Title
Supreme Court
Reorganizing National Water Resources Board
Law
Executive Order No. 860
Decision Date
Dec 21, 1982
Executive Order No. 860 redefines the composition and powers of the National Water Resources Board in the Philippines, transferring its Secretariat to the Department of Environment and Natural Resources and shifting the regulation of water tariffs to the Local Water Utilities Administration.

Law Summary

Jurisdiction and Powers of National Water Resources Council (NWRB's Predecessor)

  • PD 1067 required any person desiring water permits to file applications with the Council.
  • In cases of water shortage, permitted water use could be reduced equitably after due notice and hearing.
  • Despite broad control over water resources, the Council initially lacked explicit power to regulate water tariffs of Water Districts.
  • EO 124 (1987) renamed the Council as the National Water Resources Board (NWRB) and reassigned technical functions to the Bureau of Research and Standards.

Administrative Authority and Organizational Changes

  • EO 292, Administrative Code of 1987, empowers the President to reorganize agencies, including transfer of functions.
  • EO 123 (2002) reconstituted NWRB’s membership, excluding personnel with direct claims on water, appointing secretaries from the Departments of Environment, Socio-Economic Planning, Justice, Health, and academic and executive directors.
  • EO 123 also initiated transferring NWRB to the Department of Environment and Natural Resources (DENR).
  • EO 123 directed LWUA to cease regulating water tariffs of Water Districts except those with LWUA financial exposure; the regulatory function was shifted to NWRB.

Reorganization and Membership Under Executive Order No. 860

  • The NWRB Secretariat is officially transferred to the DENR for administrative purposes.
  • The composition of NWRB is mandated as follows:
    • Chair: Secretary of Environment and Natural Resources
    • Vice Chair: Secretary of Socio-Economic Planning
    • Members: Secretary of Justice, Secretary of Science and Technology, Director of the National Hydraulic Research Center (UP).

Specific Powers and Functions

  • NWRB’s primary function is to control and regulate the utilization, exploitation, development, conservation, and protection of water resources per the Water Code's provisions.
  • The NWRB will no longer regulate water tariffs of Water Districts.
  • Regulation of water tariffs is assigned to the LWUA as per PD 198 and EO 124-A (1987).

Legal Safeguards and Effectivity

  • Provisions of the Order declared unconstitutional or invalid will not affect other provisions, which shall remain effective.
  • All prior orders, executive issuances, or regulations inconsistent with this Order are repealed or modified accordingly.
  • The Order is effective immediately upon adoption.

Important Legal Concepts

  • The division of regulatory authority between NWRB and LWUA concerning water resource management and tariff regulation.
  • The emphasis on equitable water distribution during shortages consistent with due process.
  • The centralized government control over water resources facilitating integrated development and protection.
  • Presidential authority to reorganize and restructure water resource governance frameworks to adapt to evolving needs.

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