National

Water
Resources
Board Water Code of
the Philippines
( P.D. 1067 )

Presentation by:

Atty. Elenito M. Bagalihog

OIC, Office of the Deputy Executive Director
Concurrent Chief, Water Rights Division
National Water Resources Board

PRESIDENTIAL DECREE NO. 1067

otherwise known as the Water Code of
the Philippines

- A decree instituting a Water Code, thereby

revising and consolidating the laws governing the
ownership, appropriation, utilization, exploitation,
development, conservation and protection of
water resources.
National Water Resources Board

The Administrative enforcement of the

provisions of the Code including the granting of
permits and the imposition of penalties for
administrative violations are vested in the
National Water Resources Board, and except in
regard to those functions which under this Code
are specifically conferred upon other agencies of
the government, the Board is empowered to
make all decisions and determinations provided
in this Code.
National Water Resources Board

WATER AS USED IN THE CODE.

- Article 4 of the Code provides:
“ Water as used in this Code, refers to water
under the ground, water above the ground,
water in the atmosphere and the waters of the
sea within the territorial jurisdiction of the
Philippines.”
National Water Resources Board

A. ALL WATERS BELONG TO

THE STATE
National Water Resources Board

B. ALL THE WATERS THAT

BELONG TO THE STATE
CANNOT BE THE SUBJECT
OF ACQUISITIVE
PRESCRIPTION
National Water Resources Board

C. THE STATE MAY ALLOW THE

USE OR DEVELOPMENT OF
WATERS BY ADMINISTRATIVE
CONCESSIONS
 National Water Resources Board

Article 13 thereof states that “no person

including government instrumentalities
or government-owned or controlled
corporations shall appropriate water
without a “water right,” which shall be
evidenced by a document known as a
“Water Permit”.

Water Right is a privilege granted by the

government to appropriate and use
water.
National Water Resources Board

It further added under Article 15

thereof, that “only citizens of the
Philippines, of legal age, as well as
juridical persons who are duly
qualified by law to exploit and
develop water resources” may
apply for water permits.
National Water Resources Board

The general rule laid down under Article

13 that water cannot be appropriated
without a permit admits of certain
exceptions.

Second paragraph of Article 6 provides

that the owner of the land where the
water is found may use the water for
domestic purposes without securing a
permit.
National Water Resources Board

Likewise, under Article 14, if water is

appropriated by means of hand-carried
receptacles or when they are using
natural bodies of water for bathing or
washing, watering or dipping of
domestic farm animals, navigation for
water crafts or transportation of logs
and other objects of flotation, securing
a permit is no longer necessary.
National Water Resources Board

D. The utilization, exploitation,

development, conservation and
protection of water resources
shall be subject to the control
and regulation of the government
through the NWRB.
National Water Resources Board

E. PREFERENCE IN THE USE AND

DEVELOPMENT OF WATER
SHALL CONSIDER CURRENT
USAGES AND BE RESPONSIVE
TO THE CHANGING NEEDS OF
THE COUNTRY.
National Water Resources Board

Article 95 of PD 1067 provides.

“When priority in time of
appropriation from a certain source
of supply cannot be determined,
the order of preference in the use
of waters shall be as follows
National Water Resources Board

a. Domestic
b. Irrigation
c. Power Generation
d. Fisheries
e. Livestock
f. Industrial use, and
g. Other uses
This order of preference is resorted to only when
priority in time of appropriation cannot be
ascertained.
 National Water Resources Board

Article 22 provides, “Between two or more

appropriators of water from the same source of
supply, priority in time of appropriations shall give a
better right, except that in times of emergency, the
use of water for domestic and municipal purpose shall
have a better right over all other users.” Provided, that
where water shortage is recurrent and appropriator
for municipal use has a lower priority in time of
appropriation, then it shall be his duty to find an
alternative source of supply in accordance with
conditions prescribed by the Board.
 National Water Resources Board

MEASURE AND LIMIT OF APPROPRIATION OF WATER

The measure and limit of appropriation of water shall be
beneficial use.
Beneficial use of water is the utilization of water in the right amount
during the period that the water is needed for producing the benefits for
which the water is appropriated.
Water permit shall continue to be valid as long as water is
beneficially used: however, it may be suspended on the
grounds of: non-compliance with approved plans and
specifications or schedules of water distributions, use of
water for a purpose other than that for which it was granted,
non-payment of water charges, wastage; failure to keep
records of water diversion, when required, and violation of
any term or condition of any permit or rules and regulations
promulgated by the Board.
 National Water Resources Board

REVOCATION, MODIFICATION, CANCELLATION OF

WATER PERMIT.
Water permit may be revoked after due notice and hearing on
grounds of non-beneficial use; gross violation of conditions
imposed in the permit; unauthorized sale of water; willful
failure or refusal to comply with rules and regulations or any
lawful order, pollutions, public health and safety; when the
appropriator is found to be disqualified under the law to
exploit and develop natural resources of the Philippines;
when in the case of irrigation, the land is converted to non-
agricultural purposes; and other similar grounds.
TRANSFER OF WATER PERMIT
Water Rights may be leased or transferred in whole or in part
to another person with prior approval of the Board, after due
notice and hearing.
 National Water Resources Board

RESOLUTION OF WATER RIGHTS CONFLICTS

JURISDICTION OF THE BOARD
The Board shall have exclusive original jurisdiction
over all disputes relating to appropriation, utilization,
exploitation, development, control, conservation and
protection of waters within the meaning and context of the
provisions of the Code.
PROTESTS ON THE APPLICATION
Any person who may be adversely affected by the
proposed appropriation may file a verified protest with the
Board or with its deputized agency within 30 days after the
posting of the Notice of Application.
National Water Resources Board

DECISIONS OF THE BOARD

Decisions of the Board on water rights
controversies shall immediately be executory and
its enforcement may be suspended only when a
bond,in an amount fixed by the Board to answer
the damages occasioned by the suspension or
stay of execution, shall have been filed by the
appearing party, unless the suspension is by
virtue of an order of a competent court.
The Board has the power to issue writs of
execution and enforce its decisions with the
assistance of local or national police agencies.
National Water Resources Board

APPEAL/PETITION FOR RECONSIDERATION

AND/OR REINVESTIGATION
Appeal from the decision of the Board shall be
made by the party adversely affected within fifteen
(15) days from receipt of the decision unless a
motion for reconsideration or reinvestigation is filed
with the Board within the same period. The filing of
said petition suspends the running of the 15-day
period within which to file an appeal with the Court.
Only one petition for reconsideration/reinvestigation
accompanied by proof of service upon the other party
shall be entertained.
National Water Resources Board

Stay of Execution
The filing of petition for
reconsideration and/or reinvestigation
or an appeal with the Court of Appeals
shall not stay the execution of the
decision, resolution or order of the
Board unless a bond shall have been
posted.
National
Water
Resources
Board
WATER PERMIT
REQUIREMENTS
AND PROCESSING
National Water Resources Board

Uses of Water
 Domestic
 Municipal
 Irrigation
 Power Generation
 Fisheries
 Livestock Raising
 Industrial
 Recreational
 Other Purposes
National Water Resources Board (1/2)

When Permit/Authority
must be secured from NWRB

 Appropriation of water for any purpose

 Change in purpose of appropriation
 Amendment of an existing permit
 Transfer/Lease of water permit
 Temporary permit to appropriate and use of
water
 Developing a stream, lake, or spring for
recreational purpose
National Water Resources Board (2/2)

When Permit/Authority
must be secured from NWRB

 Lowering or raising the level of the water of

a lake, river, marsh, or draining the same
 Transbasin diversion
 Dumping of mine tailings or wastes into a
river or waterway
 Such other instances that will require a
permit as determined by the Board
National Water Resources Board

Qualifications of Applicants
for Permit/Authority
 Citizens of the Philippines
 Associations, duly registered cooperatives
or corporations organized under Philippine
laws, at least 60% of the capital of which is
owned by citizens of the Philippines
 Government entities and instrumentalities,
including government-owned or controlled
corporations
National Water Resources Board

Requirements

 Proof of Land Ownership

 Certificate of Registration/Conformance
 Vicinity Map
 Well Drilling Data
 SB/RDC endorsement (for LGU managed water facility)
 ECC/Certificate of Non-Coverage
 Such other documents as may be required
by the Board
National Water Resources Board

FLOW CHART OF PROCESSING OF

WPA
Requirements
WATER PERMIT APPLICATION

WPA Returned
Sending & Posting
To Applicant
Of Notices

Yes Hearing No WPA

Protest Decision
Investigation Denied

Yes
No

Permit Conditional
Evaluation Water Permit
To Drill Water Permit
National Water Resources Board (1/4)

Conditional Water Permit (CWP)

Conditions
 Upon receipt of the CWP, the grantee
shall manifest in writing his acceptance
thereof with all its terms and conditions
 National Water Resources Board (2/4)

Conditional Water Permit (CWP)

Conditions
 Within 1 year from the date of receipt, the
grantee shall :
Submit a copy of the plans and
specifications for the diversion works,
pump structure, water measuring device
and water distribution system
File an application for a Certificate of
Public Convenience (CPC)
 National Water Resources Board (3/4)

Conditional Water Permit (CWP)

Conditions
 The grantee shall install and maintain water
control and measuring devices to monitor
water level and releases/extraction and
water meters duly tested and sealed by the
Monitoring & Enforcement Division of the
NWRB and keep records of withdrawals to
be submitted to the Board on a quarterly
basis.
National Water Resources Board (4/4)

Conditional Water Permit (CWP)

Conditions
 The grantee shall pay the appropriate
Annual Water Charges during the validity
of the CWP.
National Water Resources Board

Water Permit Conditions

 Payment of Annual Water Charges
 Quarterly Record of Water Withdrawal
 Non-Use of Water for the purpose stipulated
in the water permit for a period of three
consecutive years from the date of
issuance or completion of diversion works
and necessary structures shall render the
permit null and void
National Water Resources Board (1/2)

Grounds for
Revocation/Cancellation

 Non-Use
 Gross violation of the conditions
imposed in the permit
 Unauthorized sale of water

35
National Water Resources Board (2/2)

Grounds for
Revocation/Cancellation

 Willful failure or refusal to comply with

rules & regulations of the Board
 Appropriator is found to be disqualified
under the law to exploit and develop
natural resources of the Philippines

36
National Water Resources Board

Thank You !