Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

4114

House Bill No.

Introduced by HON. HENRY R. VILLARICA
4™ DISTRICT, BULACAN

EXPLANATORY NOTE

It is imperative that the State provide a mechanism to facilitate the effective, efficient and
comprehensive use of water resources by the people. Water is a finite resource required for
different purposes. El niiio and climate change affecting the availability of water supply for all
must be addressed to prevent water shortages in some areas and extreme flooding in others.
With this mechanism in place, these nagging issues can be effectively addressed since the
Philippines is one of the countries that claim abundant water supply with its numerous water
bodies able to provide an annual renewable water resource of about 146 billion cubic meters,
98% of which originates from surface, and only 28% is being utilized.

Presently, however, while the National Water Resources Board (NWRB) under
Presidential Decree No. 424 as amended is mandated to manage water resources, control,
supervise and regulate the utilization, exploitation, development and protection of water
resources, it is ill-equipped to perform its functions. On policy and program coordination, the
agency has difficulties in networking with all the agencies engaged in water-related programs.
The NWRB?’s data on water resource assessment has never been updated since 1980. It does not
have the capability on scientific modeling and computerized decision support systems that will
aid decision makers and planners in the optimal management of water resources.

Many of the agencies sharing the discharge of common functions of water management
may be complementary or sometimes conflict with the others with limited oversight and
coordination. This is may lead to a breakdown in the delivery of water, one of the many basic
services by the government.

Other agencies that directly share the discharge of water resources management are: the
Department of Environment and Natural Resources (DENR), through its line bureaus such as the
Environmental Management Bureau for water quality monitoring; the Mines and Geosciences


Bureau for hydrogeology and geohazard mapping; specialized office such as the River Basin
Control Office (RBCO) that plans for the development and management of the river basins; and
the Laguna Lake Development Authority (LLDA) that takes charge of the regional water
resources development and management of the Laguna Lake catchment area. The Department of
Health, through the Environmental Occupation and Health Office (EOHO) is also involved in
water management through drinking water, quality regulations and water management.
Implementing agencies of government-owned and controlled corporations (GOCCs) and to a
lesser extent by autonomous cooperatives and private entities in accordance with their own
interests and responsibilities undertake water services for certain sectoral uses and purposes such
‘as water supply and sanitation, irrigation, drainage, hydropower, flood control and environmental
protection.

This proposed bill seeks to implement a clear, sustainable, more efficient and effective
water resources development and management for the general welfare by establishing the
National Water Resources Management Authority (NWRMA). This central water agency is
clothed with ample powers and functions to integrate and coordinate national policies and plans
to manage the water resources to provide a coherent policy environment conducive for the
harmonious collaboration of departments and local government units involved in regulating
various aspects of the water sector.

This bill was filed during the 17" Congress but due to time constraints no further action
was taken on it. Itis filed for the consideration of the 18" Congress.

‘Support for the enactment of this measure is earnestly requested.

REP. HENRY R. \ILLARICA,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4114

Introduced by HON. HENRY R. VILLARICA
4™ DISTRICT, BULACAN

AN ACT
CREATING THE NATIONAL WATER RESOURCES MANAGEMENT AUTHORITY AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Republic of the Phil
assembled:

SECTION 1. Title. — This Act shall be known as the “National Water Resources
Management Authority Act”.

SEC. 2. Declaration of Policy. ~ The exploration, utilization, conservation, protection
and development of all natural resources shall be under the full control and supervision of the
State. Pursuant to this mandate, it shall manage, coordinate and integrate water resources
development for the benefit and welfare of the general public.

SEC. 3. The National Water Resources Management Authority. — There is hereby created
a body corporate to be known as the National Water Resources Management Authority
(NWRMA) attached to the Office of the President. It shall manage, control and protect the water
resources nationwide for domestic purposes, sanitation, irrigation, hydropower, fisheries,
aquaculture, flood control, navigation and recreation, as well as enhancement and maintenance
of water quality.

SEC. 4. Composition. ~ The NWRMA shall be composed of: 1.) the Governing Board;
and 2.) the Executive Management Secretariat.

The Governing Board shall have a director general with the rank of department secretary
who shall be appointed by the President. The director general shall be at least forty (40) years of

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age, of proven probity and integrity, and a degree holder of any of the following fields:
economics, business, public administration, engineering, management or their equivalent, and
with at least ten (10) years relevant working experience preferably in the field of management or
public administration.

The Governing Board shall be responsible for policy making, direction setting and high
level integration to be chaired by the director general with members composed of Secretaries of
the Department of Public Works and Highways (DPWH), Department of Environment and
Natural Resources (DENR), Department of Energy (DOE), the National Economic and
Development Authority (NEDA), Department of the Interior and Local Government (DILG),
Department of Science and Technology (DOST) and the Department of Budget and Management
(DBM), Department of Finance (DOF), and the Department of Justice (DOJ).

The Executive Management Secretariat shall be responsible for the regular operations of
the NWRMA to be composed of three (3) deputy directors general for policy, planning and
administration and operations. They shall be appointed by the Governing Board upon the
recommendation of the director general.

They shall be at least thirty five (35) years of age at the time of their appointment with
proven probity and integrity with a degree in economics, business, public administration,
engineering, management or its equivalent. They must have career executive service eligibility.

SEC. 5. Powers and Functions of the NWRMA. ~ The following are the functions and
responsibilities of the NWRMA:

1.) Planning and Policy ~ a.) develop and regularly update a comprehensive national
water resources and land use plan; b.) formulate policies promoting integrated water
resources management approach; ¢.) exercise oversight powers on all development
plans and programs on water; and d.) develop general criteria and standards on
project investigation, formulation, planning;

2.) Data Collection and Monitoring ~ a.) collect, regularly update, monitor and analyze
water resources data including climatology, hydrologic and other water related data;
b.) undertake hydrologic surveys and establish, operate and maintain observation
station networks and a centralized water resources data center necessary for scientific
studies; c.) collect/generate and make available real time raw water data as well as
publish verified or validated water data in print or electronic form; and e.) conduct
survey and appraisal studies of surface and ground water potentials;


3.) Scientific Studies and Decision Support: a.) develop and regularly update a
computerized water resources management decision support system (DSS) that
incorporates data management system, model base system and user friendly
interfaces; b.) develop tools that will address various water resources development
and management issues such as climate change, weather modification, drought and
flood estimation and forecasting; and c.) conduct scientific studies and develop DSS
for other offices under the Authority;

4,) Infrastructure and Program Development: a.) conduct planning, assessment and value
engineering studies of water infrastructure projects and program development; b.)
undertake survey, inventory and appraisal of water related infrastructure to assess
their status, safety and integrity; c.) conduct special studies for planning and
operations to improve existing structure and determine the need for new infrastructure
such as water storage, retardation basins and sediment control;

5.) Strategic Development and Operations: a.) conduct special studies and development
of operating strategies, procedures and protocols with accompanying computerized
decision tools for major water facilities; b.) formulate and promulgate rules and
regulations for the exploitation and optimum use of water resources including
coherent water protocols and operation rules of all existing and future water
infrastructure; and c.) develop real time data acquisition and decision support system
for near time or real time operations of water infrastructures;

6.) Resource Regulation: a.) determine, grant and regulate water rights for the
appropriate and optimal use of surface and ground water; b.) investigate violations of
the water rights and the water code; ¢.) develop physical and market instruments
based on availability, reliability and sustainability of various natural resources, rate of
water production, including alternative sources; d.) adjudication of water use
conflicts;

7.) Economic Regulation: a.) assume economic regulation for tariff setting and related
functions of water supply, sanitation and sewerage service providers including LGU
run systems, water cooperatives, small water service providers and others, excluding
Water Districts, MWSS concessionaires, and service providers contracted by special
zones for development; b.) assume economic regulation for irrigation, energy
resource development (e.g. hydropower development) and other commercial use of
water; and c.) exercise quasi-judicial and other related functions such as performance,
monitoring, and enforcement of technical/customer service standards;


8.) Water Financing and Economics: a.) develop and update optimal water pricing and
rentals considering various factors including but not limited to scarcity or opportunity
cost, cost of water extraction/production, environmental cost of water extraction; and
b.) conduct promote special studies and researches on water economics;

9.) Stakeholder Relations: a.) initiate and maintain public awareness, build capabilities
for adequate and meaningful participation in water resources management; b.)
conduct public consultations and discussions; c.) develop and disseminate materials
and programs for IEC, as well as advocacy campaign; e.) conduct seminars and
workshops involving with the LGUs and the general public on current water issues
and problems; and f.) conduct capability building seminars; and

10.) River Basin Organization Development: a.) develop materials for capacity
building and training on RBO development and conduct training and workshops for
prospective river basins; b.) identify and define appropriate river basin boundaries
based on surface water and ground water aquifer boundaries, including coastal zones
of influence or where fresh water salt water interactions exist; c.) develop guidelines
and facilitate the establishment of RBOs; d.) strengthen RBOs and monitor their
activities; and e.) develop rules of partnership between RBOs and the LGUs.

SEC. 6. Abolished Agencies/Subsumed Powers. - The following government
agencies/offices shall be abolished. Its powers and functions shall be subsumed and exercised by
the NWRMA:

A) The National Water Resources Board (NWRB) is hereby abolished and its powers,
functions and responsibilities are hereby transferred to the NWRMA;

b.) The River Basin Control Office (RBCO) of the Department of Environment and
Natural Resources (DENR) and its river basin functions not belonging to the core
functions of the RBCO of the (DENR);

c.) The Bureau of Research and Standards (BRS) of the Department of Public Works and
Highways (DPWH), specifically in water data collection and monitoring functions;

d.) The Flood Control and Sabo Engineering Center (FCSEC) of the DPWH; and

e.) The Flood Control Section of the Bureau of Design (BOD) of the DPWH, specifically
the functions on the review of flood control design


All watershed-based organizations, Water Quality Monitoring Area Boards and other
water-related organizations shall coordinate with the NWRMA at the river basin level.

SEC. 7. Powers and Functions of the Director General. - The director general shall be
the overall coordinator of the policies, plans and programs of the NWRMA. As such he shall
provide overall supervision and general direction over the management, control and protection of
the water sources nationwide. He shall determine the structure and the staffing pattem and
personnel complement of the NWRMA, subject to the approval of the Governing Board.

In addition, he shall have the following specific powers and responsibilities:

a.) Direct and supervise the general administration of the NVRMA;

b,) Act as ex-officio member of the NWRMA governing board;

¢,) Lead the Secretariat in preparing the agenda items for policy action by the NVRMA
governing board;

d.) Direct and manage the implementation and execution of policies, standards, rules and
regulations formulated by the governing board;

¢.) Issue appointments of the NWRMA personnel;

f.) Represent the NWRMA in contracts, awards, and the like;

g.) Represent the Philippines in regional and international conferences and meetings
pertinent to water resources management;

h.) Establish and/or deactivate inter-agency and multi-stakeholder technical committees and
working groups on water resources management;

i) Submit annual reports to the President of the Philippines and Congress through the
Department of Public Works and Highways on the activities of the NWRMA;

j.) Acquire jurisdiction, as he may deem proper, over the formal complaints under oath
concerning the irregularities and anomalies relative to the exercise of the powers and
functions of the NWRMA under Section 5 of this Act; and

k,) Perform such other functions as may be prescribed by the NWVRMA governing board and
to implement the policies, rules and regulations set by the board.

SEC. 8. Transfer and Inter-Agency coordination. ~ The qualified staff and personnel of
the National Water Resources Board (NWRB) and the Bureau of Research Standards (BRS) of
the Department of Public Works and Highways (DPWH) shall be transferred to the NWRMA,
subject to the provisions of R.A. No. 6656, otherwise known as the Government Reorganization
Law.

SEC. 9 Personnel. ~ The Board shall provide for an organization and staff of officers and
employees for the NWRMA upon the recommendation of the director general appoint and fix the
remunerations and other emoluments: Provided, That the Board shall have exclusive and final
authority to promote, transfer, assign and reassign officers of the NWRMA, any provision of

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existing law, to the contrary, notwithstanding: Provided, further, That the director general may
carry out removal of such officers and employees.

All positions in the NWRMA shall be governed by a compensation, position
classification system and qualification standard approved by the director general with the
concurrence of the Board based on a comprehensive job analysis and audit of actual duties and
responsibilities. The compensation plan shall be comparable with that of the private sector and
shall be subject to periodic review by the Board no more than once every two (2) years without
prejudice to yearly merit reviews or increases based on productivity.

The officers and employees of the NWRMA including all members of the Board shall not
engage directly or indirectly partisan activities or take part in any election, except to vote.

No officer or employee of the NWRMA subject to Civil Service laws and regulations
shall be removed or suspended except for cause, as provided by law.

SEC. 10. Prohibition against Holding any Other Office. - The director general, the
deputy directors general, officials and other employees of the NWRMA shall not hold any other
office or employment except in an ex-officio capacity during their tenure. They shall not, during
their tenure, directly or indirectly, practice any profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege granted by the
NWRMA or national government or any subdivision, agency, or instrumentality thereof,
including any government-owned and controlled corporation, or its subsidiary.

SEC. 11. Quasi-Judicial Powers. - The NWRMA shall be vested with quasi-judicial
powers to enforce its administrative duties as provided for under Section 5 of this Act. It may
conduct an investigation based on a written formal complaint under oath, which on its face
indicates a reasonable ground that some irregularity or anomaly may have been committed, and
for that purpose may subpoena witnesses, administer oaths and compel the production of books,
documents and other evidences, Provided, That, the NWRMA may grant immunity from
prosecution any person whose testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth in any investigation conducted by it.

SEC. 12. Disbursement of Funds. - No money shall be paid out of the funds of the
NWRMA, except in pursuance of the budget as formulated and approved by the Board.

SEC. 13. Full Disclosure of Financial and Business Interests. - Every member of the
Board, the director general and the deputy directors general and their staff, shall, upon
assumption of office, make fall disclosure of their financial and business interests.

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SEC. 14. Appropriations. — The amount necessary to carry out the implementation of this
Act shall be included in the annual General Appropriations Act.

SEC. 15. Jmplementing Rules and Regulations. - The NWRMA, in coordination with the
NWRB, the DPWH and the other concerned agencies shall promulgate the implementing rules
and regulations to implement the provisions of this Act.

SEC. 16. Repealing Clause. — All laws, orders, rules and regulations, or portions thereof,
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 17 . Separability Clause. ~ If any provisions of this Act or the application of such
provision to any person or circumstances be declared unconstitutional, the remainder of this Act
or the application of such provision to other person or circumstances shall not be affected by
such declaration.

SEC. 18. Effectivity. — This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,