Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1067)
The Water Code of the Philippines is a decree instituting laws governing the ownership, appropriation, utilization, exploitation, development, conservation, and protection of water resources in the Philippines. It was enacted on December 31, 1976, by Presidential Decree No. 1067.
All waters of the Philippines belong to the State as declared in the Water Code.
Water may be appropriated for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational, and other purposes.
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.
Only citizens of the Philippines who are of legal age, and juridical persons duly qualified by law to exploit and develop water resources, may apply for water permits.
The National Water Resources Council (the Council) is responsible for the control, regulation, enforcement, granting of water permits, and administration of the provisions of the Water Code.
In cases where water shortage is recurrent, 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.
Appropriation of water without a water permit is punishable by a fine of not exceeding Three Thousand Pesos (P3,000) or imprisonment for not more than three years, or both, in the discretion of the Court.
A water permit holder must use the water beneficially, maintain standards of beneficial use, install control and measuring devices when required, keep records of water withdrawal, and comply with conditions in the water permit.
Yes, water rights may be leased or transferred in whole or in part to another person, but this requires prior approval of the National Water Resources Council after due notice and hearing.
Beneficial use is the utilization of water in the right amount and during the period that the water is needed to produce the benefits for which water was appropriated.
A fine exceeding Six Thousand Pesos (P6,000) but not more than Ten Thousand Pesos (P10,000) or imprisonment exceeding six years but not more than twelve years, or both fine and imprisonment, may be imposed.
Landowners may use continuous or intermittent waters, lakes, lagoons, rain water, subterranean water, and water in swamps on their land for domestic purposes without securing a permit, but such use must be registered and may be regulated to prevent wastage or during emergencies.
Water users shall bear the diminution or reduction of any water supply due to natural causes or force majeure.
Yes, priority in time of appropriation gives better right over others except that domestic and municipal use have better right in emergencies. Priority may also be altered for greater beneficial use or multi-purpose use after notice and hearing.