Water Code of the Philippines, 1976

Waters include subterranean, surface, atmospheric, and territorial sea waters within the Philippines

All natural water bodies like rivers, springs, lakes, atmospheric, subterranean, and seawater belong to the State
Waters found on private lands, including springs and rainwater, also belong to the State
Landowners may use such waters on their land for domestic use without a permit but must register when required
Collection of water via cisterns or tanks grants exclusive rights to that water
Appropriated water is controlled by the appropriator from the point it reaches their facilities, so long as it is beneficially used

Appropriation means acquiring rights to use water from natural sources legally, with water permits generally required
Uses allowed include domestic, municipal, irrigation, power generation, fisheries, livestock, industrial, recreational, and others
The State may exempt certain waters from appropriation for public policy reasons
Conversion of water use requires prior Council approval ensuring no undue prejudice to others
Only qualified Filipino citizens or juridical persons may apply for water permits
Application process involves public notification and Council consideration of protests, availability, and effects
Water right is acquired upon permit approval or actual beneficial use for exempted cases
Water permits set conditions such as volume limits, diversion points, uses, and require beneficial use standards
Water rights may be leased or transferred with prior Council approval
Priority between appropriators is based on time of appropriation, with domestic and municipal use having overriding preference during emergencies
Water rights must not prejudice others and easements may be established for water facilities with just compensation
Water use may be reduced in shortages following due process
Permits may be suspended, revoked, modified or cancelled for cause including misuse, non-use, unauthorized sale, or disqualification

Water resource development prioritizes State security, multipurpose use, costs, and benefits
Subterranean and surface water use must be coordinated to avoid adverse impacts
Use of private water bodies for domestic needs by manual withdrawal allowed, subject to owner rights
Watercourses may be used to convey water by permittees within regulated conditions
Hydraulic works must include disease control provisions and protect scenic and historical sites
Construction of dams and water structures require approval from the Department of Public Works and the Council
Development of hot springs and recreational water uses require permits
Inducing or restraining rainfall requires presidential authorization and government permits
Raising or lowering water levels or draining water bodies requires permits
Drainage systems must discharge into approved water bodies
Costs of joint drainage borne proportionally by beneficiaries
Drainage must minimize damage to others with compensation required for damages
Easements for aqueduct maintenance mandated
Natural flow from higher to lower estates must be maintained; owners cannot impede or increase such flow
Public easements exist for banks and shores for specified uses, with limits on structures
Easements not specified in the Code governed by Civil Code provisions

Flood control areas may be declared with management rules
Controls may prohibit activities harmful to flood control and water flow
Government may construct flood control structures with legal easements
Cultivation of river beds and sand bars requires permission and must not obstruct water flow or increase flood risks
Landowners may erect flood protection but not at the expense of others
River course changes by natural causes do not entitle landowners to government restoration or compensation
Navigable waters may be designated by the Philippine Coast Guard
Rafting of logs and objects on floatable waterways may be regulated seasonally
Health risks from ponds or reservoirs limit impoundments
Reservoir operators must maintain minimum stream flows under Council regulations
Dam operators may be required to employ qualified engineers
Well drilling and use regulated by the Council with required permissions
Transfer of water between river basins requires Council approval considering costs, benefits, and alternatives

Minimum stream flows and lake levels set by the Council to protect environmental and public interests
Watersheds and adjacent lands may be declared protected areas with restricted activities to prevent water deterioration
Well controllers must prevent wasteful flow and contamination of waters
Recharge of subterranean water supplies only with Council permission
Encouragement of irrigation associations for efficient water use
Water projects must consider ecological impacts to balance development and environmental protection
Conservation of fish, wildlife, and protection of swamps and marshes prioritized
Pollution control enforced by the National Pollution Control Commission and Department of Health regulations for cemeteries and waste disposal near water sources
Mining wastes and agricultural chemicals regulated to prevent water pollution

The National Water Resources Council is the principal authority for enforcement, permitting, and administration
The Council may delegate duties and is responsible for data collection, research, and manpower development
The Council issues rules and may impose fines up to P1,000 and suspend or revoke permits for violations
Fees for water resource development may be collected except for purely domestic use
Council and authorized agencies may enter private lands with notice for surveys and enforcement, including eminent domain powers
No water projects may proceed without Council approval, with possible public consultations
Hydraulic structures plans must be approved; engineers and constructors remain liable for defects
The Council has quasi-judicial powers to hear disputes, administer oaths, subpoena witnesses, and enforce decisions
Decisions may be appealed to the Court of First Instance within 15 days on specified grounds

Administrative penalties include fines up to P1,000 and permit suspension/revocation for violations such as unauthorized use, failure to keep records, illegal sale or transfer, construction without approval, and pollution
Criminal penalties with fines up to P10,000 and imprisonment up to 12 years for serious offenses including illegal appropriation, obstruction, pollution, misrepresentation, and malicious destruction of water infrastructure
Penalties on juridical persons extend to responsible officers; foreign offenders may be deported
Prescription periods for offenses vary from 5 to 10 years depending on penalty severity

Existing water rights before January 1, 1975 must be registered within two years with priority determined by use
Claims not registered within the period are deemed waived and waters revert to unappropriated status
No vested rights arise from unlawful acts or infringements
Old valid contracts are respected but modifications are subject to the new Code
Interim rules remain valid unless conflicting with the Code
Severability clause ensures other provisions remain effective even if parts are invalidated
The Code repeals all inconsistent laws, including Spanish water law, provisions of National Power Corporation charter, Irrigation Act, and other prior laws or regulations
The Code took effect immediately upon promulgation on December 31, 1976