QuestionsQuestions (EXECUTIVE ORDER NO. 860)
Act No. 2152 (1912), the Irrigation Act.
Rates or charges established by a local water utility are subject to review by the LWUA.
PD 424 created the National Water Resources Council (Council). Two functions mentioned are: (1) determining, adjudicating, and granting water rights (amending Act No. 2152, for this purpose); and (2) formulating and promulgating rules and regulations for exploitation/utilization of fees or charges necessary for water resources development.
The Council included, among others, the Secretary of Public Works, Transportation and Communications (as Chairman); relevant department heads and agency directors; and NEDA’s Director-General (or deputy). The text states that NEDA may increase or decrease the membership of the Council.
The applicant must file an application with the Council (National Water Resources Council, as referenced in the text).
The use of water pursuant to a permit may be reduced in the interest of equitable distribution of benefits among legal appropriators, after due notice and hearing.
Original jurisdiction over all disputes relating to the appropriation, utilization, exploitation, development, control, conservation, and protection of waters.
Because the text uses this point to explain the subsequent regulatory allocation over water tariffs—i.e., NWRB did not automatically have tariff regulation powers over Water Districts under PD 1067.
Executive Order No. 124 (series of 1987) renamed and reorganized the Council as the Natural Water Resources Board, transferring all technical functions to the Bureau of Research and Standards of the Department of Public Works and Highways.
Section 31, Chapter 10, Title III of EO 292.
EO 123 reconstituted the membership to exclude those with direct claims on water resources.
EO 123 provided for a process to transfer the NWRB to the DENR.
EO 123 ordered LWUA to desist from regulating water tariffs of water districts, transferring that function to NWRB—except for rates of water districts in which LWUA has financial exposure.
The Department of Environment and Natural Resources (DENR).
Chair: Secretary of Environment and Natural Resources. Vice-Chair: Secretary of Socio-Economic Planning. Members: Secretary of Justice; Secretary of Science and Technology; and Director, National Hydraulic Research Center, University of the Philippines.
To control and regulate the utilization, exploitation, development, conservation and protection of water resources in accordance with the specific provisions of the Water Code.
NWRB must desist from regulating water tariffs of Water Districts; the Local Water Utilities Administration (LWUA) undertakes it under PD 198 as amended by EO 124-A (1987).
EO 860 includes a separability clause (if any provision is declared unconstitutional or invalid, other provisions remain in force). It also includes a repeal/modify clause for orders/issuances/rules inconsistent with EO 860.
Immediately (Section 7).