Authority and Irrigation Council
- The Secretary of Commerce and Police has the power to grant appropriation rights upon the approval of the Irrigation Council.
- The Irrigation Council consists of five members, including government officials and an appointed agriculturist.
- The Director of Public Works supervises irrigation investigations and construction.
Priority of Water Rights
- Priority of appropriation establishes the better right among users.
- Nonuse of water for five years extinguishes priority unless due to force majeure.
- Preferences when water is insufficient: Domestic, Agricultural, Industrial, Fisheries, Mining.
Dispute Resolution
- Water use disputes are decided by the Secretary of Commerce and Police; appeal to courts allowed within 30 days.
Claim Registration and Public Notice
- Director of Public Works must prepare lists of water appropriations for designated streams.
- Claimants are notified and must provide sworn detailed statements including specifics about water use and irrigation.
- Failure to file statements within six months results in forfeiture.
Investigation and Mapping
- Director of Public Works conducts field examinations and maps streams, waterworks, and irrigated lands.
- May administer oaths and take testimony with flexible evidentiary rules.
Certification and Recordation of Water Rights
- Approved water rights are published and certified by the Secretary of Commerce and Police.
- Certificates are recorded at the provincial register of deeds and notices sent to appropriators.
- Failure to pay recording fees within a year leads to loss of priority rights.
Appeals on Water Rights
- Appeals from decisions on water rights are filed in the Court of First Instance within 90 days.
- Courts may employ experts and their final decisions must be recorded.
Apportionment and Administration of Water
- Director of Public Works apportions water according to rights and notifies parties.
- Irrigators' associations may be formed to manage irrigation systems with powers to appoint caretakers, enforce regulations, levy charges, and incorporate.
- If associations are not formed, municipal, provincial, or government authorities administer systems.
- Administrative costs create liens on crops and lands, with procedures for collection and sale on default.
Application and Approval for Water Appropriation
- Applicants must file detailed applications including site, purpose, estimated water amount, and irrigation details.
- Defective applications are returned for correction.
- Public notice and opportunity for objection must precede approval.
- Approval may be limited if water supply is insufficient.
Construction and Inspection of Waterworks
- Approved applicants must submit plans and specifications before beginning work.
- Director of Public Works inspects works and authorizes water use only after approval.
- Violations constitute misdemeanors.
Certification of Completed Works
- Upon approval of completed works, certificates of appropriation are issued and recorded.
- Appropriation priority dates from application filing.
Regulation and Inspection of Waterworks
- Director of Public Works inspects waterworks and may promulgate regulations with Secretary of Commerce and Police approval for conservation purposes.
Water Power Development
- Applications for water power must include specific data about power capacity and locations.
- Projects classified as small (<100 HP) or large (>=100 HP).
- Time limits imposed for construction and may be extended for cause.
Rentals for Power Use
- Small developments pay annual rentals per horsepower, with exemptions for developments under 30 HP.
- Large developments pay higher annual rentals, reviewed every ten years.
- Rental calculated based on water flow and elevation difference.
- Rentals collected as taxes with liens for delinquent payments.
Government Power Projects
- Government or authorized persons may construct power plants on irrigation systems.
Government Irrigation Projects
- Prior public notices required for proposed government irrigation projects outlining land area, charges, installments, maintenance costs, and protest procedures.
- Landowners may object; Governor-General decides with final authority.
- No project if objection by majority of owners or half of land area.
Construction of Government Irrigation Projects
- Contracts awarded with preference to occupants of affected lands.
Assistance to Private Irrigation Projects
- Private parties may apply for aid, not exceeding 40% of cost or P50,000.
- Benefiting inferior lands may share in administration charges.
Post-Construction Notices and Charges
- Notices on irrigation system completion include charges with interest, payment conditions, and official test dates.
- Unpaid installments create liens on land.
Payment Extensions
- Payment may be postponed in crop failure or water shortage cases.
Insurance Fund for Irrigation Works
- Insurance fund established from annual additional payments not exceeding 2% of irrigation charges.
- Fund used to repair or reconstruct irrigation works damaged by fortuitous events.
- Fund managed and invested by government authorities.
- Collections cease if fund exceeds P200,000 until reduced to P150,000.
Administration and Transfer of Ownership
- Government administers irrigation works until full reimbursement.
- Irrigation communities may assume control upon meeting conditions, subject to legislative approval.
- Complaints handled by Director of Public Works and appeal route provided.
Eminent Domain
- Government may acquire property for irrigation projects via condemnation with immediate entry rights.
Private Irrigation and Rates
- Private irrigation service rates set by Secretary of Commerce and Police, changed no more than once every ten years.
Forfeiture of Water Rights Due to Nonuse
- Unused water for five years without sufficient reason reverts to public domain.
Proclamation of Exempt Waters
- Governor-General may exempt certain waters from appropriation for public policy reasons.
- Domestic water uses exempted from such proclamation.
Standard Measurements
- Flow measured in liters per second; volume in hectare-meters.
Reclaimed Water Use
- Water returned to streams or reservoirs may be reclaimed subject to allowances for loss.
Appurtenance and Transfer of Water Rights
- Water rights are appurtenant to land but may be severed and transferred to other lands without loss of priority given no detriment to existing rights.
- Transfers require application, notice, and approval.
Investigative Powers
- Director of Public Works may issue subpoenas, administer oaths, and request depositions.
- Witnesses entitled to fees paid by government.
Mandatory Installation of Measuring Devices
- Ditch owners must install head gates and measuring devices upon order to facilitate water management.
- Failure to comply or interference constitutes misdemeanor.
Restrictions on Use and Alterations
- Appropriators may not use water for other than approved purposes nor alter diversion or works without approval.
- Unauthorized changes or use prohibited.
- Violations punishable as misdemeanors.
Safety Compliance
- Use of unsafe water works after warning is misdemeanor.
- Community may seek removal of hazardous works via police.
Protection of Waterworks
- Interference, injury, or obstruction of waterworks or surveys is misdemeanor; major damages constitute crime.
- Director of Public Works empowered to arrest offenders.
- Right of entry on private land for official duties granted with compensation for damages.
Prohibition of Unauthorized Use and Waste
- Unauthorized use or willful waste of water to detriment of others or public is misdemeanor.
Penalties
- Misdemeanor: Fine up to P200 or imprisonment up to six months; jurisdiction for justices of the peace.
- Crimes prosecuted in Court of First Instance.
Fees
- Director of Public Works may collect fees for copies, certifications, blueprints, and inspections.
Definitions and Interpretations
- "Person" includes individuals, associations, and corporations.
- "Director of Public Works" includes authorized agents.
Effect on Existing Rights and Laws
- The Act does not diminish prior acquired rights.
- Earlier laws on waters and irrigation remain in force unless inconsistent.
- Inconsistent laws repealed.
Effectivity
- The Act takes effect upon passage to serve public interest promptly.