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Republic of the Philippines
Bouse of Representatives

Quezon City, Metro Manila pel ”

Nineteenth Congress

First Regular Session

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HOUSE BILL NO. "536

Introduced by Representative Jefferson F. Khonghun

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

EXPLANATORY NOTE

This legislation seeks the creation of the Department of Water
Resources as the primary government agency for the management of

water utilities in the country.

When President Ferdinand R. Marcos, Jr. addressed this Congress
during his first State of the Nation Address, he stressed on the
importance of coordination and cooperation between government
agencies and private entities and stakeholders. Further, he instructed
that the organizational structure of the government must be inquired at

in order to guarantee its full efficiency.

Today, it appears however that several government agencies still
perform similar functions and responsibilities, resulting to the

unnecessary overlapping of jobs.



Looking into several agencies, units and entities that handle the
management of water utilities, the country has the Local Water Utilities
Administration, the National Irrigation Administration, the National
Water Resources Board, the Laguna Lake Development Authority, as
well as the DENR, the DPWH, the DOH, the DOST, and the DOE, to

name a few.

The obvious overlapping and duplication of functions on the
management of water utilities create a cloud of confusion as to which
department handles the multitude of concerns thereto. In effect, the
needed government action could not be expedited since we have to point

our fingers first.

In 2019, representatives filed 35 separate bills that would create
a “Department of Water Resources” (DWR), resulting in a consolidated
bill, the House Bill (HB) No. 4944, authored by Albay Rep. Jose Maria
Clemente “Joey” Salceda and was approved by the House committees
on government reorganization and public works and highways in
November 2019.

House Bill No. 4944 aspired to make the DWR as the primary
government agency to handle the management of water utilities. This
representation shares the same vision for a Department that will
oversee and streamline the management of water resources and utilities
in the country. In this proposed legislation, the Department will serve
as the unified agency that will absorb all the functions and duties
related to the management of water resources which are currently

scattered from among several government agencies and entities.

With this bill, significant improvements could be expected in
managing this important water sector, such as the reduction of costs

for both the government and regulated entities, the avoidance of



duplication of functions, and the reconciliation of differences in
agencies exercising related responsibilities. This Department aims to
create regulatory synergy rather than dysfunction - and this shall serve
as one of our responses to the call of the President for coordination and

cooperation between government agencies.

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

sought.

Hon. Jeffers FC Khonghun

of Zambales



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

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

Congress assembled:
CHAPTER I
GENERAL PROVISIONS

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

Resources Act’.
SECTION. 2. Declaration of Policy. - It is hereby declared the policy of the State:

{a) To ensure that our country’s water supply is safe, affordable, sufficient,

and sustainable;

(b) To guarantee the protection and preservation of the country’s water

resources;

() To unify the administration and management of water utilities in the

country;

(d) To prevent the duplication of functions in the government through the

creation of a single agency;

{c} To oversee the participation of responsible private sectors regarding our

water resources.

SECTION. 3. Definition of Terms. - As used in this Act, the following terms are
defined as follows:


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a. Bulk water suppliers shall refer to any entity, natural or juridical,
whether public or private, supplying or intending to supply large
quantities of raw or treated water to buyers who will use it for own

consumption.
b. Department refers to the Department of Water Resources.

c. Drought Risk is the likelihood of incurring damages and losses brought
about by the effects of drought.

d. Integrated Water Resources Management (IWRM), as the Global Water
Partnership! defined, is the process of promoting the coordinated
development and management of water, land, and related resources, to
maximize the resultant economic and social welfare in an equitable

manner without compromising the sustainability of vital ecosystems.

e. Flood Control refers to methods which are used to prevent or minimize

the effects of flood water in a certain area.

f. Flood Risk means the probability of the occurrence of flood due to the

combination of the sources thereof.

g. Hydropower is the mechanism which uses running or falling water to

power machines or to produce electricity.

h. River Basin and watersheds refer to areas of land which drain to a
particular body of water. Watersheds are classified as small versions of

basins.

"The Global Water Partnership (GWP) is an international network created to foster an integrated approach
to water resources management (IWRM) and provide practical advice for sustainably managing water
resources.



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Stormwater /urban drainage is a system designed to collect and
transport water in places where such system is installed, for purposes

of managing the water volume and avoiding flooding in the said areas

Wastewater refers to used water, including those which come from

food, oils, chemicals, and human waste.

Water District shall refer to government-owned and controlled
corporations organized under Presidential Decree No. 198, as amended,
created primarily to acquire, install, operate, maintain and improve
water supply and distribution systems for domestic, industrial, and
municipal uses of residents and to provide, maintain and operate
wastewater collection, treatment and disposal facilities within the
boundaries of the district.

Water pollution means any alteration of the physical, chemical or
biological or radiological properties of a water body resulting in the

impairment of its purity or quality.

. Water Resources refers to all bodies of water including rainwater, within

the territorial jurisdiction of the Philippines.

Water Resources Regional Offices refers to the field office of the
Department which are to be established in accordance with the

identified water resources regions in the country.

Water Service Providers refer to the water districts, any water utility run
by an LGU, cooperatives and private sector who provides water supply

services to any given area.


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CHAPTER II
THE DEPARTMENT OF WATER RESOURCES

SECTION 4. Creation of the Department of Water Resources. - There is hereby
created and established the Department of Water Resources, hereinafter referred
to as the “Department”. The Department shall have an organizational structure,

powers, functions, and duties mandated by the immediately preceding sections.

SECTION 5. Mandate. - The Department shall be the primary policymaking,
planning, coordinating, implementing, and administrative agency of the
Executive Branch of the government that will oversee and streamline the
management of water resources and utilities in the country. The Department will
serve as the unified agency and shall absorb all the functions and duties related
to the management of water resources presently distributed to several

government agencies and instrumentalities.

The Department shall adopt the Integrated Water Resource Management (IWRM),
which is a process promoting the coordinated development and management of
water, land and related resources, as the strategic framework for national water

management, policymaking and planning.

SECTION 6. Powers and Duties of the Department. - The powers and duties of

the Department are as follows:

I. Policymaking and Planning

(a) Guarantee that the IWRM is adopted as the strategic framework for
the water management policymaking and planning in the country;

(b) Formulate policies and strategies for the seamless transfer of
offices, powers, and functions to the Department;

(c) Develop and regularly update, in consultation with other agencies

and stakeholders, the provisions set forth in this Act;


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(d) Create orders, resolutions, rules and regulations to be adopted by
public and private water utilities;

(e) Conduct continuing study and research for the country’s renewable
water supply;

() Create better plans and policies for flood management with the aid
of today’s technology, integrated with stormwater/urban drainage
and appropriate retention of basins in order to prevent, and
minimize detrimental and catastrophic effects of flooding;

(g) Develop and implement, in coordination with other relevant
agencies, effective codes, standards, benchmarks, and reasonable
guidelines to ensure the safety of all public and private water
structures in the country, and assure efficiency and proper quality
in the construction of water, sanitation, irrigation, hydropower,
flood control and drainage infrastructure;

(h) Ensure that the planning and design of water infrastructure
considers the highest efficiency and most appropriate qualit

(i) Review existing guidelines appropriate for Private Sector
Participation in the water sector and provide needed
recommendations to the Public-Private Partnership Center, NEDA,
and other concerned agencies to promote and enable more PPPs in
the sector, under the supervision of the Department;

(i) Effect the exchange and compel the submission of data from the
different departments, agencies and instrumentalities under the
umbrella of the Department, for water resources development
planning;

(k) Ensure the effective implementation of Republic Act No. 9275,
otherwise known as the Philippine Clean Water Act of 2004, the
Department being the lead agency thereof;

() Issue and promulgate rules, regulations and guidelines as may be
necessary for the implementation and enforcement of the

Department's powers and functions, as provided under this Act

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i.

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Resource Regulation

(a) Protect and preserve the country’s water resources to ensure
optimal use thereof for domestic water supply, sanitation,
irrigation, hydropower, navigation, flood control, and recreation,
including the enhancement and maintenance of water quality,
conservation of watershed, control of water pollution and
environmental restoration, without compromising the natural
ecosystem functions and services;

(b) Regulate the utilization and development of water resources, and
determine priority uses of water in times of crisis and national
emergencies;

(c) Ensure the implementation of Presidential Decree 1067 otherwise
known as the Water Code of the Philippines;

(d) Determine and grant water rights, thereby amending laws relating
to the appropriation and utilization of surface and groundwater;

(e) Formulate, promulgate and enforce rules and regulations for the
development and use of water resources and its administration and
management;

() Review and revisit rules and regulations already existing and
implemented, including the review of regulations prescribed by any
government agency pertaining to water use, exploitation,
development, conservation and protection of waters, water
resources, and watershed or basin areas;

(g) Impose fees or charges, as may be necessary, for water resources
conservation and protection, and authorize LGUs to impose fees
and charges in their respective jurisdictions;

(h) Initiate and promote public awareness and public participation in

water resources management.

Administration and Management

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(a) Develop guidelines including rules of partnership among the
local

Department, field offices of national government agencies
government units (LGUs) and other stakeholders;

(b) Authorize 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
investigation, including the assessment and evaluation of the
conditions of water facilities installed, to determine its compliance
with water laws and standards;

(c) Provide technical assistance to water users including, but not
limited to, farmers, communities, LGUs and other water service
providers, whether directly or in coordination with other agencies
on all aspects of integrated water resource management;

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

(c) Deputize agents, whether from the public or private sector, to assist

in the performance of any of the powers and functions of the

Department
( Appoint, hire, and maintain adequate staff and personnel, advisers
and/or consultants with qualifications and experience deemed

necessary.

IV. Coordination

{a) Coordinate and integrate water resources development activities of
the country within the context of national plans and policies for
social and economic development;

(b) Coordinate with other government agencies, academes, and private
professional groups all aspects of data gathering, special studies
and researches on all fields of water resources management and

development;

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(c) Coordinate with the concerned and relevant agencies engaged in
flood control, flood risk management, and drought risk
management;

(d) Coordinate with LGUs to ensure the integration of water resources
development plans into their respective plans and_ policies
regarding water management and utilization.

(e) Exercise other powers and functions necessary or incidental to the
effective administration and management of the water resources of
the Philippines; and

(f) Carry out such other functions as the President may assign to the
Department consistent with the objectives and provisions of this

Act.

SECTION 7. Absorbed Offices and Personnel by the Department. ~ The following
offices, together with their powers, functions, personnel, applicable funds and
appropriations, records, equipment and property, shall be transferred to the

Department:

(a) The National Water Resources Board, whose mandate, powers and
functions are provided in Presidential Decree No. 424, as amended;

(b) The River Basin Control Office of the Department of Environment and ~
Natural Resources (DENR), whose mandate, powers, and functions are
provided in Executive Order No. 510 and E.O. No. 816, as amended;

(c) The Manila Bay Coordinating Office of the DENR, which was reinforced
by DENR Administrative Order 2011-01;

{d) The Water Resources Management Division of the Bureau of Soils and
Water Management of the Department of Agriculture;

(e) The Water Supply and Sanitation Unit of the Department of Interior
and Local Government;

() The Water Quality Management Section of the Environmental

Management Bureau of the DENR; and

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(g) All other agencies exercising water resources management,
conservation and protection functions which the President may order

to be transferred to the Department.

SECTION 8. Functions transferred to the Department. - The following functions
from their respective agencies, bureaus, units shall be transferred to the

Department:

(1) The hydrological surveys and groundwater mapping function of the
Mines and Geosciences Bureau (MGB) of the DENR;

(2) The hydrological surveys monitoring of stream flow and water data
collection function of the Bureau of Design and Bureau of Research and
Standards of the Department of Public Works and Highways (DPWH);

(3) The protection and conservation of natural wetlands such as lakes,
marshes, swamps of the Biodiversity Management Bureau of the DENR;

(4) The planning, programming, administration, monitoring, management
of the National Sewerage and Septage Management Program by the
DPWH;

(5) The flood management planning and sediment management function of
the Flood Control Management Cluster of the DPWH;

(6) The Water Resource Management Division and the water research
functions of the Soils and Water Research Division of the Bureau of Soils

and Water Management under the Department of Agriculture.

SECTION 8. Offices under the Direct Supervision of the Department. - The

following agencies shall now be under the direct supervision of the Department:

(1) The Local Water Utilities Administration (LWUA), whose mandate,
powers, and functions are defined in Presidential Decree No. 198,
otherwise known as the Public Water Utilities of 1973, as amended;

(2) The Metropolitan Waterworks and Sewerage System (MWSS), whose
mandate, powers, and functions are provided under Republic Act No.

6234, as amended;

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(3) The National Irrigation Administration (NIA) whose mandate, powers,
and functions are defined under Republic Act No. 3601, as amended by
Presidential Decree No. 552, and P.D. No. 1702;

(4) The Laguna Lake Development Authority (LLDA), whose mandate,
powers, and functions are defined under Republic Act No. 4850, as
amended;

(5) The Pasig River Rehabilitation Commission created under Executive
Order No. 54, Series of 1999, and abolished under Executive Order No.
93, Series of 2019, specifically those powers and functions that were
transferred to the Manila Bay Task Force and DENR through the latter
E.O., ie., the implementation of the Pasig River Rehabilitation on the

river’s potential for transportation, recreation, and tourism purposes.

SECTION 10. Interdepartmental Relations. - The Department stands as the
primary agency for the management of water utilities. As such, the functions of
the following offices should be in consultation with the Department, consistent

with the mandate provided under this Act:

(a) The authority and responsibility of Department of Health (DOH) in setting
and enforcing drinking water quality standards.

{b) The authority and responsibility of DENR in protecting the environment
and managing the country’s watersheds.

(c) The authority and responsibility of the Department of Energy (DOE) and
the National Power Corporation (NPC) in setting up and running
hydropower plants. The Department shall see to it that any hydropower
plant, its plans and developments are consistent with the National Water
Development and Management Plan;

(d) The responsibility of the Department of Agriculture and the National
Irrigation Administration in ensuring an agricultural development that
reduces sources of pollution for surface and groundwater, and agricultural
and industrial economic development that employs water efficiency, water

recycling/reuse and the appropriate treatment of wastewater;

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(c) The responsibility of the National Disaster Risk Reduction Management
Council in ensuring that its plans and designs for flood control, flood risk
management and drought risk management are aligned with the objectives
and plans of the Department;

(f The task of the Climate Change Commission (CCC), PAGASA, and National
Mapping and Resource Information Authority for scientific studies,
integrated surveys, mapping, and charting;

(g) The task of the Philippine Council for Agriculture, Aquatic, and Natural
Resources Research and Development (PCAARRD), a sectoral council of
the DENR, in conducting research and development programs for the
prevention and abatement of water pollution;

(h) The responsibility of the Department of Tourism on the recreational use of
water resources;

(i) The responsibility of the Philippine Reclamation Authority and economic
zone authorities on water resources development and water requirements
within reclamation areas and economic zones;

() The responsibility of the Philippine Coast Guard (PCG) which is under the
Department of Transportation and Communications in preventing ocean
dumping of water pollutants.

(k) The function of relevant government agencies, including LGUs for the
development projects and collaboration between and among all water

subsectors.

SECTION 11. Transition Period. - The transfer of functions, assets, funds,
equipment, properties, transactions, and personnel of the affected agencies, and
the formulation of the internal organic structure, staffing pattern, operating
system, and revised budget of the Department, shall be completed within six (6)
months from the effectivity of this Act, during which time, the existing personnel
shall continue to assume their posts in holdover capacities until new
appointments are issued: Provided, transfer of the agencies specified in this Act,

the Department, in coordination with the DBM, shall determine the positions

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and the funding requirements of which shall not exceed the equivalent cost of

positions prior to the said transfer.

SECTION 12. Separation and Retirement from Service. - Employees who are
separated from service within six (6) months from the effectivity of this Act as a
result of the consolidation and/or reorganization under the provisions of this Act
shall receive separation benefits to which they may he entitled under laws
governing the same: Provided, That those who are qualified to retire under
existing retirement laws shall be allowed to retire and receive retirement benefits

to which they may be entitled under applicable laws and issuances.

SECTION 13. Composition. - The Department shall be headed by the Secretary.
The Department proper shall be composed of the Office of the Secretary, the
Offices of the Undersecretaries and the Assistant secretaries.

SECTION 14. Secretary of Water Resources. - The Secretary shall be appointed
by the President, subject to the confirmation by the Commission on

Appointments.
The Secretary shall have the following functions:

(a) Advise the President on the promulgation of executive or administrative
orders, rules and 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;

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

(d) Exercise supervision and control over all offices, commissions, divisions,
and units under this Department and other departments, offices, agencies,
and/or entities transferred to or absorbed by this Department;

(c) Supervise all attached agencies and corporations in accordance with law;

(), Represent the Department in contracts, awards, and the like;

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(g) As deemed appropriate by the Secretary, delegate authority for the
performance of any power or function, as defined herein to officials and
employees under his discretion; and

(h) Perform such other duties and responsibilities as may be provided by law.

The Office of the Secretary shall be composed of the Secretary and his

immediate staff.

SECTION 15. Undersecretaries. - The Secretary shall be assisted by not more
than five (5) Undersecretaries, who shall all be appointed by the President, upon

the recommendation of the Secretary.

SECTION 16. Assistant Secretaries. — The Secretary shall be with the help of not
more than seven (7) Assistant Secretaries appointed by the President, upon the

recommendation of the Secretary.

SECTION 17. Qualifications. - No person shall be appointed as Secretary,
Undersecretary, or Assistant Secretary of the Department unless he or she is a
citizen and a resident of the Philippines, of good moral character, of proven
integrity and with at least seven (7) years of competence and expertise in public
administration and in the administration of water, sanitation, irrigation, flood

control and drainage programs preferably in a public agency

SECTION 18. Regional Offices. - The Department may establish, operate, and
maintain a regional office in the different administrative regions of the country
as the need arises. Each regional office shall be headed by a Regional Director,
who may be assisted by one (1) Assistant Regional Director. The Regional
Director and Assistant Regional Director shall be appointed by the President.
The regional offices shall have, within their respective administrative regions, the

following functions:

(a) Implement laws, policies, plans, programs, projects, rules and

regulations of the Department:

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(b) Provide efficient and effective service to the people:

{c) Coordinate with regional offices of other departments, offices, and

agencies;
(d) Coordinate with the LGUs; and

{e) Perform such other functions as may be provided by law or assigned by

the Secretary.

SECTION 19. Structure and Staffing Pattern. - Subject to the approval of the
Department of Budget and Management, the Department shall determine its
organizational structure and create new commissions, divisions, or units as it
may deem necessary, and shall appoint officers and employees of the

Department in accordance with the civil service law, rules, and regulations.

SECTION 20. Funding Source. - The available funds of the National Treasury
shall be set aside and appropriated for the organization of the Department and
its initial operations. Afterwards, the Department shall submit to the Office of
the President its annual budget in order to fully carry out its powers and

functions.

SECTION 21. Implementing Rules and Regulations. - Within ninety (90) days
from the effectivity of this Act, the Department, in consultation with the
concerned government agencies, shall promulgate rules and regulations for the

implementation of this Act.

SECTION 22. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof which are
inconsistent with the provisions of this Act, are hereby repealed, amended or
modified accordingly.

SECTION 23. Separability Clause. - Should any part of this Act be declared
unconstitutional or invalid, other provisions hereof that are not affected thereby

shall continue to be in full force and effect.

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SECTION 24. Effectivity. - This Act shall take effect fifteen (15) days following

the completion of its publication in the Official Gazette or in newspaper of general

circulation.

Approved,