PD 1067

THE WATER CODE

OF THE PHILIPPINES
December 31, 1976

PRESENTED BY:
APRIL MAE C. ALEJANDRE
JOANA ROSE R. OVILLE
The objectives of this Code are: (Art. 2)

a. To established the basic principles and framework relating to

the appropriation, control and conservation of water resources to achieve
the optimum development and rational utilization of these resources;
b. To define the extent of the rights and obligations of water users and
owners including the protection and regulation of such rights;
c. To adopt a basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and protection of water
resources and rights to land related thereto; and
d. To identify the administrative agencies which will enforce this Code.
The principles of this code are: (Art. 3)

a. All waters belong to the State and that it cannot be a 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
d. Preference in the use and development of waters shall consider current
usage and be responsive to the changing needs of the country.
What is water? (Art. 4)
Refers to water under the grounds, water
above the ground, water in the
atmosphere and the waters of the sea
within the territorial jurisdiction of the
Philippines.
Waters that belongs to the State (Art. 5)
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs and brooks running in
their natural beds and the beds themselves
c. Natural lakes and lagoons;
d. 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;
e. Atmospheric water;
f. Substerranean or ground waters; and
g. Seawater
Waters found on private lands also belongs to the States (Art. 6)
a. Continuous or intermittent waters;
b. Lakes and lagoons naturally waters;
c. Rain water;
d. Subterranean or ground waters; and,
e. Waters in swamps and marshes.

The owner of the land can use the same for domestic purposes without
securing a permit. However, the Council, may regulate such use when:
• there is wastage; or
• in times of emergency.
APPROPRIATION OF WATERS (Art. 9)
- it is the taking or diverting of waters from a natural source in the manner and
for any purpose allowed by law; or
- is the acquisition of rights over the use of waters.

Water may be appropriated for the following purposes: (Art. 10)

a) Domestic
b) Municipal
c) Irrigation
d) Power generation
e) Fisheries
f) Livestock raising
g) Industrial
h) Recreational
i) Other purposes
By reason of public policy, the State can declare waters not previously
appropriated be exempt from appropriation for any any or all purposes.
(Art. 11)

if waters have been appropriated for a particular purpose it may also be

applied for another purpose, on the following conditions:
- prior approval of the Council; and
- that the new use does not prejudice the rights of other permits or
require an increase in the volume of water. (Art. 12)
WATER RIGHT (Art. 13)
• Is the privilege granted by the government to appropriate and use water.

WATER PERMIT
- is the document evidencing the water right.

Can a person appropriate water without a water right? How about

government instrumentalities or government-owned or controlled
corporations?
GENERAL RULE: NO person, including government instrumentalities or
government-owned or controlled corporations, shall appropriate water without a
water right

EXCEPTION (ART. 14): any person may appropriate or use natural bodies of
water without securing a water permit, if:
a. Appropriation of water is by means of hand carried receptacles; and
b. Bathing or washing, watering or dipping of domestic or farm animals, and
navigation of watercrafts or transportation of logs and other objects by flotation.
Who are qualified by law to exploit and develop water resources and
can apply for water permits: (Art. 15)

• Citizens of the Philippines, of legal age; and

• Juridical persons
• Associations, duly registered cooperatives or corporations organized
under the laws of the Philippines, at least 60 percent of the capital of
which is owned by citizens of the Philippines;
• Government entities and instrumentalities, including government-owned
and controlled corporations. (IRR Section. 3)
In granting or denying an application, the Council shall consider the following:
protests filed, if any; prior permits granted; the availability of water; the water
supply need for beneficial use; possible adverse effects; land-use economics;
and other relevant factors. (Art. 16)

The right to the use of water is deemed acquired as of the date of filing of the
application for a water permit in case of approved permits, or as of the date of
actual use in a case where no permit is required. (Art. 17)

All water permits granted shall be subject to the conditions of beneficial use,
adequate standards of design and construction, and such other terms and
conditions as may be imposed by the Council. (Art. 18)
Water permits shall specify:
● the maximum amount of water which may be diverted or withdrawn;
● the maximum rate of diversion or withdrawal;
● the time or times during the year when water may be diverted or
withdrawn;
● the points or points of diversion or location of wells;
● the place of use;
● the purposes of which water may be used; and
● such other requirements the Council deems desirable.

Beneficial use of water (Art. 20)

• 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.
• Is the measure and limit of appropriation of water.
The Council shall prescribed the standards of beneficial use for the appropriation
of water for different purposes and conditions, and the use of waters which are
appropriated shall be measured and controlled in accordance therewith.

Every appropriator of water shall maintain water control and measuring devices,
and keep records of water withdrawal, except for domestic use. (Art. 21)

Between two or more appropriation of water from the same source of supply,
priority in time of appropriation shall have a better right.
EXCEPT: In times of emergency, the use of water for domestic and municipal
purposes shall have a better right over all other use. Where water shortage is
recurrent and the 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 Council. (Art. 22)
Priorities may be altered on the ground of:
● greater beneficial use;
● multi-purpose use; and
● other similar grounds.
After due notice and hearing and payment, subject to the payment of
compensation. (Art. 23)
When the water shortage is recurrent, the use of the water pursuant to a permit
may be reduced in the interest of equitable distribution of benefits among legal
appropriators, after due notice and hearing.. (Art. 26)

What is the meaning recurrent water shortage?

Recurrent water shortage shall mean the natural periodic diminution of water in a source
of supply to a volume or rate of flow insufficient to meet the water requirements of all
legal appropriator therefrom. (IRR Sec. 19)

Water users shall bear the diminution of any water supply due to natural causes or
force majeure. (Art. 27)
To prevent recurrent water shortage, the National Water Resources Board shall
instruct the concerned appropriators to develop other source/s of water.

In such case, the Board may recommend to the President to fast track the
development of the identified source/s. Pending the development of the identified
source/s, the Board may recommend to the President, necessary measures to
augment/optimize the water supply to satisfy the demand, including the possible
declaration of a water shortage or crisis. (Amended IRR Sec. 21)
Validity of Water Permits (Art. 28):
Water permits are valid as long as water is beneficially used;

However, it may be SUSPENDED, on ground of:

● non-compliance with approved plans and specifications or schedules of water
distribution;
● 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 of rules and regulations
promulgated by the Council.
Temporary permits may be issued for the appropriation and use of water for short
periods under special circumstances.
Water permits may only be revoked after due notice and hearing
on following GROUNDS (Art. 29):
● 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.

All water permits are subject to modification or cancellation by the Council, in

favor of a project of greater beneficial use or for multipurpose development (Art.
30)
UTILIZATION OF WATERS
- In the development of water resources the security of the State, multiple use,
beneficial effects, adverse effects and costs of development shall be
considered (Art. 31)

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 is not adversely affected by an
inferior right in the other. The council shall promulgate rules and regulations
and declare the existence of control areas for the coordinated development,
protection, and utilization of subterranean or groundwater and surface waters.
- Control area is an area of land where subterranean or groundwater 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.(Art. 32)
UTILIZATION OF WATERS

- Water contained in open canals, aqueducts or reservoirs of private persons

may be used by any person for domestic purpose or for watering plant (Art. 33)

- Works for the storage, diversion, distribution and utilization of water resources
shall contain adequate provision for the prevention and control of
diseases (Art. 35)

- When the reuse of waste water is feasible, it shall be limited as much as

possible, to such uses other than direct human consumption. (Art. 36)
CONSTRUCTION OF DAMS, BRIDGES AND OTHER STRUCTURES

- Authority from the DPWH must be secured in the construction of dams,

bridges and other structures across of which may interfere with the flow of
navigable or floatable waterways. (Art. 38)

- EXCEPT: In cases of emergency to save life or property, the construction

or repair of dams for the diversion or storage of water; structures for the use of
water power; installations for the utilization of subterranean or ground water
and other structures for utilization of water resources can be undertaken after
plans and specifications thereof are approved by the proper government
agency. (Art. 39)
THE FOLLOWING ACTIVITIES REQUIRES A PERMIT FROM THE COUNCIL OR PROPER
GOVERNMENT AGENCY:
● Developing a stream, lake or spring for recreational purposes; (Art. 41)
● Lowering or raising the level of the water of a lake, river or marsh, or draining the
same; (Art. 43)

In the following instances, the granting of permit is delegated by the Board to the
corresponding agencies indicated and permit pertaining to any of these instances shall
be secured from such agency:
● Excavation for the emission of a hot spring or for the enlargement of the existing

opening (Art. 41) – Department of Energy (DOE);

● Cloud seeding to induce rainfall (Art. 42) – subject to other requirements by the
Board in coordination with PAGASA
● Recharging groundwater supplies – DENR
Drainage systems
- shall be so constructed that their outlets are rivers, lakes, the sea, natural
bodies of water, or such other water course as may be approved by the
proper government agency. (Art. 44)
- The cost of construction and maintenance of a drainage channel shall be
borne by those who constructed the same for their benefit (Art. 45)
- In employing artificial means to drain water from higher to lower land, the
owner of the higher land shall select the routes and methods of drainage that
will cause the minimum damage to the lower lands. (Art. 46)
- When a water resources project interferes with the access of landowner to a
portion of his property or with the conveyance of irrigation or drainage water,
the person or agency constructing the project shall bear the cost of
construction and maintenance of the bridges, flumes and other structures
necessary for maintaining access, irrigation, or drainage, in addition to paying
compensation for land and incidental damages. (Art. 48)
Easement
- Any person having an easement for an aqueduct may enter upon the servient
land for the purpose of cleaning, repairing or replacing the aqueduct or the
removal of obstructions therefrom.

- Lower estates are obliged to receive the waters which naturally and without the
intervention of man flow from the higher estates, as well as the stone or earth
which they carry with them. (Art. 50)

- The banks of rivers and streams and the shores of the seas and lakes
throughout their entire length and within a zone of three (3) meters in urban
areas, twenty (20) meters in agricultural areas and forty (40) meters in forest
areas, along their margins, are subject to the easement of public use in the
interest of recreation, navigation, floatage, fishing and salvage. (Art. 51)
 CONTROL OF WATERS
(Control, Conservation, and Protection)
Articles 53-65

• Section 53 - To promote the best interest and the coordinated protection of flood plain lands,
the Secretary of Public Works, Transportation and Communications may declare flood control
areas and promulgate guidelines. This is now the Department of Public Works and Highways
or DPWH) mandated to:
• The planning of infrastructure, such as national road and bridges, flood control, water
resources projects and other public works
• The design, construction, and maintenance of national roads and bridges and major
flood control system.
• Article 54 - In declared flood control areas rules and regulations may be promulgated to
prohibit and control activities that may damage or cause deterioration of lakes, dikes, obstruct
waterflow and change the natural flow of rivers.
• Section 38 of the IRR – Establishment of Flood Control Areas - The DPWH Secretary, when
deem necessary to declare flood control areas to protect flood plain lands, shall:
• Publish the same in three (3) newspaper of general circulation
• Setting forth the purpose of the declaration
• The geographic limits of the declared control area
• Necessary regulations to achieve the objectives

• Section 39 of the IRR – Inter-Agency Flood Plain Management Committee – The DPWH shall
form a committee for each flood control area, the members shall include, but not limited to,
representatives of the following:
• DPWH • Department of Agriculture
• DENR • PAG-ASA
• DILG • Concerned LGU
• NEDA • National Water Resource Board
• National Hydraulic Research Center
• Functions of the Inter-Agency Flood Plain Management Committee

1. To establish close liaison among national and local government entities and promote
the best interest and the coordinated protection and management of flood plain lands
for the mitigation of flood damages viewed in a larger context to include other aspects
such as environmental quality and public health, safety and welfare;
2. To provide guidelines for local governments in the formulation of regulatory
ordinances regarding flood plain use and occupancy;
3. To draft and recommend guidelines for flood plain management in a particular flood
control area in order to achieve the goals and objectives thereof; and
4. To perform such other functions as the Secretary may direct.
• Section 32 of the IRR – When Permit/Authority from DPWH is required:
1. Construction of dams, bridges and other structures in navigable or floatable
waterways;
2. Cultivation of river beds, sand bars and tidal flats upon clearance from
DENR;
3. Construction of private levees, revetments and other flood control and river
training works; and
4. Restoration of river courses to former beds.

• Section 33 of the IRR - Place of Filing Applications of Permit/Authority –

Applications for permit/authority under the next preceding section may be filed
with the Department of Public Works and Highways District Engineering Office
in the province where the project is to be undertaken.
• Article 55 - The government may construct necessary flood structures.

• Article 56 - Riverbeds, sandbars and tidal flats may not be cultivated without prior permission
from the Secretary of PWTC. It shall not be granted if such permission may obstruct the flow
of water that may cause increase flood level and cause damage to other areas.

Sand Bar River Bed Tidal Flats

• Section 36 of the IRR – Permit to cultivate riverbeds, sand bars, and tidal flats is non-
transferable and shall not be construed as authorizing reclamation of the area covered by
permit or confers ownership
by acquisitive prescription.
• Article 57 - Any person may erect levees or revetments to protect his property from flood, or
encroachment of rivers provided that it does not cause damage to other property.
• Article 58 – When river or stream changes its course to travers
private lands, the owners of the affected lands may not compel the
government to restore the river to its former bed; nor can they
restrain the government from reverting the same to its former
course.
• The owners of affected lands are not entitled compensation
• However, the former owners of the new bed shall be the
owners of the abandoned bed in proportion to the area lost
by each.

• Article 59 – Rivers, lakes and lagoons may be declared navigable

in part or in whole upon recommendation of the Philippine Coast
Guard. (Section 30 2nd par of the IRR)
 • Article 60 – Rafting of logs and other objects on rivers and lakes
which are floatable may be controlled or prohibited when: 1. It causes
pollution of water used for domestic purposes, 2. It causes danger to
structures for irrigation power and flood control (Sec 40 of the IRR)

• Section 30 of the IRR – Prohibited

Construction on Navigable or floatable
Waterways - Except when allowed, the
Board shall recommend to DPWH,
DILG, or the LGU the removal of
dams, dikes, any structure or works
that encroach into any public
navigational or floatable rivers,
streams, coastal water, water ways,
bodies of water, or obstruct or impede
the free passage of water or cause
inundation.
• Article 61 – The impounding of water in ponds or reservoirs may be prohibited
by the Council upon consultation of DOH, if it is dangerous to public health. It
may be ordered be drained if such is necessary for the protection of public
health. ( Section 41 of the IRR)

• Article 64 – The Council shall:

• Approve the manner, location, depth, and spacing in which borings for
subterranean or ground water may be made
• Determine the requirements for the registration of every boring or
alteration of every boring
• No person shall drill a well without
prior permission from the Board.
• Article 65 – Water from one river basin may be transferred to
another only with approval of the Council. In consideration of such
transfer, the Council shall take into account the:
• full cost
• the benefits that would accrue to the basin of origin
• the benefits of the receiving basin
(Example: The origin basin has surplus, and the receiving basin has shortage)

How? Constructing systems of

canals and pipes over long
distances to convey water from
donor basin to receiving basin

Cagayan River Basin

 CONSERVATION AND PROTECTION OF WATERS AND
WATERSHED AND RELATED LAND RESOURCES

Articles 66-78

• Article 66 - After due notice and hearing when warranted by circumstances,

minimum stream flow of river and streams and minimum water levels may be
established by the Board for the protection of the environment, control of
pollution, navigation, prevention of salt damage and general public use.

• It shall notify the public through newspaper that a public hearing shall be
conducted. (Section 47 of the IRR)
• Article 67 – Any watershed or any area adjacent to any surface of water or
any ground of water may be declared by Department of Natural Resources
as protected area. Rules and regulations may be promulgated to prohibit
and control activities by the owners or occupants within the protected area
which may cause damage or deterioration.

• Section 48 of the IRR – Protection of Water Supply Sources – No person

shall discharge into any source of water supply, any domestic sewage,
industrial waste, or pollutant not meeting the effluent standards set by the
DENR.

• Article 70 – No person shall utilize an existing well or pond or spread of

water or ground water supply without prior permission.
• Article 72 – In consideration of a proposed water resource project,
due regard shall be given to ecological changes resulting from the
construction of the project to balance the need of development
and protection of the environment.

• Article 73 – The conservation of wildlife shall receive proper

consideration and shall be coordinated with water resources
development program to insure that fish and wildlife values equal
attention with other project purposes.

• Article 74 - Swamps and marshes owned by the State which have

primary value for waterfowl propagation or other wildlife may be
reserved and protected from drainage operations and
development.
• Article 72 – In consideration of a proposed water resource project,
due regard shall be given to ecological changes resulting from the
construction of the project to balance the need of development
and protection of the environment.

• Article 73 – The conservation of wildlife shall receive proper

consideration and shall be coordinated with water resources
development program to insure that fish and wildlife values equal
attention with other project purposes.

• Article 74 - Swamps and marshes owned by the State which have

primary value for waterfowl propagation or other wildlife may be
reserved and protected from drainage operations and
development.
• Article 75 – No person shall without permission from National Pollution
Control Commission, build any works that may produce dangerous and
noxious substances or perform any act which may result in the introduction of
sewage, industrial waste, or any pollutant into any source of water supply.

• Article 76 – The establishment of cemeteries and waste disposal areas that

may effect the source of a water supply or a reservoir for domestic or
municipal use subject to rules and regulations by DOH.
• Article 77 – Tailings from mining operations and sediments from placer mining
shall not be dumped into rivers and waterways without prior permission from
the council upon recommendation from National Pollution Control
Commission. The discharge shall not contain mineral of other substance
injurious to man, animals, aquatic life or vegetation.

• Section 49 of the IRR – Water discharge with mine tailings or waste shall not
contain mineral or other substances injurious to man, animals, aquatic life or
vegetation in concentration exceeding the maximum prescribe by the DENR.

• Tailings in damns, ponds or other similar structure located along

riverbeds is required to be strong enough to withstand the forces in the
river during typhons and flash floods
• Mine operators shall also undertake erosion control measure in their
mining areas to minimize amount of sediments that will be carried to
the river.
• Article 78 – Application of agricultural fertilizers and pesticides
may be prohibited or regulated by the NPCC in areas where such
application may cause pollution of a source of water supply.
 ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE
PROVISION OF THIS CODE
Articles 79 – 89

• The administration and enforcement of this Code, the Council is vested the
power to:
• Granting of permits
• Impose penalties for administrative violations (Art 79)
• May deputize any official or agency in the government to perform any of its
functions
• Provide continuing program for data collection, research, and manpower
needed for the appropriation, utilization, exploitation, conservation, and
protection of the water resources of the country (Art 81)
• Promulgate rules and regulation which may provide penalties consisting a
fine not exceeding 1,000 pesos and/or suspension or revocation of the
water permit or the right to the use of water.
 • To impose or collect fees or charges for water resource development from
appropriators, except when it is purely for domestic use. (Art 83)
• Council and other agencies, to enforce this Code, is empowered to enter
upon private lands, with previous notice to the owner, for purpose of
conducting survey and investigations and to perform other act necessary
to carry out their functions including the power to exercise power of
eminent domain. (Art 84)
• No program or project that involves appropriation, utilization, exploitation,
development, control or protection of water resource without approval of
the council. (Art 85)

Exception: to those functions which is specifically conferred upon other

agencies. The council is hereby empowered to make all decisions
Section 51 of IRR - General Guidelines for Water Resources Development
Projects/Programs – As a general rule, a water resources project/program, may
be implemented if it is in accordance with:

• National socio-economic development goals and objectives

• Necessary for the national security or protection of life and property.
Any project/program involving the appropriation of water shall be directed
towards the optimum single and/or multi-purpose utilization thereof.

Section 52 of the IRR - Specific Guidelines – The size and time phase of projects
shall satisfy appropriate socio-economic indicators, more particularly the benefit-
cost and/or cost-effectiveness criteria, their supplementary and complementary
roles to the projects/program of other government sectoral plans, and their
ecological effects
Section 53. Water Resources Projects/Programs By Government Sector –
Government water resources and related projects/programs shall, prior to its
implementation, be submitted by the proponent agencies to the Board for
evaluation and approval in accordance with the above guidelines. If necessary,
the Board may refer the matter to NEDA Board’s Investment Coordination
Committee (ICC) and other concerned agencies for comment.

Section 54. Water Resources Projects/Programs By Private Sector – Any private

interested party may propose any water resources project to the Board or
through appropriate government agencies who shall forward the same to the
Board with their comments. The Board, before approving the project, may, if
necessary, refer or consult with other appropriate government agencies.
WATER USE CONFLICT OR CONTROVERSIES

• Section 61 – Parties in Water Use Conflict

• Complainant/Protestant and Respondent/Protestee

• Section 62 – All complaints shall be in writing sworn to by the complainant and

must contain the necessary content required. (as specified in the IRR)

• Section 66 of the IRR – Place of Filing – All complaints/protests regarding

utilization, exploitation, allocation and all other aspects of water resource
management may be filed directly to the Board.

• Section 67 of the IRR - Filing Fee – There shall be imposed and collected a
filing fee, as may be determined by the Board from every
complainant/protestant except from pauper litigants in accordance with the
Rules of Court.
WATER USE CONFLICT OR CONTROVERSIES

• Section 68 of the IRR: Answer – Upon receipt of the complaint, the Board shall
furnish the respondent with a copy of the complaint with the accompanying
documents and require him to answer in 10 days upon receipt.

• Section 69 of the IRR: Preliminary Conference – A Hearing Officer shall direct

the parties and their attorneys to appear before him to attempt settlement.

• Section 70 of the IRR: Amicable Settlement – Shall be reduced in writing and

signed by the parties. Within 15 days, the Board shall issue a resolution base
of the amicable settlement.

• Section 71 of the IRR: Venue – Hearings shall be conducted where the

controversy is located.
WATER USE CONFLICT OR CONTROVERSIES

• Section 72: Order of the Proceedings:

1. Testimony of the complainant and his witnesses
2. Testimony of the respondent and his witnesses
3. Parties has the right to cross-examine witnesses
4. Presentation of evidence

• Section 76: Decision: All disputes shall be decided 60 days after the parties
submit the same for decision or resolution. Decisions shall be in writing, stating
clearly and concisely the cause or causes of action, findings of facts and the law
or rules upon which they are based.

The Board shall have the power to issue writs of execution and enforce its
decisions with the assistance of national or local law enforcement agencies subject
to prior notice to the party concerned in accordance with Article 84 of the Code.
WATER USE CONFLICT OR CONTROVERSIES

• Section 72: Appeal/Motion for Reconsideration –

• Appeal to the Board by filing Notice to Appeal
• Motion for Reconsideration/Reinvestigation on grounds of fraud, accidents,
mistake or excusable negligence, new discovered evidences, or palpable
errors in finding facts and conclusions of law.
 PENAL PROVISIONS

• Section 80 of the IRR (Light Offenses) – Fine of not more than five hundred
(500) pesos per day of violation and/or suspension of the permit/grant for a
period of not more than sixty 60 days of the following violations:

1. Aappropriation of subterranean or groundwater for domestic use by an overlying

landowner without the registration when required by the Board;
2. Failure of the appropriator to keep a record of monthly water withdrawals for
submission to the Board on a quarterly basis;
3. Repair without permission of hydraulic works or structures involving alteration of
its hydraulic or structural features as originally approved;
4. Violation of or non-compliance with any order, rule or regulation of the Board;
and
5. Failure to comply with any of the terms or conditions in a water permit or water
rights grant not covered by the succeeding sections
 PENAL PROVISIONS

• Section 81 of the IRR (Less Grave Offenses) – A fine of more than Five
Hundred (P500.00) Pesos but not exceeding Eight Hundred (P800.00) Pesos
per day of violation and/or suspension of the water permit/grant for a period of
one hundred twenty (120) days shall be imposed for the following violations:

1. Illegal taking or diversion of water in an open canal or reservoir;

2. Unauthorized utilization of an existing well or ponding or spreading of
water for recharging subterranean or groundwater supplies;
 PENAL PROVISIONS

• Section 78 of the IRR (Grave Offenses) – A fine of more than Eight Hundred
(P800.00) Pesos but not exceeding One Thousand (P1,000.00) Pesos per day
of violation and/or revocation of the water permit/grant of any other right to the
use of water shall be imposed for any of the following violations:

1. Unauthorized sale, lease or transfer of water permits and/or water rights;

2. Failure to install a regulating and measuring device for the control of the
volume of water appropriated when required;
3. Drilling of a well without permit or with expired permit;
4. Failure to provide adequate facilities to prevent or control disease whenever
required in the construction of any work for the storage, diversion, distribution
and utilization of water;
5. Construction of any hydraulic work or structure without duly approved plans
and specifications;
6. Non-observance of any standard for the beneficial use of water and/or
schedule of water distribution;
7. Use of water for a purpose other than that for which a right or permit was
granted;
8. Malicious destruction of hydraulic works or structures;
9. Unauthorized sale of water in violation of the permit;
10. Abandonment of wells without proper plugging. In this case, the owner of the
property where the abandoned well is located shall be presumed to be the owner
of the abandoned well unless proven otherwise;
11. Unauthorized construction within the legal easements as provided under
Section 31 of the Code; and l) appropriation of water without a permit
 PENAL PROVISIONS

• Section 83. Non-Payment of Annual Water Charge – A fine/penalty of fifty

percent (50%) of due per year or fraction thereof plus additional interest for
delinquency under Section 84 shall be imposed.

• Section 84. Penalties for Delinquency – Where the penalty imposed is a fine
and the offender fails to pay the same within the given period, he shall be
liable, in addition, to pay a penalty interest equivalent to two (2) percent per
month of delay or a fraction thereof until fully paid.

• Section 85. Violation by Juridical Persons – In cases where the offender is a

corporation, firm, partnership or association, the penalty shall be imposed
upon the guilty officers mentioned in Article 92 of the Code.
Article 92 – It shall be imposed to the President, General Manager and other
guilty officers, without prejudice to the filing of civil action. It the offender is an
alien, he shall be deported after serving his sentence.
• After final judgement, the Court may order suspension of or dissolution of
the corporation, firm..

• Section 86 of the IRR – If the violator is not a permittee/grantor or has no right

to use the water, the Board, thru its deputies or authorize representative shall:
• Impose appropriate fines and penalties
• Cause the stoppage of the use of water by plugging or sealing the well
if the same involves ground water appropriation or demolition of the
dam or Hydraulic structure if involves surface water, without prejudice to
filing of a criminal/civil action;
 PENAL PROVISIONS

• Section 83 of the IRR– If the violator is Non-Owner of the well or structure, he shall be
penalized twice as much as the fine imposed on the owner of such well or structure without
prejudice to the inclusion of his name as a party defendant in any action filed. Proper
representations in this regard shall be made with the appropriate agency for the cancellation or
suspension of his license/certificates of registration.

• Section 88. Offer of Compromise – In cases where offender, at any time after the issuance of
notice of violation/s but before the execution of the order or decision, offers in writing to pay
the fine imposed instead of having his/her permit/grant suspended, the Board may, if the
circumstances so warrant, accept such offer of compromise. However, if the penalty imposed
is both fine and suspension of the permit, the offer shall necessarily include the amount of the
fine imposed as well as such amount as may be determined by the Board corresponding to the
period of which the permit should have been suspended.
 PENAL PROVISIONS
• Section 89. Summary Revocation/Suspension – Water permits or other rights to use the water
may be revoked or suspended summarily by the Board if any of the following facts and/or
conditions exists:

• That the suspension/revocation will redound to greater public interest, public health and safety;
• That the acts complained of are grossly illegal per se;
• That the violative act is the second offense on record involving the same infraction;
• That the non-observance of or non-compliance with the rules, order or regulation is willful and
deliberate;
• When there is a prima facie showing that the non-observance of any standard for the
beneficial use of water or non-compliance with any of the terms or conditions in a water permit
or water rights grant is prejudicial to the life and property of third person;
• When the suspension or revocation thereof is sought by an injured party, provided he files a
bond to cover any damage which maybe sustained by the permittee or grantee arising from
such summary revocation/suspension;
 PENAL PROVISIONS

• In times of emergency, where there is a prima facie showing that the use of water by the
permittee/grantee is wasteful;
• When health authorities so recommend to prevent or control the spread of disease due to
inadequate facilities;
• When in a decision of a competent court, the revocation or suspension of the water permit or
grant is ordered or recommended; and
• Such other serious offenses or gross violations and infractions as the Board may decide.

• Section 91. Appeal of Board Decisions – The decisions of the Board concerning policies on
the utilization, exploitation, development, control, conservation and protection of water
resources may be appealed to the President.
Under PD No. 198 or the Provincial Water Utilities Act of 1973. The appointing
authority shall be the mayor of that city or municipality or the governor of the
province within which the district is located. The Board members shall be
appointed by the appointing authority. Upon the first board meeting, the board
shall elect a chairman, a vice-chairman, a secretary and a treasurer and also
adopt by-laws for the operation of business and affairs of the board and the
district. It is also provided in PD No. 198 that once a district is formed it is not
under the jurisdiction of any political subdivision. And lastly, directors may be
removed only for a cause. It is the Local Water Utilities Administration (LWUA) is
the national government agency tasked to oversee local water districts.
THANK YOU