19" CONGRESS
First Regular Session i

HOUSE BILL NO. 3082

Introduced by REP. ARJO ATAYDE

AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES, DEFINING ITS
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Pursuant to Republic Act No. 9275, otherwise known as the “Philippine Clean
Water Act of 2004”, the Department of Environment and Natural Resources was
designated as the oversight agency for implementing water quality guidelines, effluent
standards, and environmental regulatory compliance. The said law, however failed to

consolidate mandates of institutions across specific aspects of sanitation.

It is worth noting that the government has more than thirty (30) agencies and
offices that have water-related functions relating to water supply, quality, servicing, and
wastewater yet we lack an overarching framework and direction. Moreover, the
encompassing scope of the said agencies and offices caused unavoidable overlaps in

terms of mandates which resulted in disaggregated efforts.

This bill seeks to create the Department of Water Resources which shall be the
primary national agency responsible for the comprehensive and integrated planning,
policy formulation, and management of water resources in the country. It shall ensure the
effective implementation of ali the provisions of the “Philippine Clean Water Act of 2004
Presidential Decree No. 1067 otherwise known as “The Water Code of the Philippines”
and the water aspect of Presidential Decree No. 856, otherwise known as the “Code on

Sanitation of the Philippines.”



In view of the foregoing, approval of this bill is earnestly sought

v
REP. ARJO ATAYDE


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19 CONGRESS
First Regular Session

House BILLNo. 3082_

Introduced by REP. ARJO ATAYDE

AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES, 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:

SECTION 1. Short Title. - This Act shail be known as the “Department of Water
Resources Act."

SEC. 2. Declaration of Policy. - Its 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 the protection
and sustainability of the environment.

SEC. 3. The Department of Water Resources. - There is hereby created and
established a Department of Water Resources, herein referred to as the "Department"
which shall be organized within one hundred twenty (120) days after the effectivity of this
Act.

SEC. 4. Objectives, Duties and Powers of the Department of Water Resources. -

(a) Formulate, recommend, and implement national policies, plans, programs, that
will establish systematic and efficient water management and ensure the
availability of water for specific purposes in the country;

(b) Integrate the different agencies of the government that have water-related
functions into the Department of Water Resources;

(c) Create and update a road map of river and water sources;

(4) Conduct continuing surveys and studies of the country's renewable water
supply with a view towards formulating long-term policies to balance the


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sustainability and optimal use of water resources, defining the hydrologic
boundaries of basis of the existing water supply sources, and create and
implement countrywide master plans for water resources management and
development;

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

(f) Assist and provide the National Economic and Development Authority (NEDA)
with required date 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;

(g) Require all private individuals, corporations and government agencies affecting
water resources and the construction of hydraulic facilities in watershed or
basin areas of water supply sources to obtain a permit to construct such
facilities from the Department;

(h) Conduct and continue studies pertaining to water use, exploitation,
development, conservation or protection of waters, water resources, and
watershed or basin areas;

(i) Enter any property of public dominion or any private land or building for the
purpose of conducting hydrologic surveys and investigations and to determine
compliance with water laws and standards;

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

(k) Ensure and protect the rights and welfare of consumers;

(V) Exercise such other acts as are incident to or appropriate and necessary in
connection with the creation of the Department.

SEC. 5. Secretary of the Department of Water Resources. - 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 Water Resources.

SEC. 6. Office of the Secretary. - The Office of the Secretary shall be composed of the
Secretary and his/her immediate staff.


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SEC. 7. Undersecretaries. - The Secretary shall be assisted by not more than s five (5)
Undersecretaries, who shall be appointed by the President upon the recommendation of
the Secretary, as follows:

One for Finance Service;

One for Administrative Service;

One for Planning and Engineering Services;

One for Regulatory and Financial Assistance Services; and
. One for Operations

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

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.

SEC. 8. 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.

SEC. 9. 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, regulations 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;


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c. 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,

SEC. 10. Implementing Rules and Regulations. -Within one hundred eighty (180) days

from the effectivity of this Act, the Department, in consultation with the concerned
government agencies, shall promulgate the necessary implementing rules and
regulations for the implementation of this Act: Provided, That such implementing rules
and regulations shall only take effect fifteen (15) days following its publication in two (2)
newspapers of general circulation.

SEC. 11. Appropriations. - The amount necessary to carry out the initial implementation
of this Act shall be sourced 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

SEC. 12. Separability Clause. -If any part or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in force and effect

SEC. 13. Repealing Clause. - The provisions of any law, whether general or s special,
rules and regulations and other issuances or parts thereof which are inconsistent with this
Act are hereby repealed, amended or modified accordingly.


SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation

Approved.