Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3347

HOUSE BILL NO. _

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND
SANITATION RESOURCE MANAGEMENT, DEFINING ITS POWERS AND
FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

This bill seeks to rationalize the water, irrigation, sewage, and sanitation resource
management, including water rights, through the creation of the Department of Water, Irrigation,
‘Sewage, and Sanitation Resource Management.

Water is a basic human need and access to safe and clean drinking water is a basic human
right as recognized by the United Nations. As a national water crisis looms according to a study
by the Japan International Cooperation Agency and the Philippines’ National Water Resources
Board and all major cities of the Philippines have been foreseen to all suffer from water shortage
by 2025, it is only imperative and necessary to take a much needed affirmative action to prevent
this catastrophe!

The present set-up for water, irrigation, sewage, and sanitation responsibilities of the
government involves, among others, the following major government agencies:

a) National Water Resources Board (NWRB), a government agency responsible for
the enforcement of the Water Code of the Philippines which is under the
Department of Environment and Natural Resources (DENR);

b) Local Water Utilities Administration (LWUA), a government-owned and
controlled corporation (GOCC) attached to the Department of Public Works and
Highways (DPWH) and has regulatory powers over:

1) alll local water districts (LWDs); and
2) rural waterworks and sanitation associations (RWSAS) nationwide;

©) Metropolitan Waterworks and Sewerage System (MWSS), a GOCC also attached
to the DPWH, which is responsible for the water supply and sanitation in
Metropolitan Manila and such contiguous areas as may be added to its area of
jurisdiction, and;

d) National Irrigation Administration (NIA), a government agency under the Office
of the President primarily responsible for irrigation development and management.

+ Explanatory Note of SB 208 authored by Senator Francis Tolentino during the 18 Congress entitled: AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES MANAGEMENT DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES which was filed on 2 July 2019


This bill, therefore, seeks to create the Department of Water Resources Management which
shall be the primary agency responsible for the comprehensive and integrated water resources
development and management in the Philippines. Guided by the integrated water resources
management framework and taking into account climate risks, the Department shall exercise such
powers and functions needed to review, revise, harmonize and integrate policies and regulations
for conservation of water resources and effective management of potable water supply. In
managing water resources, the Department shall aim to improve water conservation, increase
system efficiencies, and optimize the use of all freshwater in the country including ground water,
surface water, rainwater, run-offs, floods and urban drainage, and treated wastewater to meet
various needs. It must be stressed that the Philippine government’s responsibility to safe, clean,
accessible and affordable drinking water, sanitation, and irrigation service to the public is of
utmost importance and it is attainable through well-coordinated, effective, efficient and
sustainable management of its water and sanitation resources.

The proposed Department of Water, Irrigation, Sewage and Sanitation Resource
Management shall have the following primary functions:

1) Set the policies for water supply and sewage and sanitation management;

2) Develop and manage the country’s water resources to ensure optimal use, including
but not limited to, domestic, irrigation, power generation, industrial, agricultural,
and commercial use;

3) Build, maintain and monitor water-related infrastructure, water quality and
accessibility;

4) Regulate the operation and management of water utilities such as MWSS, LWDs,
RWSAs and other water and sanitation service providers;

5) Make available and/or provide financial assistance to non-viable LWDs for the
improvement of water facilities or services through funds prior and future
appropriations of the National Government for waterworks and sewerage systems;

6) Regulate and control the utilization, exploitation, development, conservation and
protection of all water resources;

7) Administer and enforce the provisions of Water Code of the Philippines;

8) Plan, design, construct, and/or improve all types of irrigation projects and
appurtenant structures;

9) Operate, maintain, and administer all national irrigation systems (NIS);
10)Supervise the operation, maintenance, and repair, or otherwise, administer
temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

10) Delegate the partial or full management of NIS to duly organized cooperatives or
associations;

11) Construct multiple-purpose water resources projects designed primarily for
irrigation, and secondarily for hydraulic power development and/or other uses such
as flood control, drainage, land reclamation, domestic water supply, roads and
highway construction, and reforestation, among others, Provided, that the plans,
designs, and the construction thereof, shall be undertaken in coordination with the
agencies concerned;

12) Charge and collect from the beneficiaries of the water from all irrigation systems


constructed by or under its administration.

Following the lead of other countries who have found it wise to create a special department
to manage this vital resource of water including Japan, Australia, China, and India, the availability
of potable water in the Philippines and the continuing water supply for domestic, agricultural and
industrial consumption may be ensured and the perennial problem that seriously affects the lives
of the people in terms of health, sanitation, food security, and livelihood may be effectively
addressed.

In view of the foregoing, approval of this measure is earnestly sought.

IERYL P. DELOSO-MONTALLA

Representative
2™ District, Zambales


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3347

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND
SANITATION RESOURCE MANAGEMENT, DEFINING ITS POWERS AND
FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Department of Water,
Irrigation, Sewage, and Sanitation Resource Management Act”.

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to
recognize, protect, realize, and enhance the right of all Filipinos to safe, clean, affordable, and
accessible drinking water, sanitation and irrigation as essential to the full enjoyment of life and all
human rights and the protection and sustainability of the environment.

In pursuit of said policy, this Act shall have the following objectives:

(a) To prioritize and pursue the immediate attainment of universal access to
safe, adequate, and sustainable water supply and sanitation services for all Filipinos
and adopt all necessary measures directed towards the realization of the human right
to water and sanitation; and

(b) To strengthen and coordinate water resource planning and policy-making
to ensure sustainable and fair allocation and efficient use of water resources between
competing water uses and users, including but not limited to domestic and municipal
use, irrigation, power generation, farming, fisheries, commercial, and industrial use.

SECTION 3. Definition of Terms. — For purposes of this Act, the following terms are
hereby defined:
a) Department refers to the Department of Water, Irrigation, Sewage, and Sanitation
Resource Management.

b)

Sanitation refers to sewage, sanitation, and septage management.

©)

Sewerage refers to any system or network of sanitary pipelines, ditches, channels, or
conduits including pumping stations, lift stations, and force mains, service
connections including other constructions, devices, or appliances appurtenant
thereof, which includes the collection, sanitary piping transport, pumping, and
treatment of water-borne human or animal waste removed from residences, buildings,
institutions, and industrial and commercial establishments to point of sewage
treatment plant disposal.


d) Sewage refers to water-carried waste in solution or suspension, including sanitary
waste (waste products of normal living), commercial waste, industrial waste,
agricultural waste, and surface runoff, conveyed by a sewerage system for treatment
or disposal. For purposes of this Act, the definition of septage shall be included in
the use of sewage.

e) Septage refers to sludge produced on individual on-site wastewater disposal systems,
principally septic tanks and cesspools.

‘The terms "infrastructure" and "public works" as used in this Act should be ready to apply
only to wholly or primarily water-related projects and shall not be read to incorporate projects
which would not otherwise fall within the purview of the objectives, powers, and duties of the
Department

CHAPTER IL
ORGANIZATION

SECTION 4. The Department of Water, Irrigation, Sewage, and Sanitation Resource
Management — There is hereby created and established the Department of Water, Irrigation,
‘Sewage, and Sanitation Resource Management, hereinafter referred to as the “Department”, which
shall be organized within one hundred twenty (120) days after the effectivity of this Act. The
Department shall be tasked with developing and implementing a comprehensive water, irrigation,
sewage, and sanitation program for the Philippines including, but not limited to:

a)

Implementing necessary policy and resource reforms with respect to the management
of water, irrigation, sewage, and sanitation;

b)

Monitoring and evaluating compliance with the national goals relating to water,
irrigation, sewage, and sanitation;

c

Formulating a national updated road map to address the water, sewage, and sanitation
requirements of the State; and

d)

Improving conservation of water and increasing system efficiencies.

SECTION 5. Powers and Duties of the Department, — The Department shall have the
following powers and duties, among others

a) Develop policies to promote universal access to safe, adequate, affordable, and
sustainable water supply, irrigation, sewage, and sanitation services for all Filipinos;

b) Coordinate with relevant government agencies or entities to provide policy
directions, strategies, and targets to meet the goals and objectives for water supply,
irrigation, sewage, and sanitation. Such policies shall, among other things, integrate
the issues of water, irrigation, sewer, energy, environment, and food security;

c) Manage and protect the country's water resources to ensure the optimal use thereof
for domestic water supply, sewage, sanitation, irrigation, hydropower, navigation,
flood control, and recreation, including the enhancement and maintenance of water
quality, conservation of watersheds, control of water pollution, and environmental
restoration, without compromising the natural ecosystem functions and services;

d) Manage the ownership, appropriation, utilization, exploitation, development,
conservation, and protection of water resources and rights to land related thereto and
their competing demands;

f) Undertake and coordinate with other agencies and government entities in data


gathering, scientific research, and studies on water resources management and
development, and conduct nationwide hydrologic surveys to determine the annual
renewable water available per water region:

g) Formulate and enforce rules and regulations in the administration and management
of the country's water resources and implement rules and guidelines for the
enforcement of water-related laws;

h) Conduct continuing surveys and studies of the country’s renewable water supply with
a view towards formulation long-term policies to balance the sustainability and
optimal use of water resources, defining the hydrologic boundaries of basins of the
existing water supply sources, and creating and implementing countrywide master
plans for water resources management and development;

i Coordinate with and assist other government agencies in all aspects of data gathering,
conduct studies and research, and classify and establish water quality standards for
surface and ground water, including national standards for drinking water and
wastewater effluence in coordination with relevant agencies;

j Coordinate with other relevant agencies to engage in flood control and flood risk
management, formulate integrated water resources management (IWRM) policies
and plans, and coordinate the implementation, promotion, revision, and enhancement
of IWRM plans;

k) Effect and compel inter-sectoral, inter-agency, and inter-departmental coordination
on water, irrigation, energy, environmental, sewage, and sanitation resources
development planning with the aim of operationalizing the integrated approach water
resources management;

Regulate and control the utilization, exploitation, abstraction, diversion, and
development of water resources, taking into its equitable distribution, and determine
the standards of beneficial and priority uses of water in times of crisis and national
emergencies;

m) Assist and provide the National Economic and Development Authority (NEDA) with
required data and inputs from and for the water sector in the formulation of the
country’s short-term and long-term strategic development plans and actions;

n)

Coordinate with other relevant government agencies and develop policies and plans
in respect of water resources for farming, including sustainable mechanisms for
irrigation;

©) Pass upon, approve, or disapprove all plans, programs, or development projects of
private individuals, and government agencies, whether national or local, that affect
water resources, its diversion or abstraction, and the construction of hydraulic
facilities, including but not limited to plans and projects in watershed or basin areas
of water supply sources, which have direct or indirect impact on the affected locality's
water resources;

p) Review from time to time regulations prescribed by any government agency
pertaining to water use, exploitation, development, conservation, or protection of
‘waters, water resources, and watershed or basin areas;

q) Authorize its representatives or any deputized agent to enter any property of public
dominion or any private land, building, or enclave, whether inhabited or not, for the
purpose of conducting hydrologic surveys and investigations, including assessing
and evaluating the conditions of water facilities installed and determining compliance


with water laws and standards;

Q

Require Local Government Units (LGUs) and national agencies to submit zoning and
land use management plans to ensure the integration of water resource management
plans; Provided, That no zoning and land use plan shall become effective and
enforceable unless and until a certification of integration of water, sewage, and
sanitation resource management plan has been issued by the Department. Should the
Department have serious concerns affecting conservation and sustainability of water
supply, such concerns must first be resolved by the Department and the concerned
LGU and/or national agency. However, in the absence of such the concerned
LGU and/or government agency may, ninety (90) days from the submission of its
zoning and land use plan and after submitting to the Department a written notice of
compliance with this provision, proceed with the implementation of its zoning and
land use plan without prejudice to later integration of the water resource management
plan for the locality;

8)

Provide technical assistance to water, irrigation, sewer and sanitation users, whether
directly or in coordination with other agencies, to assist them in applying for water
and irrigation permits and providing data on water, irrigation, sewage, and sanitation
Fesource usage;

Plan, design, construct, and/or improve all types of irrigation projects and
appurtenant structures;

u) Operate, maintain, and administer all national irrigation systems (NIS);

v)

Supervise the operation, maintenance, and repair, or otherwise, administer
temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

w) Supervise the operation, maintenance, and repair, or otherwise, administer
temporarily all communal and pump irrigation systems constructed, improved,
and/or repaired wholly or partially with government funds;

x)

Delegate the partial or full management of NIS to duly organized cooperatives or
associations;

y.

Construct multiple-purpose water resources projects designed primarily for
irrigation, and secondarily for hydraulic power development and/or other uses such
as flood control, drainage, land reclamation, domestic water supply, roads and
highway construction, and reforestation, among others, Provided, that the plans,
designs, and the construction thereof, shall be undertaken in coordination with the
agencies concerned;

2)

Charge and collect from the beneficiaries of the water from all irrigation systems
constructed by under its administration;

aa) In coordination with other relevant government agencies, develop and implement
effective codes, standards and reasonable guidelines to ensure the safety of all public
and private structures in the country and assure efficiency and proper quality in the
construction of water, irrigation, sewage, and sanitation infrastructures;

bb) Coordinate with relevant government agencies, including the Department of
Environment and Natural Resources, to ensure that the agencies’ respective standards
complement each other when taken as part of a larger whole;

cc) In coordination with other relevant agencies, ascertain that all plans and project


implementation designs are consistent with current standards and guidelines;

dd) Provide the works supervision function for all public works construction and ensure
that actual construction is done in accordance with approved government plans and
specifications;

ee) Assist other government agencies, including LGUs, in determining the most suitable
entity to undertake the actual construction of water, irrigation, sewage, and sanitation
projects;

ff) Maintain and cause to be maintained all flood control water resource development
systems, irrigation systems, and other public works throughout the country except
those that are the responsibility of other agencies as directed by the President of the
Philippines or as provided by law;

gg) Provide integrated planning for flood control, flood risk management, and water
resource development and management systems, other public works;

hh) Issue and promulgate rules, regulations, and guidelines as may be necessary to
implement and enforce its powers and functions under this Act;

ii) Determine and require the monitoring and submission of such data, statistics and
other information as may be necessary for the effective and efficient exercise of its
duties, functions, powers and responsibilities;

i) Respond to consumer complaints and ensure the adequate promotion of consumer
interests;

kk) Deputize agents, whether from the public or private sector to assist in the
performance of any of the powers and functions of the Department;

Il) Appoint, hire, and maintain adequate staff and personnel, advisers, and/or consultants,
with suitable qualifications and experience, as necessary;

mm) Manage funds coursed through it under General Appropriations Act intended as
financial assistance to LWDs or LGUs for the development and/or improvement of water
supply and sanitation facilities;

nn) Exercise such other powers and functions necessary or incidental to the effective
administration and management of the country’s water, irrigation, sewage, and sanitation
resources;

00) Exercise such other incidental powers and functions as may be necessary to attain
the objectives of this Act; and

pp) Carry such other functions as the President may from time to time assign to the
Department consistent with the aims and provisions of this Act.

SECTION 6. Secretary of the Department of Water, Sewage, and Sanitation. — The

authority and responsibility for the exercise of the mandate of the Department and for the
discharge of its powers and functions shall be vested in the Secretary of the Department of Water,
Sewage and Sanitation, hereinafter referred to as the Secretary, who shall have supervision and
control over the Department and shall be appointed by the President. For such purposes, the
Secretary shall

a) Advise the President on the promulgation of executive or administrative orders,
regulations, proclamations, and other issuances relative to matters under the
jurisdiction of the Department;


b)

Establish the policies and standards for the operation of the Department pursuant to
the President's guidelines;

©

Promulgate rules and regulations necessary to carry out Department objectives,
policies, and functions;

d

Exercise supervision and control over all Bureaus and Offices under the Department;

G

Supervise all attached agencies and corporations in accordance with law;

f) As deemed appropriate by the Secretary, delegate authority for the performance of
any power or function, as defined herein or as delegated by the President, to officers
and employees under his direction; and

g) Perform such other duties and responsibilities as may be provided by law.
SECTION 7. Office of the Secretary — The Office of the Secretary shall be composed
of the Secretary and his immediate staff.

SECTION 8. Undersecretaries. — The Secretary shall be assisted by not more than five
(5) Undersecretaries, who shall be appointed by the President upon the recommendation of the
Secretary, as follows:

a) One for the Finance Service;

b) One for the Administrative Service;

c) One for the Planning and Engineering Services;

d) One for the Regulatory and Financial Assistance Services; and
) One for the Operations.

Within her/his functional area of responsibility, an Undersecretary shall have the following

a) Advise and assist the Secretary in the formulation and implementation of Department.
policies, plans, programs, and projects;

b) Supervise all the operational activities of the units assigned to her/him, for which
she/he is responsible to the Secretary, and

c) Perform such other duties and responsibilities as may be assigned or delegated by
the Secretary to promote efficiency and effectiveness in the delivery of public services
or as may be required by law.

SECTION 9. Assistant Secretaries. — The Secretary shall also be assisted by one
Assistant Secretary for Internal Audit and the five (5) Undersecretaries shall each be assisted by
not more than three (3) Assistant Secretaries likewise appointed by the President of the Philippine
upon the recommendation of the Secretary.

SECTION 10. Organizational Structure. — The Department shall be composed of the
following organization units:

a) Department Proper consisting of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, the Internal Audit, Finance Service,
Administrative Service, Planning and Engineering Services, Regulatory and
Financial Assistance Services; and Operations; and

b) Regional Offices, as deemed appropriate and necessary by the Secretary.


SECTION 11. Internal Audit, — The Internal Audit is hereby created for the purpose of
conducting comprehensive audit of various Department activities and shall have the following
specific functions:

Advise the Secretary on all matters relating to management control and operations
audit;

b) Conduct management and operations performance audit of Department activities and
units and determine as to compliance with established objectives, policies, methods
and procedures, government regulations, and contractual obligations of the
Department;

°)

Review and appraise systems and procedures, organizational structure, assets
management practices, accounting, and other records, reports, and performance
standards of the Department of Proper and Regional Offices;

d)

Analyze and evaluate management deficiencies and assist top management to solve
problems by recommending realistic courses of action; and

°)

Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

SECTION 12. Finance Service. — The Finance Services is hereby created to provide the
Department with coordinated services relating to financial systems and procedures, budget, cash,
accounting, and all financial matters not falling under other Services. For such purposes, it shall
have the following functions:

a)

Advise the Secretary on all matters relating to the accounting of government
expenditures and receipts, budgeting and cash management, project finances, and
financial systems and procedures;

b)

Prepare budget proposals and pursue formal budget authorizations, undertake budget
execution, and prepare and submit all appropriate reports to the proper offices;

©

Develop and maintain accounting, financial, and assets management systems,
procedures, and practices in the Department Proper and Regional Offices in
accordance with the existing government accounting and auditing rules and
regulations;

dq)

Provide assistance in its area of specialization to any unit of the Department and,
when requested, to government corporations, councils, and boards attached to the
Department; and

@)

Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

SECTION 13. Administrative Service. — The Administrative Service is hereby created
to provide the Department with services relating to human resources development, personnel
records, facilities maintenance, medical and dental, gender and development (GAD), security,
property and procurement services. For such purposes, it shall have the following functions:

a) Advise the Secretary on all matters relating to internal administration and human
resources management,

b) Prepare and implement an integrated personnel plan that shall include provisions on
merit promotion, performance evaluation, job rotation, suggestions and incentive
awards systems, and health and welfare services;


°)

Provide services related to human resource training, education, and development,
including manpower, career planning and forecasting and development of indigenous
training materials;

d)

Prepare and/or implement Department GAD plans and budgets and GAD
accomplishment reports;

°)

Develop, establish, and maintain an efficient and cost-effective property procurement
system and facilities and coordinate or otherwise interface with relevant agencies,
whether government or private, for the purpose of developing or upgrading the
system;

f) Secure and maintain necessary Department facilities, and develop, establish, and
maintain an efficient and effective security system covering, among others,
personnel, physical installations, equipment, documents, and materials, including the
conduct of security investigations;

Coordinate with the appropriate government agencies for a more efficient conduct of
administrative processes;

8)

h

Develop, establish and maintain an efficient records system;

Provide assistance in its area of specialization to the Department Proper and Regional
Offices and, when requested, the government agencies and corporations attached to
the Department, and

j) Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

SECTION 14. Planning and Engineering Services. — The Planning and Engineering
Services is hereby created to provide the Department with the capability to undertake infrastructure
development planning, programming and implementation. For this purpose, it shall have the
following functions:

a) Advise the Secretary on all matters relating to infrastructure planning and
implementation;

1)

Formulate strategies and priorities for infrastructure development consistent with
national development objectives and initiate or undertake relevant surveys for
development planning;

©

Formulate and implement long-range, medium-term and annual development plans
and programs for infrastructure, including flood control, water resource development
systems, and other public works projects, including phasing of implementation and
review and integrate land use plans with such water development plans;

d

Identify and implement priority packages for infrastructure development, including
flood control, water resource development systems, and other public works projects,
and undertake or supervise and evaluate the conduct of feasibility studies and project
preparation and implementation thereof,

€)

Prioritize project implementation and the allocation of funds and other resources and
package project proposals for funding and implementation;

f) Evaluate and appraise all regional interregional infrastructure development plans and
programs as to their feasibility and consistency with approved strategies and long and
medium-term plans;


2) Initiate regular Department-wide planning exercises and act as the secretariat thereof;

1)

Gather, analyze, and organize needed statistical data and information;

i) Provide technical assistance related to its functions to the other Services and Regional
Offices as needed; and

j) Perform such other related duties and responsibilities as may be assigned or delegated
by the Secretary or as may be required by law.

SECTION 15. Regulatory and Financial Assistance Services. — The Regulatory and
Financial Assistance Services is hereby created to provide the Department with services on all
legal affairs, compliance of attached government corporations, LWDs, RWSAs, cooperatives, and
other associations, including private entities under contractual or concession arrangement with
them, and other private water service providers on the established standards, rules and regulations
relating to: water quality; infrastructure and facilities design and construction, equipment,
materials and supplies; operations and maintenance; personnel; organization; accounting; tariffs;
and other matters subject to regulation. It shall also provide the Department services on the
management of the financial assistance available and granted to LWDs and RWSAs. For this
purpose, it shall have the following functions:

a) Advise the Secretary on all matters relating to legal affairs and regulation of the
operation of the attached corporations, LWDs RWSAs, cooperatives and other
associations;

b)

Provide legal assistance to the Department Proper and Regional Offices and, when
requested, the attached corporations and boards;

d) Prepare Department contracts and legal instruments, review of administrative charges
against officers and employees of the Department, members of the top management
of the attached corporations and boards;

¢)

Conduct administrative investigation as well as the review of administrative charges
against officers and employees of the Department, members of the top management
of the attached corporations and boards;

f) Exercise functional jurisdiction over the legal staffs of Regional Offices;

g) Establish standards for: water quality; design and construction of facilities; optimum
selection of equipment, materials and supplies, procedures for operations and
maintenance of water and sewer equipment and facilities; training of personnel:

organization; uniform accounting system; tariffs;

h

Review all water rates or charges;

i) Manage the financial assistance available and granted to LWDs, RWSAs and other
qualified water utilities.

SECTION 16. Operations. — The Operations is hereby created to provide the Department
through Regional Offices with the capability to plan, design, and implement projects for water
resource development systems, irrigation, flood control, and other public works in different
regions of the country. For this purpose, it shall have the following functions:

a) Undertake and evaluate the planning, design, construction, and works supervision
functions of the Department for the abovementioned infrastructure within the region;

b) Undertake the maintenance of the abovementioned infrastructure within the region
and supervise the maintenance of such local infrastructure receiving national


government financial assistance as the Secretary may determine;

°)

Ensure the implementation of laws, policies, programs, rules and regulations
regarding the abovementioned infrastructure as well as public and private physical
structures;

d

Provide technical assistance related to their functions to other agencies within the
region;

¢

Coordinate with other departments, agencies, institutions, and organizations within
the region. in the planning and implementation of infrastructure projects;

f) Conduct continuing consultations with the local communicates, take appropriate
measures to make the services of the Department responsive to the needs of the
general public, compile and submit such information to the central office, and
recommend such appropriate actions as may be necessary; and

g) Perform such other related duties and responsibilities as may be assigned or delegated

by the Secretary or as may be required by law.

SECTION 17. Regional Director. — Each Regional Office shall be headed by a Regional
Director who shall be responsible for efficiently and effectively carrying out the duties and
responsibilities of the Regional Office. She/he shall also perform such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as may be required by law.

The Regional Director shall be assisted by two (2) Assistant Regional Directors who shall
exercise supervision respectively over (1) the planning, project design, evaluation, and technical
assistance functions of the Regional Office, and (2) the construction, maintenance, and works
supervision functions in the region.

CHAPTER Il
TRANSITORY PROVISIONS

SECTION 18. Interface with Other Sector Regulators. — The Department is mandated
to coordinate with the different sector regulators as follows:

a) The Department of Environment and Natural Resources (DENR) shall continue to
have the primary authority and responsibility for protecting the environment and for
the conservation of water and related natural resources, including protecting water
bodies from waste and pollution and shall promulgate rules, regulates, and standards
in this regard. The Department shall coordinate with the DENR with respect to the
conservation of water resources, protection from sewage and septage waste, and
restoration from environment damage.

b) The Department of Health (DOH) shall have primary authority and responsibility for
determining and enforcing drinking water quality and sanitation standards. The
Department shall coordinate with the DOH to achieve an integrated approach for
sanitation, including toilets, collection, treatment, and evaluation of wastewater.

°)

The Department shall subsume responsibility from the Department of Public Works
and Highways (DPWH) for wholly or primarily water-related public works projects
including flood control, water resources development, sewerage, sanitation, and the
harnessing and impounding of water. The Secretaries of each department shall
coordinate on the development of evaluation criteria, as necessary, to determine
proper allocation of public works projects between the two departments.

d) The Department shall absorb the responsibility from the Department of Interior and


Local Government (DILG) on the management and operation of water supply systems
of local government units

SECTION 19. Transfer of Rights and Obligations. — The Department, shall by virtue of
this Act, be subrogated to all the rights, and assume all the obligations of the relevant parts of any
government agency or unit whose powers and duties have been transferred to the Department,
including the DPWH, National Irrigation Administration (NIA), National Water Resources Board
(NWRB), Metropolitan Waterworks and Sewerage System (MWSS), Local Water Utilities
‘Administration (LWUA), Metro Manila Development Authority (MMDA), and the Department
of Interior and Local Government (DILG).

‘The transfer of powers and functions in Section 18 above, as applicable, and agencies
attached thereto, as herein provided for, shall take effect within one hundred eighty (180) days
after the effectivity of this Act. The foregoing transfer of powers and functions shall include all
applicable funds, personnel, records, property, and equipment, as may be necessary. All offices
shall continue to function under their present mandates until transition is effected as provided for
under this Act.

All rights and obligations of said government agencies are hereby transferred to and
assumed by the Department and shall be acted upon in accordance with the rules and regulations
of the Commission on Audit and other pertinent laws, rules, and regulations.

SECTION 20. Separation from Service. — Employees separated from government
service as a result of this Act shall be entitled to the benefits that they may receive under existing
laws, rules, and regulations.

SECTION 21. Funding. — The sum of Five (5) Billion Pesos shall be set aside from any
available funds of the National Treasury, and is hereby appropriated and authorized to be released,
for the organization of the Department and its initial operations.

Thereafter, funds sufficient to fully carry out the objectives, powers, and functions of the
Department shall be appropriated every fiscal year in the General Appropriations Act.

‘The Department shall submit its annual budget, which shall include, among others, detailed
information on the compensation and benefits received by their employees to the Office of the
President for approval.

SECTION 22. Separability Clause. - If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SECTION 23. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provision of this Act is hereby repealed, modified or amended accordingly.

SECTION 24. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation with its Implementing Rules and
Regulations promulgated by the MPPPC within sixty (60) days from the formal organization of
the Council.

Approved,