Water Code of the Philippines

Water Code of the Philippines

The legal code that establishes principles and regulations for the appropriation, control, and conservation of water resources in the Philippines.

Objectives of the Water Code

The goals of the Water Code are to establish principles and frameworks for the rational utilization and conservation of water resources, define the rights and obligations of water users and owners, govern the ownership and appropriation of water resources, and identify the administrative agencies responsible for enforcing the Code.

Principles of the Water Code

The underlying principles of the Water Code include the state's ownership of all waters, the prohibition of acquisitive prescription on state waters, the allowance of water use through administrative concession, the control and regulation of water resources by the government through the National Water Resources Council, and the consideration of current usages and changing needs in water use and development.

Ownership of Waters

The State owns various categories of waters, including rivers, springs, lakes, surface waters, atmospheric water, ground waters, and seawater. Some waters found on private lands also belong to the State, but the landowner may use them for domestic purposes without a permit, subject to regulation by the Council.

Appropriation of Waters

Appropriation of water refers to the acquisition of rights over the use of water or the taking/diverting of water from a natural source. Water may be appropriated for various purposes, such as domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational, and other purposes.

Water Permits

No person, including government entities, can appropriate water without a water permit. A water permit is a document that grants the privilege to appropriate and use water. Citizens of the Philippines and juridical persons who are qualified by law can apply for water permits, which are subject to conditions of beneficial use, design and construction standards, and other terms imposed by the Council.

Beneficial Use

The measure and limit of water appropriation is beneficial use, which refers to the utilization of water in the right amount and during the period needed for producing the intended benefits. Standards of beneficial use are prescribed by the Council for different purposes and conditions, and water use must be measured and controlled accordingly.

Priorities in Water Appropriation

Between multiple appropriators of water from the same source, priority in time of appropriation gives the better right. However, in times of emergency, water use for domestic and municipal purposes has a better right over other uses. Priorities may be altered on grounds of greater beneficial use or multi-purpose use, subject to compensation.

Water Permit Revocation

Water permits may be revoked for reasons such as non-use, violation of permit conditions, unauthorized sale of water, pollution, public nuisance, acts detrimental to public health and safety, disqualification to exploit natural resources, conversion of land to non-agricultural purposes, and other similar grounds.

Utilization of Waters

The utilization of water resources should consider the security of the State, multiple use, beneficial effects, adverse effects, and costs of development. The coordination of subterranean or ground water with surface waters is necessary to prevent adverse effects on each other. Works for water storage, diversion, distribution, and utilization should include provisions for disease prevention and control. The reuse of wastewater should be limited to non-human consumption uses, and its distribution for public consumption requires demonstration of safety.

Scenic places and historical relics

Preservation of scenic places and historical relics in the construction and operation of hydraulic works is required, and no works that would require the destruction or removal of such places or relics can be undertaken without showing that the destruction or removal is necessary and unavoidable.

Authority for construction of structures

Authority for the construction of dams, bridges, and other structures that may interfere with the flow of navigable or floatable waterways must be secured from the Department of Public Works, Transportation and Communications.

Approval for construction or repair

The construction or repair of certain works, such as dams, structures for water power, and installations for water utilization, can only be undertaken after the plans and specifications are approved by the proper government agency.

Permit for excavation or development of hot springs

Prior permit is required for excavation for the purpose of emission of a hot spring or for the enlargement of an existing opening. A permit from the Department of Health is also required for developing a hot spring for human consumption.

Permit for recreational development

A permit from the Council is required for developing a stream, lake, or spring for recreational purposes.

Permit for inducing or restraining rainfall

No person can induce or restrain rainfall by any method, such as cloud seeding, without a permit from the proper government agency, unless ordered by the President of the Philippines during a national calamity or emergency.

Permit for raising or lowering water level

No person can raise or lower the water level of a river, stream, lake, lagoon, or marsh, or drain the same without a permit.

Construction of drainage systems

Drainage systems must be constructed in a way that their outlets are rivers, lakes, the sea, or other approved water courses.

Cost sharing for common drainage channels

When a drainage channel is constructed by multiple persons for their common benefit, the cost of construction and maintenance of the channel must be borne by each person in proportion to the benefits derived.

Minimum damage in drainage from higher to lower land

When artificial means are employed to drain water from higher to lower land, the owner of the higher land must select routes and methods of drainage that cause minimum damage to the lower lands, subject to the requirements of just compensation.

Compensation for water-related damage

When the use, conveyance, or storage of waters results in damage to another person, the responsible person must pay compensation.

Cost sharing for water resources projects

If a water resources project interferes with the access of a landowner to a portion of their property or with the conveyance of irrigation or drainage water, the person or agency constructing the project must bear the cost of construction and maintenance of necessary structures, in addition to paying compensation for land and incidental damages.

Easement for aqueduct maintenance

A person having an easement for an aqueduct can enter upon the servient land for the purpose of cleaning, repairing, or replacing the aqueduct or removing obstructions.

Natural flow of water between higher and lower estates

Lower estates are obliged to receive waters that naturally flow from higher estates, along with any stone or earth carried with them. The owner of the lower estate cannot construct works that impede this natural flow, unless an alternative method of drainage is provided. The owner of the higher estate cannot make works that increase this natural flow.

Easement of public use along water bodies

The banks of rivers and streams, and the shores of seas and lakes, are subject to the easement of public use within specified zones. No person can stay in these zones longer than necessary for specific purposes or build structures of any kind.

Easements of water not expressly determined

The establishment, extent, form, and conditions of easements of water not expressly determined by the provisions of this Code are governed by the provisions of the Civil Code.

Declaration of flood control areas

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 to protect flood plain lands.

Prohibition or control of activities in flood control areas

Rules and regulations may be promulgated in declared flood control areas to prohibit or control activities that may damage or cause deterioration of lakes and dikes, obstruct water flow, change the natural flow of rivers, increase flood losses, or aggravate flood problems.

Legal easement for flood control structures

The government has a legal easement as wide as needed along and adjacent to the river bank and outside of the bed or channel of the river for the construction of necessary flood control structures in declared flood control areas.

Cultivation of river beds and tidal flats

River beds, sand bars, and tidal flats may not be cultivated without prior permission from the Secretary of the Department of Public Works, Transportation and Communication, if such cultivation obstructs water flow or increases flood levels causing damage to

Council

The authorized agency responsible for enforcing the Code and regulating water resources.

Eminent domain

The power of the Council to take private land for public use, with proper notice and compensation to the owner.

Prior approval

The requirement for the Council's approval before undertaking any program or project related to water resources.

Consultation with the public

The Council's authority to request public input before implementing certain water resources development projects.

Review and approval

The process in which the government agency reviews and recommends action on plans and specifications of hydraulic structures, which are then approved by the Council.

Liability for damages

The responsibility of the engineer and constructor for any damages caused by defects in plans, specifications, or construction of hydraulic structures within ten years of completion.

Power to investigate and decide cases

The authority of the Council to administer oaths, compel witness attendance, and request relevant documents in order to investigate and make decisions on water-related cases.

Original jurisdiction

The exclusive authority of the Council to handle disputes related to the appropriation, utilization, exploitation, development, control, conservation, and protection of water resources.

Penalties

The range of penalties, including fines and suspension or revocation of water permits, for various offenses related to water use and management.

Prescription period

The time limit within which actions for offenses punishable under the Code must be brought before the court.

Registration of water rights

The requirement for existing claims for the right to use water to be registered with the Council within two years from the promulgation of the Code.

Order of preference

The hierarchy of water use priorities, with domestic and municipal use having the highest priority and other uses following in order.

Vested or acquired rights

The recognition that rights to the use of water cannot arise from acts or omissions that are against the law or infringe upon the rights of others.

Repealed laws

The laws and provisions that are repealed by the Code, including those related to ownership of waters, easements, and the appropriation of waters by the National Power Corporation and irrigation acts.

Effective date

The date on which the Code takes effect, which is the day of its promulgation.