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- All prior orders, executive issuances, or regulations inconsistent with this Order are repealed or modified accordingly.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.