Lecture 2

Page 1: Institutional Details

  • AL LUZON STATE UNIVERSITY

    • Location: Nueva Ecija, Philippines

  • Central Luzon State University

    • Location: Science City of Muñoz, 3120 Nueva Ecija, Philippines

    • Established: 1907

  • Course Title: WENGR 4240

  • Instructor: Engr. JHOREENE A. JULIAN

    • Department of Civil Engineering

Page 2: Overview of the Water Code of the Philippines

  • Title: WATER CODE OF THE PHILIPPINES

  • Presidential Decree No.: 1067

  • Date Issued: December 31, 1976

  • Purpose: Governs ownership, appropriation, utilization, exploitation, development, conservation, and protection of water resources and related land rights.

  • Chapters Include:

    • Chapter I: Declaration of Objectives and Principles

    • Chapter II: Ownership of Waters

    • Chapter III: Appropriation of Waters

    • Chapter IV: Utilization of Waters

    • Chapter V: Control of Waters

    • Chapter VI: Conservation and Protection of Waters and Watersheds

    • Chapter VII: Administration of Waters

    • Chapter VIII: Penal Provisions

    • Chapter IX: Transitory and Final Provisions

Page 3: Objectives of the Water Code

  • Main Objectives:

    1. Establish principles relating to water resource appropriation, control, and conservation for optimum development.

    2. Define rights and obligations of water users and owners.

    3. Provide a legal framework for the ownership and utilization of water resources.

    4. Identify administrative agencies for enforcement of the Code.

  • Key Principles:

    • All waters belong to the State.

    • State waters cannot be acquired through prescription.

    • Utilization and exploitation of waters require government control and regulation via the National Water Resources Council.

    • Usage rights should reflect changing national needs.

Page 4: Definition and Ownership of Water

  • Definition of Water:

    • Encompasses groundwater, surface waters, atmospheric water, and seas within Philippine territory.

  • Types of Waters Owned by the State:

    • Rivers, lakes, lagoons, springs, atmospheric waters, surface waters from rainfall, agricultural runoff, groundwater, and seawater.

Page 5: State Ownership on Private Lands

  • Waters on Private Lands:

    • Includes continuous or intermittent waters, lakes, rainwater, and water in swamps and marshes.

Page 6: Appropriation of Water

  • Definition of Appropriation:

    • Acquisition of rights to use water or divert water from a natural source legally.

  • Usage Purposes:

    1. Domestic

    2. Municipal

    3. Irrigation

    4. Power Generation

    5. Fisheries

    6. Livestock Raising

    7. Industrial

    8. Recreational

    9. Other purposes

Page 7: Water Rights and Exceptions

  • Water Rights:

    • Privilege granted by the government for appropriating and using water.

  • Exemptions from Permits:

    • Hand-carried water usage without a permit

    • Domestic uses like bathing or watering animals

    • Navigation and transportation across water bodies.

  • Requirements for Water Rights:

    • Must be a citizen or duly qualified juridical person of legal age.

Page 8: Water Permit Applications

  • Filing Applications:

    • Applications for water permits filed with the National Water Resources Council (NWRB).

    • Considerations for approval include protests, prior permits, water availability, and potential adverse effects.

  • Easement Rights:

    • Permit holders can demand easements for construction and maintenance related to water appropriation, respecting land owner rights.

Page 9: Revocation of Water Permits

  • Revocation Circumstances:

    • Grounds for revocation include non-use, violations, unauthorized water sales, pollution, and disqualification issues.

Page 10: Control Area Definition

  • Control Area:

    • An area where ground and surface water interrelation requires controlled management to prevent adverse effects.

Page 11: Regulations on Hot Springs and Flood Control

  • Hot Spring Development:

    • Development for human use requires a permit from the Department of Health.

  • Flood Control Regulations:

    • The Secretary of Public Works can declare flood control areas and construct necessary structures.

Page 12: Conservation Areas

  • Protected Areas:

    • Definition and regulations for conservation areas determined by the Department of Natural Resources.

Page 13: Water Management Responsibilities

  • Responsibilities:

    • Well controllers must prevent uncontrolled water flow and pollution from agriculture through regulation measures.

Page 14: Administration of Waters

  • Administration:

    • The National Water Resources Council administers water permits and compliance with the provisions of the Water Code.

Page 15: Penal Provisions

  • Penalties Imposed for Violations:

    • Violations lead to suspension or fines, including unauthorized appropriations, failure to comply with records, and unapproved structural work.

Page 16: Transitory and Final Provisions

  • Order of Preference for Water Use:

    • In cases where appropriation timing cannot be determined, priorities are established: domestic, irrigation, power generation, etc.

Page 17: National Water Resources Board (NWRB)

  • Functions of NWRB:

    1. Policy formulation for Integrated Water Resources Management (IWRM).

    2. Regulatory oversight of water use conflicts and permits.

    3. Economic regulation of water service providers.

  • Tasks:

    • Integrate activities impacting social, environmental, and economic aspects of water resources in the Philippines.

Page 18: Acknowledgements

  • Thank You Note:

    • Contact details and institutional links for CLSU provided.

  • Achievements:

    • Recognition in innovation rankings and sustainability.