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WATER CODE OF THE PHILIPPINES

Presidential Decree No. 1067

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P. D. 1067
Enacted on December 31, 1976
Covers the ownership, appropriation, utilization, exploitation, development, conservation and protection of
water resources.
Recognizes that water is vital to national development and it has thus become increasingly necessary for the
govt. to intervene actively in improving the management of water resources based on rational concepts or
integrated and multi-purpose management which must be sufficiently flexible to adequately meet future
developments.
UNDERLYING PRINCIPLES
All waters belong to the State
All waters that belong to the State can not be the subject to acquisitive prescription.
The State may allow the use or development of waters by administrative concession.
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.
Preference in the use and development of waters shall consider current usages and be responsive to the
changing needs of the country.
APPROPRIATION OF WATERS
Appropriation is the acquisition of rights over the use of waters or the taking or diverting of waters form a
natural source in the manner and for any purpose allowed by law.
Domestic
Municipal
Irrigation
Power Generation
Fisheries

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Livestock Raising
Industrial
Recreational
Other Puproses

WATER APPLICATION
Only citizens of the Philippines whether juridical or an individual may apply.
Must be known to the public for any protests.

Considerations : Protests filed if any; prior permits granted; availability of water; water supply needed for
beneficial use; possible adverse effects. Land-use economics.
Right to use water is deemed acquired from date of filing application.

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After application is approved, grantee acquires exclusive right to use water source reckoned from date of
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filing the application.
WATER RIGHTS & PERMITS
Water right is the privilege granted by the govt. to appropriate and use water.
As a rule no person including govt. instrumentalities shall appropriate water without water right.
Holder of water permit may demand establishment of easements necessary for the construction and
maintenance of the works and facilities needed for the beneficial use subject to requirements of just
compensation:

Must be the owner, lessee, mortgagee or having real right over the land
Most convenient and the least onerous to the servient estate.

REVOCATION OF WATER PERMITS

Non-use
Gross violation of the conditions imposed in the permit
Unauthorized sale of water
Willful failure or refusal to comply with rules and regulations
Pollution, nuisance or acts detrimental to public safety.
Appropriator is found to be disqualified under the law
In case of irrigation, land is converted to non-agri use

Permits may only be revoked after due notice and hearin

CONTROL OF WATERS
Activities that obstruct the flow of water especially in flood controlled areas are prohibited.
Rivers or lake may be declared navigable
River beds may not be cultivated except upon prior permission from DENR & DPWH

Erection of levees may be allowed provided it does not cause damage to property of another
Owners of land affected by change of course of rivers not entitled to compensation for any damage nor can
stop the govt. from taking steps to revert river to its former course.
Water of streams may be stored in reservoir
downstream.

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NATL WATER RESOURCES COUNCIL

It is a regulatory and executory agency.
Coordinates and integrates water resources development activities, and grants, determines and adjudicates
water rights.
Empowered to enter upon private lands, with previous notice to the owner for purpose of conducting surveys
and hydrologic investigations
Has original jurisdiction over water disputes but limited only to appropriation, utilization, exploitation,
development, control, conservation and protection of waters.
Administrative remedies must be exhausted before seeking relief in regular courts.
Decisions of the Council may be appealed to the Court of Appeals via Rule 43 of the Rules of Court.
WATER DISTRICTS
PD 198 Provincial Water Utilities Act of 1973 authorizes the formation, lays down the powers and
functions and governs the operation of water districts throughout the country.
A district is subject to its provisions and is not under the jurisdiction of any political subdivision. Not also
under SEC.
PD 198 is the special charter of local water districts and it is therefore a govt. owned and controlled
corporation whose BOD are appointed by the municipal or city mayor.
LOCAL WATER UTILITIES ADMIN.
A govt. corporation attached to the Office of the President.
Function primarily as a lending institution for the promotion, development and financing of water utilities.
LWUA has no adjudicatory functions.
LWUA has quasi-judicial power only as regards rates or charges fixed by water districts which it may review
without prejudice to appeal to NWRC, whose decision shall be appealable to the Office of the President.

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