Republic of  .¢ Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

4112

House Bill No.

Introduced by HON. HENRY R. VILLARICA
4TH DISTRICT, BULACAN

EXPLANATORY NOTE

Flash floods and other water-related disasters, aggravated by extreme weather events
attributed to climate change must be effectively addressed by the State. This will save lives,
mitigate damage to property and improve the quality of life of many Filipinos.

Presently, however, while work on water-related programs are being handled by
more than 30 government agencies and departments, notably:

1.) _ the National Economic and Development Authority (NEDA) which serves as the
country’s premier social and economic development planning and coordinating body;

2.) the National Water Resources Board (NWRB) which is the national apex body for
water resource management and development;

3.) the Department of Environment and Natural Resources (DENR) which is responsible
for the conversion, management, development and proper use of the country's environment
and natural resources;

4.) the River Basin Control Office (RBCO) under the umbrella of the DENR which is
tasked to manage and develop the country's priority basins; and

5.) _ the Department of Public Works and Highways (DPWH) mandated to undertake the
design, construction and maintenance of primary flood control systems;

the risks and damage wrought by the recent typhoons that devastated the length and breadth
of the Philippine archipelago were not minimized.

This proposed bill seeks to establish an institutional framework that will address
issues on water resources development and consolidate conflicting approach in water
management. This will establish a comprehensive river administration system for flood
control, water use and environmental conservation.

‘This bill was filed during the 16" and 17" Congresses but was not taken up due to
time constraints. It is re-filed for the consideration of the 18" Congress.

‘Support for the enactment of this measure is earnestly requested.

REP. HENRY RNVILLARICA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

4112
House Bill No.

Introduced by HON. HENRY R. VILLARICA
4TH DISTRICT, BULACAN

AN ACT ADOPTING THE INTEGRATED RIVER BASIN MANAGEMENT APPROACH AS A
COMPREHENSIVE FRAMEWORK IN DEVELOPING AND MANAGING THE COUNTRY'S
RIVER BASIN SYSTEMS AND FOR OTHER PURPOSES

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

CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Philippine River Basin System
Administration Act of 2013”.

SEC. 2. Declaration of Policy. - It is the policy of the State to protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Pursuant thereto, and since all rivers and river systems are subject to the full protection of the State,
there is a need for their proper administration, conservation and utilization so as to prevent damage
due to hazards that are worsened by climate change and keep the normal functions of the river water
by maintaining and conserving the fluvial environment.

SEC. 3. Definition of Terms. - As used in this Act, the following words or terms shall mean:

(a) “Class A Rivers” - river basins which are deemed important in terms of land conservation
and/or national economy as designated by the National River Councils;

(b) “Class B Rivers” - one designated by the provincial governor concerned, which belongs
to such a water system other than those designated by the National River Councils;

(©) “Disaster Risk Reduction” - the concept and practice of reducing risks through
systemic efforts to analyze and manage the causal factors of disasters, including through
reduced exposures to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and the improved preparedness for adverse events;


(d) “Food fighting organizations” - the local disaster risk reduction and management offices
established by virtue of Republic Act No. 10121, otherwise known as the Philippine
Disaster Risk Reduction and Management Act of 2010;

(©) “Flood fighting activities” - small scale measures designed to minimize, if not prevent
flooding damage;

( “NDRRMC” - the National Disaster Risk Reduction and Management Council
established by virtue of Republic Act No. 10121;

(g) “River”- Class A of Class B rivers and includes the river administration facilities. This
includes not only natural streams and water bodies such as rivers, lakes, and marshes, but
also such artificial streams (i.e., floodway) that have been constructed to serve a purpose for
the general public, excluding artificial streams and water areas provided for a specified
water use, such as channels for agriculture or power generation, sewer, irrigation ponds, etc.

(b)"River administration facility” - a dam, weir, sluice, levee, revetment, ground sill or
fluvial woods, which have the function of increasing or maintaining public benefits from
water of a river or of eliminating or decreasing public loses which may be caused by the
water of a river;

(i) “River administrators” - persons who administer rivers;

(i) “River works” - works executed on a river in order to increase the public benefits or
eliminate or diminish public loses caused by the water of the river, including earth works
(banking, excavation), construction and repairs of structural facilities such as levee, dam
weir, and others, countermeasures for storm surge, improvement of river environment,
among others.

CHAPTER 2
CLASSIFICATION OF THE RIVER ZONE

SEC. 4. River Zone. - The river zone shall refer to the area where the land or river water use
shall be regulated. It shall include:

(a) The area of the land where the water of a river flows continuously and of the land where
the topography, conditions of growth of vegetation and other conditions of growth of
vegetation and other conditions are similar to the conditions of the land where the water
flows continuously;

(b) The area of the land which is a site of a river administration facility; and

(©) The land on the riverside designated by the river administrator as necessary in order
to perform river administration works in the area, as under Section 4 (a).

SEC. 5. River Conservation Zone. - When the river adminis
conservation of the river bank or the river administration faci
adjacent to the river zone as a river conservation zone.

trator deems it necessary for the
s, he may designate an area


SEC. 6. Projected River Zone. - \n case the river administrator deems it necessary for the
‘execution of river works, he can designate as a projected river zone a stretch of land which is to
have a lane included in the river zone by execution of the river works.

CHAPTER 3
ADMINISTRATION OF RIVERS

SEC. 7. Administration of Class A Rivers. - The Secretary of the Department of Public
Works and Highways (DPWH) shall administer Class A Rivers, as follows to wit:

(a) Direct Management Segment — Segments of Class A River with a particular high level of
importance shall be managed by the Secretary of the DPWH;

(b) Designated Segment — Segments of Class A Rivers not part of Sec. 7 (a) are referred to
as “Provincial Administration Section”, which the Secretary may entrust part of its
administration with the provincial governor that has jurisdiction of the river basin system
where the “Provincial Administration Section” is located.

SEC. 8. Administration of Class B Rivers. - The Administration of a Class B River shall be
performed by the governor of the province where the river concerned is located.

SEC. 9. Administration of Class B Rivers on the Provincial Boundaries. - With regard to the
part of a Class B River forming or crossing the boundary between two or more provinces, the
provincial governors concerned shall fix a special system of administration.

CHAPTER 4
CREATION OF THE NATIONAL RIVER COUNCIL

SEC. 10. The National River Council. - To serve as advisory council for the river
administrators, there shall be created the National River Council, hereinafter referred to as the
Council, which will be tasked to provide strategic proposals on resource management of the
country's rivers. It shall be composed of the Secretary of the Department of Public Works and
Highways (DPWH) as Chairman, and the head of the National Water Resources Board (NWRB) as

Vice Chairman and shall have the following as members:
(a) One (1) representative from the National Economic and Development Authority (NEDA)

(b) One (1) representative from the Department of Environment and Natural Resources
(DENR);

(c) One (1) representative from the Department of Science and Technology (DOST);
(d) One (1) representative from the Department of Agriculture (DA);
(©) One (1) representative from the Department of Energy (DOE);

(f) One (1) representative from the National Hydrology Research Center (NHRC) of the
University of the Philippines (UP);


(g) One (1) representative from the National Water Resources Board (NWRB);
(h) One (1) representative from the National Institute for Geological Sciences (NIGS) of UP;

(i) One (1) representative from the Philippine Atmospheric Geophysical and Astronomical
Services Administration (PAGASA);

j) One (1) representative from the NDRRMC; and
(k) One (1) representative from the Climate Change Commission.

‘The Secretary of the DPWH shall appoint additional two (2) members from the private
sector who are experts on rivers, two (2) representatives from the private industrial, irrigation,
hydro power users, and two (2) non-government organizations (NGOs) in the field of water
resource management and conservation.

SEC. 11. Powers and Functions of the Council. - The Council, shall have the following
powers and functions:

(a) Develop a National River Plan which shall provide river administrators strategic
proposals on effective river and river water management based on changing needs and
priorities of the country. ‘The plan will be based on inputs collected from opinions of water
use experts, water users, and other stakeholders. This plan shall serve as the principal guide
in the formulation of river administration and improvement plans throughout the country and
shall be reviewed on a S-year interval, or as may be deemed necessary, to ensure its
relevance;

(b) Designate river water systems, on the basis of their importance to environmental
conservation and/or to the national economy, as Class A Rivers;

(©) __ Ensure the competence of river administrators in the discharge of their duties by
with institutional and technical support and monitor their compliance with
ition and improvement plans;

(@) If the river administrator fails to discharge his duties the Council may designate the
Secretary of the DPWH as river administrator until such time that a competent river
administrator shall have taken his place;

(©) Upon the request of the Secretary of the DPWH, the Council shall conduct deliberations
on matters which are important in achieving effective river administration in the country.

SEC. 12. Provincial River Councils. - There shall be created Provincial River Councils
‘empowered to coordinate, supervise, and monitor the river administration activities of the Class B
Rivers to ensure their consideration of the current National River Plan. It shall be composed of the
Provincial Governor, as Chairman, the Regional Director of NEDA as Vice Chairman, and the
following as members:

(a) The Provincial Vice-Governor and the Board Members;

(b) One (1) representative from the DENR;


(©) One (1) representative from the DPWH;
(d) One (1) representative from the LDRRMOs;

(©) Three (3) representatives from the private sectors coming from the private industrial,
commercial, and agricultural users;

(f) One (1) NGO representative with expertise in the field of water conservation; and

(g) One (1) representative from the academe with expertise in water issues.

CHAPTER 5
PLANNING OF RIVER ADMINISTRATION

SEC. 13. Fundamental River Management Policy. - The river administrator shall determine
the flood discharge, river water quality, as stipulated in the Clean Water Act of 2004 and other
related enactments which shall be the basis for a “fundamental river management policy” of river
works and river maintenance, hereinafter referred to as “river improvement”.

There shall be established a fundamental river management policy for each river system to
censure comprehensive administration of the rivers in the water system, by taking into consideration
the conditions of flood damage frequency, present status of water resources utilization, their
development and the fluvial environment.

SEC. 14. The River Improvement Plan. - River administrators shall establish a plan to
improve the river concerned hereinafter referred to as the “river improvement plan” and comply
with the following fundamental policies:

(a) The river administrator shall undertake necessary measures to maintain the quality of the
water of the river, based on standards set by the DENR under Section 19 of the Clean Water
Act of 2004, and to prevent the occurrence of disasters and/or mitigate damages for those
areas where disasters frequently occur due to precipitation, topography, geology and other
conditions.

(b) In drafting a river improvement plan, a river administrator shall consult those with
academic background and expertise;

(©) In consideration of the preceding paragraph, river administrators shall take necessary
measures, such as public hearings, among others, to reflect the opinion of the people
concerned whenever necessary;

(@ When a river administrator establishes a river improvement plan, he/she shall make
public notification without delay;

(©) The river improvement plan should be harmonized with the respective national and local
disaster risk reduction and management plans and the National and Local Climate Change
Action Plan.


CHAPTER 6
ADMINISRATIVE RIVER MANAGEMENT

SEC. 15. Administrative River Management. - The river administration consists of
Administrative jobs, the Preparation and Maintenance of River Ledgers, Facility Construction and
Management, and the Provision of legal Permissions and Regulations.

SEC. 16. Preparation of River Ledgers. - A river administrator shall prepare a set of river
ledgers for the rivers he administer, and keep it in custody, in he following manner:

(a) The set of river ledgers shall comprise a register of present river conditions and a register
of water utilization.

(b) The items to be entered in the river ledgers and other necessary matters concerning their
preparation and custody shall be provided for in the implementing rules and regulations of
this act; and

(c) When the river administrator receives a request for permission of perusal of the river
ledgers, he shall not refuse it unless there is justifiable reason.

SEC. 17. Data Collection, Investigation and Survey. - With the help of relevant government
agencies such as the DENR, DOST, the river administrator shall collect or conduct surveys on the
hydrologic data, such as rainfall, water level and flood discharge; topographic data, such as aerial
photographs, survey map, cross section, flooded areas, among others; geologic data, such as site
geology, material, ground water level, fault, crack, among others; flood and drought damages, water
quality, flora and fauna, and other data regularly. River administrators shall also investigate or
analyze various river and basin date for the suitable river management.

CHAPTER 7
CONSTRUCTION OF RIVER WORKS AND MANAGEMENT OF RIVER ADMINISTRATION
FACILITY

SEC. 18. Classification of River Works. - River works and other works are classified by the
following items:

(a) River works by the river administrator - This includes works executed under the River
Improvement Plan; urgently executed for the repair and restoration of a river administration
facility; and river works executed by persons other than the river administrators built for
joint use, herein referred to a joint use facilities;

(b) River works by a person other than the river administrator — This include those river
works executed after the river administrator's approval; executed for a compensatory work
necessitated by another person's work which affects the river; and the construction of joint
use facilities; and

(c) Works other than river works by the river administrator — This includes works executed
for an incidental work necessitated by river works and those executed for maintenance of a
river administration facility.


SEC. 19. River Works by Cities and Municipalities. - Notwithstanding the provisions under
Sections 38 to 40 of this Act, a city or municipal head may carry out river works or river
maintenance on designated section of the Class A and/or B Rivers, upon permission of the
concerned river administrator.

SEC. 20. Operation of River Administration Facility. - The river administrator shall prepare
“Operational Regulation for the River Administration Facility” for the main facilities (dam, weir,
gate, among others) and operate properly according the Regulations provided for under this Act.

SEC. 21. Maintenance Work. - The river administration facility shall be maintained in good
condition, It includes the daily or periodic maintenance, inspection, and cleaning on structures,
facilities, machinery, revetments, river space, such as: weeding, redressing, cutting down assorted
trees, removing dust; and the daily patrol along rivers.

SEC. 22. Structural Standards for River Administration Facilities. - River administration
facilities must be structurally safe in consideration of water level, flow, topographical and geologic
conditions and other river conditions, water pressure, and other anticipated loads.

‘The river's historical water levels, flow, and where possible, projected levels, flow and other
loads due to climate change, shall be considered.

Technical standards necessary for river administration and applicable to dams, levees and
other major river administration facilities as well as river structures established, shall be stipulated
in the IRR of this Act.

The river administrator shall, for such dams, weirs, sluices, and other facilities involving
operations, out of the river administration he administers, establish respective operation regulations,
as may be provided for in details in the IRR of this Act.

When the river administrator intends to establish or change the operation guidelines or
execute a river work, which may have a marked effect on a river administered by another river
administrator/s, the river administrator, shall, in advance consult with the other river administrator/s.

CHAPTER 8
ANNUAL FEES GENERATED FROM RIVER AND WATER USE

SEC. 23. Annual Fees. - River administrators are hereby authorized to collect annual fees for
the use of river and river water resource for all beneficial purposes including fisheries, aquaculture,
‘municipal, industrial, agricultural including irrigation, hydroelectric power generation, transport and
navigation waste disposal purposes, and recreation, among others. All the fees collected shall be
accordingly appropriated for the sustainable development plan, and shall not be limited to the
National Treasury as an exemption to the provisions of Presidential decree No. 1234.


CHAPTER 9
REGULATIONS AND RESTRICTIONS FOR THE RIVER AND RIVER WASTE WATER USE

SEC. 24. Permission for Land Occupancy. - Any person who intends to occupy land within
a river zone shall obtain a permission on the river administrator.

SEC. 25. Permission for Construction, Reconstruction, or Removal of Structures within a
River Area. ~ Any person who intends to construct, reconstruct or remove a structures on the land,
within a river zone shall obtain a permission of the river administrator.

SEC. 26. Permission for Gathering of Soil, Sand, Stone from a River Area. - Any person
who intends to gather soil, sand, stone or other similar material within a river zone shall obtain the
permission of the river administrator.

SEC. 27. Permission for Land Excavation. - Any person who seeks to excavate, bank, cut or
carry out any other acts that alters the shape of land and river zones or seeks to plant or cut trees on
land in river zones shall obtain permission from the river administrator.

SEC. 28. Permission for Planting or Felling of Trees. - Any person who seeks to plan or fell
trees within a river zone shall obtain permission from the river administrator.

SEC. 29. Prohibitions, Restrictions and Permission for Floating of Trees and Passage of
Boats ~ The floating of trees, bamboo down a river and the passage of boats and rafts are prohibited
or restricted, until obtaining permission of the river administrator for such acts.

SEC. 30. Prohibition, Restrictions and Permission for Act likely to hinder River
Administration. Acts which are likely to hinder river administration by affecting the course,
cleanliness, discharge, width, or depth of the water, may be prohibited or restricted until a
permission of the river administrator is obtained for such act.

SEC. 31. Prohibition of use of Structures built without Permission. - The use of structures
built without the permission of the river administrator is prohibited, until a permission of the river
administrator is obtained for such acts.

SEC. 32. Use of Permanent Structures.- Any person permitted under Section 21 shall pass
the completion inspection by the river administrator before being allowed the use of the structure.
A person who constructs or reconstructs a dam may use the said structure only after it has been
subject to and passed a completion check by the river administrator.

CHAPTER 10
REGULATION IN DAM CONSTRUCTION AND OPERATION

SEC. 33. Maintenance of Existing Functions of River. - In the case where the condition of a
river changes as a result of the construction of a dam and the former functions of the river are
diminished during a flood, a person/the entity who constructed the dam in order to store or intake
the flowing water and which has a height from the foundation to the crest of at least 15 meters-
hereinafter referred to as water utilization dam, must establish facilities necessary to maintain the
said functions in accordance with the directions of the river administrators.


SEC. 34. Monitoring of Hydrologic Situations. - A person/entity who owns a water
utilization dam shall construct observation facilities and observe the water stage, discharge and
precipitation in accordance with the standards which may be addressed in the IRR

SEC. 35. Report on the Dam Operations. - When a flood occurs or when it is projected that
flooding may occur, the owner of a water utilization dam referred to in the preceding article shall
report the results of observation under the provisions of the same article and the condition of
operation the dam to the river administrator, the governor and the National Disaster Risk Reduction
and Management Council (NDRRMC) as may be provided of in the detail by the IRR of this Act.

SEC. 36. Regulation for Dam Operations. - When the owner of a water utilization dam
intends to use the dam for the purpose of storing or taking river water, he shall establish regulations
for operating it and obtain the approval of the river administrator concerning the regulations, as
may be provided for in details by the IRR of this Act. The same shall apply in case he intends to
revise the regulations.

SEC. 37. Preventive Measures for Damage. - Whenever the owner of water utilization dam
deems that the operation of the dam will cause a considerable change in the condition of the river
water and so it is necessary for the prevention of the resulting harm, he shall in advance report the
fact to the river administrator, LGUs concerned and the heads of the police stations concerned and
take the necessary steps to make it known to the public, as may be provided for in detail by the IRR
of this Act.

SEC. 38. Preparation and Custody of Operation Record. - The owner of a water utilization
dam shall prepare a record of the operation of the dam whenever a flood occurs, keep it, and, when
demanded to submit it by the river administrator, submit it without delay to the river administrator,
as may be provided for in detail by the IRR of this Act.

SEC. 39. Appointment of a Chief Superintended for a Dam. - In case the owner of a water
utilization dam uses the dam for the purpose of storing or taking river water, he shall appoint as
chief superintendent for a dam, an engineer possessing the qualifications fixed by the IRR of this
Act for proper execution of the maintenance, operation and other administration of the dam.

SEC. 40. Instructions for Flood Control. - In case a disaster has been caused or there is a
strong probability that a disaster will be caused by floods, if the river administrator deems it of
urgent necessity for preventing or minimizing the disaster, in consultation with the NDRRMC, he
may instruct the owner of the water utilization dam that he should, on the basis of overall
consideration of the conditions of the rivers belonging to the water system, take necessary steps in
connection with the operation the dam to prevent or minimize the disaster.

CHAPTER 11
STEPS TO BE TAKEN DURING DROUGHTS

SEC. 41. Water Conciliation during Droughts. - In case an unusual drought makes it
difficult to adequately use the river water for the permitted utilization purposes or when such a
situation is expected, river administrators, in consultation with the NWRB, shall provide the
necessary information for water use conciliation.


SEC. 42. Exceptional Arrangement for Water use during droughts. - In the event of a
drought, a Drought Conciliation Council, which will coordinate water intake during droughts, shall
be convened, and organized by all stakeholders. ‘This includes the river administrator, the LGUs,
the line agencies concerned, and the water users.

SEC. 43. Avoidance of Water Shortage. - To avoid water shortage, the river administrator
shall set a target of safety measure against drought and shall permit, in consultation with the NWRB,
every new water use only in case of no influence to this target and existing water users.

CHAPTER 12
STEPS TO BE TAKEN FOR FLOODING

SEC. 44. Flood-Fighting Preparation. - During normal times, the DPWH Secretary and
governors, in their capacity a river administrators, in connection with the NDRRMC and the local
disaster risk reduction and management councils, shall formulate their own flood-fighting plans for
coordination and implementation of flood-fighting activities. ‘The flood-fighting plan shall be
integrated in the Local Disaster Risk Reduction and Management Plans of LGUs. As river
administrators, they shall be in charge in the public announcement of flood-prone areas along rivers.

SEC. 45. Flood-Fighting Warning. - The DPWH Secretary shall issue a flood-fighting
‘warning in consultation with the NDRRMC, for designated rivers, lakes, and other bodies of water
that could cause a serious loss to the national economy due to a flood or high tide. The governors
shall issue the same for their designated rivers, lakes and other bodies of water other than those
administered by the DPWH Secretary.

SEC. 46. Flood-Fighting Acti
organizations or the LDRRMCs that

-s. - Flood-fighting shall be in the hands of flood-fighting
patrol the rivers and seas dikes form time to time.

(a) During normal times, flood-fighting organizations shall be in charge in the preparation of
flood-fighting storage, communication tools, and the conduct of drills in their respective
Jurisdiction. More importantly, they shall also develop flood hazard maps in coordi
with the river administrators, the NDRRMC-DENR and other relevant agencies.

(b) During the actual flood, flood-fighting organizations shall be in charge of flood warning
and patrol, and the implementation of levee protection activities.  Flood-fighting
organizations shall be in charge of providing real time information on flooded areas and
flood water depth after the commencement of flooding of major rivers.

CHAPTER 13
ENFORCEMENT MEASURES

SEC. 47. River Guards, - River administrators may appoint river guards from among their
staff members who shall apprehend violators of the provisions of this Act.

SEC. 48. Penalties. Any person who violates any of the provisions of this Act or its

implementing rules and regulations, shall be fined in the amount of not less than ten thousand pesos
(Php 10,000.00) nor more than two hundred thousand pesos (Php 200,000.00). The fines herein

10


prescribed shall be increased by ten percent (10%) every two (2) years to compensate for inflation
and to maintain the deterrent function of such fines.

SEC. 49. Administrative Sanctions Against Non-compliance with this Act. - Local
government officials concerned shall be subject to administrative sanctions in case of failure to
comply with the provisions of this Act in accordance with the relevant provisions of Republic Act
No. 7160.

CHAPTER 14
FINAL PROVISIONS

SEC. 50. Implementing Rules and Regulations. - The DPWH, in coordination with the
DENR, the NWRB and other concerned agencies shall promulgate the implementing rules and
regulations for this Act., within six (6) months after its implementation.

The draft of the implementing rules and regulation shall be published and be the subject of
public consultations with affected sectors.

There shall be an annual mandatory review of the implementing rules and regulations and
the standards set pursuant to the provisions of this Act.

SEC. 51. Repealing Clause. - All laws, orders, rules and regulations, or portions thereof,
inconsistent with this Act are hereby repealed and modified accordingly.

SEC. 52. 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.

SEC. 53. Effectivity Clause. - 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,