Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4447

HOUSE BILL NO.

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT CREATING THE DEPARTMENT OF WATER RESOURCES, AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

Article II, Sec. 15 of the 1987 Constitution provides that the State shall
protect and promote the right to health of the people and instill health
consciousness among them. On July 28, 2010, the United Nations General Assembly
recognized the Human Right to Water and Sanitation (HRWS) as a human right. The
HRWS obliges governments to ensure that people can enjoy clean, available,
acceptable, accessible, and affordable water and sanitation. In South Africa, the
right to water is explicitly recognized in their constitution. In India, their highest
court has ruled that the right to water and sanitation is an enforceable right
protected by the constitution itself, even if unwritten.

More than 10 million people in the Philippines still get their water from unsafe
‘sources. As to sanitation, more than 6 million people still lack access to proper
‘sanitation facilities.

In March 2019, Metro Manila suffered a water crisis. In the East Zone of
Metro Manila, more than 52,000 households did not have water at some point. While
the dry season was partly to blame for the water crisis, officials recognized that the
main problem was in relation to supply and demand. Part of the reason why the
demand for water is not being met is the delay of water infrastructure projects.

In order to address the myriad water problems that the country is facing both
in the short-term and long-term, a strong apex body is needed for water resources
management, and the formulation of strategies to foster coordinated nationwide
efforts in solving water and sanitation problems.


The proposed Department of Water Resources seeks to address this need by
centralizing the planning, programming, policy formation, and management of water
resources. It will also conduct the necessary research focused on the water and
sanitation sectors, and supervise and evaluate the performance of the different
water and sanitation organs. It will also deal with related problems such as pollution
and flood control.

Considering the rationale stated above, passage of this bill is earnestly
sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4447

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT CREATING THE DEPARTMENT OF WATER RESOURCES, 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 National Policy. It is hereby declared the policy of
the State to ensure the provision of safe, adequate, affordable and sustainable water
supply and improved sanitation services, while maintaining the protection,
preservation and revival of the quality of the country’s water resources and
ecological balance.

SECTION 3. Definition of Terms. For purposes of this Act, the following terms
are hereby defined:

a) Department refers to the Department of Water Resources.

b) Alood Control refers to methods, acts and protocols to be observed in
order to prevent and reduce the detrimental and catastrophic effects of
flood waters which include sediment-laden or turbid flows, hyer-
concentrated flows or debris flows.

Flood Risk Management (FRM) refers to such acts of defining and
determining the appropriate methods, acts and protocols aimed at
preventing and reducing risk of incurring loss of both life and property due
‘to flood waters. Flood risk management consists of a cycle of prevention,
mitigation, adaptation, preparedness and early warming, and, finally
response and recovery. The elements of FRM include: integrating land-use
planning, coastal zone management into water management; adopting a

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holistic approach so that FRM is part of wider risk or multi-hazard
management (earthquake, landslides, storm surge, etc); managing risk
and uncertainty as a whole so it is not only hydrological uncertainties but
also social, economic and political uncertainties in view of human behavior
and cultural dimensions of FRM.

4) Gender Equality refers to the principle asserting the equality of men and
women and their right to enjoy equal conditions realizing their full human
potentials to contribute to and benefit from the results of development,
and with the State recognizing that all human beings are free and equal in
dignity and rights.

) "Infrastructure and public works” as used in this Act should be read 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, power and duties of the Department.

f) IWRM refers to the Integrated Water Resource Management or to a
systemic, collaborative and multi-stakeholder process, which promotes the
coordinated development and management of water, land and related
resources within geophysical boundaries in order to maximize the resultant
economic and social welfare in an equitable manner and without
compromising the sustainability of vital ecosystems.

g) Levels of water supply service shall mean as follows:

Level I (point source) — a protected well or a developed sprint with an
outlet but without any distribution system, generally adaptable for rural
and upland areas where the houses are thinly scattered. A Level 1 facility
usually serves an average of 15 households.

Level II (communal faucet system or stand posts) — a system composed of
a water source, a reservoir, a piped distribution network, and communal
faucets. Usually, one faucet serves 4 to 6 households. Generally suitable
for rural and urban fringe areas where houses are clustered densely to
justify a simple piped system.

Level III (waterworks system or individual house connections) - a system
with a water source, a reservoir, a piped distribution network and
household taps. This is generally suited for densely populated urban
areas.

h) LGU refers to Local Government Unit or to the territorial and political
subdivisions of the Philippines as defined under the 1987 Constitution of
the Philippines, which includes provinces, cities, municipalities and
barangays.

i) NORRMC refers to the National Disaster Risk Reduction Management
Council


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j) POP refers to the country’s medium-term development called the
Philippine Development Plan.

k) RBO refers to the multi-stakeholder River Basin Organization or to
organizations which plan, coordinate and monitor activities within a river
basin cluster.

}) Sanitation refers to sewage, sanitation and septage management.

m) Sediment management refers to control of sediment erosion and
deposition in rivers, reservoirs and coastal zones through non-structural
and structural measures and control works.

1n) SDGrefers to the United Nation’s sustainable development goals.

0) Septage refers to sludge produced on individual onsite wastewater
disposal systems, principally septic tanks and cesspools.

p) 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
sewage runoff conveyed by a sewage system for treatment or disposal.
For purpose of this Act, the definition of septage shall be included in the
use of sewage.

@) 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 a point of sewage treatment plant disposal.

1) Sewers refer to pipes or such other works or structures which are built
and constructed to treat, carry, transport and dispose sewage.

s) Social inclusion refers to the process of improving the terms for
disadvantaged individuals and groups to take part in society.

t) Tariffs refer to such amounts which may be charged by licensees of water
supply and/or sanitation services for their services based on principles,
standards and guidelines established by the Department.

u) Water Demand Management (WDM) refers to any method — whether
technical, economic, administrative, financial, or social — that will
accomplish one or more of the following things: (1) reduce the quantity or
quality of water required to accomplish a specific task, (2) adjust the
nature of the task or the way it is undertaken so that it can be
accomplished with less water or with lower quality water, (3) reduce the
loss in quantity or quality of water as it flows from source through use to
disposal, (4) shift the timing of use from peak to off-peak periods and (5)


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increase the ability of the water system to continue to serve society during
times when water is in short supply.

v) Water Resources Regional Offices (WRROs) — refer to the field office of
the Department which are to be established in accordance with the
identified water resources regions in the country.

w) Water Service Providers (WSPs) refer to the water districts, any LGU-run
water utility, BWSA, RWSA, cooperatives and private sector who provides
water supply services to any given area.

x) Water supply service refers to any activity compromising Levels I, II and
II water supply including bulk suppliers, suppliers to subdivisions and
other water service providers.

Chapter II: ORGANIZATION

SECTION 4. The Department of Water Resources. There is hereby created and
established the Department of Water Resources, hereinafter referred to as the
“Department,” which shall be organized within one hundred eighty (180) days after
the effectivity of this Act. The Department shall have the organizational structure,
Powers and functions needed to perform its mandate as provided in this Chapter.

SECTION 5. Mandate of the Department. The Department shall be primary
agency responsible for the comprehensive and integrated water resources
development and management for the Philippines. It 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 water supply,
sanitation, irrigation, hydropower, flood control, stormwater/urban drainage. The
Department shall be guided by the integrated water resources management (IWRM)
framework, take climate risks into account, and ensure sustainability of the natural
ecosystem functions and services. In managing water resources, the Department
shall aim to improve water conservation and increase system efficiencies, and
optimize the use of all freshwater in the country including groundwater, surface
water, rainwater, run-offs, floods, stormwater and urban drainage, and treated
wastewater to meet various needs.

SECTION 6. Objectives of the Department. Consistent with its mandate, the
Department shall have the following objectives:

a) To prioritize and seek the immediate attainment of universal access to
safe, adequate, affordable and sustainable water supply and improved
sanitation services for all Filipinos in a manner consistent with the
protection, preservation and revival of the quality of the country’s water
resources, and to adopt all needed measures to advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature;

b) To strengthen and coordinate integrated water resources management
planning and policy making to ensure sustainable and fair allocation and
efficient use of water resources among competing uses and users,

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including but not limited to, domestic and municipal use, agriculture
(irrigation, farming & fisheries), power generation, commercial, and
industrial use;

c) To ensure that integrated water resources management is strongly
coordinated with land use/cover, coastal zone and multi-hazard planning
and management;

d) To ensure and oversee the implementation of the Water Code of the
Philippines;

e) To promote State participation in information sharing and education
around best practices in the international movement to achieve universal
access to safe water and improved sanitation and the integration of water,
energy, food security and environment;

f) To ensure that gender equality, social inclusion, climate resiliency and
disaster risk reduction are integrated into any water resources
management planning, policy making, and the design and construction of
water infrastructure;

g) To strengthen and coordinate policy making and planning for flood
management, integrated with stormwater/urban drainage and appropriate
retention or retarding basins in order to plan against, prevent, and
minimize the detrimental and catastrophic effects of flooding;

h) To encourage and enable private sector participation in the continued
growth and development of water sector;

i) To promote and adopt water demand management as a national policy to
ensure that water is optimized, that water efficiency and conservation
become a way of life, that the recycling and reuse of water and treated
wastewater are widely practiced, that water is properly priced to
encourage efficient use and conservation and that rainwater, flood waters,
and run-offs are captured/harvested, stored and treated for future use;

j) To ensure that the planning and design of water infrastructure considers
the highest efficiency and most appropriate quality, in accordance with
national development objectives; and

k) To ensure the effective implementation of all the provisions of RA 9275,
known as the Clean Water Act of the Philippines.

SECTION 7. Powers and Duties of the Department. - The Department shall
have the following powers and duties:

L Policy-making and Planning:

a) Ensure that Integrated Water Resources Management is adopted as the
strategic framework for water management policy-making and planning in
the country and coordinate the implementation, promotion, revision and
enhancement of IWRM plans;


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b) Provide policy direction, strategies, and targets in coordination with other
relevant entities to meet the goals and objectives for water supply and
sanitation, water quality, irrigation, hydropower, flood control, stormwater,
and urban drainage. Such policies shall, among other things, integrate the
issues of water and sanitation, food security, energy, environment and
flood control;

©) Formulate and develop policies to promote universal access to safe,
adequate, affordable, and sustainable water supply and improved
sanitation services for all Filipinos;

4) Formulate and promulgate rules and regulations for the development, and
optimum utilization of water resources and its administration and
management, including coherent water protocols and operation rules of all
existing and future water infrastructure; and the imposition on fees or
charges as may be deemed necessary by the Department for water
resources development;

e) Develop, in consultation with other agencies and stakeholders, the
National Water Resources Management Master Plan following the IWRM
framework and building on the 1998 Master Plan Study on Water
Resources Management, the Philippine Water Supply and Sanitation
Master Pian and existing plans of other agencies;

f) Conduct continuing hydrologic surveys and studies of the country’s
renewable water supply, establish, operate and maintain observation
station networks with a view towards formulating long-term policies to
balance the sustainability and optimal multiple use of water resources,
defining the hydrologic boundaries of basins of the existing water supply
sources and developing or updating and implementing countrywide
comprehensive basin-wide master plans;

4) Establish, operate, and maintain a centralized water resources data center
necessary for the scientific survey and appraisal of surface and ground
water potentials of the country and determine the annual renewable water
available per water resources region;

h) Assist and provide the National Economic and Development Authority
(NEDA) secretariat with required data and input from and for the water
sector in the formulation of the country’s short-term and long-term
strategic development plans, and actions and recommend the adoption of
general policies and guidelines for water resources development to the
NEDA secretariat;

i) Review and approve water resources development plans and programs of
any agency within the context of the National Water Management Master
Plan and overall national plans and programs;

j) Regularly review regulations prescribed by any government agency
pertaining to water use, exploitation, development, conservation or
protection of waters, water resources, and watershed or basin areas;

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k) 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;

1) Review existing guidelines appropriate for Private Sector Participation in
the water sector and make needed recommendations to the PPP Center,
NEDA and other concerned agencies to promote and enable more PPPs in
the sector;

m) Effect inert-sectoral, inter-agency, and inter-departmental coordination on
all aspects of data gathering for water resources development planning
and compel submissions of statistics and data on water management with
the aim of operationalizing the integrated approach to water resources
management;

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

Il. Resource Regulation

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

b) Regulate and control the utilization, abstraction, diversion and
development of water resources, taking in consideration its equitable
distribution among competing demands and determine the standards of
beneficial and priority uses of water in times of crisis and national
emergencies;

c) Determine, adjudicate, and grant water rights amending, for this purpose,
Act No. 2152, and other laws relating to the appropriation and utilization
of surface and groundwater;

d) Formulate and enforce rules and regulations for the development and
‘optimum use of water resources and its administration and management,
and implement rules and guidelines for the enforcement of water-related
laws including coherent water protocols, operational rules of all existing
and future water infrastructure and appropriate sanctions to be imposed
for non-compliance;

III. Administration and Management


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a) Develop guidelines including rules of partnership among the Department,
field offices of national government agencies, LGUs and other
stakeholders, and facilitate the establishment of multi-stakeholder river
basin organizations (RBOs) per river basin and strengthen and support
existing RBOs and monitor their activities;

b) Develop materials for capacity building and training on RBO development
and conduct training and workshops for prospective river basins;

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
laws and standards;

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

°)

) Respond to consumer complaint/s, and ensure the adequate promotion of
consumer interests;

f) 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 suitable qualifications and experience, as necessary;

IV. Coordination

a) Coordinate and integrate, on a sound and logical basis, 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, universities and private
professional groups for all aspects of data gathering, the conduct of
special studies and research on all related aspects of water resources
management and development such as climate change, environmental
quality, desalination and the development of operating strategies,
procedures, and protocols with accompanying computerized decision tools
for major water facilities;

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

) Proactively coordinate with Local Government Units to ensure the
integration of water resources development plans into their
comprehensive land use plans (CLUPs), Comprehensive Development
Plans (CDPs) or Provincial Physical Framework and Development Plan
(PPFDP).

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V. General or Others

a) Exercise such other powers and functions necessary or incidental to the
effective administration and management of the country’s water
resources; and,

b) Carry out such other functions as the President may from time to time
assign to the Department consistent with the aims and provisions of this
Act.

SECTION 8. Secretary of the Department of Water Resources. - The
authority and responsibility for the exercise of the mandate of the Department and
for the discharge of its powers and functions shall be vested in the Secretary of the
Department of Water Resources, hereinafter referred to as the Secretary, who 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;

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

) Exercise supervision and control over all Bureaus and Offices under the
Department;

e) Supervise all attached agencies and corporations in accordance with law;
f) Represent the Department in contracts, awards, and the like;

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 direction; and

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

No person shall be appointed Secretary unless he possesses extensive knowledge of
Public administration and has a minimum of ten (10) years experience in the
administration of water. Sanitation, irrigation, flood control and drainage programs
preferably in a public agency.

SECTION 9. Office of the Secretary. - The Office of the Secretary shall be
composed of the Secretary and his immediate staff.

SECTION 10. 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. The Secretary is hereby authorized to delineate
and assign the respective functional areas of responsibility of the Undersecretaries:
Provided, that such responsibility shall be with respect to the mandate and
objectives of the Department; and Provided further, that no Undersecretary shall be


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assigned primarily administrative responsibilities. Within 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 assigned units for which the
Undersecretary is responsible to the Secretary; and

) 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.

One (1) of the Undersecretaries shall be the Undersecretary for Planning and Policy
who should be a Career Officer and shall have primary responsibility, in coordination
with the Planning and Policy Service, for advancing efforts in the pursuit of the
ultimate goal of universal access to water supply and sanitation systems and
sustainable management of water resources. The Undersecretary for Planning and
Policy shall also have the primary responsibility for knowledge sharing and
advancement of efforts around the integration of water, energy, environment, and
food security.

No person shall be appointed Undersecretary unless he possesses a working
knowledge of public administration and has a minimum of seven (7) years of
experience in the administration of water, sanitation, irrigation, flood control, and
stormwater drainage, preferably in a public agency or with legal or financial
knowledge of such programs; provided that only five (5) years of experience shall be
required for the Undersecretary to be assigned for support services.

SECTION 11. Assistant Secretaries. — The Secretary shall be assisted by six (6)
Assistant Secretaries appointed by the President of the Philippines upon the
recommendation of the Secretary; one to be responsible for Planning and Policy
Service; one for Decision Support System Service; one for Regulatory Service; one
for the Comptrollership and Financial Management Service; one for Legal and
Legislative Service; and one for Administrative and Human Resources Management
Service.

No person shall be appointed Assistant Secretary unless he possesses a working
knowledge of public administration and has a minimum of five (5) years experience
in the administration of water, sanitation, irrigation, flood control, and stormwater
drainage or other water resources management programs.

SECTION 12. Organizational Structure. - The Department shall be composed of
the following organizational units:

a) Department proper consisting of the Office of the Secretary, the Offices of
the Undersecretaries and Assistant Secretaries, the Internal Audit Office, the
Public Affairs Office, the Pollution Adjudication Board, the Planning and Policy
Service, Decision Support System Service, Administrative and Human
Resources Service, Legal and Legislative Service, Comptrollership and
Financial Management Service, and Resource Regulation Service.

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b) The Attached Agencies, namely:

i. The Local Water Utilities Administration, whose mandate, powers, and
functions are defined in Presidential Decree No. 198, as amended and
which will be transferred from DPWH and attached to the Department. It
shall continue to be primarily a specialized lending institution for the
promotion, development, and financing of local water utilities. In the
implementation of its functions, the Administration shall (a) prescribe
minimum standards and regulations in order to assure acceptable
standards of construction materials and supplies, maintenance, operation,
personnel training, accounting and fiscal practices for local water utilities;
(b) furnish technical assistance and personnel training programs for local
water utilities; (c) monitor and evaluate local water standards; and (d)
effect system integration, joint investment and operation, district
annexation, and de-annexation whenever economically warranted (as
amended by Sec. 22, PD 768).

ii, The Metropolitan Waterworks and Sewerage System (MWSS), whose
mandates, powers, and functions are defined by Republic Act No. 6324, as
amended, and which will be transferred from the DPWH and attached to
the Department. It will continue to facilitate the exercise by the
concessionaires of its agency powers, carry out accounting and notification
functions, monitor, report, and administer loans and perform related
functions in connections with existing projects, manage and dispose its
retained assets and manage and operate the Umiray-Angat Transbasin
Project.

|. The National Irrigation Administration, whose mandate, power, and
functions are stated in Republic Act No. 3601, as amended and Presidential
Decree No. 552, as amended and which will be transferred from the Office
of the President and attached to the Department. It will:

-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;

-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


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thereof, shall be undertaken in coordination with the agencies
concerned;

- charge and collect from the beneficiaries of the water from all irrigation
systems constructed by or under its administration, such fees or
administration charges as may be necessary to cover the cost of
operation, maintenance, and insurance and recover the costs of
construction within a reasonable period of time to the extent of
consistent with government policy; and

- recover funds or portions thereof expended for the construction and/or
rehabilitation of communal irrigation systems (CIS) which shall accrue
‘to a special fund for irrigation development.

iv. The Laguna Lake Development Authority, whose mandate, powers, and
functions are laid out in Republic Act No. 4850, as amended which will be
transferred from DENR and attached to the Department. It will continue to
serve as lake management and development authority similar to a multi-
‘stakeholder river basin organization and will ensure the implementation of
the Laguna Lake Master Plan which will be updated by the Department to
ensure alignment with the National Master Plan for Water Management. Its
regulatory powers will however be taken over by the Department.

v. The Pasig River Rehabilitation Commission, which was created by
Executive Order No. 54, series of 1999, as amended which will be
transferred from the Office of the President and attached to the
Department. It will update the existing master plan to ensure consistency
with the National Water Resources Management Master Plan, regulate
easement, integrate and coordinate development programs, abate
industrial wastewater and sewerage dumping and enforce environmental
laws, relocate formal and informal settlers, undertake civil works such as
dredging, clearing of structures, cleaning of the river and its
tributaries/esteros, prepare regular Status Report to the President,
coordinate with other national and local government agencies/units and
formulate its own implementing rules and regulations.

vi. Any other agency exercising water resources management,
conservation, and protection functions which the President may order to be
transferred to the Department; and

vii, Water Resources Regional Offices, based on the water resources
regions of the country, as deemed appropriate and necessary by the
Secretary.

SECTION 13. Offices, functions, and personnel to be completely subsumed

by the Department.

The following offices with their powers, functions, personnel, applicable funds and

appropriations, records, equipment, and property are to be subsumed by the
Department:


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a) The National Water Resources Board (NWRB) with all its divisions and
sections, whose mandate, powers, and functions are found in Presidential
Decree No. 424, as amended;

b) The River Basin Control Office (RBCO) of the DENR whose mandate,
powers, and functions are found in Executive Order No. 510 and Executive
Order No. 816, as amended;

¢) The Manila Bay Coordinating Office (MBCO) of the DENR which was
created by virtue of DENR Special Order 2011-01 to coordinate the efforts of
the 14 national agencies covered by the Mandamus Order of the Supreme
Court to rehabilitate Manila Bay;

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

e) The Water Quality Management Section of the EMB of the DENR.
SECTION 14. Functions to be transferred to the Department.

a) The function of the Mines and Geosciences Bureau (MGBO of the DENR to
conduct hydrological surveys;

b) The monitoring of stream flow and other water data collection function of
the Bureau of Design of the DPWH.

SECTION 15. Planning and Policy Service. - The Planning and Policy Service is
hereby created to provide the Department with the capability to undertake water
infrastructure development planning and programming. For this purpose, it shall
have the following functions:

a) Advise the Secretary on all matters relating to water resources planning;

b) Assist the Undersecretary for Planning and Policy on all matters related to
the specific functions of the position;

c) Formulate strategies and priorities for water resources management and
development consistent with national development objectives and initiate or
undertake relevant surveys for development planning;

d) Develop and regularly update a comprehensive and integrated National
Water Resources Management Master Plan and ensure its integration into
existing land use plans;

€) Coordinate river-basin planning following the integrated water resources
management framework and the river-basin approach;

f) Formulate or update existing River Basin Master Plans which _ includes
all aspects of water management and development such as water supply
and sanitation, irrigation, flood control and stormwater/urban drainage,
drought risk management, water resource development systems, and other
public water works projects, including phasing of implementation;

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g) Based on the river basin master plan, identify priority packages for water
infrastructure development per river basin including water supply, sanitation,
irrigation, flood control and stormwater/urban drainage, drought risk
management, water resource development systems, and other public works
projects; package project proposals for funding and prioritize project
implementation and the allocation of funds and other resources and
undertake or supervise and evaluate the conduct of feasibility studies and
project preparation thereof;

h) Evaluate and appraise all regional and inter-regional infrastructure water
development plans and programs as to their feasibility and consistency with
approved strategies and long and medium-term plans;

i) Initiate regular Department-wide planning exercises and act as the
secretariat thereof;

j) Gather, analyze, and organize needed statistical data and information;

k) Provide technical assistance related to its functions to the other Services,
Bureaus, and the Regional Offices as needed;

}) Conduct of hydrologic and hydraulic surveys and assessments of surface
waters;

m) Develop general criteria and standards on project investigation,
formulation, planning;

1) Develop guidelines and standards on social inclusion in water resources
management and ensure policies, programs, and plans are compliant with the
gender and development framework of the government;

©) Closely coordinate with PAGASA for rainfall and other climate data which
should be considered in the planning for water resources development and
management and for various water infrastructure; and

p) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by law.

SECTION 16. Decision Support System Service. - The Decision Support
System Service is hereby created to provide the Department with water resource
management tools and computerized decision support system that incorporates data
management system (acquisition and database) and model base (physical, design,
planning, and decision models). Additionally, the services include services related to
networking, data management, and information and knowledge/learning
management systems for administrative and non-technical support for the
department. The Service is also responsible for providing the Secretary timely
reports on the status of various Department projects and activities. For this purpose,
it shall have the following functions:

a) Provide the Secretary needed data and processed information to aid in
policy and management decisions under the mandate of the Department;

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b) Publish available real-time raw water data (through internet) as well as
verified or validated water data (in print and/or electronic form through
internet) in tabular and graphical displays as time series and/or spatial data;

) Conduct standard data analysis such as basic statistical analysis, trend
analysis, analysis of runs, cluster analysis, etc. and also publish in print
and/or electronic form;

d) Develop and continuously update water resource management,
computerized decision support system (DSS) that incorporates data
management system (acquisition and database), model base (physical,
design, planning and decision models), and user-friendly interface (graphical
and visualization tools). This DSS is composed but not limited to: a
measurement or data acquisition system; information or database
management system; analytical and numerical models for design/planning
and decision/evaluation purposes: and finally, a user-friendly interface which
includes graphical interface or visualization tools.

e) The specific models to be developed and maintained should include but not
limited to the following: long-term climatologic and weather forecasting
model; watershed models and river-flood plain models; groundwater models
and coupled to surface water models; flood forecasting model for major
rivers; optimization-simulation and/or management models for watershed
conservation, conjunctive surface and groundwater use, irrigation scheduling,
normal and emergency operations of multipurpose reservoirs; and, water
quality and ecological models.

f) Develop and manage the management information system and knowledge
systems of the Department including the retrieval and processing of
monitoring information on all projects and activities of concern to the
Secretary and the web portal and conduct systems and process engineering,
software development, software configuration management; develop and
manage the Department's corporate database, unified database for water
industry, data warehouse, other water information resources, library services
and document management and archiving services; develop and manage the
Department's ICT infrastructure and provide ICT related-services to the
Department including computer networking and voice communications
services and data exchange; manage the literacy and training services of the
Department on various ICTs, KM tools and applications including information
and knowledge management.

4) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by law.

SECTION 17. Administrative and Human Resource Service. - The
Administrative and Human Resource Service is hereby created to provide the
Department with services relating to human resources development, personnel,
records, facilities maintenances, medical and dental, security and property and
procurement services. For such purposes, it shall have the following functions:

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a) Advise the Secretary on all matters relating to internal administration and
human resources management;

b) Prepare and implement an integrated personnel development plan that
shall include provisions for merit promotions, performance evaluation, job
rotation, suggestions and incentive awards systems, and health and welfare
services;

©) Provide services related to human resources training, education, and
development including manpower, career planning and forecasting, and
development of indigenous training materials;

d) 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;

e) 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;

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

g) Develop, establish, and maintain an effective records system;

h) Provide assistance in its area of specialization to the Department Proper,
Bureaus and Regional and District Offices and, when requested, the
government agencies and corporations 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.

SECTION 18. Legal and Legislative Service. — The Legal and Legislative Service
is hereby created to provide the Department with services on such legal affairs as
contract letting and litigation, legal and legislative research, complaints and
investigation, legal counselling and other matters of law. For such purposes, it shall
have the following functions:

a) Advise the Secretary on all matters relating to legal and legislative affairs;

b) Prepare Department contracts and legal instruments, review, and interpret
all contracts and agreements entered into by the Department and evaluate all
legal proposals;

) Conduct administrative investigation as well as the review of administrative
charges against officers and employees of the Department;

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

e) Provide legal assistance to the Department Proper, the Bureaus and
Regional Offices and when requested, the attached corporations;

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f) Develop and prepare the Department's Legislative Agenda, recommend
presidential certification of the urgency of priority water bills, and other
water-related legislation;

) Coordinate and maintain linkages among the various offices, bureaus,
regional offices and attached agencies to the DWR along with other
government agencies on policy matters affecting the Department's mandate
in relation to legislation;

h) Maintain effective liaison with the Congress and the Senate regarding
legislative inquiries and enactment of water bills or other laws that will affect
water into law;

i) Monitor the progress of the Department's priority/certified bills to ensure
their passage; 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 19. Comptrollership and Financial Management Service. — The
Comptrollership and Financial Management Service is hereby created to provide the
Department with coordinated services relating to financial systems and procedures,
budget, cash, accounting, and all financial housekeeping matters. 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;

b) 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, Bureaus, and
Regional Offices;

d) Review and appraise systems and procedures, organizational structure,
assets management practices, accounting, and other records, reports, ad
Performance standards such as budgets and standard costs of the
Department, bureaus, and regional offices;

e) Provide assistance in its area of specialization to any unit of the
Department and, when requested, to government corporations and
councils attached to the Department; and

f) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by law.

SECTION 20. Resource Regulation Service. - The Resource Regulatory Service
is hereby created to provide the Department with services on resource regulation of

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all water-related services and activities. For such purposes, it shall have the
following functions:

a) Advise the Secretary on all matters relating to resource regulations;

b) Determine, grant and regulate water rights for the appropriate, optimal and
sustainable use of surface and ground water;

©) Determine, evaluate and grant waterworks and sewerage franchises;

d) Investigate violations of the water rights and the Water Code and impose
the appropriate sanctions in accordance with existing laws, rules and
regulations as well as future rules and regulations which the Department
will promulgate;

e) Adjudicate water use conflicts; and,

f) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by the law.

SECTION 21. Internal Audit Office. — The Internal Audit Office is hereby created
for the purpose of conducting comprehensive audit of various Department activities
and will report directly to the Secretary. Specifically, it shall have the following
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 the degree of compliance with
established objectives, policies, standards, methods and procedures,
government regulations and contractual obligations of the Department;

) Review and appraise systems and procedures, organizational structure,
assets management practices, accounting and other records, and
performance standards (such as budgets and standard costs) of the
Department Proper, Bureaus 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 law.
SECTION 22. Public Affairs Office. — The Public Affairs Office is hereby created
for the purpose of enhancing government relations with all stakeholders including
the media. It shall ensure that women, men, older people and people with
disabilities will be consulted, organized and can take active part in all aspects of
water resources development and management activities. The office will also lead
the planning and organizing of the special events of the Department. For such
purposes, it shall have the following functions:
A. Public Awareness
a) Advise the Secretary on matters pertaining to public affairs services;

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b) Develop and supervise the implementation of communication p rograms to
have relevant policies, programs and plans of the Department understood
by the public;

c) Produce and supervise the dissemination of communication materials in
line with the priorities of the Department and the national government
public information programs;

d) Conduct public opinion and attitude surveys to identify the interests and
concerns of key groups served by the Department;

€) Establish editorial policies on print and broadcast media;

f) Establish and maintain linkages with the tri-media and presence in social
media;

9) Coordinate the conduct of interviews and news conferences;

h) Act as spokesperson for the Department;

i) Coordinate with various Department units, concemed government
agencies, tri-media and other stakeholders on matters related to the
above-enumerated functions;

Jj) Coordinate with appropriate national government agencies tasked with
public information affairs;

B. Promoting Participation

a) Conduct public consultations and discussions;

b) Develop and disseminate relevant and appropriate materials and programs
for public information and education, as well as advocacy campaign;

c) Conduct seminars and workshops involving the LGUs and the general
public on current water issues and problems;

d) Conduct capability building seminars of various stakeholders to promote
meaningful participation in the Department's policy making, planning,
development and implementation of various programs and projects.

C. Special Events

a) Coordinate the organization and promotion of special events and water
exhibits;

b) Act as the focal point for all water related events.

c) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by law.

SECTION 23. Pollution Adjudication Board. — There is hereby created as
Pollution Adjudication Board under the Office of the Secretary. The Board shall be
composed of the Secretary as Chairman, two (2) Undersecretaries as may be
designated by the Secretary, the Director of Water Quality Management Bureau and
three (3) other representatives from other stakeholders to be designated by the
Secretary as members. The Board shall assume the powers and functions of the
Commission/Commissioners of the National Pollution Control Commission with
respect to the adjudication of water pollution cases under Republic Act No. 3931,
Presidential Decree 984, particularly with respect to Section 6 letters e, f, g, j, k and
Pp of the P.D. 984 and RA 9275. The Bureau of Water Quality Management shall
‘serve as the Secretariat of the Board. These powers and functions may be delegated



to the field officers of the Department in accordance with rules and regulations to be
promulgated by the Board.
SECTION 24. Bureaus. — Each Bureau shall be headed by a Bureau Director who
shall be responsible for efficiently and effectively carrying out the functions of the
Bureau concerned. The Bureau Director shall be assisted by one (1) Assistant
Director.
SECTION 25. Sureau of Flood Control and Drainage. — The Bureau of Flood
Control and Drainage is hereby created to plan and design flood control and
drainage structures and facilities in accordance with technical standards, guidelines
and manuals. For this purpose, it shall have the following duties and responsibilities:
a) Formulate policy, strategies and programs on flood risk management in the
context of integrated flood management (IFM) which integrates water,
land, coastal zone and multi-hazard management. In integrating land-use
planning and water management, the Department should harmonize and
synthesize plans to enable the sharing of information between land-use
planning and water management authorities. In integrating hazard
management, a holistic approach should be adopted so that IFM would be
part of a wider risk or multi-hazard management system (e.g. earthquake,
landslides, fire, tsunami, etc.);
b) Integrate climate change and disaster risk reduction and management in
policies and plans;
©) Prepare master plans of flood management and drainage in river basins in
coordination with the concerned water resources region and river basin
organizations;
) Prepare master plans of urban drainage in cities/municipalities;
) Prepare feasibility studies of recommended measures in the master plans;
f) Plan and design structural measures for flood control and drainage;
g) Implement and/or collaborate with concerned agencies on the non-
structural measures;
fh) Patrol and investigate rivers including the monitoring of stream flows;
i) Conduct post-disaster investigation and evaluation and damage assessment
of flood infrastructures after extreme events;
j) Conduct research development on water and sediment-related disasters;
k) Develop design guidelines, criteria and standards on flood control and
drainage structures;
|) Provide technical assistance to other agencies, LGUs and other
stakeholders;
m) — Advise the Secretary on declaring flood control areas and recommend
guidelines for flood plain management plans in these areas; and
n) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by law.
SECTION 26. Bureau of Water Quality Management. —The Bureau of Water
Quality Management is hereby created to supervise and control over all aspects of
water quality management to ensure the sustainability of the country’s water
resources and the protection of the environment. It should consider proper and

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integrated treatment of freshwater and wastewater within the whole process. For

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2 this purpose, it shall have the following duties and responsibilities:
3 a) Establish water quality guidelines for freshwater and coastal/marine waters
4 as basis for classifying water bodies in the country, Specifically, develop
5 water quality indeces or composite metrics to measure the quality status
6 and health of natural water bodies in relation to ecological integrity and
7 function.
8 b) Establish effluent standards for point sources of pollution;
9 c) Establish internationally accepted procedures for sampling and analysis;
10 ) Prepare an integrated water quality management framework;
WW ) Prepare 10-year water quality management plans for each water quality
12 management area as part of the River Basin Master Plans and in support of
13 the National Water Resources Management Master Plan;
14 f) Classify groundwater sources and prepare a national groundwater
15 vulnerability map;
16 4g) Classifying or reclassifying all water bodies according to their beneficial
17 usages using the established water quality guidelines established;
18 h) Issue permits, clearances and similar instruments pursuant to the Clean
19 Water Act of 2004;
20 i) Collect the wastewater discharge (EUF) fees for all permittees;
21 j) Monitor the compliance of water discharge permittees with the effluent
2 standards;
23 k) Regularly monitor the water quality of major water bodies in the country
24 and analyze the data to identify possible sources of pollution;
25 1) Issue notices of violations and/or cease and desist orders for those found
26 in violation;
27 m) File the needed cases against violators with the Pollution Adjudication
28 Board;
29 n) Serve as secretariat of the PAB; and
30 0) Perform such other related duties and responsibilities as may be assigned
31 or delegated by the Secretary or as may be required by law.

32 SECTION 27. Water Resources Regional Offices. — The Water Resources
33. Regional Offices, organized per water resources region shall be responsible for
34 _ implementing the mandates, powers and duties of the Department at the field level,
35 except for policymaking which will be vested solely with the Central Office. The
36 master planning for the nearby river basins (e.g. Pasig-Marikina-Laguna Lake-Cavite)
37 will likewise be the responsibility of the Central Office. For this purpose, the duties
38 and responsibilities of the WRRO shall be as follows:

39 a) Formulate or update and coordinate the river basin master plans for river
40 basins within its jurisdictions ensuring consistency with the National Water
41 Resources Management Master Plan;

2 b) Advocate and strongly support the creation and functioning of multi-
4B stakeholder River Basin Organizations (RBOs) and serve as the secretariat
44 of the said RBOs;

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c) Undertake and evaluate the planning, design, and work supervision
functions of the Department for the water infrastructures within the region;

d)Ensure the implementation of laws, policies, programs, rules and
regulations regarding the abovementioned infrastructure as well as public
and private physical structures;

e) Provide technical assistance related to the water-related functions of other
agencies within the region especially the local government;

f) Coordinate with other departments, agencies, institutions and
organizations, especially local government units within the region in the
planning and implementation of the river basin master plans;

g) Conduct continuing consultations with the local communities, take
appropriate measures to make the services of the Department responsive
to the Central Office and recommend such appropriate actions as may be
necessary; and

h) Perform such other related duties and responsibilities as may be assigned
or delegated by the Secretary or as may be required by law.

The Department shall retain and have such Project Management Offices as may be
required, which shall be under the supervision and control of the appropriate Water
Resources Regional Office Director, unless otherwise determined by the Secretary
for reasons of supra-regional scope, magnitude and multi-functional coverage.

SECTION 28. Water Resources Regional Director. — The Water Resources
Regional Offices shall be headed by a Water Resources Regional Director who shall
be responsible for efficiently and effectively carrying out the duties and
responsibilities of the Office. Towards this end, the Water Resources Regional
Director shall, within his/her defined powers exercise functional and administrative
supervision over all units within the region including the authority to commit their
resources and personnel to integrated regional water resources management, water
supply and sanitation management, and flood control and flood risk management
initiatives. The Water Resources Regional Director 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 Water Resources Regional Director shall be assisted by two (2) Assistant Water
Resources Regional Office Directors who shall exercise supervision respectively over
(1) the planning, project design and evaluation function and (2) technical assistance
to River Basin Organizations within the water resources region.

CHAPTER 3 — TRANSITORY PROVISIONS
SECTION 29. Interface with Other Agencies.

a) The Department of Health (DOH) shall continue to have primary authority
and responsibility for setting and enforcing drinking water quality
standards. The Department shall coordinate with DOH in this regard and
shall ensure consistency of standards and targets which I will set for
compliance of permittees with the DOH's mandated standards;

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b) The Department of Environment and Natural Resources (DENR) shall
continue to have primary authority and responsibility for protecting the
environment and managing the country’s watersheds;

) The Department of Energy and the National Power Corporation (NPC) shall
continue to have primary authority and responsi for setting up and
running hydropower plants but will ensure that any hydropower plant
development plans are consistent with the National Water Development
and Management Plan;

d) The Department shall coordinate with the Department of Agriculture to
ensure agricultural development that reduces sources of long-term
pollution for surface water and groundwater, and agricultural and industrial
economic development that employs water efficiency, water
recycling/reuse and the appropriate treatment of wastewater;

e) The Department shall coordinate with the National Disaster Risk Reduction
Management Council (NDRRMC) to ensure that its plans and designs for
flood control, flood risk management and drought risk management are
aligned with the objectives and plans of the said Department; and

f) The Department shall coordinate with relevant government agencies,
including Local Government Units (LGUs) for development projects and to
ensure cross-cutting collaboration between and among all water subsectors
and facilitate inter-agency subsector coordination, strategic development,
planning, monitoring and provision of technical, institutional and financial
capacity building support to their different stakeholders at the water
subsector level.

SECTION 30. Transfer of Rights and Obligations.

The Department shall, by virtue of this Act, be surrogated to all the rights and
assume all the obligations of the government agencies and units whose powers and
functions have been absorbed, transferred or attached to the Department provided
these are in accordance with the rules and regulations of the Commission on Audit.
The transfer of powers and functions as herein provided shall take effect within 6
months of the effectivity of this Act. As such as, all affected agencies/offices/units
shall continue to function under their present mandates until the transition is fully in
effect.

SECTION 31. Funding.

The sum of Two Billion pesos (P2,000,000,000.00) shall be set aside from available
funds of the National Treasury, and is hereby appropriated and released for the
organization of the Department and its initial operations. Thereafter, the Department
shall submit its annual budget to fully carry out its powers and functions and achieve
its objectives to the Office of the President, for approval, provided it shall not be less
than the amount provided for in its initial implementation.

SECTION 32. Repealing Clause. — All \aws, orders, rules and regulations, or
portions thereof, inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION 33. Separability Clause. —If any provision of this Act or the application
of such provision to any person or circumstances be declared unconstitutional, the

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wauewne

remainder of this Act or the application of such provision to other person or
circumstances shall not be affected by such declaration.

SECTION 34. Effectivity. — This Act shall take effect fifteen (15) days from the
date of its publication in the Official Gazette or in two (2) newspapers of general
circulation.

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