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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

us

NO,

EIGHTEENTH CONGRESS
First Regular Session

4329

House Bill No.

Introduced by: REPRESENTATIVE ERIC L. OLIVAREZ |

EXPLANATORY NOTE

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 second to the
lowest in terms of the annual renewable water resources per
capita.

Climate change hazards (e.g. rainfall variability, increasing
temperatures, rising sea level and more extreme weather) which
pose major risks to water resources and the growing population
will further aggravate this situation, PAGASA’s downscaled
climate projections have shown that the country’s water
resources will be 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
demand of a growing population and continuing economic
development amidst many competing users.

The outcome document of the Rio +20 Earth Summit entitled
“The Future That We Want” emphasized just how important
water is by stating that “Water is at the Core of Sustainable
Development”. It is acknowledged that there can be no
development without water; there can be no life without water.
Or to put it more succinctly, water is life!


Access to safe and potable drinking water as a basic right was
recognized by the United Nations as one of its Millennium
Development Goals (MDGs) in July 28, 2010. One hundred
twenty two (122) countries formally acknowledged this right to
water in a UN General Assembly. Barely two months later, the
ITN Human Rights Council adopted a binding resolution
recognizing that the human right to water and sanitation is part
of the right to adequate standard of living.

Yet, 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, 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 the GDP in 2005 with health impacts accounting
for 72% at US$1B. Episodes of red tides and fish kills in different
parts of the country highlight the extent of the losses of livelihood
of our fisherfolks from polluted waters. And 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 master plans to
address the fragmented structure and 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.


It is thus proposed that a Department of Water Resources be
created to ensure that Filipinos benefit from this fundamental
human right and that this finite resource will be sustained. The
immediate approval of this bill is earnestly sought.

ow COIN,

ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4329
House Bill No.

Introduced by: REPRESENTATIVEERIC L. OLIVAREZ

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 (or the Act Creating the
Department of Water).

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 (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.

c) 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 (e.g. 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 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.

e) “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 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.

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


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.

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 Ill (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

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

j

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.

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

Pp) Sewage refers to water-carried waste in solution or
suspension including sanitary waste (i.e. 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.

t) 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.

uJ

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) 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.

Chapter II, ORGANIZATION

SECTION 4. The Department of Water Resources (or the
Department of Water). - 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, storm water/ urban drainage. The Department


shall be guided by the integrated water resources management
(IWRM) framework, take climate risks into account, and ensure
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-offs, floods, storm water 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, 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 storm water/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;

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;


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;

c) Formulate and develop policies to promote universal 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;

¢) 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 Plan 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;

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;

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;

i

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;

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;


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;

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;

Ill. 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;

c) 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;

g) 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;

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

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.

SECTION 8. Secretary of the Department of Water Resources
(or Department of Water). ~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;

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


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

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

f) 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) year 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 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

c) Perform such other duties and responsibilities as may be
assigned or delegated by the Secretary to promote efficiency
and effectiveness in the delivery of public services or as may

be required by law.

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) year experience in the administration of
water, sanitation, irrigation, flood control and storm water
drainage, preferably in a public agency or with legal, financial or
financial knowledge of such programs; provided that only five (5)
year 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 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 of five (5) years experience in the administration of


water, sanitation, irrigation, flood control and storm water
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.

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, and 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


iii.

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:

a) plan, design, construct, and/or improve all types of
irrigation projects and appurtenant structures;

b) operate, maintain, and administer all national
irrigation systems (NIS);

o)

supervise the operation, maintenance, and repair, or
otherwise;

d) 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;

e)

f) 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;

g) 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


iv.

vi.

vii.

h) 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.

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 the 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.

The Pasig River Rehabilitation Commission which was
created by Executive Order No. 54, series of 1999, as
amended, 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.

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

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:

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;

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.

SECTION 14. Functions to be transferred to the Department.
a) The function of the Mines and Geosciences Bureau (MGB) 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 (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;

8) 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 storm water/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, and 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;

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.

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

b)

¢)

)

d)

information to aid in policy and management decisions
under the mandate of the Department;

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;

Develop and continuously update water resource
management, computerized decision support system (DSS)
that incorporates data management system (i.e. acquisition
and database), model base (i.e. physical, design, planning
and decision models), and user-friendly interface (i.e.
graphical and visualization tools). This DSS is composed
but not limited to 1) a measurement or data acquisition
system; 2) information or database management system; 3)
analytical and numerical models for design/planning and
decision/evaluation purposes; and 4) 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: 1) long-term
climatologic and weather forecasting model; 2) watershed
models and river-floodplain models; 3) groundwater models
and coupled to surface water models; 4) flood forecasting
model for major rivers; 5) optimization-simulation and/or
management models for watershed conservation,
conjunctive surface and groundwater use, irrigation
scheduling, normal, and emergency operations of
multipurpose reservoirs; and 6) water quality and ecological
models,


f) Develop and manage the 1) 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;
2) developand 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;
3) develop and manage the Department's ICT infrastructure
and provide ICT related- servicestothe Department
including computer networking and voice communications
services and data exchange; 4) manage the literacy and
training services of the Department on various ICTs,
KM tools and applications including information and
knowledge management.

8) 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
maintenance, medical and dental, security and property and
procurement services, For such purposes, it shall have the
following functions:

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

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

c) 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;

¢) Secure and maintain necessary Department facilities, and
develop, establish and maintain an efficient and effective
security system covering, among others, personnel, physical
installations, equipment, and 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 efficient 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

i) 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 counseling 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 ey
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;

€) 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;

8) 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;

c) 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, and 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

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 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;


c) 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;

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

¢) Perform such other related duties and responsibilities as
may be assigned or delegated by the Secretary or as may be
required by 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 creaniidl bt
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;

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

¢) 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;

8) Coordinate the conduct of interviews and news conferences;
h) Act as spokesperson for the Department;

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

j) Coordinate with the 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.

¢) 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 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 pof
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. 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:

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 should 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;

d) Prepare master plans of urban drainage in
cities/ municipalities;

e) 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;

h) 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;

j

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

1) 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; an

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 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:

a) 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.

b) Establish effluent standards for point sources of pollution;


c) Establish internationally accepted procedures for sampling
and analysis;

d) Prepare an integrated water quality management
framework;

e) Prepare 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; |

f) Classify groundwater sources and prepare a_ national
groundwater vulnerability map;

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

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

i) Collect the wastewater discharge (EUF) fees for all
permittees;

j) Monitor the compliance of water discharge permittees with
the effluent standards;

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

1) Issue notices of violations and/or cease and desist orders
for those found in violation;

m)File the needed cases against violators with the Pollution
Adjudication Board;

n) Serve as secretariat of the PAB; and

0) Perform such other related duties and responsibilities as

may be assigned or delegated by the Secretary or as may be
required by law.

SECTION 27. Water Resources Regional Offices The Water
Resources 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 will be vested solely with the Central Office. The
master planning for the nearby river basins (e.g. Pasig-Marikina-
Laguna Lake-Cavite) will likewise be the responsibility of the
Central Office. For this purpose, the duties and responsibilities of
the WRRO 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;

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 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
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;

¢) 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, and 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 six (6) months of the


effectivity of this Act. As such, all affected agencies, offices, or
units shall continue to function under their present mentee
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 authorized to be 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 laws, orders, rules, and
regulations, or portions thereof, inconsistent with this Act are
hereby repealed or modified accordingly.

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

Approved.