Presidential Decree

1067
THE WATER CODE
OF THE PHILIPPINES
What is the Water Code?
 It is the codification of all laws governing
the ownership, appropriation, utilization,
exploitation, development, conservation
and protection of water resources.
Why was it enacted? (Preamble)
WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines
provides, inter alia, that all waters of the Philippines belong to the State;
WHEREAS, existing water legislations are piece-meal and inadequate to cope
with increasing scarcity of water and changing patterns of water use;
WHEREAS, there is a need for a Water Code based on rational concepts of
integrated and multipurpose management of water resources and sufficiently
flexible to adequately meet future developments;
WHEREAS, water is vital to national development and it has become increasingly
necessary for government to intervene actively in improving the management of
water resources;
Objectives of the Water Code
A. To establish 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.
 Acquisitive prescription
A method of acquiring or losing
ownership and other real rights
Underlying Principles through a prescription period laid
A. All waters belong to the State. down by the law
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.

Administrative concession
A grant of rights, land, or property
by the government
Underlying Principles
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.
Regalian Doctrine
is the ownership of minerals and all
forces of potential energy and other
natural resources are reserved for the
State (Art. XII, Sec. 2)
The following belong to the State:
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. Subterranean or ground waters; and
g. Seawater
The following waters found on private lands
also belong to the State:
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
d. Subterranean or ground waters; and
e. Water in swamps and marshes.
 Important Legal Terms and Concepts:
Water Right
is the privilege granted by the government to appropriate and use water.

Appropriation of water
is the acquisition of rights over the use of waters or the taking or diverting of
waters from a natural source in the manner and for any purpose allowed by law.
Important Legal Terms and Concepts:
 Domestic - is the utilization of water directly drawn from a source by a
household for drinking, washing, bathing, cooking, watering of
gardens or animals and other domestic uses.
 Municipal - is the utilization of water for supplying the water
requirements of a community, whether by piped or bulk distribution
for domestic and other uses, direct consumption, the drawer or
abstractor of which being the national government, its subsidiary
agencies, local government units, private persons, cooperatives or
corporations.
 Irrigation - is the utilization of water for producing agricultural crops.
Important Legal Terms and Concepts:
 Power generation - the utilization of water for producing
electrical or mechanical power.
 Fisheries - is the utilization of water for the propagation and
culture of fish as a commercial enterprise or any other aqua-
culture ventures.
 Livestock raising - is the utilization of water for large herds or
flocks of animals raised as a commercial enterprise.
Important Legal Terms and Concepts:
 Industrial - is the utilization of water in factories, industrial
plants and mines including the use of water as an ingredient of a
finished product.
 Recreational - is the utilization of water for swimming pools,
bath houses, boating, water skiing, golf courses and other similar
facilities in resorts and other places of recreation.
The National Water Resources Board
Presidential Decree No. 424 (March 28, 1974) created the National
Water Resources Council (NWRC), vesting it with powers to
coordinate and integrate water resources development.
Presidential Decree No. 1067 (December 31, 1976) instituted the
Water Code of the Philippines, providing for the utilization,
exploitation, development, conservation, and protection of water
resources to be subject to the control and regulation of the
government through the NWRC.
The National Water Resources Board
Presidential Decree No. 1206 (October 6, 1977) abolished the
Board of Power and Waterworks and transferred its powers and
functions relative to power utilities to the Board of Energy and
its waterworks powers and functions to the NWRC.
Executive Order No. 124-A (July 22, 1987) renamed the NWRC
to National Water Resources Board (NWRB), transferring its
technical functions to the Bureau of Research and Standards
under the Department of Public Works and Highways.
The National Water Resources Board
Executive Order No. 123 (September 12, 2002) reconstituted the
membership of the NWRB, to exclude those with direct claims on
water resources, and placing it under the Office of the President. It
also provided for NWRB to assume the regulatory functions of the
Local Water Utilities Administration (LWUA).
Executive Order No. 860 (February 8, 2010) redefining the
composition of the Board; returning the regulation of Water Districts
to LWUA; and transferring NWRB to Department of Environment
and Natural Resources (DENR).
 The National Water Resources Board
(NWRB) coordinates and regulates all water
The resources development and management of
Implementing the country. It is responsible for achieving a
Agency scientific and orderly development of all
water resources consistent with the
principles of optimum utilization,
conservation, and protection to meet
present and future needs.
Who can file an application for a water
permit?
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. (Article 15)
Who can file an application for a water
permit? (Sec 3, Rule 1)
1. Citizens of the Philippines;
2. 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;
3. Government entities and instrumentalities,
including government-owned and controlled
corporations (GOCCs)
Application Process
1. For Municipal Use
2. For Irrigation Use
3. For Power Generation
4. For Fisheries
5. For Livestock Raising
6. For Industrial Use
7. For Other Uses (Recreation, Commercial, Memorial Parks,
Environmental etc.)
How can an application be granted or
denied? (Article 16)
In determining whether to grant or deny an application, the Council shall consider the following:
1. Protests filed, if any;
2. Prior permits granted;
3. The availability of water;
4. The water supply needed for beneficial use;
5. Possible adverse effects;
6. Land-use economics; and
7. Other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.
How can an application be granted or
denied? (Article 16)
In determining whether to grant or deny an application, the Council shall consider the following:
1. Protests filed, if any;
2. Prior permits granted;
3. The availability of water;
4. The water supply needed for beneficial use;
5. Possible adverse effects;
6. Land-use economics; and
7. Other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.
Fines and Penalties
THE WATER CODE OF THE PHILIPPINES (PD 1067)
As categorized by the Code’s IRR (Rule V)
Grave;
Less Grave; and
Light
Section 80. Light Offenses –
A fine of not more than Five Hundred (P500.00)
Pesos per day of violation and/or suspension of the
permit/grant for a period of not more than sixty (60)
days shall be imposed for any of the following
violations:
Light Offenses
A. Appropriation of subterranean or groundwater for domestic use by an
overlying landowner without the registration when required by the Board;
B. Failure of the appropriator to keep a record of monthly water withdrawals
for submission to the Board on a quarterly basis;
C. Repair without permission of hydraulic works or structures involving
alteration of its hydraulic or structural features as originally approved;
D. Violation of or non-compliance with any order, rule or regulation of the
Board; and
E. Failure to comply with any of the terms or conditions in a water permit or
water rights grant not covered by the succeeding sections;
Section 81. 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:
Less Grave Offenses
A. illegal taking or diversion of water in an open canal or
reservoir;
B. unauthorized utilization of an existing well or ponding or
spreading of water for recharging subterranean or
groundwater supplies;
Section 82. 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:
Grave Offenses
A. unauthorized sale, lease or transfer of water permits
and/or water rights;
B. failure to install a regulating and measuring device for the
control of the volume of water appropriated when
required;
C. drilling of a well without permit or with expired permit;
D. 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;
Grave Offenses
E. construction of any hydraulic work or structure without
duly approved plans and specifications;
F. non-observance of any standard for the beneficial use of
water and/or schedule of water distribution;
H. use of water for a purpose other than that for which a
right or permit was granted;
I. malicious destruction of hydraulic works or structures;
J. unauthorized sale of water in violation of the permit;
Grave Offenses
H. 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;
I. unauthorized construction within the legal easements
as provided under Section 31 of the Code; and
J. appropriation of water without a permit.
Violations of certain persons
In cases where the offender is a corporation, firm, partnership or
association, the penalty shall be imposed upon the following:
1. The President,
2. General Manager,
3. and other guilty officer or officers
Without prejudice to the filing of a civil action against said juridical
person. If the offender is an alien, he shall be deported after serving
his sentence, without further proceedings.
Violations of certain persons
In cases where the violators is not a permittee or grantee or has no right to use
the water whatsoever, the Board through its deputies or authorized
representatives shall, in addition to the imposition of appropriate fines and
penalties,
• cause the stoppage of the use of water either by plugging or sealing of the well
•if the same involves groundwater appropriation or demolition of the dam or
hydraulic structures
•if the same involves surface water, without prejudice to the institution of a
criminal/civil action as the facts and circumstances may warrant.