SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
·S.B.No.JL 
) 
) 
) 
Introduced by Senator LOREN LEGARDA 
EXPLANATORY NOTE 
'13 .J\Jl-1 
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According to the National Water Resources Board (NWRB), there are 421 
principal river basins in the Philippines, 20 of which are larger than 1,000 square 
kilometers and 18 of which are larger than 1,400 square kilometers. In 2007, the 
DENR declared that of the 421 principal river basins, 50 are already considered 
"biologically dead" due to pressures caused by urbanization, industrialization 
and poor sewerage, sanitation facilities, heavy siltation of rivers and other 
waterways, among others. This is an ongoing crisis since surface water is one of 
the counb'y's three (3) main water sources, apart from rainfall and groundwater. 
Currently there are more than 30 government agencies and departments 
that work on water and water-related programs. Notable of which are the main 
institutions - the National Economic and Development Authority (NED A) which 
serves as the country's premier social and economic development planning and 
coordinating body, the National Water Resources Board (NWRB) which is the 
national apex body for water resource management and development; the 
Department of Environment and Natural Resources (DENR) which is responsible 
for the conservation, management, development and proper use of the country's 
environment and natural resources; the River Basin Control Office (RBCO) under 
the umbrella of DENR which is tasked to manage and develop the country's 
priority basins; the DepaJ'tment of Public Works and Highways (DPWH) 
mandated to undertake the design, construction, and maintenance of major flood 
control systems. 
However, despite these collaborative efforts exerted by the government, 
various risks caused by typhoon Sendong that hit Northern Mindanao and some 
parts of the Visayas and Central Visayas including Negros Oriental, were not 
minimized. The risks of flashfloods and other water-related disasters are 
aggravated by extreme weather events due to climate change. Exacerbating the 
situation is the absence of an institutional framework addressing issues on water 
resource development, which leads to a fragmented and oftentimes conflicted 
approach in water management. 
It is in this light that this proposed measure seeks to adopt and 
institutionalize the Integrated River System Management Approach as a 
systematic framework in addressing river water management and development 
and establish a comprehensive river administration system for flood control, 
water use and environmental conservation. 


The salient points of the proposed River Administration bill are 
as 
follows: 
(a) Classification of river basins in terms of importance to land 
conservation and the national economy; 
(b) Adoption of an Integrated River System Management Approach which 
ensures that in principle, one whole river basin i,ystem is governed by 
one River Administrator; 
(c) Provision of strong authority for River Administrators on river and 
river water used to ensure orderly administration; 
(d) Creation of Drought Management Council; 
(e) Designation of local disaster risk reduction and management offices as 
flood fighting organizations; and 
(f) Creation of National River Councils and Provincial River Councils. 
In view of. the foregoing, early passage of this bill is earnestly sought. 
~~~-~~~=----? 
c-----r:6ltEN IEGARDA 
Senator 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No.-9-
Introduced by Senator LOREN LEGARDA 
AN ACT 
· ,tl'I1!.!te 
t~Hf,;r tlf Hrt i:'f'~"-fbr!l. 
'13 
JUL ·,1 
1\8 :51 
ADOPTING THE INTEGRATED RIVER BASIN MANAGIlMENT APPROACH AS 
A COMPREHENSIVE FRAMEWORK IN DEVELOPING AND MANAGING THE 
COUNTRY'S RIVER BASIN SYSTEMS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of ,the Philippines in Congress 
assembled: 
CHAPTER I 
GENERAL i'ROVISIONS 
1 
SECTION 1. Short Title. - This Act shall be known as the "Philippine River 
2 
Basin System Administration Act of 2013", 
3 
SEC. 2. Declaration of Policy. It is the policy of the State to protect and 
4 
advance the right of the people to a balanced and healthful ecology in accord with the 
5 
rhythm and harmony of nature, Pursuant thereto, and since all rivers and river systems 
6 
are subject to the full protection of the State, there is a need for their proper 
7 
administration, conservation and utilization so as to prevent damage due to hazards 
8 
that are worsened by climate change and keep the normal functions of the river water 
9 
by maintaining and conserving the fluvial environment. 
10 
SEC. 3. Definition of Terms .. As used in 'this Act,. the following words or 
11 
terms shall mean: 
12 
(a) "Class A Rivers" - river basins which are deemed important in terms of 
13 . 
land conservation and/ or national economy as designated by the 
14 
Natiorial River Councils; 
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(b) "Class B Rivers" - one designated by the provincial governor concerned, 
which belongs to such a water system other than those designated by the 
National River Councils; 
(c) "Disaster Risk Reduction" - the concept and practice of reducing risks 
through systematic efforts to analyze and manage the causal factors of 
disasters, including through reduced exposures to hazards, lessened 
vulnerability of people and property, wise management of land and the 
environment, and the improved preparedness for adverse events; 
(d) "Food fighting organizations" - the local disaster risk reduction and 
management offices established by virtue of RA 10121, otherwise known 
as the "Philippine Disaster Risk Reduction and Management Act of 2010"; 
(e) "Flood fighting activities" - small-scale measures designed to minimize, if 
not prevent, £looding damage; 
(f) 
"NDRRMC" - the National Disaster Risk Reduction and Management 
Council established by virtue of RA. No. 10121"; 
(g) "River" - Class A or Class B river and includes the river administration 
facilities. This includes not only natural streams and water bodies such as 
rivers, lakes, and marshes, but also such artificial streams (i.e. floodway) 
that have been constructed to serve a purpose for the general public, 
excluding artificial streams and water areas provided for a specified water 
use, such as channels for agriculture or power generation, 
sewel~ 
irrigation ponds, etc."; 
(h) "River administration facility" - a dam, weir, sluice, levee, revetment, 
ground sill or fluvial woods, which have the fultction of increasing or 
maintaining public benefits from water of a rive'r or of eliminating or 
decreasing public losses which may be caused by the water of a river; 
(i) 
"River administrators" - persons who administer rivers; 
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3 
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0) 
"River works" - works executed on a river in order to increase the public 
benefits or eliminate or diminish public losses caused by the water of the 
river, including earth works (banking, excavation), construction and 
repairs of structural facilities such as a levee, dam, weir and others, 
countermeasures for storm surge, improvement of river environment, 
among other things. 
CHAPTER 2 
CLASSIFICATION OF THE RIVER ZONE 
7 
Sec. 4. River Zone. - The river zone shall refer to the area where the land or 
8 
river water use shall be regulated. It shall include: 
9 
(a) The area of land where the water of a river flows continuously and of the 
10 
land where the topography, conditions of growth of vegetation and other 
11 
conditions are similar to the conditions of the land where the water flows 
12 
continuousl y; 
13 
(b) The area of the land which is a site of a river administration facility; and 
14 
(c) The land on the riverside designated by the river administrator as 
15 
necessary in order to perform river administration works in the area, as 
16 
under Section 4(a). 
17 
Sec. 5. 
River Conservation Zone. - When the river administrator deems it 
18 
necessary for the conservation of the river bank or the river administration facilities, he 
19 
may designate an area adjacent to the river zone as a river conservation zone. 
20 
Sec. 6. Projected River Zone. - In case the river administrator deems it necessary 
21 
for the execution of rivel: works, he can designate as a projected river zone a stretch of 
22 
land, which is to have a lane included in the river zone by execution of the river works. 
3 


CHAPTER 3 
ADMINISTRATION OF RIVERS 
1 
Sec. 7. Administration of Class A Rivers - The Secretary of the Department of 
2 
Public Works and Highways (DPWH) shall administer Class A Rivers, as follows, to 
3 
wit: 
4 
(a) Direct Management Segment. - Segments of Class A River with a 
5 
particular high level of importance shall be managed by the Secretary of 
6 
DPWI-J; 
7 
(b) Designated Segment. - Segments of Class A Rivers not part of Sec. 7(a) are 
8 
referred to as "Provincial Administration Section", which the Secretary 
9 
may entrust part of its administration with the provincial governor that 
10 
has jurisdiction of the river basin system wl,ere the "Provincial 
11 
Administration Section" is located; 
12 
Sec. 8. Administration of Class B Rivers. - The administration of a Class B 
13 
River shall b~ performed by the governor of the province where the river concerned is 
14 
located. 
15 
Sec. 9. Administration of Class B Rivers on the Provincial Boundaries. - With 
16 
regard to the part of a Class B River forming or crossing the boundary between two or 
17 
more provinces, the provincial governors concerned shall fix a special system of 
18 
administration. 
CHAPTER 4 
CREATION OF THE NATIONAL RIVER COUNCIL 
19 
SEC. 10. The National River Council. - To serve as advisory council for the 
20 
river administrators, there shall be created the National River Council, hereinafter 
21 
referred to as the Council, which will be tasked to provide strategic proposals on 
22 
resource management of the country's rivers. It shall be composed of the Secretary of 
23 
the Department of Public Works and Highways (DPWH) as Chairman, and the head of 
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1 
the National of the National Water Resources Board (NWRB) as Vice-Chairman and 
2 
shall have the following as members: 
3 
(a) One (1) representative from the National Economic and Development 
4 
Authority (NEDA); 
5 
(b) One (1) representative from the Department of Environment and Natural 
6 
Resources (DEN E); 
7 
(c) One (1) representative from the Deparhnent of Science and Technology 
8 
(DOST); 
9 
(d) One representative from the Deparhnent of Agriculi:ure (DA); 
10 
(e) One (1) representative from the Department of Energy (DOE); 
11 
(f) One (1) representative from the National Water Resources Board (NWRB); 
12 
(g) One (1) representative from the National Hydrology Research Center 
13 
(NHRC) of the University of the Philippines; 
14 
(h) One (1) representative from the National Institute for Geological Sciences 
15 
(NIGS) of the University of the Philippines; 
16 
(i) One (1) representative from the Philippine Atmospheric Geophysical and 
17 
Astronomical Services Administration (PAGASA); 
18 
0) One (1) representative from the NDRRMC; and 
19 
(k) One (1) representative from the Climate Change Cmnmission. 
20 
The Secretary of DPWH shall appoint additional two (2) members from the 
21 
private sector who are experts on rivers, two (2) representatives from the private 
22 
industrial, irrigation, hydro power users, and two (2) non-government organizations 
23 
(NGOs) in the field of water resource management and conservation. 
24 
SEC. 11. 
Powers and Functions of the Council. - The Council shall have the 
25 
following powers and functions: 
26 
(a) Develop a National River Plan, which shall provide river administrators 
27 
strategic proposals on effective river and river water management based 
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on changing needs and priorities of the country, The plan will be based on 
2 
inputs collected from opinions of water use experts, water users, and 
3 
other stakeholders, This plan shall serve as the principal gUide in the 
4 
formulation of river administration and improvement plans throughout 
5 
the country and shall be reviewed on a five-year interval, or as may be 
6 
deemed necessary, to ensure its relevance to the times; 
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(b) Designate river water systems, on the basis of their importance to 
8 
environmental conservation and! or to the national economy, as Class A 
9 
rivers; 
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(c) Ensure the competence of river administrators in the discharge of their 
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duties by providing them with institutional and technical support and 
12 
monitor their compliance with the river administration and improvement 
13 
plans; 
14 
(d) In cases where it is found the river administrator fails to discharge his 
'is 
duties as such, the Council, may designate the Secretary of the DPWH as 
16 
river administrator until such time that a competent river administrator 
17 
may already take his place; 
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(e) Upon the request of the Secretary of the DPWH, the Council shall conduct 
19 
deliberations on matters which are important in achieving effective river 
20 
administration in the country; 
21 
SEC. 12. Provincial River Councils. - There shall be created Provincial River 
22 
Councils ernpowered to coordinate, supervise, and monitor the river administration 
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activities of the Class B rivers to ensure their consideration of the current National 
24 
River Plan, It shall be composed of the Provincial Governor, as Chairman, the Regional 
25 
Director of NEDA, as Vice-Chairman, and the following as members: 
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(a) The Provincial Vice-Governor and Board Members; 
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(b) One (1) representative from the DENR; 
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(c) One (1) representative from the DPWH; 
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(c) One (1) representative from the LDRRMOs; 
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(d) Three (3) representatives from the private sectors coming from the private 
4 
industrial, commercial, and agricultural users; 
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(e) One (1) NGO representative with expertise in the field of water 
6 
conservation; and 
7 
(f) One (1) representative from the academe with expertise in water issues. 
CHAIJTER 5 
PLANNING OF RIVER ADMINISTRATION 
8 
Sec. 13. Fundamental River Management Policy .. - The river administrator 
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shall determine the flood discharge, river water quality, as stipulated in the Clean 
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Water Act, and other matters which shall be the basis for a "fundamental river 
11 
management policy" of river works and river maintenance, hereinafter referred to as 
12 
"river improvement". 
13 
There shall b<;> established a fundamental river management policy for each river 
14 
system to ensure comprehensive administration of the rivers in the water system, by 
15 
taking into consideration the conditions of flood damage fn~quency, present status of 
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water resource utilization, their development and the fluvial environment. 
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Sec. 14. The River Improvement Plan. - River administrators shall establish a 
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plan to improve the river concerned hereinafter referred to as the" river improvement 
19 
plan", and comply with the following fundamental river management policy: 
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(a) The river administrator shall undertake necessary measures to maintain 
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the quality of the water of the river, based on standards set by the DENR 
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under Section 19 of the Clean Water Act of 2004, and to prevent the 
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occurrence of disasters and/ or mitigate damages for those areas where 
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disasters frequently occur due to precipitation, topography, geology and 
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other conditions; 
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(b) In drafting a river improvement plan, a river administrator shall consult 
those with academic background and expertise; 
(c) In consideration of the preceding paragraph, riveT administrators shall 
take necessary measures, such as public hearings, among other things, to 
reflect the opinion of the people concerned whenever necessary; 
(d) When a river administrator establishes a river improvement plan, he/ she 
shall make public notification without delay; 
(e) The river improvement plan should be harmonized with the respective 
national and local disaster risk reduction and management plans and the 
National and Local Climate Change Action Plan; 
CHAPTER 6 
ADMINISTRATIVE RIVER MANAGEMENT 
11 
Sec. 15. Administrative River Management. - The river administration consists 
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of Administrative Jobs, the Preparation and Maintenance of River Ledgers, Facility 
13 
Construction and Management, and the Provision of Legal Permissions and 
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Regulations. 
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Sec. 16. Preparation of River Ledgers. - A river administrator shall prepare a 
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set of river ledgers for the rivers he administer, and keep it in custody, in the following 
17 
manner: 
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(a) The set of river ledgers shall comprise a register of present rIver 
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conditions and a register of water utilization. 
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(b) The items to be entered in the river ledgers and other necessary matters 
21 
concerning their preparation and custody shall be provided for in the 
2Z 
Implementing Rules and Regulations of this Act; and 
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(c) When the river administrator receives a request for permission of perusal 
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of the river ledgers, he shall not refuse it unless thE~re is justifiable reason. 
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Sec. 17. Data Collection, Investigation and Survey. - With the help of relevant 
2 
government agencies such as the Department of Environmellt and Natural Resources 
3 
(DENR) and the Department of Science and Technology DOST), the river administrator 
4 
shall collect or conduct surveys on the hydrologic data, such as rainfall, water level and 
5 
flood discharge; topographic data, such as aerial photographs, survey map, cross 
6 
section, flooded areas, among other things; geologic data, such as site geology, material, 
7 
ground water level, fault, crack, among others; flood and drought damages, water 
8 
quality, flora and fauna, and other data regularly. 
River administrators shall also 
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investigate or analyze various river and basin data for the suitable river management. 
CHAPTER 7 
CONSTRUCTION OF RIVER WORKS AND 
MANAGEMENT OF RIVER ADMINISTRATIlON FACILITY 
10 
Sec. 18. Classification of River Works. - River works and other works are 
11 
classified by the following iteIns: 
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(a) River works by the river administrator - This include works executed 
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under the River Improvement Plan; urgently executed for the repair and 
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restoration of a river adminish'ation facility; and river works executed by 
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person other than river administrators built for joint use, herein referred 
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to as joint use facilities; 
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(b) River works by a person other than the river administrator - This include 
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those river works executed after the river administrator's approval; 
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executed for a compensatory work necessitated by another person's work 
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which affects the river; imd the construction of joint use facilities; and 
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(c) Works other than river works by the river administrator. - This includes 
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works executed for an incidental work ne'cessitated by river works and 
23 
those executed for maintenance of a river administration facility. 
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Sec. 19. River Works by Cities and Municipalities. - Notwithstanding the 
2 
provisions under Section 38 to 40 of this Act, a city or munlcipal head may carryout 
3 
river works or river rnaintenance on designated section of the Class A and/ or B Rivers, 
4 
upon permission of the concerned river administrator. 
5 
SEC. 20. 
Operation of the River Administration Facility. 
The river 
6 
administrator shall prepare "Operational Regulation for the River Administration 
7 
Facility" for the main facilities (dam, weir, gate, among others) and operate properly 
8 
according to the Regulations provided for under this Act. 
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SEC. 21. 
Maintenance Work. - The river administration facility shall be 
10 
maintained in good condition. 
It includes the daily or periodic maintenance, 
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inspection, and cleaning on structures, facilities, machinery, revetments, river space, 
12 
such as: weeding, redressing, cutting down assorted trees, removing dust; and the daily 
13 
patrol along rivers. 
14 
SEC. 22. 
Structural Standards for River Administration Facilities. - River 
15 
administration facilities must be structurally safe in considemtion of water level, flow, 
16 
topographical and geologic conditions and other river condltions, water pressure, and 
17 
other anticipated loads. 
18 
The river's historical water levels, flow, and where possible, projected levels, 
19 
flow and other loads due to climate change, shall be considered. 
20 
Technical standards necessary for river administration and applicable to dams, 
21 
levees and other major river administration facilities as well as river structures 
22 
established, shall be stipulated in the IRR of this Act. 
23 
The river administrator shall, for such dams, weirs, sluices, and other facilities 
24 
involving operations, ouf of the river administration he administers, establish 
25 
respective operation regulations, as may be provided for in details in the IRR of this 
26 
Act. 
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When the nver administrator intends .to establish or change the operation 
2 
guidelines or execute a river work, which may have a marked effect on a river 
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administered by another river administrator/s, the nver administrator, shall, in 
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advance consult with the other river administrator/ s. 
CHAPTERS 
ANNUAL FEES GENERATED FROM RIVER 
AND RIVER WATER USE 
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SEC. 23. Annual Fees. - River administrators are hereby authorized to collect 
6 
annual fees for the use of river and river water resource for all beneficial purposes 
7 
including fisheries, aquaculture, municipal, industrial, agricultural including irrigation, 
8 
hydroelectric power generation, transport and navigation, waste disposal purposes, and 
9 
recreation among others. All the fees collected shall be accordingly appropriated for the 
10 
sustainable development of the river being managed, including, but not limited to, the 
11 
financing of the river improvement plan, and shall not be remitted to the National 
12 
Treasury as an exemption to the provisions of Presidential D('cree No. 1234. 
CHAPTER 9 
REGULATIONS AND RESTRICTIONS FOR 
THE RIVER AND RIVER USE 
13 
SEC. 24. Permission for Land Occupancy. - Any person who intends to occupy 
14 
land within a river zone shall obtain the permission of the river administrator. 
15 
SEC. 25. 
Permission for Construction, Reconstruction, or Removal of 
16 
Structures within a River Area. - Any person who intends to construct, reconstruct or 
17 
remove a structure on the land within a river zone shall obtain the permission of the 
18 
river adluinistrator. 
19 
SEC. 26. Permission for Gathering of Soil, Sand, St!Jne from a River Area. 
20 
Any person who intends to gather soil, sand, stone or otl1<or similar material within a 
21 
river zone shall obtain the permission of the river administrator. 
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SEC. 27. Permission for Land Excavation. - Any person who seeks to excavate, 
2 
bank or cut or carry out any other act that alters the shape of land and river zones or 
3 
seeks to plant or cut trees on land in river zones shall obtain permission from the river 
4 
administrator. 
5 
SEC. 28. Permission for Planting or Felling of Trees. - Any person who seeks 
6 
to plant or fell trees within a river zone shall obtain permission [rom the river 
7 
administrator. 
8 
SEC. 29. Prohibitions, Restrictions and Permission for Floating of Trees and 
9 
Passage of Boats. - The floating of trees, bamboo down a riveJr and the passage of boats 
10 
and rafts are prohibited or restricted, until obtaining permission of the river 
11 
adminish'ator for such acts. 
12 
SEC. 30. Prohibition, Restrictions and' Permission for Act Likely to Hinder 
13 
River Administration. -
Acts which are likely to hinder river administration by 
14 
affecting the course, cleanliness, discharge, width, or depth of the water of a river, may 
15 
be prohibited or restricted until a permission of the river administrator is obtained for 
16 
such act. 
17 
SEC. 31. Prohibition of Use of Structures Built without Permission. - The use 
18 
of structures built without the permission of the river administrator is prohibited, until 
19 
a permission of the river administrator is obtained for such acts. 
20 
SEC. 32. Use of Permitted Structures. - Any person permitted under Section 21 
21 
shall pass the completion inspection by the river adminish'ator before being allowed the 
22 
use of the structure. A person who consh'ucts or reconslrucl:s a dam may use the said 
23 
structure only after it has been subject to and passed a completion check by the river 
24 
adminish·ator. 
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CHAPTER 10 
REGULATION IN DAM CONSTRUCTION AND OPERATION 
1 
SEC. 33. Maintenance of Existing Functions of River. -
In the case where the 
2 
condition of a river changes as a result of the construction of a dam and the former 
3 
functions of the river are diminished during a flood, a person/ the entity who 
4 
constructed the dam in order to store or intake the flowing water and which has a 
5 
height from the foundation to the cres t of a t least 15 meters - hereinafter referred to as 
6 
water utilization dam, must establish facilities necessary to rnaintain the said functions 
7 
in accordance with the directions of the river administrator. 
8 
SEC. 34. Monitoring of Hydrologic Situations. - A person/ an entity who owns 
9 
a water utilization dam shall construct observation facilities and observe the water 
10 
stage, discharge and precipitation in accordance with the standards which may be fixed 
11 
in the lRR of this Act. 
12 
SEC. 35. Report on the Dam Operations. - When a flood occurs or when it is 
13 
projected that flooding may occur, the owner of a water utilization dam referred to in 
14 
the preceding article shall report the results of observation under the provision of the 
15 
same article and the condition of operating the dam to the river administrator, the 
16 
governor and the National Disaster Risk Reduction and Management Council 
17 
(NDRRMC) as may be provided for in detail by the IRR oHhis Act. 
18 
SEC. 36. 
Regulation for Dam Operations. -
When the owner of a water 
19 
utilization dam intends to use the dam for the purpose of storing or taking river water, 
20 
he shall establish regulations for operating it and obtain the approval of the river 
21 
administrator concerning the regulations, as may be provided for in details by the IRR 
22 
of this Act. The same shall apply in case he intends to revise the regulations. 
23 
SEC. 37. Preventive Measures for Damage. - Whenever the owner of a water 
24 
utilization dam deems that the operation of the dam will cause a considerable change in 
25 
the condition of the river water and so it is necessary for the prevention of the resulting 
13 


1 
harm, he shall in advance report the fact to the river administrator, LGUs concerned 
2 
and the heads of the police stations concerne.d and take necessary steps to make it 
3 
known to the public, as may be provided for in detail by the IRR of this Act. 
4 
SEC. 38. Preparation and Custody of Operation record. - The owner of a water 
5 
utilization dam shall prepare a record of the operation of the darn whenever a flood 
6 
occurs, keep it, and, when demanded to submit it by the river administrator, submit it 
7 
without delay to the river administrator, as may be provided for in detail by the lRR of 
8 
this Act. 
9 
SEC. 39. Appointment of a Chief Superintendent for a Dam. - In case the 
10 
owner of a water utilization darn uses the dam for the purpose of storing or taking river 
11 
water, he shall appoint as chief superintendent for a dam, an engineer possessing .the 
12 
qualifications fixed by the IRR of this Act for proper execution of the maintenance, 
13 
operation and other administration of the dam. 
14 
SEC. 40. Instructions for Flood Control. - In case a disaster has been caused or 
15 
there is a strong probability that a disaster will be caused by floods, if the river 
i6 
administrator deems it of urgent necessity for preventing or minimizing the disaster, in 
17 
consultation with the NDRRMC, he may instruct the owner of the water utilization 
18 
dam that he should, on the basis of overall consideration of the conditions of the rivers 
19 
belonging to the water system, take necessary steps in connection with the operation of 
20 
the dam to prevent or minimize the disaster. 
CHAPTER 11 
STEPS TO BE TAKEN DURING DROUGHTS 
21 
SEC. 41. Water Conciliation during Droughts. - In case an unusual drought 
22 
makes it difficult to adequately use the river water for the permitted utilization 
23 
purposes or when such a situation is expected, river administrators, in consultation 
24 
with the NWRB, shall provide necessary information for water use conciliation. 
14 


1 
SEC. 42. Exceptional Arrangement for Water Use during Droughts. - In the 
2 
event of a drought, a Drought Conciliation Council, which will cOOl'dinate water intake 
3 
during droughts, shall be convened, and organized by all stakeholders. This includes 
4 
the river administrator, the LGUs, the line agencies concerned, and the water users. 
5 
SEC. 43. Avoidance of Water Shortage. - To avoid water shortage, the river 
6 
administrator shall set a target of safety measui'e against drought and shall permit, in 
7 
consultation with the NWRB, every new water use only in case of no influence to this 
8 
target and existing water users. 
CHAPTER 12 
STEPS TO BE TAKEN FOR FLOOD FIGHTING 
9 
SEC. 
44. 
Flood Fighting Preparation. - During normal times, the DPWH 
10 
Secretary and governors, in their capacity as river administrators, in consultation with 
11 
the NDRRMC and the local disaster risk reduction and management councils, shall 
12 
formulate their own flood-fighting plans for coordination and implementation of flood 
13 
fighting activities. The flood-fighting plan shall be integrated in the Local Disaster Risk 
14 
Reduction and Management Plans of LGUs. As river administrators, they shall be in 
15 
charge in the public announcement of flood-prone areas along rivers. 
16 
SEC. 45. Flood Fighting Warning. - The DPWH Secretary shall issue a flood 
17 
fighting warning, in consultation with the NDRRMC, for designated rivers, lakes, and 
18 
other bodies of water that could cause a serious loss to the national economy due to a 
19 
flood or high tide. The governors shall issue the same {or their designated rivers, lakes 
20 
and other bodies of water other than those administered by the DPWH Secretary. 
21 
SEC. 46. Flood Fighting Activities. - Flood fighting shall be in the hands of 
22 
flood fighting organizations or the LDRRMCs that will patrol the rivers and sea dikes 
23 
from time to time. 
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(a) During normal times, flood fighting organizations shall be in charge in 
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the preparation of flood fighting storage, communication tools, and the 
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3 
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conduct of drills in their respective jurisdiction. More importantly, they 
shall also develop flood hazard maps in coordination with the river 
administrators, the NDRRMC DENH. and other relevant agencies. 
(b) During the actual flood, flood fighting organizations shall be in charge of 
flood warning and patrol, and the implementation of levee protection 
activities. Flood fighting organizations shall be in charge of providing 
real time information on flooded areas and flood water depth after the 
commencement of flooding of major rivers. 
CHAPTER 13 
ENFORCEMENT MEASURES 
9 
SEC. 47. River Guards. - River administrators may appoint river guards from 
10 
among their staff members who shall apprehend violators of the provisions of this Act. 
11 
SEC. 48. Penalties. - Any person who violates any of the pl"Ovision of this Act 
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or its implementing rules and regulations, shall be fined in the amount of not less than 
13 
Ten Thousand Pesos (PlO,OOO.OO) nor more than Two Hundred Thousand Pesos 
14 
(P200,000.00). The fines herein prescribed shall be increased by ten percent (10%) every 
15 
two (2) years to compensate for inflation and to maintain the deterrent function of such 
16 
fines. 
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SEC. 49. Administrative Sanctions Against Non-compliance with this Act. -
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Local government officials concerned shall be subject to Administrative sanctions in 
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case of failure to comply with the provisions of this Act in accordance with the relevant 
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provisions of RA. No. 7160. 
CHAPTER 14 
FINAL PROVISIONS 
21 
SEC. 50. 
Implementing Rules and Regulations. -
The Department, in 
22 
coordination with the DENH. and the NWRB, and other concerned agencies shall 
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1 
promulgate the implementing rules and regulations for this Act, within six (6) months 
2 
after the implementation of this Act. 
3 
The draft of the implementing rules and regulations shall be published and be 
4 
the subject of public consultations with affected sectors. 
5 
There shall be an annual mandatory review of the implementing rules and 
6 
regulations and the standards set pursuant to the provisions oj this Act. 
7 
SEC. 51. 
Repealing Clause. -
All laws, orders, rules and regulations, or 
8 
portions thereof, inconsistent with this Act are hereby repealed and modified 
9 
accordingly. 
10 
SEC. 52. 
Separability Clause. - If any provision of this Act or the application of 
11 
such provision to any person or circumstances be declared unconstitutional, the 
12 
remainder of this Act or the application of such provision to other person or 
13 
circumstances shall not be affected by such declaration. 
14 
SEC. 53. 
Effectivity Clause. - This Act shall take effect fifteen (15) days from the 
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date of its publication in the Official Gazette or in two (2) newspapers of general 
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circulation. 
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Approved, 
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