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PD 1067

Dec. 31, 1976


Water Code of the Philippines
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 and Related


Land Resources

Chapter VII.

Administration of Waters and Enforcement of Provisions of This


Code

Chapter VIII.

Penal Provisions

Chapter IX. Transitory and Final Provisions


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Chapter I. Declaration of Objectives and Principles
Art. 1. The Code shall be known as The water Code of the Philippines
Art. 2. Objectives of this Code:
a) Establish basic principles and framework (appropriation, control and
conservation) to achieve the optimum development and rational
utilization
b) Define the extent of the rights and obligations of users and owners
(protection and regulation of such rights)
c) Adopt basic law governing the of ownership, appropriation, utilization,
exploitation, development, conservation and protection of water
resources and rights to land
d) Identify the administrative agencies which will enforce this Code.
Art 3. Underlying Principles
All waters (under the grounds, above the ground, in the atmosphere and of the sea
within the territorial waters of the Phils) belong to the State, and cannot be
the subject to acquisitive prescription (method of acquiring property or
acquisition of ownership). But the use or development of waters may be
allowed by admnistrative concession (grant of exclusive priviledges); the
use of it (explotation, development, conservation or protection) shall be under
the control of national Water Resource Council (NWRC), and its
current use and needs of the country should be considered.
Art 4. Waters (under the grounds, above the ground, in the atmosphere and of the sea
within the territorial waters of the Phils)

Chapter II. Ownership of Waters


Art 5. Belongs to the State:
Rivers and natural beds, Springs (continuous or intermittent), brooks
(small stream), natural lakes and lagoons, all surface waters (flowing
over lands, from rainfall, agricuklture runoff, seepage and drainage), atmospheric
Water, ground water, and sea water.
Art 6. Waters of private lands belong to the State : (continuous or intermittent;
lakes and lagoons; rain water, ground water, swamps and marshes)

The owner of the land may use the water for domestic purposes
w/o securing permit provided that it shall be registered.
Art 7. Any person who collects water by cisterns (container) have
exclusive control of such water and have the right to dispose.
Art 8. Water legally appropriated (owned) shall be in the control of the
owner the moment it reached his canal up to the place where it
will be used, so longa s it is being beneficially used.

Chapter III. Appropriation of Waters


Art 9. Appropriation of water is the acquisition of rights over the use of
waters or the taking or diverting of waters from a natural source
in the manner and purpose allowed by law.
Art 10. Water may be appropraited for the ff purposes:
1. Domestic (drinking, washing, bathing, cooking, gardens, watering of lawns,
domestic animals)

2. Municipal (supplying water requirements of the community)

Irrigation (for producing agricultural crops)


Power generation (producing electrical or mechanical power)
5. Fisheries (propagation and culture of fish as commercial enterprise)
6. Livestock raising (large herds or flocks of animals raised as a commercial
3.
4.

enterprise)

7. Industrial (factoreies, industrial plants and mines, or a ingredient of a finished


product)
8.

Recreational (swimming pools, bath houses, boating, water skiing, golf courses,
etc.)

9. etc.

Art 11. The State may declare waters (not previously appropriated) exempt from
appropriation or may not be appropriated for other purposes

Art 12. Waters appropriated for a certain purpose may be applied for
another purpose only upon prior approval of the Council w/ a
condition that the new use does not unduly prejudice the rights of other
permitees, or require an increase in volume.
Art 13. No person, including the government shall appropriate water
w/o a water right (the privilege granted by govt to appropriate and use water)
evidenced by a water permit.
Art 14. Appropriation of water w/o permit is for those using a handcarried
receptacle of container; for bathing or washing, watering and dipping of
animals (domrstoc and farm, navigation of watercrafts or transportation
of logs and etc.
Art 15. Only Filipino citizens, of legal age, as well as juridical person
(naturalized citizens) are qualified to exploit and develop water
resources, and may apply for water permits.
Art 16. Those who like to obtain water permit shall file an application w/ the
Council that will make known to the public for any protests.
In determining whether tograns or deny, the Coincil shall consider the ff: upon
approval, permit shall be issued and recorded.
1.protest filed
2.prior permits granted
3.availability of water
4.water supply needed for beneficial use
5.possible adverse effects
6. land-use economics, and
7.other relevant factor
Art 17. The right to the use of water is acquired as of the date of filing of the
application for a water permit (for approved); or as of the date of actual
use (no permit is required)
Art 18. All water permits

Chapter IV. Utilization of Waters


Chapter V. Control of Waters
Chapter VI.
Conservation and Protection of Waters and Watersheds and Related
Land Resources
Chapter VII.
Administration of Waters and Enforcement of Provisions of This
Code
Chapter VIII.
Penal Provisions
Chapter IX. Transitory and Final Provisions