EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHIUPPINES 
)
First Regular Session 
)
'* 
of fill' 
rctr.vp
S E N A T E  
s. No. 2 0 8
'19 
JUL-2 P6fl8
Introduced by Senator Francis "Tol" N. Tolenbno
AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES MANAGEMENT 
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
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 Philippines, although an archipelagic country blessed with an abundant 
source of water including rivers, lakes, river basins, and groundwater reservoirs, has 
already been experiencing severe water shortage ahead of the forecasted 2025 water 
crisis due to the impact of rapid population growth, urbanization, pollution, excessive 
and inefficient use of water, and extended period of dry season brought about by 
climate change. The water shortage is further aggravated by the overlapping functions 
of water agencies in the country, not to mention the mismanagement on the part of 
both private and public regulators. The enactment o f a feasible long-term solution for 
the protection of water is necessary to combat the threat of possible water crisis in


the future. To ensure adequate availability of water in the future, an efficient and 
effective management and protection of the country's water sources is a great 
necessity.
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, 
stormwater and urban drainage, and treated wastewater to meet various needs.
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, the passage of this bill is earnestly sought.
TOL" N. TOLENTINO
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S E N A T E  
S. No.
,(/> TIME;
BILLS 
INDEX
Introduced by Senator Francis "T ol" N, Tolentino
AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES MANAGEMENT, 
DEFINING ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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CHAPTER 1
GENERAL PROVISIONS
Section 1. Short Title. -  This Act shall be known as the "Departm ent o f W ater 
Resources Management Act."
Sec. 2. Declaration o f Policy. -  It is hereby declared the policy o f the State to 
recognize, protect, realize, and enhance the right o f all Filipinos to safe, clean, 
affordable, and accessible drinking w ater as essential to the full enjoym ent o f life and 
all human rights and the protection and sustainability o f the environm ent.
In pursuit o f said policy, this Act shall have the following objectives:
a) To prioritize and pursue the immediate attainm ent o f universal access to safe, 
adequate and sustainable w ater supply for all Filipinos and adopt all necessary 
measures directed towards the realization of the human right to water; and
b) To strengthen and coordinate w ater resource planning and policymaking to 
ensure sustainable and fair allocation and efficient use of w ater resources 
between competing w ater uses and users, including but not limited to domestic


1 
and municipal use, irrigation, sanitation, power generation, farming, fisheries,
2 
commercial, and industrial use.
3 
Sec. 3. Definition o f Terms. — For purposes of this Act, the following terms
4 
are hereby defined:
5 
a) Department refers to the Department of Water Resources Management.
6 
b) Rainwater harvesting facility ref exs to a flood control structure such as a vertical
7 
detention tank, horizontal water tank, open retarding basin, and multi-use
8 
water catchment area, or an on-site regulation pond used to prevent or delay
9 
the release of rainwater into the public drainage system.
10 
c) Sanitation refers to sewage, sanitation, and septage management.
11 
d) Sewerage refers to any system or network of sanitary pipelines, ditches,
12 
channels, or conduits including pumping stations, lift stations, and force mains,
13 
service connections including other constructions, devices, or appliances
14 
appurtenant thereof, which includes the collection, sanitary piping transport,
15 
pumping and treatment of water-borne human or animal waste removed from
16 
residences, 
buildings, 
institutions, 
and 
industrial 
and 
commercial
17 
establishments to point of sewage treatment plant disposal.
18 
e) Sewage refers to water-carried waste in solution or suspension, including
19 
sanitary waste (waste products of normal living), commercial waste. Industrial
20 
waste, agricultural waste, and surface runoff, conveyed by a sewerage system
21 
for treatment or disposal. For purposes of this Act. the definition of septage
22 
shall be included in the use of sewage.
23 
f) Septage refers to sludge produced on individual on-site wastewater disposal
24 
systems, principally septic tanks and cesspools.
25 
The terms infrastructure and public works as used in this Act should be ready
26 
to apply only to wholly or primarily water-related projects and shall not be read to
27 
incorporate projects which would not otherwise fall within the purview of the
28 
objectives, powers, and duties of the Department.
29 
CHAPTER II
30 
ORGANIZATION
31 
Sec. 4. The Department o f Water Resources Management — There is hereby
32 
created and established the Department of Water Resources Management, hereinafter


1 
referred to as the "Department," which shall be organized within one hundred twenty
2 
(120) days after the effectivity of this Act. The Department shall be tasked with
3 
developing and implementing a comprehensive water usage and conservation
4 
program for the Philippines including, but not limited to:
5 
a) Implementing necessary policy and resource reforms with respect to the
6 
management of all water resources including irrigation, sewage, and sanitation;
7 
b) Monitoring and evaluating compliance with the national goals relating to water,
8 
irrigation, sewage, and sanitation;
9 
c) Formulating a national updated road map to address the water, sewage, and
10 
sanitation requirements of the State; and
11 
d) Improving conservation of water and increasing system efficiencies.
12 
Sec. 5. Powers and Duties o f the Department — The Department shall have
13 
the following powers and duties, among others:
14 
a) Develop policies to promote universal access to safe, adequate, affordable and
15 
sustainable water supply, irrigation, sewage, and sanitation services for all
16 
Rlipinos;
17 
b) Coordinate with relevant government agencies or entities to provide policy
18 
directions, strategies, and targets to meet the goals and objectives for water
19 
supply, irrigation, sewage, and sanitation. Such policies shall, among other
20 
things, integrate the issues of water, irrigation, sewer, energy, environment
21 
and food security;
22 
c) Manage and protect the country's water resources to ensure the optimal use
23 
thereof for domestic water supply, sewage, sanitation, irrigation, hydropower,
24 
navigation, flood control, and recreation including the enhancement and
25 
maintenance of water quality, conservation of watersheds control of water
26 
pollution, and environmental restoration, without compromising the natural
27 
ecosystem functions and services;
28 
d) Manage the ownership, appropriation, utilization, exploitation, development,
29 
conservation and protection of water resources including but not limited to
30 
ground water, surface water, rainwater, run-offs, floods, stormwater and urban
31 
drainage, and treated wastewater and the rights to land related thereto and
32 
their competing demands;


1 
e) Ensure the protection of all water resources with greater emphasis on sources
2 
of drinkable water and coordinate with the Local Government Units (LGUs) for
3 
the protection of waters within their jurisdictions especially on pollution
4 
prevention and restoration of rivers;
5 
f) Undertake and coordinate with other agencies and government entities in data
6 
gathering, scientific research, and studies on water resources management and
7 
development, and conduct nationwide hydrologic surveys to determine the
8 
annual renewable water available per water region;
9 
g) Formulate and enforce rules and regulations in the administration and
10 
management of the country’s water resources and implement rules and
11 
guidelines for the enforcement of water-related laws;
12 
h) Conduct continuing surveys and studies of the country’s renewable water
13 
supply with a view towards formulation long-term policies to balance the
14 
sustainability and optimal use of water resources, defining the hydrologic
15 
boundaries of basins of the existing water supply sources, and creating and
16 
implementing countrywide master plans for water resources management and
17 
development;
18 
i) Coordinate with and assist other government agencies in all aspects of data
19 
gathering, conduct studies and research, and classify and establish water
20 
quality standards for surface and ground water, including national standards
21 
for drinking water and wastewater effluence in coordination with relevant
22 
agencies;
23 
j)  Coordinate with other relevant agencies to engage in flood control and flood
24 
risk management, formulate integrated water resources management (IWRM)
25 
policies and plans, and coordinate the implementation, promotion, revision and
26 
enhancement of IWRM plans;
27 
k) Effect and 
compel 
inter-sectoral, 
inter-agency, 
and 
inter-departmental
28 
coordination on water, irrigation, energy, environmental, sewage, and
29 
sanitation resources development planning with the aim of operationalizing the
30 
integrated approach water resources management;
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I) Regulate and control the utilization, exploitation, abstraction, diversion, and
32 
development of water resources, taking into account its equitable distribution.


1 
and determine the standards of beneficial and priority uses of water in times of
2 
crisis and national emergencies;
3 
m) Promote water recycling and conservation as well as spearhead the efforts
4 
towards the study, research, feasibility, installation and operation of
5 
desalination systems;
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n) Assist and provide the National Economic and Development Authority (NEDA)
7 
with required data and inputs from and for the water sector in the formulation
8 
of the country's short-term and long-term strategic development plans and
9 
actions;
10 
o) Coordinate with other relevant government agencies and develop policies and
11 
plans in respect of water resources for farming, 
including sustainable
12 
mechanisms for irrigation;
13 
p) Coordinate with other relevant government agencies in order to educate the
14 
public regarding water conservation, recycling, and other relevant information
15 
for the fulfillment of the goals of this Act.
16 
q) Pass upon, approve, or disapprove all plans, programs, or development projects
17 
of private individuals, corporations, and government agencies, whether national
18 
or local, that affect water resources, its diversion or abstraction, and the
19 
construction of hydraulic facilities, including but not limited to plans and
20 
projects in watershed or basin areas of water supply sources, which have direct
21 
or indirect impact on the affected locality's water resources;
22 
r) Review from time to rime regulations prescribed by any government agency
23 
pertaining to water use, exploitation, development, conservation, or protection
24 
of waters, water resources, and watershed or basin areas;
25 
s) Authorize its representatives or any deputized agent to enter any property of
26 
public dominion or any private land, building, or enclave, whether inhabited or
27 
not for the purpose of conducting hydrologic surveys and investigations,
28 
including assessing and evaluating the conditions of water facilities installed
29 
and determining compliance with water laws and standards;
30 
t) Require LGUs and national agencies to submit zoning and land use
31 
management plans to ensure the integration of water resource management
32 
plans; Provided, that no zoning and land use plan shall become effective and


1 
enforceable unless and until a certification of integration of water, sewage, and
2 
sanitation resource management plan has been issued by the Department.
3 
Should the Department have serious concerns affecting conservation 
and
4 
sustainability of water supply, such concerns must first be resolved by the
5 
Department and the concerned LGU and/or national agency. However, in the
6 
absence of such concerns, the concerned LGU and/or government agency may,
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ninety (90) days from the submission of its zoning and land use plan and after
8 
submitting to the Department a written notice of compliance with this provision,
9 
proceed with the implementation of its zoning and land use plan without
10 
prejudice to later integration of the water resource management plan for the
11 
locality;
12 
u) Provide technical assistance to water, irrigation, sewer and sanitation users,
13 
whether directly or in coordination with other agencies, to assist them in
14 
applying for water and irrigation permits and providing data on water, irrigation,
15 
sewage, and sanitation resource usage;
16 
v) Plan, design, construct, and/or improve all types of irrigation projects and
17 
appurtenant structures;
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w) Operate, maintain, and administer ail national irrigation systems (NIS);
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x) Supervise the operation, maintenance, and repair, or otherwise, administer
20 
temporarily all communal and pump irrigation systems constructed, improved,
21 
and/or repaired wholly or partially with government funds;
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y) Supervise the operation, maintenance, and repair, or otherwise, administer
23 
temporarily all communal and pump irrigation systems constructed, improved,
24 
and/or repaired wholly or partially with government funds;
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z) Delegate the partial or full management of NIS to duly organized cooperatives
26 
or associations;
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aa)Construct multiple-purpose water resources projects designed primarily for
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irrigation, and secondarily for hydraulic power development and/or other uses
29 
such as flood control, drainage, land reclamation, domestic water supply, roads
30 
and highway construction, and reforestation, among others; Provided, that the
31 
plans, designs and the construction thereof shall be undertaken in coordination
32 
with the agencies concerned;


1 
bb)Charge and collect from the beneficiaries of the water from all irrigabon systems
2 
constructed by under its administration;
3 
cc)In coordination with other relevant government agencies, develop and
4 
implement effective codes, standards and reasonable guidelines to ensure the
5 
safety of all public and private structures in the country and assure efficiency
6 
and proper quality in the construction of water, irrigation, sewage, and
7 
sanitation infrastructures;
8 
dd)Coordinate with relevant government agencies, including the Department of
9 
Environment and Natural Resources, to ensure that the agencies' respective
10 
standards complement each other when taken as part of a larger whole;
11 
ee)ln coordination with other relevant agencies, ascertain that all plans and project
12 
implementation designs are consistent with current standards and guidelines;
13 
ff) Provide the works supervision function for all public works construction and
14 
ensure that actual construction is done in accordance with approved
15 
government plans and specifications;
16 
gg)Assist other government agencies, including LCDs, in determining the most
17 
suitable entity to undertake the actual construction of water, irrigation, sewage,
18 
and sanitation projects;
19 
hh)Maintain and cause to be maintained all flood control, water resource
20 
development systems, irrigation systems, and other public works throughout
21 
the country except those that are the responsibility of other agencies as
22 
directed by the President of the Philippines or as provided by law;
23 
ii) Provide integrated planning for flood control, flood risk management and water
24 
resource development and management systems, other public works;
25 
jj) Issue and promulgate rules, regulations, and guidelines as may be necessary
26 
to implement and enforce its powers and functions under this Act;
27 
kk) Determine and require the monitoring and submission of such data, statistics,
28 
and other information as may be necessary for the effective and efficient
29 
exercise of its duties, functions, powers and responsibilities;
30 
II) Respond to consumer complaints and ensure the adequate promotion of
31 
consumer interests;


1 
mm) 
Deputize agents, whether from the public or private sector, to assist in
2 
the performance of any of the powers and functions of the Department;
3 
nn)Appoint, hire, and maintain adequate staff and personnel, advisers, and/or
4 
consultants, with suitable qualifications and experience, as necessary;
5 
oo)Manage funds coursed through it under General Appropriations Act intended as
6 
financial assistance to LWDs or LGUs for the development and/or improvement
7 
of water supply and sanitation facilities;
8 
pp)Exercise such other powers and functions necessary or incidental to the
9 
effective administration and management of the country's water, irrigation,
10 
sewage, and sanitation resources;
11 
qq)Exercise such other incidental powers and functions as may be necessary to
12 
attain the objectives of this Act;
13 
rr) Carry such other functions as the President may from time to time assign to
14 
the Department consistent with the aims and provisions of this Act; and
15 
ss) Promulgate rules on prohibited acts and impose the appropriate penalties
16 
thereto.
17 
Sec. 6. Barangay Water Harvesting. -T h e  duties under Republic Act No. 6716
18 
or the Act Providing for the Construction of Water Wells, Rainwater Collectors,
19 
Development of Springs and Rehabilitation of Existing Water Wells in All Barangays in
20 
the Philippines of 1989 shall be transferred from the Department of Public Works and
21 
Highways to the Department who shall consult with the respective LGUs for
22 
implementation. The Department shall, within two (2) years after the approval of this
23 
Act and every year thereafter, submit periodic reports to the respective Committees
24 
on Local Government of both Houses of the Congress of the Philippines for evaluation
25 
and consideration.
26 
Sec. 7. Rainwater Harvesting Facility Requirement -  An owner or developer of
27 
a new commercial, institutional, and residential development project anywhere in the
28 
Philippines with a land area of at least two thousand (2,000) square meters and
29 
requiring the issuance of a building permit, shall reserve, develop, and maintain at
30 
least three percent of the total area, exclusive of roads, service streets, and alleys as
31 
a rainwater harvesting facility. The Housing and Land Use Regulatory Board (HLURB)
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and the LGUs shall require and ensure compliance with this provision and shall deny


1 
requests for permits concerning the construction project until this provision is complied
2 
with. The design and specifications for the rainwater harvesting facility shall be
3 
prescribed by the Department. Projects still under construrtion 60 days following the
4 
effectivity of this Act shall be covered by this provision and shall comply within three
5 
(3) years from the effectivity of this Act.
6 
Violators of this provision shall suffer the penalty of a fine of not less than Five
7 
hundred thousand (Php500,000) but not more than Two million pesos (Php2,000,000)
8 
for every year of non-compliance.
9 
Sec. 8. A person is guilty of unlawful defilement of water when he intentionally
10 
or with reckless imprudence, introduces, places, or causes to be introduced or placed
11 
into a water supply, a defiling agent with the intent to cause sickness, physical injury,
12 
severe disfigurement or death of another human being, or with intent to cause
13 
irreparable harm to such water supply or to disturb the public peace.
14 
Violators of this provision shall be penalized with imprisonment of not less than
15 
five (5) years but not more than 30 years. A fine of not less than Five hundred
16 
thousand pesos (Php500,000) but not more than Ten million pesos (Phpl0,000,000)
17 
shall also be imposed.
18 
Sec. 9. Collection o f Fines. -  Fines collected from violators of the two preceding
19 
provisions shall be place in a special fund and allocated to the Department for the
20 
implementation of Sec. 6 of this Act.
21 
Sec. 10. Secretary o f the Department o f Water Resources Management — The
22 
authority and responsibility for the exercise of the mandate of the Department and for
23 
the discharge of its powers and functions shall be vested in the Secretary of the
24 
Department o f Water Resources Management, hereinafter referred to as the
25 
Secretary, who shall have supervision and control over the Department and shall be
26 
appointed by the President. For such purposes, the Secretary shall:
27 
a) Advise the President on the promulgation of executive or administrative orders,
28 
regulations, proclamations, and other issuances relative to matters under the
29 
jurisdiction of the Department;
30 
b) Establish the policies and standards for the operation of the Department
31 
pursuant to the President's guidelines;


1 
c) Promulgate rules and regulations necessary to carry out Department objectives.
2 
policies, and functions;
3 
d) Exercise supervision and control over all Bureaus and Offices under the
4 
Department;
5 
e) Supervise all attached agencies and corporations in accordance with law;
6 
f) As deemed appropriate by the Secretary, delegate authority for the
7 
performance of any power or function, as defined herein or as delegated by the
8 
President, to officers and employees under his direction; and
9 
g) Perform such other duties and responsibilities as may be provided by law.
10 
Sec. 11. Office o f the Secretary— The Office of the Secretary shall be composed
11 
of the Secretary and his immediate staff.
12 
Sec. 12. Undersecretaries. — The Secretary shall be assisted by not more than
13 
five (5) Undersecretaries, who shall be appointed by the President upon the
14 
recommendation of the Secretary, as follows:
15 
1) One for the Finance Service;
16 
2) One for the Administrative Service;
17 
3) One for the Planning and Engineering Services;
18 
4) One for the Regulatory and Financial Assistance Services; and
19 
5) One for the Operations.
20 
Within her/his functional area of responsibility, an Undersecretary shall have the
21 
following functions:
22 
a) Advise and assist the Secretary in the formulation and implementation of
23 
Department policies, plans, programs, and projects;
24 
b) Supervise all the operational activities of the units assigned to her/him, for
25 
which she/he is responsible to the Secretary; and
26 
c) Perform such other duties and responsibilities as may be assigned or delegated
27 
by the Secretary to promote efficiency and effectiveness in the delivery of public
28 
services or as may be required by law.
29 
Sec. 13. Assistant Secretaries. — The Secretary shall also be assisted by one
30 
Assistant Secretary for Internal Audit and the five (5) Undersecretaries shall each be
31 
assisted by not more than three (3) Assistant Secretaries likewise appointed by the
32 
President of the Philippine upon the recommendation of the Secretary.
10


1 
Sec. 14. Organizational Structure. -  The Department shall be composed of the
2 
following organization units:
3 
a) Department Proper consisting of the Office of the Secretary, the Offices of the
4 
Undersecretaries and Assistant Secretaries, the Internal Audit, Rnance Service,
5 
Administrative Service, Planning and Engineering Services, Regulatory and
6 
Financial Assistance Services, and Operations; and
7 
b) Regional Offices, as deemed appropriate and necessary by the Secretary, taking
8 
into consideration the existing water resources regions, river basins, and
9 
catchment basins of the country.
10 
Sec. 15. Internal Audit — The Internal Audit is hereby created for the purpose
11 
of conducting comprehensive audit of various Department activities and shall have the
12 
following specific functions:
13 
a) Advise the Secretary on all matters relating to management control and
14 
operations audit;
15 
b) Conduct management and operations performance audit of Department
16 
activities and units and determine as to compliance with established objectives,
17 
policies, methods and procedures, government regulations, and contractual
18 
obligations of the Department;
19 
c) Review and appraise systems and procedures, organizational structure, assets
20 
management practices, accounting, and other records, 
reports, 
and
21 
performance standards of the Department of Proper and Regional Offices;
22 
d) Analyze and evaluate management deficiencies and assist top management to
23 
solve problems by recommending realistic courses of action; and
24 
e) Perform such other related duties and responsibilities as may be assigned or
25 
delegated by the Secretary or as may be required by law.
26 
Sec. 16. Finance Service. -  The Finance Services is hereby created to provide
27 
the Department with coordinated services relating to financial systems and
28 
procedures, budget, cash, accounting, and all financial matters not falling under other
29 
Services. For such purposes, it shall have the following functions:
30 
a) Advise the Secretary on all matters relating to the accounting of government
31 
expenditures and receipts, budgeting and cash management, project finances,
32 
and financial systems and procedures;
11


1 
b) Prepare budget proposals and pursue formal budget authorizations, undertake
2 
budget execution, and prepare and submit all appropriate reports to the proper
3 
offices;
4 
c) Develop and maintain accounting, financial, and assets management systems,
5 
procedures, and practices in the Department Proper and Regional Offices in
6 
accordance with the existing government accounting and auditing rules and
7 
regulations;
8 
d) Provide assistance in its area of specialization to any unit of the Department
9 
and, when requested, to government corporations, councils, and boards
10 
attached to the Department; and
11 
e) Perform such other related duties and responsibilities as may be assigned or
12 
delegated by the Secretary or as may be required by law.
13 
Sec. 17. Administrative Service. — The Administrative Service is hereby created
14 
to provide the Department with services relating to human resources development,
15 
personnel records, facilities maintenance, 
medical and dental, gender and
16 
development (GAD), security, property and procurement services. For such purposes,
17 
it shall have the following functions:
18 
a) Advise the Secretary on all matters relating to internal administration and
19 
human resources management;
20 
b) Prepare and implement an integrated personnel plan that shall include
21 
provisions on merit promotion, performance evaluation, job rotation,
22 
suggestions and incentive awards systems, and health and welfare services;
23 
c) Provide services related to human resource training, education, and
24 
development, including manpower, career planning and forecasting and
25 
development of indigenous training materials;
26 
d) Prepare and/or Implement Department GAD plans and budgets and GAD
27 
accomplishment reports;
28 
e) Develop, establish, and maintain an efficient and cost-effective property
29 
procurement system and facilities and coordinate or otherwise interface with
30 
relevant agencies, whether government or private, for the purpose of
31 
developing or upgrading the system;
12


1 
f) Secure and maintain necessary Department facilities, and develop, establish
2 
and maintain an efficient and effective security system covering, among others,
3 
personnel, physical installations, equipment, documents, and materials,
4 
including the conduct of security investigations;
5 
g) Coordinate with the appropriate government agencies for a more efficient
6 
conduct of administrative processes;
7 
h) Develop, establish and maintain an efficient records system;
8 
i) Provide assistance in its area of specialization to the Department Proper and
9 
Regional Offices and, when requested, the government agencies and
10 
corporations attached to the Department; and
11 
j) Perform such other related duties and responsibilities as may be assigned or
12 
delegated by the Secretary or as may be required by law.
13 
Sec. 18. Planning and Engineering Services. — The Planning and Engineering
14 
Services is hereby created to provide the Department with the capability to undertake
15 
infrastructure development planning, programming and implementation. For this
16 
purpose, it shall have the following functions;
17 
a) Advise the Secretary on all matters relating to infrastructure planning and
18 
implementation;
19 
b) Formulate strategies and priorities for infrastructure development consistent
20 
with national development objectives and initiate or undertake relevant surveys
21 
for development planning;
22 
c) Formulate and implement long-range, medium-term and annual development
23 
plans and programs for infrastructure, including flood control, water resource
24 
development systems, and other public works projects, including phasing of
25 
implementation and review and integrate land use plans with such water
26 
development plans;
27 
d) Identify and implement priority packages for infrastructure development,
28 
including flood control, water resource development systems, and other public
29 
works projects, and undertake or supervise and evaluate the conduct of
30 
feasibility studies and project preparation and implementation thereof;
31 
e) Prioritize project implementation and the allocation of funds and other
32 
resources and package project proposals for funding and implementation;
13


1 
f) Evaluate and appraise all reginal interregional infrastructure development plans
2 
and programs as to their feasibility and consistency with approved strategies
3 
and long and medium-term plans;
4 
g) Initiate regular Department-wide planning exercises and act as the secretariat
5 
thereof;
6 
h) Gather, analyze, and organize needed statistical data and information;
7 
i) Provide technical assistance related to its functions to the other Services and
8 
Regional Offices as needed; and
9 
j)  Perform such other related duties and responsibilities as may be assigned or
10 
delegated by the Secretary or as may be required by law.
11 
Sec. 19. Regulatory and Financial Assistance Services. — The Regulatory and
12 
Financial Assistance Services is hereby created to provide the Department with
13 
services on all legal affairs, compliance of attached government corporations, LWDs,
14 
RWSAs, cooperatives, and other associations, including private entities under
15 
contractual or concession arrangement with them, and other private water service
16 
providers on the established standards, rules and regulations relating to: water
17 
quality; infrastructure and facilities design and construction; equipment, materials and
18 
supplies; operations and maintenance; personnel; organization; accounting; tariffs;
19 
and other matters subject to regulation. It shall also provide the Department services
20 
on the management of the financial assistance available and granted to LWDs and
21 
RWSAs. For this purpose, it shall have the following functions:
22 
a) Advise the Secretary on all matters relating to legal affairs and regulation of
23 
the operation of the attached corporations, LWDs, RWSAs, cooperatives and
24 
other associations;
25 
b) Provide legal assistance to the Department Proper and Regional Offices and,
26 
when requested, the attached corporations and boards;
27 
c) Prepare Department contracts and legal instruments, review of administrative
28 
charges against officers and employees of the Department, members of the top
29 
management of the attached corporations and boards;
30 
d) Conduct administrative investigation as well as the review of administrative
31 
charges against officers and employees of the Department, members of the top
32 
management of the attached corporations and boards;
14


1 
e) Exercise functional jurisdiction over the legal staffs of Regional Offices;
2 
f) Establish standards for: water quality; design and construction of facilities;
3 
optimum selection of equipment, materials and supplies; procedures for
4 
operations and maintenance of water and sewer equipment and facilities;
5 
training of personnel; organization; uniform accounting system; tariffs;
6 
g) Review all water rates or charges;
7 
h) Manage the financial assistance available and granted to LWDs, RWSAs and
8 
other qualified water utilities;
9 
i) Maintain a databank for water quantity and quality of all water resources,
10 
including ground water and or surface water resources being used by water
11 
utilities, power utilities, sewage facilities, sanitation facilities, and irrigation
12 
cooperatives and organizations and a databank for relevant information of all
13 
these organizations as well.
14 
Sec. 20. Operations. — The Operations is hereby created to provide the
15 
Department through Regional Offices with the capability to plan, design, and
16 
implement projects for water resource development systems, irrigation, flood control,
17 
and other public works in different regions of the country. For this purpose, it shall
18 
have the following functions:
19 
a) Undertake and evaluate the planning, design, construction, and works
20 
supervision functions of the Department for the abovementioned infrastructure
21 
within the region;
22 
b) Undertake the maintenance of the abovementioned infrastructure within the
23 
region and supervise the maintenance of such local infrastructure receiving
24 
national government financial assistance as the Secretary may determine;
25 
c) Ensure the implementation of laws, policies, programs, rules and regulations
26 
regarding the abovementioned infrastructure as well as public and private
27 
physical structures;
28 
d) Provide technical assistance related to their functions to other agencies within
29 
the region;
30 
e) Coordinate with other departments, agencies, institutions, and organizations
31 
within the region, in the planning and implementation of infrastructure projects;
15


1 
f) Conduct continuing consultations with the local communicates, take
2 
appropriate measures to make the services of the Department responsive to
3 
the needs of the general public, compile and submit such information to the
4 
central office, and recommend such appropriate actions as may be necessary;
5 
and
6 
g) Perform such other related duties and responsibilities as may be assigned or
7 
delegated by the Secretary or as may be required by law.
8 
Sec. 21. Regional Director. — Each Regional Office shall be headed by a
9 
Regional Director who shall be responsible for efficiently and effectively carrying out
10 
the duties and responsibilities of the Regional Office. She/he shall also perform such
11 
other related duties and responsibilities as may be assigned or delegated by the
12 
Secretary or as may be required by law.
13 
The Regional Director shall be assisted by two (2) Assistant Regional Directors
14 
who shall exercise supervision respectively over (1) the planning, project design,
15 
evaluation, and technical assistance functions of the Regional Office, and (2) the
16 
construction, maintenance, and works supervision functions in the region.
17 
CHAPTER III
18 
TRANSITORY PROVISIONS
19 
Sec. 22. Interface with Other Sector Regulators. — The Department is
20 
mandated to coordinate with the different sector regulators as follows:
21 
a) The Department of Environment and Natural Resources (DENR) shall continue
22 
to have the primary authority and responsibility for protecting the environment
23 
and for the conservation of water and related natural resources, including
24 
protecting water bodies from waste and pollution and shall promulgate rules,
25 
regulates, and standards in this regard. The Department shall coordinate with
26 
the DENR with respect to the conservation of water resources, protection from
27 
sewage and septage waste, and restoration from environment damage.
28 
b) The Department of Health (DOH) shall have primary authority and responsibility
29 
for determining and enforcing drinking water quality and sanitation standards.
30 
The Department shall coordinate with the DOH to achieve an integrated
31 
approach for sanitation, including toilets, collection, treatment, and evaluation
32 
of wastewater.
16


1 
c) The Department shall subsume responsibility from the Department of Public
2 
Works and Highways (DPWH) for wholly or primarily water related public works
3 
projects including flood control, water resources development, sewerage,
4 
sanitation, and the harnessing and impounding of water. The Secretaries of
5 
each department shall coordinate on the development of evaluation criteria, as
6 
necessary, to determine proper allocation of public works projects between the
7 
two departments.
8 
d) The Department shall absorb the responsibility from the Department of Interior
9 
and Local Government (DILG) on the management and operation of water
10 
supply systems of local government units.
11 
Sec. 23. Transfer o f Rights and Obligations. — The Department shall, by virtue
12 
of this Act, be subrogated to all the rights and assume all the obligations of the
13 
relevant parts of any government agency or unit whose powers and duties have been
14 
transferred to the Department, including the DPWH, National Irrigation Administration
15 
(NIA), National Water Resources Board (NWRB), Metropolitan Waterworks and
16 
Sewerage System (MWSS), River Basin Control Office, Manila Bay Coordinating Office,
17 
Local Water Utilities Administration (LWUA), Metro Manila Development Authority
18 
(MMDA), Department of Environment and Natural Resources, the Department of
19 
Interior and Local Government (DILG), Laguna Lake Development Authority, Pasig
20 
River Rehabilitation Commission, the Water Resources Regional Offices, and all other
21 
offices whose powers are transferred by this Act.
22 
The transfer of powers and functions in Sec. 18 above, as applicable, and
23 
agencies attached thereto, as herein provided for, shall take effect within one hundred
24 
eighty (180) days after the effectivity of this Act. The foregoing transfer of powers
25 
and functions shall include all applicable funds, personnel, records, property, and
26 
equipment, as may be necessary. All offices shall continue to function under their
27 
present mandates until transition is effected as provided for under this Act.
28 
All rights and obligations of said government agencies are hereby transferred
29 
to and assumed by the Department and shall be acted upon in accordance with the
30 
rules and regulations of the Commission on Audit and other pertinent laws, rules, and
31 
regulations.
17


1 
Sec. 24. Separation from Service. — Employees separated from government
2 
service as a result of this Act shall be entitled to the benefits that they may receive
3 
under existing laws, rules, and regulations.
4 
Sec. 25. Funding. — The sum of Two billion pesos (Php2,(XX),000,000) shall be
5 
set aside from any available funds of the National Treasury and is hereby appropriated
6 
and authorized to be released, for the organization of the Department and its initial
7 
operations.
8 
Thereafter, funds sufficient to fully carry out the objectives, powers, and
9 
functions of the Department shall be appropriated every fiscal year in the General
10 
Appropriations Act.
11 
The Department shall submit its annual budget, which shall include, among
12 
others, detailed information on the compensation and benefits received by their
13 
employees to the Office of the President for approval.
14 
Sec. 26. Implementing Rules and Regulations. -  Within one hundred eighty
15 
(180) days after its organization as provided under Sec. 4 of this Act, the Department,
16 
in consultation with the concerned government agencies, shall promulgate the
17 
necessary rules and regulations for the implementation of this Act. The implementing
18 
rules and regulations shall only take effect 15 days following its publication in the
19 
Official Gazette or at least one (1) newspaper of general circulation.
20 
Sec. 27. Separability Clause. -  If any provisions or part hereof, is held invalid
21 
or unconstitutional, the remainder of the law or the provision not otherwise affected
22 
shall remain valid and subsisting.
23 
Sec. 28. Repealing Clause. -  Any law, presidential decree or issuance, executive
24 
order, letter of instruction, administrative order, rule or regulation contrary to or
25 
inconsistent with the provision of this Act is hereby repealed, modified or amended
26 
accordingly.
27 
Sec. 29. Effectivity Clause. -  This Act shall take effect fifteen (15) days after its
28 
publication in the Official Gazette or at least two (2) newspapers of general circulation.
Approved,
18