Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

8068

House Bill No.

Introduced by Representat GLORIA MACAPAGAL ARROYO

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.

The Philippines is rich in water sources like rivers, lakes, and groundwater
reservoirs which assure as of adequate supply for domestic, agricultural, and industrial
purposes. However, at present, management of the said water sourced is lodged with
different units or agencies of the government thereby resulting to poorly coordinated or
even conflicts in the implementation of the national policies and plans on water, sewage,
sanitation, and irrigation thereby resulting to backlog in the provision of water supply and
sanitation services to the public.

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) all local water districts (LWDs); and
2) rural waterworks and sanitation associations (RWSAs) nationwide;

c) 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.

Upon the United Nations General Assembly's recognition of the human right to water
and sanitation and acknowledgement that clean drinking water and sanitation are
essential to the realization of all human rights, it is imperative upon the Philippine


government to efficiently and effectively manage its water resources to attain ideal
allocation of its water resources that will focus primarily on the people's right to safe and
affordable drinking water and sanitation service that are indispensable to every citizen's
basic health and economic prosperity. The Philippine government must consider the rapid
population growth, common waterbome diseases like diarrhea, leptospirosis, and
dengue, agricultural requirements for food production, water pollution, watershed
degradation, climate change, and other related factors that need to be adequately
addressed without delay.

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.

Hence, there is an immediate need to create the Department of Water, Irrigation,
Sewage and Sanitation Resource Management which 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;

Build, maintain and monitor water-related infrastructure, water quality and

accessibility;

Regulate the operation and management of water utilities such as MWSS, LWDs,

RWSAs and other water and sanitation service providers;

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;

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

12)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;

13)Charge and collect from the beneficiaries of the water from all irrigation systems
constructed by or under its administration.

3

4)

5)

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

GLORIA WACAPAGAL ARROYO
2°4 District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session
8068
House Bill No.

Introduced by Representative GLORIA MACAPAGAL ARROYO

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 1
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Department of Water,
Irrigation, Sewage, and Sanitation Resource Management Act of 2018".

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

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.

b)

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.


c) 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.

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.

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

d)

e)

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 I
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;

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;

Manage and protect the country’s water resources to ensure the optimal use
thereof for domestic water supply, sewage, sanitation, irrigation, hydropower,

b)

°C)


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

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;

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;

j) 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;

1) 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;

m) 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, corporations, 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;

d)

e)

g

h

k)

n


0) 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;
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;
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 concerns, 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;
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 resource usage;
Plan, design, construct, and/or improve all types of irrigation projects and
appurtenant structures;
Operate, maintain, and administer all national irrigation systems (NIS);
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;
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) Delegate the partial or full management of NIS to duly organized cooperatives
or associations;
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;

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

z) 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;

i)

q)

y

s)

i)

vj

x)


aa)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;

bb)In coordination with other relevant agencies, ascertain that all plans and project
implementation designs are consistent with current standards and guidelines;

cc) 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;

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

ee)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;

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

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

hh)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;

Respond to consumer complaints and ensure the adequate promotion of

consumer interests;

Deputize agents, whether from the public or private sector, to assist in the

performance of any of the powers and functions of the Department;

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

ll) 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;

mm) 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;

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

00)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.

i

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;


fy

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;

e) 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:

1) One for the Finance Service;

2) One for the Administrative Service;

3) One for the Planning and Engineering Services;

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

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; 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 Intemal 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 Intemal 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:

a) 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;

c) 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

e) 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;

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;

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.

b)

c

d)

e)

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;

Prepare and/or implement Department GAD plans and budgets and GAD

accomplishment reports;

e) 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;

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

h) Develop, establish and maintain an efficient records system;

°)

d)


i) 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;

b) 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;

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

f) Evaluate and appraise all reginal interregional infrastructure development

plans and programs as to their feasibility and consistency with approved

strategies and long and medium-term plans;

Initiate regular Department-wide planning exercises and act as the secretariat

thereof

h) 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.

°)

g

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;

c) 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;


d) 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;

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

f) 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;

g) Review all water rates or charges;

h) 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;

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;

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.

b)

°)

d)

e)

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 Ill
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.
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.

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.

b)

°C)

d

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 U s 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 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,