Water Code of the Philippines_ Everything You Need to Know

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Water Code of the Philippines Everything You
Need to Know
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Water Code of the Philippines Everything You
Need to Know

• Presidential Decree No. 1067, also referred to as
  the Water Code of the Philippines, is a law
  dedicated to overseeing everything related to the
  Philippines bodies of water. The code applies
  to all waterways inside the Philippine territory,
  including surface waters, groundwater, airborne
  waters, and ocean waters.
• The objectives of the Water Code of the
  Philippines are
• To provide the fundamental guidelines and
  structure for the appropriation, management, and
  conservation of water resources to maximize their
  development and sensible use
• To specify the scope of the rights and
  responsibilities of water owners and users,
  including the safeguarding and control of such
  rights
• To pass a fundamental law controlling the
  allocation, ownership, use, development,
  conservation, and protection of water resources
  and the land rights associated with them and
• To list the administrative bodies responsible for
  enforcing this Code.

Natural Water Resources Board
The National Water Resources Board (NWRB),
entrusted with policy-making, regulatory, and
quasi-judicial responsibilities, is the leading
government agency in the Philippines water
sector. In accordance with Integrated Water
Resource Management principles, the NWRB ensures
the best possible exploitation, utilization,
development, conservation, and protection of the
nations water resources.
Importance of the Water Code of the
Philippines on Territorial Claims
The Water Code of the Philippines is created to
ensure the security of Philippine waters and
their maximum usage to bene?t the Filipino
people. Under the 1987 Constitution, the
national territory is de?ned as all ihe islands
and waiers embraced iherein, and all oiher
ierriiories over which ihe Philippines has
sovereigniy or jurisdiciion, consisiing of iis
ierresirial, ?uvial and aerial domains, including
iis ierriiorial sea, ihe seabed, ihe subsoil, ihe
insular shelves, and oiher submarine areas. The
waiers around, beiween, and conneciing
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• Water Code of the Philippines Everything You
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• ihe islands of ihe archipelago, regardless of
  iheir breadih and dimensions, form pari of ihe
  iniernal waiers of ihe Philippines.
• However, in international laws, the United
  Nations Convention on the Law of the Sea only
  recognized sovereignty up to 12 nautical miles
  from the shore, meaning that there are still
  exceptions regarding the countrys sovereignty
  over bodies of water.
• Aside from territorial waters, ownership of
  bodies of water found on private land is also
  discussed in the Water Code, making it easier for
  property owners and developers to plan how they
  will use their property when there are bodies of
  water around or within the property.
• Article 5 and 6 of the Water Code speci?es that
  the following belongs to the state
• ?owing continuously or sporadically from springs
  and brooks in their natural beds, as well as the
  beds themselves
• riverbeds in their natural state
• all other types of surface waters, including
  those that ?ow over the land, are produced by
  arti?cial or natural rain, as well as runoff,
  seepage, and drainage from agricultural
  activities
• natural lagoons and lakes
• groundwaters or subterranean waters
• airborne water
• seawater
• lakes and lagoons that are present naturally on
  private lands
• rising waves on such terrain, whether constant or
  intermittent

Importance of the Water Code of the
Philippines on Water Usage
Water is an important part of the Philippine
economy since the marine and agricultural
sectors greatly contribute to stabilizing the
countrys economic growth. As an archipelago,
bodies of water form a large part of the country,
which is why many citizens rely on marine life
and aquaculture for livelihood. The country is
also blessed with fertile land, making
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• Water Code of the Philippines Everything You
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• agriculture one of the primary economic
  activities in the country, hence the need for a
  proper irrigation system.
• Tourism also became a primary economic activity
  with all the natural resources available in the
  country. Aside from the tropical climate, the
  Philippines is also known for its white sand
  beaches with clear water, cold rivers, and hot
  springs, all of which are regulated by the
  Philippines Water Code. In chapters three and
  four of the Water Code of the Philippines, the
  proper appropriation and utilization of
  Philippine water in different sectors are
  discussed.
• Particularly, these chapters cover the following
• Domestic
• Irrigation
• Municipal
• Power generation
• Livestock raising
• Fisheries
• Industrial
• Recreational
• Other Purposes
• According to Article 31 of this code, water
  utilization shall promote the development of
  water resources and consider the states security.

Importance of the Water Code of the
Philippines on Citizens Health and
Wellness
Chapter Five of the Water Code discusses the
measures the assigned government agencies take
to protect the citizens and their properties
against water-related problems such as ?ooding,
river encroachment, and change in a river or
steam course. In such events, this code gives
power to the Secretary of Public Works,
Transportation, and Communications to proclaim
?ood control zones and enact regulations for
managing ?oodplain management plans in these
areas to further the best interests and
coordinated protection of ?oodplain
lands. According to this chapter, the owners of
the affected lands may not compel the government
to restore the river to its old bed or prevent
the government from taking action to revert the
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Water Code of the Philippines Everything You
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course when it abruptly changes its course to
pass through private lands. The owners of the
affected lands are not entitled to compensation
for any harm incurred as a result. However, in
proportion to how much space was lost by each,
the previous owners of the new bed will now be
the owners of the abandoned bed. If a permit is
obtained from the Secretary of Public Works,
Transportation and Communication and work
related to it is started within two years of the
river or streams change in course, the owners
of the affected lands may decide to restore the
river or stream to its original bed at their own
expense.
Water and Related Land Resources
Protection and Conservation
Chapter Seven of PD 1067 discusses the laws to
protect and conserve the countrys water
resources. The Department of Natural Resources
has the authority to designate any watershed,
area of land, or surface or subsurface body of
water as a protected area. The Department may
issue rules and regulations to prohibit or
regulate activities by property owners or
inhabitants inside a protected area that could
harm or deteriorate surface water or groundwater
or obstruct the study, use, control, protection,
management, or administration of such
waters. This code also emphasizes that without
the National Pollution Control Commissions prior
approval, no one is allowed to construct
structures that could release harmful or noxious
substances or carry out any actions that could
introduce sewage, industrial waste, or other
pollutants into any source of water supply. This
code de?nes water pollution as the degradation of
water quality beyond a certain standard. This
criterion, which the National Pollution Control
Commission will establish, may change depending
on how the water is used.
Penalties for Violators of the Water
Code of the Philippines
According to article 90 of this code, the
following actions shall result in the suspension
or cancellation of the violators water permit
or other entitlement to the use of water, as well
as a ?ne of not more than One Thousand Pesos
(PHP 1,000.00)
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Water Code of the Philippines Everything You
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• Failure to follow any guidelines for the wise use
  of water
• The taking of underground or groundwater for
  residential use by a landowner above without
  ?rst registering with the council
• When needed, the appropriator fails to keep a
  record of water withdrawals
• Using water for a use for which it was not
  intended or for which permission or
  authorization was not issued
• Not adhering to any requirements outlined in a
  grant of water rights or a water permit
• Illegally leasing, selling, or transferring water
  or water rights
• Failure to install suf?cient disease prevention
  or control measures when the council demands it
  during the building of any project involving the
  storage, diversion, distribution, or use of
  water
• Failure to install, where necessary, a regulating
  and measuring mechanism to control the
  authorized water volume
• Drilling a well without the councils consent
• Any infraction or noncompliance with a Council
  order, rule, or regulation
• Using an existing well, ponding water, or
  distributing water without the councils
  approval to recharge underground or groundwater
  resources
• Illegally stealing or diverting water from a
  reservoir, aqueduct, or open canal
• Maliciously destroying hydraulic works or
  important structures valued at P5,000
• According to Article 91 of this code, any person
  who performs any of the following offenses shall
  be punished by a ?ne of not more than Three
  Thousand Pesos (PHP 3,000.00), a term of
  imprisonment of not more than three (3) years, or
  both such ?ne and imprisonment, as determined by
  the Court
• Water appropriation without a permit, unless the
  provisions of this code expressly prevent that
  person from obtaining a permit
• Intentional destruction of hydraulic structures
  or works with a value of little more than USD
  25,000 (PHP 25,000.00)
• Illegally cultivating a riverbed, sandbar, or
  tidal ?at

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Water Code of the Philippines Everything You
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When the public interest so necessitates, the
Court may order the suspension or dissolution of
such a corporation, trust, business, partnership,
organization, or juridical entity upon petition
of the prosecution counsel in the same
proceedings and following a fair hearing.