Creating A National Water Resources Council, Reconstituting Its Membership, Vesting The Same With Powers To Coordinate And Integrate Water Resources Development, And Providing Funds Therefo

Case Overview and Summary

Presidential Decree No. 424

Creating a National Water Resources Council
- Reconstitutes the Water Resources Committee as the National Water Resources Council (Section 1)
- Attaches the Council to the Department of Public Works, Transportation and Communications (Section 1)

Functions, Duties, and Powers of the Council

A. Regulatory and Executory:
- Coordinate and integrate water resources development activities within national plans (Section 2.A.a)
- Determine, adjudicate, and grant water rights, amending Act No. 2152 and other related laws (Section 2.A.b)
- Formulate criteria, methods, and standards for data collection, project planning, and feasibility evaluation (Section 2.A.c.1)
- Formulate rules and regulations for water resources exploitation, including fees or charges (Section 2.A.c.2)
- Review and approve water resources development plans and programs (Section 2.A.d)
- Undertake river basin surveys, inventory, and appraisal of water resources (Section 2.A.e)
- Conduct hydrologic surveys, establish observation station networks, and a centralized data center (Section 2.A.f)
- Conduct and promote studies and research on water resources development (Section 2.A.g)

B. Advisory and Recommendatory:
- Appraise and advise NEDA on water resources development projects and programs (Section 2.B.a)
- Recommend to NEDA the adoption of policies, guidelines, and plans for water resources development (Section 2.B.b)

Composition of the Council (Section 3)
- Secretary, Department of Public Works, Transportation and Communications (Chairman)
- Secretary, Department of Agriculture and Natural Resources, or Undersecretary (Member)
- Director General, National Economic & Development Authority, or Deputy (Member)
- Administrator, National Irrigation Administration (Member)
- General Manager, National Power Corporation (Member)
- Director, Bureau of Public Works (Member)
- NEDA may increase or decrease the membership
- Members receive per diem for meetings attended

Working Staff and Executive Director (Section 4)
- The Council shall have a working staff under an Executive Director appointed by the President
- Initially, the Water Resources Survey Division of the Bureau of Public Works shall be the working staff
- The Council shall organize and expand its working staff, fixing salaries and benefits
- Exempt from WAPCO and Civil Service rules for technical positions

Assistance and Consultancy Services (Section 5)
- The Council may request and secure assistance from any government agency
- The Council may enter into contracts for consultancy services

Appropriations (Section 6)
- Ten Million Pesos appropriated for the organization and initial operations of the Council
- Funds shall be appropriated annually in the General Appropriations Act
- The Council's budget shall be in lump sum appropriations with sole authority to determine expenditures
- The Council shall submit a report of disbursements to DPWTC within 45 days after each fiscal year

Implementation (Sections 7-10)
- The Council shall hold its organizational meeting within 45 days of promulgation (Section 7)
- Functions, monies, records, properties, rights, and obligations of the Water Resources Committee are transferred to the Council (Section 8)
- Repeals or modifies conflicting laws, decrees, orders, and regulations (Section 9)
- Severability clause (Section 10)
- Immediate effectivity (Section 10)