WATER CODE OF

THE PHILIPPINES
PD 1067
OBJECTIVES
■ To establish the basic principles and framework relating to
the appropriation, control and conservation of water
resources and to achieve the optimum development and
rational utilization of these resources;
■ To define the extent of the rights and obligation of water
users and owners including the protection and regulation
of such rights;
■ 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
■ To identify the administrative agencies which will enforce
this Code.
UNDERLYING PRINCIPLES
All waters belong to the PHILIPPINES.
All waters that belong to the state can not be the subject to acquisitive
prescription
■ The state may allow the use or development of waters by administration
concession.
■ 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.
■ Preference in the use and development of waters shall consider current
usages and be responsive to the changing needs of the country.
 WATERS
■ As used in the Water 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.
 OWNERSHIP OF WATERS
■ Rivers and their natural beds;
■ Continuous or intermittent waters of springs and brooks running in their natural
beds and the beds themselves
■ Natural lakes and lagoons;
■ All other categories of surface waters such as water flowing over lands, water
form rainfall whether natural or artificial, and water from agriculture runoff,
seepage and drainage;
■ Atmospheric water;
■ Subterranean or ground water; and
■ Seawater
 ARTICLE 6
■ The owner of the land where the water is found may use
the same for domestic purposes without securing a permit, provided that
such use shall be registered, when required by the National Water
Resources Council.
■ The Council, however, may regulate such use when there is (1) wastage,
or (2) in times of emergency.
 APPROPRIATION OF WATERS
■ As used in the Water Code, 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
 APPROPRIATION OF WATERS
■ Domestic ■ Recreational,
■ Municipal ■ Other purposes
■ Irrigation
■ Power generation
■ Fisheries
■ Livestock raising
■ Industrial
■ WATER RIGHT – is the privilege granted by the
government to appropriate and use water.
■ WATER PERMIT – is the document evidencing the
water right.
■ (GENERAL RULE) No person, including government
instrumentalities or government-owned corporations, shall appropriate
water without a water right, which shall be evidenced by a document
known as a water permit.
■ (EXCEPTION) Any person may appropriate or use natural bodies of
water without securing a water permit for any of the following:

1. Appropriation of water by means of hand carried receptacles; and

2. Bathing or washing, watering or dipping of domestic or farm animals,
and navigation of watercrafts or transportation of logs and other objects by
floatation.
■ ARTICLE 20 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.
UTILIZATION OF WATERS
■ ARTICLE 31: Preference in the development of water resources
shall consider:
1. security of the State,
2. multiple use,
3. beneficial effects,
4. adverse effects and
5. costs of development
CONTROL OF WATERS
■ ARTICLE 32: 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.
CONSIDERATIONS FOR WATER RESOURCES
DEVELOPMENT
■ Ecological changes
■ Conservation of fish and wildlife
■ Waterfowl propagation or other wildlife purposes
■ Permission from the National
Pollution Control Commission
- Water pollution is the impairment of the quality of
water beyond a certain standard.
This standard may vary according to
the use of the water and shall be
set by the National Pollution
Control Commission.
ADMINISTRATION OF WATERS AND ENFORCEMENT OF
THE PROVISIONS OF THIS CODE

■ The Administration and

enforcement of the provisions of
this Code, Council – NATIONAL
WATER RESOURCES COUNCIL /
NATIONAL WATER
RESOURCES BOARD OF DENR
■ COUNCIL – A GROUP OF
PEOPLE WHO ARE PEOPLE
CHOSEN TO MAKE
RULES,LAWS, OR DECISIONS
ABOUT SOMETHING
City of Batangas vs Philippine Shell Petroleum Corporation

■ The issue is whether or not the control and regulation of the use of water may be
subject of a CITY ORDINANCE under the regime of the Water Code.
■ The court rules NEGATIVE. The cThe Water Code governs the ownership,
appropriation, utilization, exploitation, development, conservation and protection of
water resources. Under Article 3 thereof, water resources are placed under the
control and regulation of the government through the National Water Resources
Council, now the NWRB.  In turn, the privilege to appropriate and use water is one
which is exclusively granted and regulated by the State through water permits issued
by the NWRB. Once granted, these water permits continue to be valid save only for
reasons spelled out under the Water Code itself.
■ Conversely, the power to modify, suspend, cancel or revoke water permits already
issued also rests with 
OVER 200 BORACAY ESTABLISHMENTS FINED P43M FOR ENVIRONMENTAL VIOLATIONS

• The Pollution Adjudication Board (PAB) of the Department of Environment and Natural Resources
(DENR) has fined over 200 business establishments in Boracay a total of P43 million for violation of
certain environmental laws.

• PAB, a quasi-judicial body charged with adjudicating cases brought by DENR’s regional offices
against violators of environmental laws and regulations, slapped the erring establishments with fines
ranging from P10,000 to millions of pesos depending on the length of time and gravity of offenses.

• Out of the 209 establishments fined, 110 were found to have violated Section 1, Rule 19 of RA 8749
which requires permit to operate all sources of air pollution from the EMB. Their imposed fines totaled
P1.5 million.

• Another 72 establishments were fined a total of P2 million for operating facilities that discharge
regulated water pollutants without a valid discharge permit, which is required under Section 27(c) of
RA 9275.

• Five establishments were fined a sum of P39 million for discharging untreated wastewater and
exceedance of effluent standards under the clean water law.