Republic of the Philippines

Department of Environment and Natural Resources

NATIONAL WATER RESOURCES BOARD

1103 0611
RESOLUTION NO.---,----..,---
Revised Policy on Granting of Water Rights Over Surface Water for Hydropower Projects

The NATIONAL WATER RESOURCES BOARD ("the Board"), a government

institution , created and existing under Philippine laws, with office address at 8 111 Floor NIA
Building, EDSA, Quezon City, states :

WHEREAS , the Board as the agency responsible for the management of water resources
is mandated undet the Water Code of the Philippines (Presidential Decree 1067), to regulate the
utilization of water through the water rights system. A water permit is issued for different
purposes: municipal, irrigation, power generation, fisherie2, livestock raising, industrial ,
recreational and other purposes;

WHEREAS , to ensure equitable policy in grantiilg water permits, technical guidelines

were developed . Power generation as defined in the Water Code of the Philippines is the
utilization of water for producing electrical or mechanical power. For all types of hydropower
projects (i .e. reservoir hydroelectric power plants, run-offrfver·hydroelectric plants without ponci
and run-off river hydroelectric plants with pond, etc.) the Board uses the flow dur::ttion curve in
computing hydropower potential based from the 80% of the time dependable flow with due
consideration on the environmental or minimwn flows to be maintained in rivers;

WHEREAS , the thrust of the Department of Energy (DOE) is to harness and maximize
renewable energy (i .e hydropower) as potential source of power to meet increasing demand as
well as to adopt a climate change adaptation strategy;

WHEREAS, there has been concerns that the computation of 80% de pendable flow for
rivers in allocation of water for hydropower projects reduces their optimum rated power
capacity. Hence, there is a need to review the existing NWRB policy to be responsive to current
issues and concerns;

NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to

adopt the following policies in granting water rights for all types of hydropower projects:

1. Water Permit Applicaiion

Water Permit Application shall include existing docwnentary requirements together

with DOE Certificate of Registration and DOE Certificate of Endorsement of the
project.

8TH Floor NIA Bldg ., EDSA, Diliman, Quezon City, PHILIPPINES 1100
Tel. (63.2)9282365, (63.2)9202775, (63.2)9202693, Fax (63.2)9202641, (63.2)9202834
www.nwrb gov.ph
2. Conditional Water Permit

a. The Conditional Water Permit (CWP) shall be; valid for a period of two years
upon approval of the Board and may be extended for one year upon request by
the applicant stating the reason.

b. The CWP Permit shall be revoked automatically upon the expiration of the
Renewable Energy (RE) Contract with DOE.

• water permit shall be issued after compliance on the conditions stipulated on

said permit.

• water permit may be revoked/cancelled, upon recommendation of DOE and/or

if violations on PD 1067 was committed, after due notice and hearing.

3. Technical Evaluation
....
a. In general, dependable flow of rivers, which is 80% of flow duration shall be
used in technical evaluation to determiJ:W~ th~ available water to be allocated
(maximum amount to be granted in fae water. permit application) and an
environmental flow of 1 0% of the depenctable flow shall be retained .
.
b. New water permit applications for hydropbwer over sites located upstream of the
diversion point within the river system of existing CWP holders shall only be
accepted upon endorsement by the DOE.

c. For applications, requiring more than. the 80% dependable flow, the following
additional documents shall be required:

• Hydrologic Study with annual energy generation estimate as well as the

production capacity of the plant based from technical description of the
facilities (turbine type, installed capacity, head, etc.) duly certified by the
Department of Energy as to technical accuracy of data/information.

• Type of hydropower projects, schematic development plan indicating the

location of the diversion point and the power house with their elevations and
distance.

• Assessment of possible effect or impact of the hydropower project on the

ecological integrity ofthe river system.

• The amount of water to be granted shall be based on the amount of water

available from the source, discharge applied for and discharge required,
whichever is applicable

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 Eo a o s 13
4. Other conditions in the Water Permit

a. To submit operation rule

b. Gauging stations shall be installed upstream and downstream of the diversion

point to measure the inflow and outflow.

c. Proponent shall submit to NVv'RB the following data on a monthly basis:

• the daily record of actual water utilized and power generated

• the daily record of streamflow data
• other relevant data/information that maybe required by the Board

d. The NWRB in collaboration with the Department of Energy shall monitor the
co~pliance set in the Water Permit and related policies issued by the Board.

e. Other conditions that may be required by tlie Board:

IN WITNESS WHEREOF, we have hereUlltO set_~ur h.and this June 14,2013 in Quezoc.
City.

Jesu~~' DENR ;C~-airperson)

1- Sec. Ramon
rep. Use~~ if;;r:~trio L. Ignacio Jr

Dir. Gen. Ars~n, NEDA (Vice Chair)

rep. Deputy Dir. Gen. Rolando G. Tungpalan

Members:

Sec.~OsT
f ~rep. Dir. Eduardo V. Manalili

Dir. Gl-::Q. ~.:.:ll, NHRC-UP

3
 Republic of the Philippines
Department of Environment and Natural Resources
NATIONAL WATER RESOURCES BOARD

Policy Guidelines on Granting of Water Rights Over Surface Water for

Hydropower P roj ects

Adoption of the followi ng polic ies with guidelines in granting water rights for all
types of hydropower projects:

1. Water Permit Application

Water Permit Application shall include existing documentary requirements together with
DOE Certificate of Registration and DOE Certificate of Endorsement of the project.

Guidelines:

a. All applications shall be filed in the prescribed j~}-m sWorn to by the applicant and
supported by the following documents:

a.l. Proof of land ownership, legal title to, or right to use, the property on which the
water source is situated; Right to use the land from appropriate government
agency in case the water source is located :r_v it~in' inalienable land or public
domain;

a.2. Certificate of Registration from relevant agencies i.e. Department of Trade and
industry (DTJ), Cooperative Development Authority (CDA), Securities and
Exchange Comm ission (SEC) with Articles of Incorporation (for Corporation or
Association) including Corporate Secretmy 's Certification on present capital
structure stating the citizenship and the number ofshares ofeach stockholder;

a.3. Schematic Diagram ofproposed development / Vicinity Map/Location Plan with

scale 1:10, 000 or 1:50,000 showing the exact location of the point of diversion;

a.4. Brief description of the project stating among others , how water will be used,
amount of water needed, power to be generated, etc.;

a.5. Environmental Compliance Certificate (for projects considered as

Environmentally Critical Projects or projects located in Environmentally
Critical Area.'>) or Certificate of Non-Coverage from Department of
Environment and Natural Resources (DENR) -Regional Office;

a. 6. Certificate of Registration and Endorsement of the Project ji-om Department

of Energy (DOE) ; and

a. 7. Such other documents that may be required by the Board.

8TH Floor NIA Bldg ., EDSA, Diliman , Quezon City, PHILIPPINES 1100
Tel. (63.2)9282365, (63.2)9202775, (63.2)9202693, Fax (63.2)9202641, (63.2)9202834
www.n wrb.gov.ph
 b. Processing of Water Permit Application shall be in accordance with Sec 9 and 10 of
the Amended Implementation Rules and Regulations (IRR) of the Water Code ofthe
Philippines.

2. Conditional Water Permit

a. The Conditional Water Permit (CWP) shall be valid for a period of two years upon
approval of the Board and may be extended for one year upon request by the
applicant stating the reason.

Guidelines:

a.J. The Board shall approve/disapprove Water Permit Application in accordance

with Section 13 ofthe IRR of the Water Code of the Philippines.

a.2. Approved applications shall be issued with a Conditional Water Permit (CWP)
valid for a period of two years upon apJ!fovaL of the Board and may be
extended for one year upon request by the applicant stating the reason therein,
with the If conditions: -;; ~ "',
..
,
•
i. Upon receipt of a copy of the CWP, the..grantee shall manifest in writing his
acceptance thereof with all its terms and.~onditions.
.
,..~

ii. Within two (2) years from the date hereof,. the grantee shall submit:

ii.l. Right. to use the land from appropriate government agency in case the
water source is located within inalienable land or public domain;
'-
ii.2. Copy of the plans and specifications for the diversion works, pump
structure, water measuring device and other required structures;
ii.3. Actual daily streamflow data measuremen( of the proposed water
source;
ii.4. Environmental Compliance Certificate /Certificate of Non-Coverage
issued by DENR; and
ii.5. Free and Prior Informed Consent (FPIC) from National Commission
on Indigenous People (NCIP)

iii. The grantee .shall install and maintain water control and measuring devices
to monitor water level and releases/extraction and keep records of water
withdrawals to be submitted to the Boqrd in a quarterly basis

iv. The grantee s'hall pay the appropriate annual water charges during the
validity of the Conditional Water Permit.

a.3. If the applicant fails to comply with the conditions set forth under the
Conditional Water Permit within the two- year period, the said permit shall be
considered automatically revoked However CWP may be extended/or another
one year, upon request prior to its expiration, under justifiable circumstances.

2
 b. The CWP Permit shall be revoked automatically upon the expiration of the
Renewable Energy (RE) Contract with DOE.

Guideline:
'-··
The NWRB in coordination with DOE shall be informed in writing of the expiration of
Renewable Energy Development Service Contract of the proponent.

b.l Water permit shall be issued after compliance on the conditions stipulated on
said permit.

Guideline:

Water Permit will be issued upon compliance of the applicant with the
conditions set forth under the Conditional Water Permit.

b.2 Water permit may be revoked/cancelled, upo.Q- recommendation of DOE and/or

if violations on PO 1067 was committed, after-due notice and hearing .
.
b.3. The Water Permit shall be considered revokej"~r c"'ancelled once the Renewable
Energy Service/Operating Contract is deniel_imd /or cancelled with finality by
the DOE.

3. Technical Evaluation

a. In general, the 80%-dependable flow of rivers shall be used in technical evaluation to

determine the available water to be allocated (maximum amount to be granted in the
water permit application) and an e,nvironmental flow of 0.1 of the 80%-dependable
flow shall be retained.

Guidelines:

a. I The available water for appropriation in a river is 0. 9 of the 80%-dependable

flow.

a.2. Total water usage, both consumptive and non consumptive, of existing water
permittees in the particular watershed system shall likewise be considered

b. New water permit applications for hydropower over sites located upstream of the
diversion point within the river system of existing CWP holders shall only be
accepted upon endorsement by the DOE.

c. For applications, requiring flow capacity more than the 80%-dependable flow, the
following additional documents shall be required :

In addition to the documentary requirement for filing application mentioned above

the following documents shall be required:

3
c. I. Hydrologic Study with reliability of finn water and finn energy generation
estimate as well as the production capacity of the plant based from technical
description of the facilities (turbine type, installed capacity, head, etc.) duly
certified by the Department of Energy as to technical accuracy of
datalinfonnation.

Guideline:

The hydrologic study shall include the following:

i. Technical description of the following facilities :

i.l . weir/dam (runoff the river)

i.2. dam with reservoir area, storage capacity versus water levels
(reservoir type) with provision of facility for the release of required
environmental flow
i.3. turbine. (type/ specifications)
i.4. Penstock and tailrace and diversion re.f~ch

ii. Other data for operation such as: '• .

ii.l . Riverjlows
ii.2. Rainfall data
ii.3. Power to be generated in KWHIMWJi .;;;>-
ii.4. Other operational data

c.2. Type of hydropower projects, schematic development plan indicating the

location of the diversion point and the power house with their elevations and
distance.

Guideline:

The plan for any type of hydropower project shall include the following:

i. Vicinity map showing the proposed hydropower plan

ii. Geographical coordinates of water source/diversion, location of dam/weir
and the power house
iii. Schematic diagram showing the reservoirlstorage/headpond, river course,
dam/weir, powerhouse, penstock, tailrace, diversion reach, access roads and
transmission lines, net head

c.3 . Environmental/ecological study of possible effect or impact of the hydropower

project on the river ecosystem

Guideline:

In addition to the submission of ECC, the proponent shall submit a

sustainability plan to prevent or mitigate the adverse impact to the river
ecosystem.

4
 c.4. The amount of water to be granted shall be based on the amount of water
available from the source, discharge applied for and discharge required,
whichever is applicable.

Guidelines:

i. Available flow shall be based on the result ofevaluation of hydrologic and

ecological studies as well as operational data submitted

ii. Total water usage, both consumptive and non consumptive, of existing
water permittees in the particular watershed system shall likewise be
considered

4. Other Conditions in the Water Permit

a. To submit operation rule.

"•\

Guidelines:

i. The operation rule shall include operation guidelines.

ii. The operation rule shall be subject for Board's app~oval.
iii. The operation rule shall be reviewed every thre?;years.

b. Gauging stations shall be installed upstream and downstream of the diversion point to
measure the inflow and outflow.

Guideline:

The proponent shall install gauging stations with measuring device for iriflows and
outflows in the reservoir and at the tailrace end to measure the water diverted back
to the river.

c. Proponent shall submit to NWRB the following data on a monthly basis:

c.l. the daily record of actual water utilized and power generated
c.2. the daily record of streamflow data
c.3. other relevant data/information that maybe required by the Board

Guideline:

The following data shall be submitted by the proponent to NWRB in a monthly basis:

i. For any type of hydropower project:

i. I. the daily record of streamflow data, actual water utilized and power
generated

5
 ii. For a reservoir type hydropower project:

ii. 1. daily reservoir water level compared to the rule curve

ii.2. daily record of inflows and outflows
ii.3. Utilization rate

d. The NWRB in collaboration with other concerned agencies shall monitor the
compliance set in the Water Permit and related policies issued by the Board.

Guidelines:

i. The NWRB in coordination with DOE and other concerned agencies shall be
provided with relevant operation data as provided by the hydropower
operator/ water permittee.

ii. The NWRB and DOE and other concerned agencies shall jointly monitor the
compliance of the water permittee.

This policy guidelines was passed and approv~d on 'october 16, 2013 during the
NWRB ' s 123rd Board Meeting, pursuant to NWRB Board Resolution No. 03-0613 dated
June 14, 2013 on the " Policy on Granting Water Rights over Surface Water for
.;.
Hydropower Projects".

6
 Republic of the Philippines
Department of Environment and Natural Resources
NATIONAL WATER RESOURCES BOARD

l!liiental Policy Guidelines on Granting of Water Rights Over Surface Water for
Hydropower Projects Requiring More Than 80%-Dependable Flow and Granting of
Increase in Volume for Approved Water Permits

The National Water Resources Board (NWRB) issues water permit for
projects based from water availability computation of80% of the time dependa

In consonance with the current thrust of the Department of Ener

and maximize renewable energy as a viable source of power, and n
increasing energy requirements of the country as well as to adopt a c ·
strategy, the Board issued NWRB Board Resolution No. 03-0613
"Revised Policy on Granting of Water Rights Over Surface Water
which allows the use of more than 800/o dependable flow in a rive; 011Mn~
technical evaluation of the water permit application for hydropo
amount of Wl¢er available that will correspond to the amount
water permit · Pursuant to this, the Board during its 123rd regu meeting held on October 16,
2013, the NWRB Board. passed and approved the "Policy idelines on Granting of Water
Rights over Surface Water for Hydropower Projects".

In gran • g water rights for

up to the 80o/o-d pendable flow or I
environmental ecological purpo
dependable flow NWRB requires

1.

a. An inventory of the flora and fauna and the current environment (ecological
condition) of the area without the project supported by data and photos.

b. Identification of the possible impacts (positive and negative) of the proposed

project to the existing environment and river ecosystem. Impacts to be presented
in numerical values can be determined through simulation using for instance, the

8THFioorNIABidg., EDSA, Dillman, Quezon City, PHILIPPINES 1100

Tel. (63.2)9282365, (63.2)9202n5, (63.2)9202693, Fax (63.2)9202641 , (63.2)9202834
' www.nwrb.gov.ph
 HEC-RAS, model of the U.S. Army Corps of Engineers which is a river hydraulic
model covering sediment transport and water quality as well as modeling
hydraulic structures such as culvert, bridges, levees and storage areas.

c. Detailed analysis of the impacts supported by scientific data together with the
mitigating measures that will be implemented.

The analysis and results should be able to compare the hydraulic conditions as
well as environmental or ecological conditions: I) without the project based on
historical hydrology; 2) with the project based on historical hydrology; and 3)
with the project under certain future hydrology due to projected land use changes
and climate change. In case 3, certain mitigating measures or alternative actions
may be included in the analysis and simulation studies.

Water quality parameters such as turbidity, temperature, dissolved oxygen and

sediment yield shall be included in the analysis through model simulations (e.g.,
using the HEC-RAS computer model). Simulation results shall be compared with
the following allowable values:

Parameter Unit Allowable Values

Temperature oc rise 3 (maximum rise)*

Dissolved oxygen milligrams/liter 5 (minimum) *
(mg/1)
Color or turbidity No abnormal
discoloration from
unnatural causes*
Sediment yield (for basin ton/sq. km./year I**
area of more than I 00 sq.
km.)
•
..
DENR Admtmstrattve Order No. 34 Sertes of 1990
** Erosion and Sediment Yield: Global and Regional Perspectives by Walling
and Webb; International Association of Hydrological Sciences (IAHS)
Publication No. 236

The affected environment is the existing condition that will be used as the
baseline against which to measure the effects of the proposed project and any
alternative actions.

2. Applications using irrigation canals as source do not require environmental/ecological

study and sustainability plan. However, the applicant shall submit the following:

a. Authorization from the owner of the irrigation canal for the right to use the
canaVirrigation facility by the hydropower project proponent and/or Memorandum
of Agreement between the hydropower project proponent and the owner of the
irrigation canal stipulating the obligations of each party under certain conditions.

b. Scheme of the project development.

3. For applications in which the available discharge to be granted is less than the amount
of water applied for/required, a business model/viability plan of the hydropower project
 is required for submission to NWRB to prove that the objective of the project can still
be met with the amount of water granted. Presentation of such plan by the project
proponent to the NWRB Board may be required.

4. For approved water permits, petitions for. increase in volume .for hydropower projects,
requires submission of environmentaVecological study and sustainability plan to the
NWRB. Otherwise, the request will be denied.

This supplemental policy guidelines was passed and approved on March 19, 2014
during the NWRB Board' s 128lh meeting, pursuant to NWRB Board's Resolution No. 03-0613
dated June 14, 2013 on the "Policy on Granting Water Rights Over Surface Water for
Hydropower Projects ".

SEVILLO A~. JR., Ph.D.

Executive Director