A Decree Instituting A Water Code, Thereby Revising And Consolidating The Laws Governing The Ownership, Appropriation, Utilization, Exploitation, Development, Conservation And Protection Of

Case Overview and Summary

Summary of the Water Code of the Philippines

Declaration of Objectives and Principles (Articles 1-4):
- Establishes the Water Code of the Philippines.
- Outlines objectives related to appropriation, control, conservation, and utilization of water resources.
- Defines underlying principles, including state ownership of waters and regulation by the National Water Resources Council (the Council).
- Defines "waters" to include surface water, groundwater, and seawater within Philippine jurisdiction.

Ownership of Waters (Articles 5-8):
- Declares ownership of various water sources by the State, including:
    - Rivers, springs, natural lakes, surface waters, atmospheric water, groundwater, and seawater. (Article 5)
    - Waters found on private lands, such as springs, lakes, rainwater, groundwater, and swamps. (Article 6)
- Allows landowners to use waters on their land for domestic purposes without a permit, subject to registration and regulation. (Article 6)
- Grants exclusive control over captured or collected water to the person who captured or collected it. (Article 7)
- Grants control over appropriated water to the appropriator once it reaches their canal or aqueduct. (Article 8)

Appropriation of Waters (Articles 9-30):
- Allows appropriation and use of waters in accordance with the Code. (Article 9)
- Lists purposes for which water may be appropriated, including domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, and recreational. (Article 10)
- Requires a water permit for appropriation, with some exceptions for domestic use. (Articles 13-14)
- Outlines requirements for water permit applications, approvals, and conditions. (Articles 15-18)
- Allows transfer of water rights with Council approval. (Article 19)
- Defines beneficial use as the measure and limit of appropriation. (Article 20)
- Establishes priority of appropriation based on time, with domestic and municipal use having priority during emergencies. (Article 22)
- Allows alteration of priorities based on greater beneficial use or multi-purpose use, with compensation. (Article 23)
- Requires easements for water works to be established with just compensation. (Article 25)
- Allows reduction of water use during recurrent shortages. (Article 26)
- Permits temporary permits for short periods. (Article 28)
- Outlines grounds for suspension, revocation, modification, or cancellation of water permits. (Articles 28-30)

Utilization of Waters (Articles 31-52):
- Establishes preference for water resource development based on security, multiple use, benefits, adverse effects, and costs. (Article 31)
- Requires coordination between groundwater and surface water utilization. (Article 32)
- Allows use of private water sources for domestic purposes without damaging the source. (Article 33)
- Permits conveyance and recapture of water in watercourses by permittees. (Article 34)
- Requires prevention and control of diseases in water works when required by the Council. (Article 35)
- Limits reuse of wastewater to non-human consumption unless demonstrated safe. (Article 36)
- Requires consideration of scenic places and historical relics in water works construction. (Article 37)
- Requires approval for structures across navigable or flotable waterways. (Article 38)
- Requires approval of plans and specifications for dams, water power structures, groundwater installations, and other water structures. (Article 39)
- Requires permits for hot spring development and recreational water development. (Articles 40-41)
- Requires permits for inducing or restraining rainfall, raising or lowering water levels, and drainage systems. (Articles 42-46)
- Establishes rules for drainage, easements, and compensation related to water use and conveyance. (Articles 45-52)

Control of Waters (Articles 53-65):
- Allows declaration of flood control areas and regulations for flood plain management. (Articles 53-54)
- Permits construction of flood control structures with legal easements. (Article 55)
- Regulates cultivation of river beds, sand bars, and tidal flats. (Article 56)
- Allows landowners to erect levees or revetments to protect property from floods or river changes. (Article 57)
- Addresses ownership and restoration of lands affected by river course changes. (Article 58)
- Allows declaration of navigable rivers, lakes, and lagoons. (Article 59)
- Permits control or prohibition of log rafting on flotable rivers and lakes. (Article 60)
- Allows prohibition of water impoundment if dangerous to public health. (Article 61)
- Regulates reservoir operations, including minimum stream flow requirements. (Article 62)
- Requires qualified engineers for dam operations and maintenance. (Article 63)
- Establishes regulations for groundwater well drilling and registration. (Article 64)
- Requires Council approval for water transfer between river basins. (Article 65)

Conservation and Protection of Waters and Watersheds (Articles 66-78):
- Allows establishment of minimum stream flows and water levels for environmental protection and other purposes. (Article 66)
- Permits declaration of protected watershed areas and regulations to prevent water damage or deterioration. (Article 67)
- Requires prevention of water flow onto land surfaces or into other water sources without beneficial use. (Articles 68-69)
- Requires permission for artificial groundwater recharge. (Article 70)
- Encourages merger of irrigation associations and appropriation by associations instead of individuals. (Article 71)
- Requires consideration of ecological changes in water resource projects. (Article 72)
- Mandates consideration of fish and wildlife conservation in water resource development programs. (Article 73)
- Allows reservation and protection of swamps and marshes for waterfowl propagation or wildlife purposes. (Article 74)
- Prohibits works that may introduce pollutants into water supplies without permission from the National Pollution Control Commission. (Article 75)
- Regulates establishment of cemeteries and waste disposal areas near water supplies. (Article 76)
- Requires permission for dumping mining tailings and sediments into rivers and waterways. (Article 77)
- Allows regulation of agricultural fertilizers and pesticides that may cause water pollution. (Article 78)

Administration and Enforcement (Articles 79-89):
- Vests administration and enforcement of the Code in the Council, including granting permits and imposing penalties. (Article 79)
- Allows the Council to deputize government officials or agencies to perform specific functions. (Article 80)
- Requires the Council to provide programs for data collection, research, and manpower development. (Article 81)
- Authorizes the Council to promulgate rules and regulations with penalties up to ₱1,000 fine and/or permit suspension or revocation. (Article 82)
- Allows the Council to impose reasonable fees or charges for water resource development, except for domestic purposes. (Article 83)
- Grants the Council and authorized agencies the power to enter private lands for surveys, investigations, and other necessary acts, including eminent domain. (Article 84)
- Requires Council approval for water resource programs or projects, with potential for public consultation. (Article 85)
- Outlines requirements for approval of hydraulic structure plans and specifications, and liability for defects. (Article 86)
- Grants the Council power to administer oaths, compel witnesses, and produce documents in investigations and decisions. (Article 87)
- Gives the Council original jurisdiction over water rights disputes, with decisions immediately executory and enforceable. (Article 88)
- Allows appeals of Council decisions to the Court of First Instance on specific grounds. (Article 89)

Penal Provisions (Articles 90-94):
- Lists acts subject to suspension or revocation of water permits and/or fines up to ₱1,000, including unauthorized appropriation, non-compliance with standards or permit conditions, unauthorized water use or sale, and destruction of hydraulic works up to ₱5,000 value. (Article 90)
- Imposes fines up to ₱3,000 and/or imprisonment up to 3 years for acts such as appropriation without a permit, obstructing irrigation canals, cultivating river beds without permission, and destruction of hydraulic works up to ₱25,000 value. (Article 91A)
- Imposes fines from ₱3,000 to ₱6,000 and/or imprisonment from 3 to 6 years for acts such as distributing unsafe water, unauthorized hot spring excavation, obstructing rivers or waterways, establishing cemeteries or waste disposal areas near water supplies without permission, and destruction of hydraulic works from ₱25,000 to ₱100,000 value. (Article 91B)
- Imposes fines from ₱6,000 to ₱10,000 and/or imprisonment from 6 to 12 years for misrepresenting citizenship to obtain a water permit and destruction of hydraulic works over ₱100,000 value. (Article 91C)
- Holds corporate officers liable and allows suspension or dissolution of corporations for offenses. (Article 92)
- Establishes prescription periods for offenses based on the severity of penalties. (Article 94)

Transitory and Final Provisions (Articles 95-101):
- Requires registration of existing water rights within 2 years, with priorities set by the Council. Unregistered claims are deemed waived. (Article 95)
- Declares that no vested right can arise from unlawful acts or infringement on others' rights. (Article 96)
- Respects valid acts and contracts under old laws, subject to limitations of the Code. (Article 97)
- Allows interim rules and regulations to continue in effect if not conflicting with the Code. (Article 98)
- Includes a severability clause for unconstitutional or invalid provisions. (Article 99)
- Repeals inconsistent provisions of previous laws, including the Spanish Law on Waters, Civil Codes, and other Acts and Decrees. (Article 100)
- Sets the effective date upon promulgation. (Article 101)