Submission and Validation of Appropriations Claims
- Blank forms sent with notices requiring prompt submission of claims.
- Claimants must appear or submit proof; failure results in forfeiture of rights.
- Claimants receiving only public notices may reopen approval within one year if they prove lack of actual notice.
Examination and Survey of Water Resources
- Director of Public Works to examine streams, measure water discharge, check ditches and irrigated lands, and produce official records.
- Director of Lands may conduct cadastral surveys and maps with Governor-General approval.
- Cadastral surveys paid as per existing laws.
Approval and Publication of Water Rights Priority List
- Secretary of Commerce and Police publishes approved priority list detailing appropriator names, priority number, quantities, and lands irrigated.
- Director of Public Works issues certificates to appropriators, recorded with the provincial register of deeds.
- Certificates registry includes sending certified copies if water used in other provinces.
- Failure to pay recording fee within one year results in loss of priority rights.
Temporary Administration of Water Systems
- System administered by municipal council (single municipality), provincial board (multiple municipalities), or Director of Public Works (multiple provinces).
- Regulations must be approved by the Irrigation Council with hearings for stakeholders.
- Administration costs are a lien on crops and land, with collection priority over most liens except taxes and specified mortgages.
- Procedures for lien enforcement include filing default lists, publication, hearings, judgments, auction, redemption rights, and equitable distribution of high maintenance costs.
- Local customs considered in regulation preparation.
Application Process for New Public Water Appropriation
- Applicants submit detailed applications to Secretary of Commerce and Police via Director of Public Works.
- Required application details: applicant info, water source, diversion site, amount, works description, purpose, land to irrigate, interested parties.
- Director reviews and may return applications for correction; corrected filings retain original priority date.
- No work allowed before approval.
Notice and Protest Related to Water Appropriation Applications
- Director publishes notice of application details similarly to claim notices.
- Notice posted publicly and sent to known claimants.
- Interested parties may file written protests within 30-60 days.
- Failure of claimants to appear bars future claim assertion.
- Director investigates and reports to Secretary, who decides; decision is appealable.
Approval and Construction of Waterworks
- After approval, applicants submit plans and specifications which must be approved before construction.
- Director inspects and may order necessary changes for safety and public interest.
- Water use only allowed after final approval.
- Small appropriations (≤16 hectares) have relaxed plan submission and approval requirements.
- Temporary dams under 3 meters height exempt from plan submission.
Issuance and Registration of Water Use Certificates
- Upon completion approval, Director issues certificates detailing appropriation.
- Certificates recorded in provinces of diversion and use.
- Priority dates back to application filing.
- Small irrigated areas (≤16 hectares) receive certificates upon application approval, not upon construction completion.
Conditions for Government Loans for Irrigation Systems
- Loans only to landowners organized as corporations or associations with approved articles/by-laws.
- Water rights must be properly determined and appurtenant to land.
- Cadastral surveys required; irrigated lands form an irrigation district.
- Loans only for lands with Torrens titles; district minimum 25 hectares; max loan ₱50,000.
- Associations petition Secretary with pledge to fund half of project cost; upon approval, deposit half the estimated cost.
- Director investigates feasibility; Secretary approves or denies.
- If approved, government loans the other half; funds used for construction overseen by Director.
- All expenses borne by association if project approved; investigation expenses otherwise borne by government.
- Additional funding required if original estimates insufficient.
- Administration of works and water distribution by law and regulations.
- Loan secured by lien with priority over all but taxes and specified mortgages.
- Construction contracts given preference to land-owning corporation.
- Repayment terms include interest from loan date, annual payments for 20 years, with option for earlier payoff.
- Regulations by Secretary to enforce law objectives.
This detailed overview covers all significant provisions, procedures, and legal responsibilities under the amended act, critical for understanding water appropriation, administration, and government funding for irrigation projects in the Philippines.