Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No4026

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

This proposed measure seeks to establish the Department of Water Resources. It seeks
to establish a body that shall ensure safe, adequate, affordable and sustainable water supply
and improved sanitation services for all Filipinos and that this finite resource will be sustained.

Every time the dry months come which is anywhere from March to May and sometimes
even extends up to early June, the Philippines suffers from the serious effects of lack of water
that results to the inconvenience of the general public and the devastation of crops in farming
regions. The mere fact that the country goes through this debacle every year is a testament to
our inaction regarding this problem.

‘A 2015 World Resources Institute study warned that the Philippines will likely
experience a "severe water shortage" in the year 2040. This is not surprising given the fact that
in the World Bank’s 2003 Philippine Environment Monitor, it was already reported that as of
year 2000, compared to other countries in Southeast Asia, the Philippines already ranked 2nd
to the lowest in terms of annual renewable water resources per capita.

Climate change hazards (rainfall variability, increasing temperatures, rising sea levels
and more extreme weather) which pose major risks to water resources and a growing
population will further aggravate this situation. There is no doubt that the country’s water
resources are one of the most adversely affected by climate hazards. This highlights the urgent
need to properly plan for, and manage our finite water resources in order to meet the increasing
demands of many competing users.

‘The outcome document of the Rio +20 Earth Summit, entitled “The Future that We
Want,” emphasized the importance of water to our future. According to this document, “water
is at the core of sustainable development.”

‘The United Nations has prescribed that one of the ways to achieve the Millennium.
Development Goal of ensuring environmental sustainability is to halve, by 2015, the proportion
of the population without sustainable access to safe drinking water and basic sanitation.
However, in the Philippines, as of 2015, more than 12 million people still get water from unsafe
sources. More than four million people do not have access to sanitary toilets and thus, defecate
openly. An additional two million are limited to unimproved sanitation facilities.

As pointed out by the Philippine Water Supply and Sanitation Master Plan (PWSSMP),
it is imperative that these present problems are addressed considering the adverse impacts that
unsafe water supply and polluted waters have on people’s health, and the economy.


Based on the 5-year data from the National Epidemiology Center of the Department of
Health, thirty-one percent (31%) of illnesses was water related.' It has been estimated that the
economic impacts of poor sanitation to be in the order of US$ 1.4 Billion, equivalent to about
1.5% of gross domestic product (GDP) in 2005 with health impacts accounting for seventy-
two percent (72%) at one billion dollars. Episodes of red tide and fish kills in different parts of
the country highlight the extent of the losses of livelihood of our fisherfolks from polluted
waters. The recent closure of Boracay due to severely polluted waters (mainly coming from
sewage) also highlights the adverse impacts of dirty waters on the tourism industry, which is a
major contributor to economic growth.

Unfortunately, the management of the country’s water resources remains fragmented
and uncoordinated with over 30 government units and agencies at national and local levels
implementing separate and disharmonized policies, plans and programs to develop and operate
water facilities and infrastructure for various uses, regulate water use and set tariffs, and
monitor water-related parameters. This continued overlapping and fragmented management
‘and regulation of water resources and services hinders the enactment and implementation of a
comprehensive, integrated and doable long-term solution to address keener competition,
imbalance resource utilization and conflict of interests among water users, especially in areas
already identified as water-stressed. It puts at risk the attainment of the SDG target of universal
access to safe water supply and improved sanitation by 2030.

There is an urgent need for an integrated and coordinated planning and implementation
of programs and projects that promote synchronized, sustainable and_ science-based
management of the country’s water resources that would address the imbalance in water
resource utilization, reduced water availability, declining water quality, recurrent flooding, and
other water-related issues in many parts of the country. This cannot be achieved without
addressing the fundamental governance and institutional issues of the sector.

Consistent with the various studies, plans, and initiatives conducted in the past two (2)
decades which have supported the need for the establishment of a strong apex body for the
water resources sector, the Philippine Development Plan (2017-2022) identified as a primary
strategy for the water supply, sewerage and sanitation sub-sector the creation of an apex body
for water resources management and the formulation of masterplans to address the fragmented
structure and that foster coordinated efforts across the country. This actually holds true for the
entire water sector.

‘An apex body for the water sector is critically needed in order to have a single entity
that will be in charge of the overall planning, programming, policy formulation, and
management for the sector. It will serve as the sector’s champion and ensure that subsector
policies and plans are aligned with the overall Sector Master Plan. It will coordinate, monitor
and evaluate sector performance and take appropriate action as needed. It will conduct
extensive and regular hydrological studies/analyses which are very vital for water planning and
allocation purposes.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

ROZ; ole B. ue

Representative
Lone District, Muntinlupa City

* excluding Timor Leste and Brunei who were not included in the study


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. $026

Introduced by HON. ROZZANO RUFINO B. BIAZON

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.”

SEC. 2. Declaration of 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.”

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

a) Department refers to the Department of Water Resources (or Department of
Water).

b) Flood 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, hyper-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 the 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 warning, and, finally
response and recovery. The elements of FRM include: integrating land-use planning, coastal
zone management into water management; adopting a holistic approach so that FRM is part
of wider risk or multi-hazard management; managing risk and uncertainty as a whole so it is


not only hydrological uncertainties but also social, economic and political uncertainties in
view of the human behavior and cultural dimensions of FRM.

d) 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) JWRM refers to the Integrated Water Resource Management or to a systematic,
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.

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

i, Level I (point source) — a protected well or a developed spring 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.

ii, Level Il (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
urban fringe areas where houses are clustered densely to ju
system.

iii, 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) NDRRMC refers to the National Disaster Risk Reduction Management Council.

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

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

1) 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.

n) SDG refers to the United Nation's sustainable development goals.

©) 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 sewerage system for treatment or disposal. For
purpose of this Act, the definition of septage shall be included in the use of sewage.

q) 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.

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

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

1) 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: (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 (5) 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 comprising Levels I, II and III water
supply including bulk suppliers, suppliers to subdivisions and other water service providers.

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Chapter I
ORGANIZATION

SEC. 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.

SEC. 5. Mandate of the Department. — The Department shall be the primary agency
responsible for the comprehensive and integrated development and management of water
resources in the country. It shall exercise such powers and functions needed to review, revise,
harmonize and integrate policies and regulations for the conservation of water resources and
the effective management of water supply. The Department shall be guided by the integrated
‘water resources management (IWRM) framework, take climate risks into account, and ensure
the sustainability of 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-off, floods, stormwater and urban drainage, and treated wastewater to meet
various needs.

SEC. 6. Objectives of the Department. ~ The Department shall have the following
objectives:

a) To prioritize and seek the immediate attainment of 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, including but not limited to, domestic and
municipal use, agriculture, power generation, commercial, and industrial use;

c) To ensure that integrated water resources management is strongly coordinated
with land use, 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 dissemination and education around
best practices in the international community 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:

2) 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 the 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 or 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.

SEC. 7. Powers and Duties of the Department. ~ The Department shall have the
following powers and duties:

1. Policy-making and Planning

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

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 access to safe, adequate, affordable,
and sustainable water supply, and improved sanitation services for all Filipinos;

d) 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 [WRM framework and building on the
1998 Master Plan Study on Water Resources Management, the Philippine Water Supply and
Sanitation Master Plan and existing plans of other agencies;

£) Conduct continuing hydrologic surveys and studies of the country’s renewable
water supply, establish, operate and maintain observation station networks with a view

5


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;

g) 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 Resource Management Master Plan and
overall national plans and program;

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;

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 inter-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; and

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 quality,
conservation of watershed, control 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;

©) 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:
and

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.

Il. Administration and Management

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 facilities installed and determining compliance with 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; and

2) 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; and

d) 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).

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.

SEC. 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 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;

d) Exercise supervision and control over all bureaus and offices under the
Department;

€) Supervise all attached agencies and corporations in accordance with law:
£) Represent the Department in contracts, awards, and the like;

g) 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 experience of ten (10) years in the administration
of water, sanitation, irrigation, flood control and drainage programs preferably in a public
agency.

SEC. 9. 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.

No person shall be appointed Undersecretary unless he possesses a working
knowledge of public administration and has a minimum experience of seven (7) years in the
administration of water, sanitation, irrigation, flood control and stormwater drainage,
preferably in a public agency or with legal, financial or financial knowledge of such
programs.

SEC. 10. Assistant Secretaries. — The Secretary shall be assisted by six (6) Assistant
Secretaries who shall be 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 the Regulatory Service; one for the
Comptrollership and Financial Management Service; one for the Legal and Legislative
Service; and one for the 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 experience of five (5) years in the
administration of water, sanitation, irrigation, flood control and stormwater drainage or other
water resources management programs.

SEC. 11. Organizational Structure. ~ The Department shall be composed of the
following organizational units:

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

1. 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
Jand use plans;

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

f) Formulate or update existing River Basin Master (or comprehensive) 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;

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;

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

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

n) 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;

10


0) 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.

2. 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;

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;

¢) 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-floodplain 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

aa


8)

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; and

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

3. 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 maintenance, medical and

dental,

security and property and procurement services. For such purposes, it shall

have the following functions:

a)

b)

d)

8)
hy

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

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;

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;

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;

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

Develop, establish and maintain an efficient records system;
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

12


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

4. 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;

c) 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;

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

g) 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.

5. 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:

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a)

b)

°)

4)

e)

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, Bureaus and Regional
Offices;

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;

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

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

6. Resource Regulation Service. ~The Resource Regulatory Service is hereby created to
provide the Department with services on resource regulation of all water-related
services and activities. For such purposes, it shall have the following functions:

a)
b)

°)

d)

Advise the Secretary on all matters relating to resource regulations;

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;
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;

Adjudicate water use conflicts; and,

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

7. 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:

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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;

c) 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 by law.

8. 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
funetions:

a. Public Awareness
i. Advise the Secretary on matters pertaining to public affairs services;
ii, Develop and supervise the implementation of communications
programs to have relevant policies, programs and plans of the
Department understood by the public:
iii, Produce and supervise the dissemination of communication materials
in line with the priorities of the Department and the national

government public information programs;

iv. Conduct public opinion and attitude surveys to identify the interests
and concerns of key groups served by the Department:

v. Establish editorial policies on print and broadcast media;

vi. Establish and maintain linkages with the tri-media and presence in
social media;

vii. Coordinate the conduct of interviews and news conferences;

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viii. Act as spokesperson for the Department;

ix. Coordinate with various Department units, concerned government
agencies, tri-media and other stakeholders on matters related to the
above-enumerated functions:

x. Coordinate with the appropriate national government agencies tasked
with public information affairs:

b. Promoting Participation
i. Conduct public consultations and discussions;
ii, Develop and disseminate relevant and appropriate materials and
programs for public information and education, as well as advocacy
campaign;

iii. Conduct seminars and workshops involving the LGUs and the general
public on current water issues and problems; and

iv. 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

i, Coordinate the organization and promotion of special events and water
exhibits;

ii. Act as the focal point for all water related events and

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

9. Pollution Adjudication Board. ~ There is hereby created a 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 p 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.

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B. The Attached Agencies, namely:

1. 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 supplics, 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)

2. 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.

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

i, Plan, design, construct, and/or improve all types of irrigation projects and
appurtenant structures;

ii. Operate, maintain, and administer all national irrigation systems (NIS);
iii, Supervise the operation, maintenance, and repair, or otherwise, administer;

iv. Temporarily all communal and pump irrigation systems constructed,
improved, and/or repaired wholly or partially with government funds:

v. Delegate the partial or full management of NIS to duly organized
cooperatives or associations:

vi. 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;

17


vii. 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 consistent with government policy:
and

viii. 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.

4. 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
the DENR and attached to the Department. It will continue to serve as the lake
management and development authority similar to a multi-stakeholder river basin
organization and shall ensure the implementation of the Laguna Lake Master Plan
which shall be updated by the Department to ensure alignment with the National
Master Plan for Water Management. Its regulatory powers shall be transferred to
the Department.

5. 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.

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

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

SEC. 12. 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:

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;

18


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;

c) 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.
SEC. 13. Functions to be Transferred to the Department.

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

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

SEC. 14. Bureaus. ~ A Bureau of Flood Control and Drainage and Bureau of Water
Quality Management shall be established under the Department. 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.

a. Bureau 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:

1. 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
should be part of a wider risk or multi-hazard management system (e.g., earthquake,
landslides, fire, tsunami, etc.);

2. Integrate climate change and disaster risk reduction and management in policies and

plans;

3. Prepare master plans of flood management and drainage in river basins in
coordination with the concerned water resources region and river basin organizations;


10.

iM.

12.

13.

14.

Prepare master plans of urban drainage in cities/municipalities:
Prepare feasibility studies of recommended measures in the master plans;

Plan and design structural measures for flood control and drainage;

Implement and/or collaborate with concemed agencies on the non-structural
measures;

Patrol and investigate rivers including the monitoring of stream flows:

Conduct post-disaster investigation and evaluation and damage assessment of flood
infrastructures after extreme events;

Conduct research and development on water and sediment-related disasters;

Develop design guidelines, criteria and standards on flood control and drainage
structures;

Provide technical assistance to other agencies, LGUs and other stakeholders;

Advise the Secretary on declaring flood control areas and recommend guidelines for
flood plain management plans in these areas; 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. 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 take into account proper and integrated treatment of freshwater
and wastewater within the whole process. For this purpose, it shall have the following duties
and responsibilities:

1

Establish water quality guidelines for freshwater and coastal/marine waters as basis
for classifying water bodies in the country. Specifically, develop water quality
indices or composite metrics to measure of the quality status and health of natural
water bodies in relation to ecological integrity and function:

Establish effluent standards for point sources of pollution;

Establish internationally accepted procedures for sampling and analysis;

20


4. Prepare an integrated water quality management framework;

5. Prepare ten (10)-year water quality management plans for each water quality
management area as part of the River Basin Master Plans and in support of the
National Water Resources Management Master Plan;

6. Classify groundwater sources and prepare a national groundwater vulnerability map;

7. Classify or reclassify all water bodies according to their beneficial usages using the
established water quality guidelines established;

8. Issue permits, clearances and similar instruments pursuant to the Clean Water Act of
2004;

9. Collect the wastewater discharge (EUF) fees for all permittees;
10. Monitor the compliance of water discharge permittees with the effluent standards;

11. Regularly monitor the water quality of major water bodies in the country and analyze
the data to identify possible sources of pollution;

12. Issue notices of violations and/or cease and desist orders for those found in violation;
13. File the needed cases against violators with the Pollution Adjudication Board;
14, Serve as secretariat of the PAB; and

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

SEC. 15. Regional Offices. ~ Regional Offices, organized per water resources region,
shall be responsible for implementing the mandates, powers and duties of the Department at
the field level, except for policy-making which shall be vested solely to the Central Office.
The master planning for river basins in or near Metro Manila shall be the responsibility of the
Central Office. For this purpose, the duties and responsibilities of the Regional Offices shall
be as follows:

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

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

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

21


d) 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 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 may establish such Project Management Offices (PMOs) as may be
necessary to fulfill its mandate. Such PMOs 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.

SEC. 16. Regional Director. ~ The Regional Offices shall be headed by a Regional
Director who shall 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 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 Regional Director shall be assisted by two (2) Assistant Regional 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

SEC. 17. Interface with Other Agencies.

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 the DOH in this regard and shall ensure consistency of standards and
targets which it will set for compliance of permittees with the DOH’s mandated standards;

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;

c) The Department of Energy and the National Power Corporation (NPC) shall
continue to have primary authority and responsibility for setting up and running hydropower

22


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.

SEC. 18. 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 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 six (6) months from the effectivity of this Act. All affected
agencies/offices/units shall continue to function under their present mandates until the
transition is fully in effect.

SEC. 19. Funding. ~ The sum of Two Billion Pesos (PhP2,000,000,000.00) shall be
set aside from 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, the Department’s annual budgetary requirements shall form part of the General
Appropriations Act.

SEC. 20 Separability Clause. — If any provision of this Act shall be deemed
unconstitutional or invalid, the other provisions not affected thereby shall remain in force and
effect.

SEC. 21. Repealing Clause. ~ All Acts, Presidential Decrees, Executive Orders and
Administrative Orders, Rules and Regulations and other such issuances or parts thereof
which are inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SEC. 22. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

23