Grounds for Revocation of Water Permit
- Water permits may be revoked for:
- Non-use of water for the stipulated purpose for three (3) consecutive years.
- Gross violation of permit conditions.
- Unauthorized sale of water.
- Willful failure or refusal to comply with lawful orders or regulations.
- Pollution, public nuisance, or acts detrimental to public health and safety.
- Disqualification under laws governing natural resource exploitation.
- Conversion of irrigated land to non-agricultural use.
- Other similar grounds.
Non-Use and Cancellation Policy
- Cancellation applies when:
- Permittee has not used water for three (3) consecutive years from the permit's issuance or from the completion of diversion works.
- Construction of diversion works and necessary structures is unfinished or abandoned.
- Non-compliance is verified by the Monitoring and Enforcement Division (MED).
Procedural Requirement: Show Cause Order
- Before cancellation, the NWRB issues a Show Cause Order requiring a written explanation from the permit holder.
- The MED evaluates the explanation to determine justification.
- If justification is accepted, no cancellation occurs.
- If rejected, a Cease and Desist Order (CDO) is issued followed by permit cancellation.
Exceptions to Cancellation
- Exceptions are granted on a case-by-case basis for delays caused by:
- Force majeure events (major earthquakes, floods, volcanic eruptions).
- Geopolitical issues (armed conflicts, terrorism).
- Technical reasons (on-going feasibility studies, extended project duration) with possible one-year extensions.
- Legal impediments (litigation exceeding three years, right-of-way acquisition, pending cancellation cases, contract disputes).
- Institutional issues (failure to secure necessary permits, political or civic interventions).
- Financial reasons (investor withdrawal).
- Extensions and exceptions must be approved by NWRB.
Restriction on Re-application After Cancellation
- If permit is cancelled upon permittee's request:
- No re-application for the same diversion point for one (1) year.
- No re-application for other diversion points for six (6) months.
- If cancelled due to non-use after three (3) years:
- No re-application for the same diversion point for five (5) years.
- No re-application for other diversion points for one (1) year.
- These restrictions apply even if the former permittee forms a partnership or company owning 50% or more shares.
- If ownership is less than 50%, new application rules apply.
Legal Basis and Implementation
- The policy is anchored on provisions of the Water Code of the Philippines, specifically Articles 13 and 29, and Section 15(h) of Implementing Rules and Regulations.
- Monitoring and Enforcement Division conducts compliance checks and enforces cancellations.
- Approved by the NWRB Board on January 24, 2018.