provided, no
person, including government instrumentalities or government-owned or
controlled corporations, shall appropriate water without a water right,
which shall be evidenced by a document known as a water permit.
Water right is the privilege granted by the government to appropriate
and use water.
ARTICLE 14. Subject to the provisions of this Code
concerning the control, protection, conservation, and regulation of the
appropriation and use of waters, any person may appropriate or use
natural bodies of water without securing a water permit for any of the
following: chanroblesvirtualawlibrary
a. Appropriation of water by means of handcarried
receptacles; and
b. Bathing or washing, watering or dipping of
domestic or farm animals, and navigation of watercrafts or
transportation of logs and other objects by flotation.
ARTICLE 15. Only citizens of the Philippines, of
legal age, as well as juridical persons, who are duly qualified by law
to exploit and develop water resources, may apply for water permits.
ARTICLE 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 water; the water supply needed for
beneficial use; possible adverse effects; land-use economics; and other
relevant factors.
Upon approval of an application, a water permit shall be issued and
recorded.
ARTICLE 17. The right to the use of water is deemed
acquired as of the date of filing of the application for a water permit
in case of approved permits, or as of the date of actual use in a case
where no permit is required.
ARTICLE 18. All water permits granted shall be
subject to conditions of beneficial use, adequate standards 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 maximum rate of diversion or withdrawal, the
time or times during the year when water may be diverted or withdrawn,
the points or points of diversion or location of wells, the place of
use, the purposes of which water may be used and such other
requirements the Council deems desirable.
ARTICLE 19. Water rights may be leaded or
transferred in whole or in part to another person with prior approval
of the Council, after due notice and hearing.
ARTICLE 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 appropriated.
ARTICLE 21. Standards of beneficial use shall be
prescribed by the council for the appropriator of water for different
purposes and conditions, and the use of waters which are appropriated
shall be measured and controlled in accordance therewith.
Excepting for domestic use, every appropriator of water shall maintain
water control and measuring devices, and keep records of water
withdrawal. When required by the Council, all appropriators of water
shall furnish information on water use.
ARTICLE 22. Between two or more appropriators of
water from the same sources of supply, priority in time of
appropriation shall give the better right, except that in times of
emergency the use of water for domestic and municipal purposes shall
have a better right over all other uses; Provided, the where water
shortage is recurrent and the appropriator for municipal use has a
lower priority in time of appropriation, then it shall be his duty to
find an alternative source of supply in accordance with conditions
prescribed by the Council. chanroblesvirtualawlibrary
ARTICLE 23. Priorities may be altered on grounds of
greater beneficial use, multi-purpose use, and other similar grounds
after due notice and hearing, subject to payment of compensation is
proper cases.
ARTICLE 24. A water right shall be exercised in such
a manner that the rights of third persons or of other appropriators are
not prejudiced thereby.
ARTICLE 25. A holder of water permit may demand the
establishment of easements necessary for the construction and
maintenance of the works and facilities needed for the beneficial use
of the waters to be appropriated subject to the requirements of just
compensation and to the following conditions:cralaw:red
a. That he is the owner, lessee, mortgagee or one
having real right over the land upon which he proposes to use water; and
b. That the proposed easement is the most convenient
and the least onerous to the servient estate.
Easements relating to the appropriation and use of waters may be
modified by agreement of the contracting parties provided the same is
not contrary to law or prejudicial to third persons.
ARTICLE 26. Where water shortage is recurrent, the
use of the water pursuant to a permit may, in the interest of equitable
distribution of the benefits among legal appropriators, reduce after
due notice and hearing.
ARTICLE 27. Water users shall bear the diminution of
any water supply due to natural causes or force majeure.
ARTICLE 28. Water permits shall continue to be valid
as long as water is beneficially used; however, it may be suspended on
the grounds of non-compliance with approved plans and specifications or
schedules of water distribution; use of water for a purpose 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 rules and
regulations promulgated by the Council.
Temporary permits may be issued for the appropriation and use of water
for short periods under special circumstances.
ARTICLE 29. Water permits may be revoked after due
notice and hearing on grounds of non-use; gross violation of the
conditions imposed in the permit; unauthorized sale of water; willful
failure or refusal to comply with rules and regulations of any lawful
order; pollution, public nuisance or acts detrimental to public health
and safety; when the appropriator is found to be disqualified under the
law to exploit and develop natural resources of the Philippines; when,
in the case, of irrigation, the land is converted to non-agricultural
purposes; and other similar grounds.
ARTICLE 30. All water permits are subject to
modification or cancellation by the council, after due notice and
hearing, in favor of a project of greater beneficial use or for
multi-purpose development, and a water permittee who suffers thereby
shall be duly compensated by the entity or person in whose favor the
cancellation was made.
CHAPTER IV
UTILIZATION OF WATERS
ARTICLE 31. Preference in the development of water
resources shall consider security of the State, multiple use,
beneficial effects, adverse effects and costs of development.
ARTICLE 32. The utilization of subterranean or ground
water shall be coordinated with that of surface waters such as rivers,
streams, springs and lakes, so that a superior right in one 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 control areas for the coordinated development,
protection, and utilization of subterranean or ground water and surface
waters.
Control area is an area of land where subterranean or ground water and
surface water are so interrelated that withdrawal and use in one
similarly affects the other. The boundary of a control area may be
altered from time to time, as circumstances warrant. chanroblesvirtualawlibrary
ARTICLE 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 the water is withdrawn by
manual methods without checking the stream or damaging the canal,
aqueduct or reservoir; Provided, That this right may be restricted by
the owner should it result in loss or injury to him.
ARTICLE 34. A water permittee or appropriator may use
any watercourse to convey water to another point in the watercourse for
the purpose stated in a permit and such water may be diverted or
recaptured at that point by said permittee in the same amount less
allowance for normal losses in transit.
ARTICLE 35. Works for the storage, diversion,
distribution and utilization of water resources shall contain adequate
provision for the prevention and control of diseases that may be
induced or spread by such works when required by the Council.
ARTICLE 36. When the reuse of waste water is
feasible, it shall be limited as much as possible, to such uses other
than direct human consumption. No person or agency shall distribute
such water for public consumption until it is demonstrated that such
consumption will not adversely affect the health and safety of the
public.
ARTICLE 37. In the construction and operation of
hydraulic works, due consideration shall be given to the preservation
of scenic places and historical relics and, in addition to the
provisions of existing laws, no works that would required the
destruction or removal of such places or relics shall be undertaken
without showing that the distribution or removal is necessary and
unavoidable.
ARTICLE 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
Communications. chanroblesvirtualawlibrary
ARTICLE 39. Except in cases of emergency to save life
or property, the construction or repair of the following works shall be
undertaken only after the plans and specifications therefor, as may be
required by the Council, are approved by the proper government agency;
dams for the diversion or storage of water; structures for the use of
water power, installations for the utilization of subterranean or
ground water and other structures for utilization of water resources.
ARTICLE 40. No excavation for the purpose of emission
of a hot spring or for the enlargement of the existing 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.
ARTICLE 41. No person shall develop a stream, lake,
or spring for recreational purposes without first securing a permit
from the Council.
ARTICLE 42. Unless-otherwise ordered by the President
of the Philippines and only in time of national calamity or emergency,
no person shall induce or restrain rainfall by any method such as cloud
seeding without a permit from the proper government emergency.
ARTICLE 43. No person shall raise or lower the water
level of a river stream, lake, lagoon, or marsh nor drain the same
without a permit.
ARTICLE 44. Drainage systems shall be so constructed
that their outlets are rivers, lakes, the sea, natural bodies of water,
or such other water course as may be approved by the proper government
agency. chanroblesvirtualawlibrary
ARTICLE 45. When a drainage channel is constructed by
a number of persons for their common benefit, the cost of construction
and maintenance of the channel shall be borne by each in proportion to
the benefits derived.
ARTICLE 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 requirements of just
compensation.
ARTICLE 47. When the use, conveyance or storage of
waters results in damage to another, the person responsible for the
damage shall pay compensation.
ARTICLE 48. When a water resources project interferes
with the access of landowner to a portion of his property or with the
conveyance of irrigation or drainage water, the person or agency
constructing the project shall bear the cost of construction and
maintenance of the bridges, flumes and other structures necessary for
maintaining access, irrigation, or drainage, in addition to paying
compensation for land and incidental damages.
ARTICLE 49. Any person having an easement for an
aqueduct may enter upon the servient land for the purpose of cleaning,
repairing or replacing the aqueduct or the removal of obstructions
therefrom.
ARTICLE 50. Lower estates are obliged to receive the
waters which naturally and without the intervention of man flow from
the higher estate, as well as the stone or earth which 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 the higher estate make works which
will increase this natural flow.
ARTICLE 51. The banks of rivers and streams and the
shores of the seas and lakes throughout their entire length and within
a zone of three (3) meters in urban areas, twenty (20) meters in
agricultural areas and forty (40) meters in forest areas, along their
margins are subject to the easement of public use in the interest of
recreation, navigation, floatage, fishing and salvage. No person shall
be allowed to stay in this zone longer than what is necessary for
recreation, navigation, floatage, fishing or salvage or to build
structures of any kind. chanroblesvirtualawlibrary
ARTICLE 52. The establishment, extent, form, and
conditions of easements of water not expressly determined by the
provisions of this Code shall be governed by the provisions of the
Civil Code.
CHAPTER V
CONTROL OF WATERS
ARTICLE 53. To promote the best interest and the
coordinated protection of flood plain lands, the Secretary of Public
Works, Transportation and Communications may declare flood control
areas and promulgate guidelines for governing flood plain management
plans in these areas.
ARTICLE 54. In declared flood control areas, rules
and regulations may be promulgated to prohibit or control activities
that may damage or cause deterioration or lakes and dikes, obstruct the
flow of water, change the natural flow of the river, increase flood
losses or aggravate flood problems.
ARTICLE 55. The government may construct necessary
flood control structures in declared flood control areas, and for this
purpose it shall have a legal easement as wide as may be needed along
and adjacent to the river bank and outside of the bed or channel of the
river.
ARTICLE 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 and Communication and
such permission shall not be granted where such cultivation obstructs
the flow of water or increase flood levels so as to cause damage to
other areas.
ARTICLE 57. Any person may erect levees or
revetments to protect his property from flood, encroachment by the
river or change in the course of the river, provided that such
constructions does not cause damage to the property of another. chanroblesvirtualawlibrary
ARTICLE 58. When a river or stream suddenly changes
its course to traverse private lands, the owners of the affected lands
may not compel the government to restore the river to its former bed;
nor can they restrain the government from taking steps to revert the
river or stream to its former course. The owners of the land 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 in 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 their own expense; Provided, That a permit
therefor is secured from the Secretary of Public Works, Transportation
and Communication and work pertaining thereto are commenced within two
years from the change in the course of the river or stream.
ARTICLE 59. Rivers, lakes and lagoons may, upon the
recommendation of the Philippines Coast Guard, be declared navigable
either in whole or in part.
ARTICLE 60. The rafting of logs and other objects on
rivers and lakes which are floatable may be controlled or prohibited
during designated season of the year with due regard to the needs of
irrigation and domestic water supply and other uses of water.
ARTICLE 61. The impounding of water in ponds or
reservoirs may be prohibited by the Council upon consultation with the
Department of Health if it is dangerous to public health, or it may
order that such pond or reservoir be drained if such is necessary for
the protection of public health.
ARTICLE 62. Waters of a stream may be stored in a
reservoir by a permittee in such amount as will not prejudice 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. chanroblesvirtualawlibrary
ARTICLE 63. The operator of a dam for the storage of
water may be required to employ an engineer possessing qualifications
prescribed for the proper operations, maintenance and administration of
the dam.
ARTICLE 64. The Council shall approve the manner,
location, depth, and spacing in which borings for subterranean or
ground water may be made, determine the requirements for the
registration of every boring or alteration to existing borings as well
as other control measures for the exploitation of subterranean or
ground water resources, and in coordination with the Professional
Regulation Commission prescribe the qualifications of those who would
drill such borings.
No person shall drill a well without prior permission from the Council.
ARTICLE 65. Water from one river basin may be
transferred to another river basin only with approval of the Council.
In considering any request for such transfer, the Council shall take
into account the full costs of the transfer, the benefits that would
accrue to the basin of origin without the transfer, the benefits would
accrue to the receiving basin on account of the transfer, alternative
schemes for supplying water to the receiving basin, and other relevant
factors.
CHAPTER VI
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND
RESOURCES
ARTICLE 66. After due notice and hearing when
warranted by circumstances, minimum stream flows for rivers and
streams, and minimum water levels for lakes may be established by the
Council under such conditions as may be necessary for the protection of
the environment, control of pollution, navigation, prevention of salt
damage, and general public use. chanroblesvirtualawlibrary
ARTICLE 67. Any watershed or any area of land
adjacent to any surface water or overlying any ground water may
declared by the Department of Natural Resources as protected area Rules
and regulations may be promulgated by such Department to prohibit or
control such activities by the owners or occupants thereof within the
protected area which may damage or cause the deterioration of the
surface water or ground water or interfere with the investigation, use,
control, protection, management or administration of such waters.
ARTICLE 68. It shall be the duty of any person in
control of a well to prevent the water from flowing on the surface of
the land, or into any surface water, or any porous stratum under neath
the surface without being beneficially used.
ARTICLE 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 vegetation 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.
ARTICLE 70. No person shall utilize an existing well
or pond or spread waters for recharging subterranean or ground water
supplies without prior permission of the Council.
ARTICLE 71. To promote better water conservation and
usage for irrigation purposes, the merger of irrigation 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 through an irrigation association.
ARTICLE 72. In the consideration of a proposed water
resource project, due regard shall be given to ecological changes
resulting from the construction of the project in order to balance the
needs of development and the protection of the environment.
ARTICLE 73. The conservation of fish and wildlife
shall receive proper consideration and shall be coordinated with other
features of water resources development programs to insure that fish
and wildlife values receive equal attention with other project purposes.
ARTICLE 74. Swamps and marshes which are owned by
the State and which primary value for waterfowl propagation or other
wildlife purposes may be reserved and protected from drainage operation
and development.
ARTICLE 75. No person shall, without prior
permission from the National Pollution Control Commission, build any
works that may produce dangerous or noxious substances or perform any
act which may result in the introduction of sewage, industrial waste,
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 vary according to the use of the
water and shall be set by the National Pollution Control Commission.
ARTICLE 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 subject to the rules
and regulations promulgated by the Department of Health.
ARTICLE 77. Tailings from mining operations and
sediments from placer mining shall not be dumped into rivers and
waterways without prior permission from the Council upon recommendation
by the National Pollution Control Commission.
ARTICLE 78. The application of agricultural
fertilizers and pesticides may be prohibited or regulated by the
National Pollution Control Commission in the areas where such
application may cause pollution of a source of water supply.
CHAPTER VII
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF THIS CODE
ARTICLE 79. The Administration and enforcement of
the provisions of this Code, including the granting of permits and the
imposition of penalties for administrative violations hereof, are
hereby vested in the Council, and except in regard to those functions
which under this Code are specifically conferred upon other agencies of
the government, the Council is hereby empowered to make all decisions
and determination provided for in this Code.
ARTICLE 80. The Council may deputize any official or
agency of the government to perform any of its specific functions or
activities.
ARTICLE 81. The Council shall provide a continuing
program for data collection, research and manpower development needed
for the appropriation, utilization, exploitation, conservation, and
protection of the water resources of the country.
ARTICLE 82. In the implementation of the provisions
of this code, the Council shall promulgate the necessary rules and
regulations which may provide for penalties consisting of a fine not
exceeding One Thousand Pesos (P1,000.00) and/or suspension or
revocation of the water permit or other right to the use of water.
Violations of such rules and regulations may be administratively dealt
with by the Council. chanroblesvirtualawlibrary
Such rules and regulations prescribed by any government agency that
pertain to the utilization, exploitation, development, control,
conservation, or protection of water resources shall, if the Council so
requires, be subject to its approval.
ARTICLE 83. The Council is hereby authorized to
impose and collect reasonable fees or charges for water resources
development from water appropriators, except when it is for purely
domestic purposes.
ARTICLE 84. The Council and other agencies
authorized to enforce this Code are empowered to enter upon private
lands, with previous notice to the owner, for the purpose of conducting
surveys and hydrologic investigations, and to perform such other acts
as are necessary in carrying out their functions including the power to
exercise the right of eminent domain.
ARTICLE 85. No program or project involving the
appropriation, utilization, exploitation, development, control,
conservation, or protection of water resources may be undertaken
without prior approval of the Council, except those which the Council
may, in its discretion, exempt.
The Council may require consultation with the public prior to the
implementation of certain water resources development projects.
ARTICLE 86. When plans and specifications of a
hydraulic structure are submitted for approval, the government agency
whose functions embrace the type of project for which the structure is
intended, shall review the plans and specifications and recommended to
the Council proper action thereon and the latter shall approve the same
only when they are inconformity 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 reason of defect in plans and specifications, or
failure due to defect in construction, within ten (10) years from the
completion of the structure.
Any action recover such damages must be brought within five (5) years
following such failure.
ARTICLE 87. The Council or its duly authorized
representatives, in the exercise of its power to investigate and decide
cases brought to its cognizance, shall have the power to administer
oaths, compel the attendance of witnesses by subpoena and the
production of relevant documents by subpoena duces tecum.
Non-compliance of violation of such orders or subpoena and subpoena
duces tecum shall be punished in the same manner as indirect contempt
of an inferior court upon application by the aggrieved party with the
proper Court of First Instance in accordance with the provisions of
Rules 71 of the Rules of the Court.
ARTICLE 88. The Council shall have original
jurisdiction over all disputes to relating to appropriation,
utilization, exploitation, development, control, conservation and
protection 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 enforcement thereof may be suspended only
when a bond, in a amount fixed by the Council to answer for damages
occasioned by the suspension or stay of execution, shall have been
filed by the appealing party, unless the suspension is virtue of an
order of a competent court.
All dispute shall be decided within sixty (60) days after the parties
submit the same for decision or resolution.
The Council shall have the power to issue writs of execution and
enforce its decisions with the assistance of local or national police
agencies.
ARTICLE 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 controversy is situated
within fifteen (15) days from the date the party appealing receives a
copy of the decision, on any of the following grounds; (1) grave abuse
of discretion; (2) question of law; and (3) questions of fact and law.
CHAPTER VIII
PENAL PROVISIONS
ARTICLE 90. The following acts 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 exceeding One Thousand Pesos
(P1,000.00), in the discretion of the Council:cralaw:red
a. Appropriation of subterranean or ground water for
domestic use by an overlying landowner without registration required by
the Council.
b. Non-observance of any standard of beneficial use
of water.
c. Failure of the appropriator to keep a record of
water withdrawal, when required.
d. Failure to comply with any of the terms or
conditions in a water permit or a water rights grant.
e. Unauthorized use of water for a purpose other
than that for which a right or permit was granted.
f. Construction or repair of any hydraulic work or
structure without duly approved plans and specifications, when required.
g. Failure to install a regulating and measuring
device for the control of the volume of water appropriated, when
required.
h. Unauthorized sale, lease, or transfer of water
and/or water rights.
i. Failure to provide adequate facilities to prevent
or control diseases when required by the Council in the construction of
any work for the storage, diversion, distribution and utilization of
water.
j. Drilling of a well without permission of the
Council.
k. Utilization of an existing well or ponding or
spreading of water for recharging subterranean or ground water supplies
without permission of the Council.
l. Violation of or non-compliance with any order,
rules, or regulations of the Council.
m. Illegal taking or diversion of water in an open
canal, aqueduct or reservoir.
n. Malicious destruction of hydraulic works or
structure valued at not exceeding P5,000.00.
ARTICLE 91. A. A fine of not exceeding Three
Thousand Pesos (P3,000.00) or imprisonment for not more than three (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
following acts:cralaw:red
1. Appropriation of water without a water permit,
unless such person is expressly exempted from securing a permit by the
provisions of this Code.
2. Unauthorized obstruction of an irrigation canal.
3. Cultivation of a river bed, sand bar or tidal flat
without permission.
4. Malicious destruction of hydraulic works or
structure valued at not exceeding Twenty-Five Thousand Pesos
(P25,000.00).
B. A fine exceeding Three Thousand Pesos P3,000.00)
but not more than Six Thousand Pesos P6,000.00) or imprisonment
exceeding three (3) years but not more than six (6) years, or both such
fine and imprisonment in the discretion of the Court, shall be imposed
on any person who commits any of the following acts:cralaw:red
1. Distribution for public consumption of water which
adversely affects the health and safety of the public.
2. Excavation or enlargement of the opening of a hot
spring without permission.
3. Unauthorized obstruction of a river or waterway,
or occupancy of a river bank or seashore without permission.
4. Establishment of a cemetery or a waste disposal
area near a source of water supply or reservoir for domestic municipal
use without permission.
5. Constructing, without 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 pollutes a source of
water supply.
6. Dumping mine tailings and sediments into rivers of
waterways without permission.
7. Malicious destruction of hydraulic works or
structure valued more than Twenty-Five Thousand Pesos (P25,000.00) but
at not exceeding One Hundred Thousand Peso (100,000.00).
C. A fine exceeding Six Thousand 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) years, or both
such fine and imprisonment, in the discretion of the Court, shall be
imposed upon any person who commits any of the following acts:cralaw:red
1. Misrepresentation of citizenship in order to
qualify for water permit.
2. Malicious destruction of a hydraulic works or
structure, valued at more than One Hundred Thousand Pesos (P100,000.00).
ARTICLE 92. If the offense is committed by a
corporation, trust, firm, partnership, association or any other
juridical person, the penalty shall be imposed upon the President,
General Manager, 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 alien, he shall be deported after serving
his sentence, without further proceedings. chanroblesvirtualawlibrary
After final judgment of conviction, the Court upon petition of the
prosecution attorney in the same proceedings, and after due hearing,
may, when the public interest so requires, order suspension of or
dissolution of such corporation, trust, firm, partnership, association
or juridical person.
ARTICLE 93. All actions for offenses punishable under
Article 91 of this Code shall be brought before the proper court.
ARTICLE 94. Actions for offenses punishable under
this Code by a fine of not more than Three Thousand Pesos (P3,000.00)
or by an imprisonment of not more than three (3) years, or both such
fine and imprisonment, shall prescribe in five (5) years; those
punishable by a fine exceeding Three Thousand Pesos (P3,000.00) but not
more than Six Thousand Pesos (P6,000.00) or an imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and
imprisonment, shall prescribe in seven (7) years; and those punishable
by a fine exceeding Six Thousand Pesos (P6,000.00) but not more than
Ten Thousand Pesos (P10,000.00) or an imprisonment exceeding six (6)
years but not more than twelve (12) years, or both such fine and
imprisonment, shall prescribe in ten (10) years.
CHAPTER IX
TRANSITORY AND FINAL PROVISIONS
ARTICLE 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 confirm said rights in accordance with the provisions of
this Code, and shall set their respective priorities. chanroblesvirtualawlibrary
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:cralaw:red
a. Domestic and municipal use
b. Irrigation
c. Power generation
d. Fisheries
e. Livestock raising
f. Industrial use, and
g. Other uses.
Any claim not registered within said period shall be considered waived
and the use of the water deemed abandoned, and the water shall
thereupon be available for disposition as unappropriated waters in
accordance with the provisions of this Code.
ARTICLE 96. No vested or acquired right to the use of
water can arise from acts or omissions which are against the law or
which infringe upon the rights of others.
ARTICLE 97. Acts and contract under the regime of old
laws, if they are valid in accordance therewith, shall be respected,
subject to the limitations established in this Code. Any modification
or extension of these acts and contracts after the promulgation of this
Code, shall be subject to the provisions hereof.
ARTICLE 98. Interim rules and regulations promulgated
by the Council shall continue to have binding force and effect, when
not in conflict with the provisions of this Code.
ARTICLE 99. If any provision or part of this Code, or
the application thereof to any person or circumstance, is declared
unconstitutional or invalid for any reason, the other provisions or
parts therein shall not be affected. chanroblesvirtualawlibrary
ARTICLE 100. The following laws, parts and/or
provisions of laws are hereby repealed:cralaw:red
a. The provisions of the Spanish Law on 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, easements relating
to waters, use of public waters and acquisitive prescription on the use
of waters, which are inconsistent with the provisions of this Code;chanroblesvirtualawlibrary
b. The provisions of R.A. 6395, otherwise known as
the Revised Charter of National Power Corporation, particularly section
3, paragraph (f), and section 12, insofar as they relate to the
appropriation of waters and the grant thereof;chanroblesvirtualawlibrary
c. The provisions of Act No. 2152, as amended,
otherwise known as the Irrigation Act, section 3, paragraphs (k) and
(m) of P.D. No. 813, R.A. 2056; Section 90, C.A. 137; and,
d. All Decree, Laws, Acts, parts of Acts, rules of
Court, executive orders, and administrative regulations which are
contrary to or inconsistent with the provisions of this Code.
ARTICLE 101. This Code shall take effect upon its
promulgation.
Done in the City of Manila,
this 31st day of December, Nineteen Hundred and Seventy-Six.
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