Question & AnswerQ&A (Act No. 2152)
The main purpose is to provide a system for the appropriation of public waters, determine existing water rights, create public registration of water rights, regulate water power, manage government and private irrigation systems, inspect and regulate water-related works, and impose penalties for violations.
The Secretary of Commerce and Police, upon the recommendation and approval of the Irrigation Council.
It consists of five members: the Secretary of Commerce and Police (ex officio chairman), the chairman of the Committee on Agriculture of the Philippine Assembly, the Director of Public Works, the chairman of the Committee on Public Works of the Philippine Assembly, and one agriculturist appointed by the Governor-General.
Priority is given based on the order of beneficial use, with older appropriations having better rights. A nonuser of water for five years extinguishes priority unless caused by force majeure. If priority cannot be established, preference order is: domestic, agricultural, industrial, fisheries ponds, mining or milling.
Disputes are submitted to the Secretary of Commerce and Police through the Director of Public Works, whose decision is final unless appealed to the proper court within 30 days.
The Director of Public Works must publicize and notify claimants who must submit sworn statements with details about the water appropriation, including the name, use, dates of use, amount of land irrigated, and other required information.
Any person using water without legal entitlement or willfully wasting water to the detriment of another commits a misdemeanor, punishable by fines up to 200 pesos or imprisonment up to six months.
If there is no unappropriated water in the source, or the appropriation is detrimental to the public, or the applicant proceeds with work before approval, the application may be denied.
Applicants must submit plans and specifications for approval by the Director of Public Works before beginning or altering any works. Noncompliance constitutes a misdemeanor.
The government may construct irrigation projects, assess landowners for construction costs, maintain such systems, and may transfer administration to organized irrigator associations after reimbursement. Priority liens exist for unpaid charges.
It is funded by a small levy on landowners irrigated by government projects to cover repair or reconstruction costs due to fortuitous events like natural disasters, and is managed by the Secretary of Commerce and Police.
Flow is measured in liters per second, and volume is measured in hectare-meters (water covering one hectare one meter deep).
The right to use water is appurtenant to the land irrigated, but unused water for five years without sufficient reason can revert to the public for reappropriation.
Yes, water rights may be severed from one land and transferred to another without losing priority, provided no detriment to existing rights and with Secretary approval upon application and publication.
Interfering or damaging irrigation works is punishable as a misdemeanor or a crime if damages exceed 600 pesos, with liability for damages and power of arrest by the Director of Public Works or authorized representatives.