CIVIL CODE
Title IV, Chapter 1 Sec. 1 – Ownership of Waters
Art. 502 – The following are of public dominion:
1. Rivers and their natural bends;
2. Continuous or intermittent waters of springs and
brooks running in their natural bds and the beds
themselves;
3. Waters rising continuously or intermittently on
lands of public dominion;
4. Lakes and lagoons formed by nature on public
lands and their beds
5. Rain waters running through ravines or sand beds,
which are also of public dominion;
6. Subterranean waters on public lands;
7. Waters found within the zone of operation of
public works, even if constructed by a contractor;
8. Waters rising continuously and intermittently on
lands belong to private persons, to the State, to a
province, or to a city or municipality from the
moment they leave such lands;
9. The waste water of fountains, sewers and public
establishments.
Art. 503 – The following are of private ownership:
1. Continuous or intermittent waters arising on lands
of private ownership, while running through the
same;
2. Lakes, lagoons and their beds, formed by Nature
on such lands;
3. Subterranean waters found on the same;
4. Rain waters falling on said lands, as long as they
remain within the boundaries;
5. The beds of flowing waters, continuous or
intermittent, formed by rain water, and those of
brooks, crossing lands which are not of public
dominion.
In every drain or aqueduct, the water, bed, banks and
floodgates shall be considered as an integral part of the
land or building for which the waters are intended. The
owners of lands, through which or along the boundaries of
which the aqueduct passes, cannot claim ownership over
it, or any right to use of its beds or banks, unless the claim
is based on titles of ownership specifying the right or
ownership claimed.
Sec. 2 – The Use of Public Waters
Art. 504 – The use of public waters is acquired:
1. By administrative concession
2. By prescription for 10 years
The extent of the rights and obligations of the use shall be
that established, in the first case, by the terms of the
concession, and, in the second case, by the manner and
form in which the waters have been used.
WATER CODE
Chapter II: Ownership of Waters
Art. 5 – The following belong to the State:
1. Rivers and their natural beds
2. Continuous or intermittent waters of springs and
brooks running in their natural beds and the
beds themselves;
3. Natural lakes and lagoons;
4. All other categories of surface waters such as
water flowing over lands, water from rainfall
whether natural, or artificial, and water from
agriculture runoff, seepage and drainage;
5. Atmospheric water;
6. Subterranean or ground waters; and
7. Seawater.
Art. 6 – The following waters found on private lands
belong to the State:
1. Continuous or intermittent waters rising on
such lands;
2. Lakes and lagoons naturally occurring on
such lands;
3. Rain water falling on such lands, and
4. Water in swamps and marshes
Art. 3 – The underlying principles of this code are:
(a) All waters belong to the State
(b) All waters that belong to the State cannot be the
subject to acquisitive prescription.
(c) The State may allow the use or development of
waters by administrative concession.
(d) The utilization, exploitation, development,
conservation and protection of water resources
shall be subject to the control and regulation of
the government through the National Water
Resources Council, hereinafter referred to as the
Council.
(e) Preference in the use and development of
waters shall consider current usages and be
responsive to the changing needs of the
country.
Chapter II – Ownership of Waters
Art. 10 – Water may be appropriated for the following
purposes:
1. Domestic,
2. Municipal
3. Irrigation
4. Power generation
5. Fisheries

What changed?
Generally, the Water Code repealed parts
and/or provisions of the following:
 The provisions of the Spanish Law on
Waters of Aug. 3, 19866; the Civil Code
of Span of 1889 and the Civil Code of
the Philippines on:
o Ownership of waters
o Easements relating to waters
o Use of public waters
o Acquisitive prescription on the use
of waters
 Which are inconsistent with the
provisions of this Code.
AS TO WHAT BELONGS TO THE STATE:
 Under Art. 503 of the Civil Code, the
following are of private ownership:
1. Continuous or intermittent waters
rising on lands of private
ownership, while running through
the same;
2. Lakes, lagoons and their beds,
formed by nature on such lands,
3. Rain waters falling on said lands,
as long as they remain within their
boundaries;
4. The beds of flowing waters,
continuous or intermittent,
formed by rain water, and those
of brooks, crossing lands which
are not of public dominion.
 However, under Art. 5 of the Water
Code, the following now belong to the
State:
1. Lakes and lagoons;
AS TO PRESCRIPTION:
 Under Art. 504 of the Civil Code, “The
use of public waters is acquired: (1) by
administrative concession, and (2) by
prescription of 10 years.”
 However, under Art 3 (b) of the Water
Code, “All waters that belong to the
State cannot be the subject to
acquisitive prescription.” Furthermore,
(c) of the same article provides that:
“The state may allow the use or
6. Livestock raising
7. Industrial
8. Recreational, and o
9. Other purposes
development of waters by
administrative concession.”
AS TO SUBTERRANEAN WATERS:
 Art. 512 of the Civil Code provides that:
“Only the owner of a piece of land, or
another person with his permission,
may make explorations thereon for
subterranean waters, except as
provided by the Mining Law.
Exploration for subterranean waters on
lands of public dominion may be made
only with the permission of the
administrative authorities.”
 However, Art. 32 of the Water Code
provides: The utilization of
subterranean or ground water shall be
coordinated with that of surface waters
such as rivers, streams, springs and
lakes, so that a superior right in one not
adversely affected by an inferior right in
the other. For this purpose the Council
shall promulgate rules and regulations
and declare the existence of control
areas for the coordinated development,
protection, and utilization of
subterranean or ground water and
surface waters. Control area is an area
of land where subterranean or ground
water and surface water are so
interrelated that withdrawal and use in
one similarly affects the other. The
boundary of a control area may be
altered from time to time, as
circumstances warrant.”
AS TO EASEMENTS:
 Art. 637 of the Civil Code provides: “Lower
estates are obliged to receive the waters
naturally and without the intervention of
man descend from the higher estates, as
well as the stones or earth which they
carry with them. The owner of the lower
estate cannot construct works which will
impede this easement; neither can the
owner of the higher estate make works
which will increase the burden.”
 However, Art. 50 of the Water Code
provides that: “Lower estates are obliged
to receive the waters which naturally and
without the intervention of man flow from
the higher estate, as well as the stone or
earth which they carry with them. The
owner of the lower estate cannot
construct works which will impede this
natural flow, unless he provides an
alternative method of drainage; neither
can the owner of the higher estate make
works which will increase this natural
flow.”