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LEGMANAGERS NOTES 1
Environmental Law: Week 1
WATERS, as used in this Code, refers to water under Can a person use rainwater without securing a
the grounds, water above the ground, water in the water permit?
atmosphere and the waters of the sea within the
territorial jurisdiction of the Philippines. - (Article 4 YES!! Article 6 of PD 1067
of PD 1067)
Article 6. The following waters found on private lands
belong to the State:
ARTICLE 16 OF PD 1067 (a) Continuous or intermittent waters rising on
such lands;
In determining whether to grant or deny an (b) Lakes and lagoons naturally occuring on
application for water permit, the Council shall such lands;
consider the following: protests filed, if any; prior (c) Rain water falling on such lands;
permits granted; the availability of water; the water (d) Subterranean or ground waters; and,
supply needed for beneficial use; possible adverse (e) Water in swamps and marshes.
effects; land-use economics; and other relevant
factors. The owner of the land where the water is found may
use the same for domestic purposes without securing a
Article 20 Beneficial use of water is the utilization permit, provided that such use shall be registered,
of water in the right amount during the period that when required by the Council. The Council, however,
the water is needed for producing the benefits for may regulate such when there is wastage, or in times
which the water is appropriated. of emergency
LEGMANAGERS NOTES 2
Environmental Law: Week 1
non-use;
gross violation of the conditions imposed in
the permit;
unauthorized sale of water;
willful failure or refusal to comply with rules
and regulations or any lawful order;
pollution, public nuisance or acts detrimental
to 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.
LEGMANAGERS NOTES 3