Notes for PD 1067.pdf

Presidential Decree 1067 “The Water Code of the Philippines” “A Decree Instituting a Water Code, Thereby Revising and Consolidating the Laws Governing the Ownership, Appropriation, Utilization, Exploitation, Development, Conservation and Protection of Water Resources” ARTICLE 2. The objectives of th...

Presidential Decree 1067 “The Water Code of the Philippines” “A Decree Instituting a Water Code, Thereby Revising and Consolidating the Laws Governing the Ownership, Appropriation, Utilization, Exploitation, Development, Conservation and Protection of Water Resources” ARTICLE 2. The objectives of this Code are: a. To establish the basic principles and framework relating to the appropriation, control and conservation of water resources to achieve the optimum development and rational utilization of these resources; b. To define the extent of the rights and obligations of water users and owners including the protection and regulation of such rights; c. To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and; d. To identify the administrative agencies which will enforce this Code. ARTICLE 3. The underlying principles of this code are: a. All waters belong to the State. b. All waters that belong to the State can not be the subject to acquisitive prescription. c. The State may allow the use or development of waters by administrative concession. d. The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council. e. Preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country. Natural Water Resources Board (NWRB) The National Water Resources Board (NWRB), entrusted with policy-making, regulatory, and quasi-judicial responsibilities, is the leading government agency in the Philippines’ water sector. In accordance with Integrated Water Resource Management principles, the NWRB ensures the best possible exploitation, utilization, development, conservation, and protection of the nation’s water resources. Importance of the Water Code of the Philippines on Territorial Claims The Water Code of the Philippines is created to ensure the security of Philippine waters and their maximum usage to benefit the Filipino people. Under the 1987 Constitution, the national territory is defined as “all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” Salient Features of PD 1067 or The Water Code of the Philippines │ 1 Prepared by: Engr. MAAbellera However, in international laws, the United Nations Convention on the Law of the Sea only recognized sovereignty up to 12 nautical miles from the shore, meaning that there are still exceptions regarding the country’s sovereignty over bodies of water. Aside from territorial waters, ownership of bodies of water found on private land is also discussed in the Water Code, making it easier for property owners and developers to plan how they will use their property when there are bodies of water around or within the property. ARTICLE 4. Waters, as used in this Code, refers to water under the grounds, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines. ▪ Regalian Doctrine ‒ is the doctrine recognized in our constitution whereby ownership of minerals and all forces of potential energy and other natural resources are reserved for the State (Article XII, Section 2 of the 1987 Constitution CHAPTER II Ownership of Waters Article 5. The following belong to the State: a. Rivers and their natural beds; b. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; c. Natural lakes and lagoons; d. All other categories of surface waters such as water flowing over lands, water from rainfall whether natural or artificial, and water from agriculture runoff, seepage and drainage; e. Atmospheric water; f. Subterranean or ground waters; and g. Seawater. ARTICLE 6. The following waters found on private lands also belong to the State: a. Continuous or intermittent waters rising on such lands; b. Lakes and lagoons naturally occurring on such lands; c. Rain water falling on such lands; d. Subterranean or ground waters; and e. Water in swamps and marshes. ARTICLE 7. Subject to the provisions of this Code, any person who captures or collects water by means of cisterns, tanks, or pools shall have exclusive control over such water and the right to dispose of the same. ARTICLE 8. Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator’s canal or aqueduct leading to the place where the water will be used or stored and, thereafter, so long as it is being beneficially used for the purposes for which it was appropriated. Salient Features of PD 1067 or The Water Code of the Philippines │ 2 Prepared by: Engr. MAAbellera Importance of the Water Code of the Philippines on Water Usage Water is an important part of the Philippine economy since the marine and agricultural sectors greatly contribute to stabilizing the country’s economic growth. As an archipelago, bodies of water form a large part of the country, which is why many citizens rely on marine life and aquaculture for livelihood. CHAPTER III Appropriation of Waters ARTICLE 9. Waters may be appropriated and used in accordance with the provisions of this Code. Appropriation of water, as used in this Code, is the acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law. ARTICLE 10. Water may be appropriated for the following purposes: a. Domestic – is the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens, and watering of lawns or domestic animals b. Municipal – is the utilization of water for supplying the water requirements of the community c. Irrigation – is the utilization of water for producing agricultural crops. d. Power generation – is the utilization of water for producing electrical or mechanical power. e. Fisheries – is the utilization of water for the propagation and culture of fish as a commercial enterprise f. Livestock raising – is the utilization of water for large herds or flocks of animals raised as a commercial enterprise. g. Industrial purposes – is the utilization of water in factories, industrial plants and mines, including the use of water as an ingredient of a finished product h. Recreational purposes – is the utilization of water for swimming pools, bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation ARTICLE 11. The State, for reasons of public policy, may declare waters not previously appropriated, in whole or in part, exempt from appropriation for any or all purposes and, thereupon, such waters may not be appropriated for those purposes. ARTICLE 12. Waters appropriated for a particular purpose may be applied for another purpose only upon prior approval of the Council and on condition that the new use does not unduly prejudice the rights of other permittees or require an increase in the volume of water. ARTICLE 13. No person, including government instrumentalities or government-owned or controlled corporations, shall appropriate water without a water right, which shall be evidenced by a document known as a water permit. (General Rule) ▪ Water right – is the privilege granted by the government to appropriate and use water. Salient Features of PD 1067 or The Water Code of the Philippines │ 3 Prepared by: Engr. MAAbellera ARTICLE 14. Subject to the provisions of this Code concerning the control, protection, conservation, and regulation of the appropriation and use of waters, any person may appropriate or use natural bodies of water without securing a water permit for any of the following: (Exception) a. Appropriation of water by means of hand-carried receptacles; and b. Bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects by flotation. ARTICLE 15. Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified by law to exploit and develop water resources, may apply for water permits. ARTICLE 19. Water rights may be leaded or transferred in whole or in part to another person with prior approval of the Council, after due notice and hearing. ARTICLE 20. The measure and limit of appropriation of water shall be beneficial use. ▪ Beneficial use of water – is the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated. ARTICLE 31. Preference in the development of water resources shall consider security of the State, multiple use, beneficial effects, adverse effects and costs of development. CHAPTER IV Utilization of Waters ARTICLE 31. Preference in the development of water resources shall consider security of the State, multiple use, beneficial effects, adverse effects and costs of development. ARTICLE 33. Water contained in open canals, aqueducts or reservoirs of private persons may be used by any person for domestic purpose or for watering plants as long as the water is withdrawn by manual methods without checking the stream or damaging the canal, aqueduct or reservoir; Provided, That this right may be restricted by the owner should it result in loss or injury to him. ARTICLE 34. A water permittee or appropriator may use any watercourse to convey water to another point in the watercourse for the purpose stated in a permit and such water may be diverted or recaptured at that point by said permittee in the same amount less allowance for normal losses in transit. ARTICLE 36. When the reuse of wastewater is feasible, it shall be limited as much as possible, to such uses other than direct human consumption. No person or agency shall distribute such water for public consumption until it is demonstrated that such consumption will not adversely affect the health and safety of the public. ARTICLE 37. In the construction and operation of hydraulic works, due consideration shall be given to the preservation of scenic places and historical relics and, in addition to the provisions Salient Features of PD 1067 or The Water Code of the Philippines │ 4 Prepared by: Engr. MAAbellera of existing laws, no works that would require the destruction or removal of such places or relics shall be undertaken without showing that the distribution or removal is necessary and unavoidable. ARTICLE 38. Authority for the construction of dams, bridges and other structures across of which may interfere with the flow of navigable or floatable waterways shall first be secured from the Department of Public Works, Transportation and Communications. ARTICLE 40. No excavation for the purpose of emission of a hot spring or for the enlargement of the existing opening thereof shall be made without prior permit. Any person or agency who intends to develop a hot spring for human consumption must first obtain a permit from the Department of Health. ARTICLE 41. No person shall develop a stream, lake, or spring for recreational purposes without first securing a permit from the Council. ARTICLE 42. Unless-otherwise ordered by the President of the Philippines and only in time of national calamity or emergency, no person shall induce or restrain rainfall by any method such as cloud seeding without a permit from the proper government emergency. ARTICLE 43. No person shall raise or lower the water level of a river stream, lake, lagoon, or marsh nor drain the same without a permit. ARTICLE 51. The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. ARTICLE 52. The establishment, extent, form, and conditions of easements of water not expressly determined by the provisions of this Code shall be governed by the provisions of the Civil Code. Importance of the Water Code of the Philippines on Citizen’s Health and Wellness CHAPTER V Control of Waters Chapter five of the Water Code discusses the measures the assigned government agencies take to protect the citizens and their properties against water-related problems such as flooding, river encroachment, and change in a river or steam course. In such events, this code gives power to the Secretary of Public Works, Transportation, and Communications to proclaim flood control zones and enact regulations for managing floodplain management plans in these areas to further the best interests and coordinated protection of floodplain lands. Salient Features of PD 1067 or The Water Code of the Philippines │ 5 Prepared by: Engr. MAAbellera ARTICLE 53. To promote the best interest and the coordinated protection of flood plain lands, the Secretary of Public Works, Transportation and Communications may declare flood control areas and promulgate guidelines for governing flood plain management plans in these areas. ARTICLE 55. The government may construct necessary flood control structures in declared flood control areas, and for this purpose it shall have a legal easement as wide as may be needed along and adjacent to the riverbank and outside of the bed or channel of the river. ARTICLE 56. Riverbeds, sand bars and tidal flats may not be cultivated except upon prior permission from the Secretary of the Department of Public Works, Transportation and Communication and such permission shall not be granted where such cultivation obstructs the flow of water or increase flood levels so as to cause damage to other areas. ARTICLE 61. The impounding of water in ponds or reservoirs may be prohibited by the Council upon consultation with the Department of Health if it is dangerous to public health, or it may order that such pond or reservoir be drained if such is necessary for the protection of public health. ARTICLE 62. Waters of a stream may be stored in a reservoir by a permittee in such amount as will not prejudice the right of any permittee downstream. Whoever operates the reservoir shall, when required, release water for minimum stream flow. All reservoir operations shall be subject to rules and regulations issued by the Council or any proper government agency. ARTICLE 63. The operator of a dam for the storage of water may be required to employ an engineer possessing qualifications prescribed for the proper operations, maintenance and administration of the dam. ARTICLE 64. The Council shall approve the manner, location, depth, and spacing in which borings for subterranean or ground water may be made, determine the requirements for the registration of every boring or alteration to existing borings as well as other control measures for the exploitation of subterranean or ground water resources, and in coordination with the Professional Regulation Commission prescribe the qualifications of those who would drill such borings. No person shall drill a well without prior permission from the Council. Water and Related Land Resources Protection and Conservation CHAPTER VI Conservation and Protection of Waters and Watersheds and Related Land Resources The Department of Natural Resources has the authority to designate any watershed, area of land, or surface or subsurface body of water as a protected area. The Department may issue rules and regulations to prohibit or regulate activities by property owners or inhabitants inside a protected area that could harm or deteriorate surface water or groundwater or obstruct the study, use, control, protection, management, or administration of such waters. Salient Features of PD 1067 or The Water Code of the Philippines │ 6 Prepared by: Engr. MAAbellera This code also emphasizes that without the National Pollution Control Commission’s prior approval, no one is allowed to construct structures that could release harmful or noxious substances or carry out any actions that could introduce sewage, industrial waste, or other pollutants into any source of water supply. This code defines water pollution as the degradation of water quality beyond a certain standard. This criterion, which the National Pollution Control Commission will establish, may change depending on how the water is used. Penalties for Violators of the Water Code of the Philippines According to Article 90 of this code, the following actions shall result in the suspension or cancellation of the violator’s water permit or other entitlement to the use of water, as well as a fine of not more than One Thousand Pesos (PHP 1,000.00): ▪ Failure to follow any guidelines for the wise use of water ▪ The taking of underground or groundwater for residential use by a landowner above without first registering with the council ▪ When needed, the appropriator fails to keep a record of water withdrawals ▪ Using water for a use for which it was not intended or for which permission or authorization was not issued ▪ Not adhering to any requirements outlined in a grant of water rights or a water permit ▪ Illegally leasing, selling, or transferring water or water rights ▪ Failure to install sufficient disease prevention or control measures when the council demands it during the building of any project involving the storage, diversion, distribution, or use of water ▪ Failure to install, where necessary, a regulating and measuring mechanism to control the authorized water volume ▪ Drilling a well without the council’s consent ▪ Any infraction or noncompliance with a Council order, rule, or regulation ▪ Using an existing well, ponding water, or distributing water without the council’s approval to recharge underground or groundwater resources ▪ Illegally stealing or diverting water from a reservoir, aqueduct, or open canal ▪ Maliciously destroying hydraulic works or important structures valued at P5,000 According to Article 91 of this code, any person who performs any of the following offenses shall be punished by a fine of not more than Three Thousand Pesos (PHP 3,000.00), a term of imprisonment of not more than three (3) years, or both such fine and imprisonment, as determined by the Court: ▪ Water appropriation without a permit, unless the provisions of this code expressly prevent that person from obtaining a permit ▪ Intentional destruction of hydraulic structures or works with a value of little more than USD 25,000 (PHP 25,000.00) ▪ Illegally cultivating a riverbed, sandbar, or tidal flat ▪ Illegally blocking an irrigation channel Salient Features of PD 1067 or The Water Code of the Philippines │ 7 Prepared by: Engr. MAAbellera