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

Sixteenth Congress
First Regular Session

HOUSE BILL NO.2857

Introduced by Rep. Reynaldo V. Umali

EXPLANATORY NOTE

Presidential Decree No. 1067 otherwise known as the Water Code of
the Philippines was promulgated in 1976 or more than 30 years ago.
In the Philippine context the 1970’s saw the awakening of
environmental consciousness, although in a nascent stage. Since
then concern for the environment has become fully developed.
Policies on the environment likewise started to be enunciated
promoting clean air, clean water and solid waste management.

‘The laws on environment deal more on quality and quality standards
such as of water and air. However, the water code deals with the
management of water resources such as ownership, development,
appropriation/distribution and conservation.

‘The proposed National Water Security Acts promotes an integrated
water resources management using appropriate physiographic units
such as water sheds or river basins. It also requires all local
government units to include in their land use plans a water
management and development plan. It also requires water districts to
submit water resources management plan to Local Government Units
for consideration in the land use plan of LGU’s.

‘The supervision and regulation of sewage systems is not covered in
the existing Water Code. The proposed act corrects this situation and
rationalizes economic regulation with respect to tariff, safety,
reliability and quality of water supply sewerage services to
balance the interest of service providers andf#onsumers

REYNALDO V. UMALI


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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.2857

Introduced by Honorable REYNALDO V. UMALI

AN ACT RENAMING THE WATER CODE OF THE PHILIPPINES
INTO NATIONAL WATER SECURITY ACT OF 2013 THEREBY
REVISING AND CONSOLIDATING THE LAWS GOVERNING THE
OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION,
DEVELOPMENT, CONSERVATION AND PROTECTION OF WATER
RESOURCES AND REGULATION OF WATERWORKS/WATER
SUPPLY AND SEWERAGE SYSTEMS AND SERVICES

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

CHAPTER I
DECLARATION OF OBJECTIVES AND PRINCIPLES

Art. 1, This Act shall be known as The National Water Security Act of
2013.

Art. 2. The objectives of this Act are:

a.To establish the basic principles and framework relating to the
appropriation, control and conservation of water resources to
achieve the optimum development and national utilization of
these resources;

b.To define the extent of the rights and obligations of water users
and owners including the protection and regulation of such

rights;

c.To adopt a basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and
protection of water resources and rights to land related thereto;

d.To adopt and practice the principles embodied in the Integrated
Water Resources Management (IWRM) process as a general
strategy for water resources management to ensure sustainability
and environmental integrity;


e. To regulate the management and operation of waterworks
systems, water supply, and sewerage system and services; and

To identify the administrative agencies that will enforce this Act.
Art.3. The underlying principles of this Act are:
a. All waters belong to the State.

b.All waters that belong to the State cannot be the subject of
acquisitive prescription.

c.The State may allow the use or development of waters by
administrative concession,

d.The utilization, exploitation, development, conservation and
protection of water resources shall be subject to the control and
regulation of the government through the National Water Resources
Board, hereinafter referred to as the Board.

e. Preference in the use and development of waters shall consider
current usages and strategies, to be responsive to the changing needs
of the country.

All waterworks system, water supply, sewerage system and septage
service providers shall be effectively and economically regulated to
balance the interest of said providers as well as the right of the
concessionaires.

Art. 4. Waters, as used in this Act, refers to water under the ground,
water above the ground, water in the atmosphere and the waters of
the sea within the territorial jurisdiction of the Philippines.

CHAPTER II
OWNERSHIP OF WATERS

Art. 5, ‘The following belong to the State;

a. Rivers and their natural beds;

b. Continuous or intermittent waters of springs and brooks
running in their natural beds and the beds themselves;

c. Natural lakes and lagoons;

d. All other categories of surface waters such as water flowing
over lands, water from rainfall whether natural or artificial,
and water from agricultural runoff, seepage and drainage;

e. Atmospheric water;

f. Subterranean or ground waters; and

g. Seawater


Art. 6, The following waters found on private lands also belong to the
State;

Continuous or intermittent waters rising on such lands;
Lakes and lagoons naturally occurring on such lands;

Rain water falling on such lands;

Subterranean or ground waters; and

Waters in swamps and marshes.

The owner of the land where the water is found may use the
same for domestic purposes without securing a permit,
provided that such use shall be registered with the Board. The
Board, however, may regulate such use when there is wastage,
or in times of emergency.

mo poop

Art. 7. Subject to the provisions of this Act, any person who captures
or collects water by means of cisterns, tanks, or pools shall have
exclusive control over such water and the right to dispose the same.
Art. 8, Water legally appropriated shall be subject to the control of the
appropriator from the moment it reaches the appropriator’s canal or
aqueduct leading to the place where the water will be used or stored
and, thereafter, so long as it is being beneficially used for the
purposes for which it was appropriated.

CHAPTER It
APPROPRIATION OF WATERS

Art. 9, Waters may be appropriated and diverted in accordance with
the provisions of this Act.

Appropriation of waters, as used in this Act, is the acquisition of
rights over the use of waters or the taking or diverting of waters from a
natural source in the manner and for any purpose allowed by law.

Art. 10. Water may be appropriated for the following purposes:

a. Domestic
b. Municipal

c. Irrigation

d. Power generation
e. Fisheries

f, Livestock raising
g. Industrial

h. Commercial

i, Recreational, and
j. Other purposes


Use of water for domestic purposes is the utilization of water for
drinking, washing, bathing, cooking or other household needs, home
gardens, and watering of lawns or domestic animals.

Use of water for municipal purposes is the utilization of water for
supplying the water requirements of the community.

Use of water for irrigation is the utilization of water for
producing agricultural crops.

Use of water for power generation is the utilization of water for
producing electrical or mechanical power.

Use of water for fisheries is the utilization of water for the
propagation and culture of fish as a commercial enterprise.

Use of water for livestock raising is the utilization of water for
large herds or flocks of animals raised as a commercial enterprise.

Use of water for industrial purposes is the utilization of water in
factories, industrial plants and mines, including the use of water as
an ingredient of a finished product.

Use of water for commercial purposes is the utilization of water
exclusively for business establishments and/or any other related firms
or companies which include but not limited to restaurants, shopping
malls, commercial laboratories, hospitals, markets, hotels, dormitories,
gas stations, abattoirs, water refilling stations, and other similar
establishments.

Use of water for recreational purposes is the utilization of water for
swimming pools, bath houses, boating, water skiing, golf courses and
other similar facilities in resorts and other places of recreation.

Art. 11. The State, for reasons of public policy, may declare waters not
previously appropriated, in whole or in part, exempt from
appropriation for any or all purposes and, thereupon, such waters
may not be appropriated for those purposes.

Water Permits previously issued for specific purposes may, upon
recommendation of proper government agency, be recalled or cancelled
by the Board, for reasons of public health, public safety, or national
security, or to prevent environmental degradation.

Art. 12. Waters appropriated for a particular purpose may be applied
for another purpose only upon prior approval of the Board and on
condition that the new use does not unduly prejudice the rights of
other permittees, or require an increase in the volume of water.


Art, 13. Except as otherwise herein provided, no person, including
government agencies and instrumentalities, local government units,
government-owned or controlled corporations and quasi-public
corporations, shall appropriate water without a water right, which
shall be evidenced by a document known as a water permit.

Water right is the privilege granted by the National Water
Resources Board to appropriate and use water.

Art. 14, Subject to the provisions of this Act concerning the control,
protection, conservation, and regulation of the appropriation and use
of waters, any person may appropriate or use natural bodies of water
without securing a water permit for any of the following:

a. Appropriation of water by means of hand carried receptacles;
and,

Bathing or washing, watering or dipping of domestic or farm animals,
and navigation of watercrafts or transportation of logs and other
objects by flotation.

Art. 15, Only citizens of the Philippines, of legal age, as well as
juridical persons, who are duly qualified by law to exploit and develop
water resources, may apply for water permits.

Art. 16. Any person who desires to obtain a water permit shall file an
application with the Board who shall make known said application to
the public for any protests.

In determining whether to grant or deny an application, the
Board shall consider the following: protests filed, if any; prior permits
granted; the availability of water; the water needed for beneficial use;
possible adverse effects; land-use economics; environmental reserve;
water pollution risks; and other relevant factors.

Upon approval of an application, a water permit shall be issued
and recorded.

Art. 17. In areas declared as ancestral domain, water permits may be
issued upon proof that the applicant has secured free, prior and
informed consent (FPIC) from the National Commission for Indigenous
People.

Art. 18. The right to the use of water is acquired as of the date of
approval of the application for a water permit, or as of the date of
actual use in case no water permit is required.


Art, 19. All water permits granted shall be subject to conditions of
beneficial use, adequate standards of design and construction, and
such other terms and conditions as may be imposed by the Board.

Such permits shall specify the maximum amount of water which may
be diverted or withdrawn, the maximum rate of diversion or
withdrawal, the time or times during the year when water may be
diverted or withdrawn, the point or points of diversion or location of
wells, the place of use, the purposes for which water may be used,
and ‘such other requirements the Board deems appropriate and
desirable.

Art, 20. Water rights may be leased or transferred in whole or in part
to another person with prior approval of the Board, after due notice
and hearing.

Art, 21. The measure and limit of appropriation of waters shall be for
beneficial use.

Beneficial Use of water is the utilization of water in the right
amount during the period that the water is needed for producing the
benefits for which the water is appropriated.

Art, 22. Standards of beneficial use shall be prescribed by the Board
for the appropriator of water for different purposes and conditions,
and the use of waters which are appropriated shall be measured and
controlled in accordance therewith.

Every appropriator of water shall maintain water control and
measuring devices, and submit records of water withdrawal to the
Board.

Art. 23. Between two or more appropriators of water from the same
source of supply, priority in time of appropriation shall give the better
right, except that in times of emergency and/or water shortage, the
use of water for domestic and municipal purposes shall have a better
right over all other uses Provided, That where water shortage is
recurrent and the appropriator for municipal use has a lower priority
in time of appropriation, then it shall be his duty to find an alternative
source of supply in accordance with conditions prescribed by the
Board.

Art, 24. Priorities may be altered on grounds of greater beneficial use,
multi-purpose use, and other similar grounds after due notice and
hearing, subject to payment of compensation in proper cases as may
be determined by the Board.


Claims for compensation of damages arising from the alteration of
priority by reason of greater beneficial use, shall be filed with the
Board.

Art. 25. A water right shall be exercised in such a manner that the
rights of third persons or of other appropriators are not prejudiced
thereby.

Art. 26. A holder of a water permit may demand the establishment of
easements necessary for the construction and maintenance of the
works and facilities needed for the beneficial use of the waters to be
appropriated, subject to the requirements of just compensation and to
the following conditions:

a. That he is the owner, lessee, mortgagee or one having real
right over the land upon which he proposes to use water; and

b. That the proposed easement is the most convenient and the
least onerous to the servient estate,

Easements relating to the appropriation and use of waters may
be modified by the agreement of the contracting parties provided the
same is not contrary to law or prejudicial to third persons.

Art. 27, Where water shortage is recurrent, the use of the water
pursuant to a permit may, in the interest of equitable distribution of
benefits among legal appropriators, be reduced after due notice and
hearing.

Art, 28, Water users shall bear the diminution of any water supply due
to natural causes of force majeure.

Art, 29. Water permits shall continue to be valid as long as water is
beneficially used; however, it may be suspended on the grounds of
non-compliance with approved plans and specifications or schedules
of water appropriation; use of water for a purpose other than that for
which it was granted; non-payment of water charges; wastage; failure
to submit records of water diversion.

‘Temporary permits may be issued for the appropriation and use
of water for short periods under special circumstances.

Art. 30. Water permit may be revoked after due notice and hearing on
grounds of non-use; violation of the conditions imposed in the permit;
unauthorized sale of water; willful failure or refusal to comply with
rules and regulations or any lawful order; pollution, public nuisance
or acts detrimental to public health and safety; when the appropriator
is found to be disqualified under the law to exploit and develop
natural resources of the Philippines; continuous non-payment of


water charges; when, in the case of irrigation, the land is converted to
non-agricultural purposes; and other similar grounds.

Art. 31, All water permits are subject to modification or cancellation
by the Board, after due notice and hearing, in favor of a project of
greater beneficial use or for multi-purpose development, and a water
permittee who suffers thereby shall be duly compensated by the entity
or person in whose favor the cancellation was made.

In cases where only a portion of the agricultural land were
converted to non-agricultural purposes, the volume of water granted
under the water permit shall be reduced accordingly.

CHAPTER IV
UTILIZATION OF WATERS

Art. 32. Preference in the development of water resources shall
consider security of the State, multiple use, beneficial effects, adverse
effects and costs development.

Art. 33, The utilization of subterranean or groundwater shall be
coordinated with that of surface waters such as rivers, streams and
lakes, so that a superior right in one is not adversely affected by an
inferior right in the other.

For this purpose the Board shall promulgate rules and
regulations and declare the existence of control areas for the
coordinated development, protection and utilization of subterranean
or groundwater and surface waters.

Control area is an area of land where subterranean or
groundwater and surface water are so interrelated that withdrawal
and use in one similarly affects the other. The boundary of a control
area may be altered from time to time, as circumstances warrant.

Art. 34, Water contained in open canals, aqueducts or reservoirs of
private persons may be used by any person for domestic purpose or
for watering plants as long as the water is withdrawn by manual
methods without checking the stream or damaging the canal,
aqueduct or reservoir; Provided, That this right may be restricted by
the owner should it result in loss or injury to him.

Art. 35. A water permittee or appropriator may use any water course
to convey water to another point in the watercourse for the purpose
stated in a permit and such water may be diverted or recaptured at
the point by said permittee in the same amount less allowance for
normal losses in transit, provided, the same will not cause flooding or
any other damage such as erosion that may alter the natural
watercourse in the area.


Art. 36. Works for the storage, diversion, distribution and utilization of
water resources shall contain adequate provision for the prevention
and control of diseases that may be induced or spread by such works.

Art. 37. When the reuse of waste water is feasible, it shall be limited
as much as possible, to such other than direct human consumption.
No person or agency shall distribute such water for public
consumption until it is demonstrated that such consumption will not
adversely affect the health and safety of the public.

Art, 38. In the construction and operation of hydraulic works, due
consideration shall be given to the preservation of scenic places and
historical relics and, in addition to the provisions of existing laws, no
works that would require the destruction or removal of such places or
relics shall be undertaken without showing that the destruction or
removal is necessary and unavoidable.

Art, 39, Authority for the construction of dams, bridges and other
structures across or that which may interfere with the flow of
navigable or floatable waterways shall first be secured from the
Department of Public Works and Highways or appropriate government
agency.

Art. 40. Except in cases of emergency to save life or property, the
construction or repair of the following works shall be undertaken only
after the plans and specifications therefore, as may be required by the
Board, are approved by the proper government agency: dams for the
diversion or storage of water, structures for the use of water power;
installations for the utilization of subterranean or groundwater and
other structures for utilization of water resources.

Art. 41. No excavation for the purpose of emission of a hot spring or
for the enlargement of the existing opening thereof shall be made
without prior permit.

Any person or agency who intends to develop a hot spring for
human consumption must first obtain a permit from the Department
of Health.

Art. 42. No person shall develop a stream, lake or spring for
recreational purposes without first securing a permit from the Board.

Art. 43. Unless otherwise ordered by the President of the Philippines
and only in times of national calamity or emergency, no person shall
induce or restrain rainfall by any method such as cloud seeding
without a permit from the proper government agency.


Art. 44, No person shall raise or lower the water level of a river,
stream, lake, lagoon or marsh nor drain the same without a permit.

Art. 45. Drainage systems shall be classified into storm or rainwater
and sewerage or septage.

Drainage for storm or rainwater shall be constructed such that its
outlets are rivers and other water bodies, A storm catchment or water
impoundment facility may be utilized subject to approval by the
concerned government agency.

There shall be a separate drainage system for sewerage or
septage, which shall pass through a treatment facility before disposal.

In case a separate drainage is not possible, a combined sewerage
and storm water drainage may be used, provided, that water passes
through a treatment facility, similar to what is required for drainage of
sewerage or septage before disposal.

Art. 46, When a drainage channel is constructed by a number of
persons for their common benefit, the cost of construction and
maintenance of the channel, including damage to the environment
shall be borne by each in proportion to the benefits derived.

Art. 47. When artificial means are employed to drain water from higher
to lower land, the owner of the higher land shall select the routes and
methods of drainage that will cause the minimum damage to the lower
lands, subject to the requirements of just compensation.

Art. 48. When the use, conveyance or storage of waters results in
damage to another, the person responsible for the damage shall pay
compensation.

Art. 49, When a water resources project interferes with the access of a
landowner to a portion of his property or with the conveyance of
irrigation or drainage water, the person or agency constructing the
project shall bear the cost of construction and maintenance of the
bridges, flumes and other structures necessary for maintaining
access, irrigation or drainage, in addition to paying compensation for
land and incidental damages.

rt. 50. Any person having an easement for an aqueduct may enter
upon the servient land for the purpose of cleaning, repairing or
replacing the aqueduct or the removal of obstructions therefrom.

Art. 51. Lower estates are obliged to receive the waters which
naturally and without the intervention of man flow from the higher
estates, as well as the stone or earth which they carry with them.


The owner of the lower estate cannot construct works which will
impede this natural flow, unless he provides an alternative method of
drainage; neither can the owner of the higher estate make works
which will increase this natural flow.

Art. 52. The banks of rivers and streams and the shores of the seas
and lakes throughout their entire length and within a zone of three (3)
meters in urban areas, twenty (20) meters in agricultural areas and
forty (40) meters in forest areas, along their margins are subject to the
easement of public use in the interest of recreation, navigation,
floatage, fishing and salvage. No person shall be allowed to stay in this
zone longer than what is necessary for recreation, navigation, floatage,
fishing or salvage or to build structures of any kind without proper
clearance from appropriate government agency.

Art. 53. The establishment, extent, forms and conditions of easements
of water not expressly determined by the provisions of this Act shall be
governed by the provisions of the Civil Code.

CHAPTER V
CONTROL OF WATERS

Art. 54. To promote the best interest and the coordinated protection of
flood plain lands, the Secretary of Public Works and Highways in
coordination with other concerned national and local government
agencies may declare flood control areas and promulgate guidelines
for governing flood plain management.

Art, 55. In declared flood control areas, rules and regulations may be
promulgated to prohibit or control activities that may damage or cause
deterioration of lakes and dikes, obstruct the flow of water, change the
natural flow of river, increase flood losses or aggravate flood problems.

Art. .56. The government may construct necessary flood control
structures in declared flood control areas, and for this purpose it shall
have a legal easement as wide as may be needed along the adjacent to
the river bank and outside the bed or channel of the river.

Art. 57. River beds, sandbars and tidal flats may not be cultivated
except upon prior permission from the Secretary of the Department of
Public Works and Highways and such permission shall not be granted
where such cultivation obstructs the flow of water or increase flood
levels so as to cause damage to other areas.

Art. 58. Any person may erect levees or revetments to protect his
property from flood, encroachment by the river or change in the
course of the river, provided that such construction does not cause
damage to the property of another.


Art. 59, When a river or stream suddenly changes its course to
traverse private lands, the owners of the affected lands may not
compel the government to restore the river to its former bed; nor can
they restrain the government from taking steps to revert the river or
stream to its former course. The owners of the land thus affected are
not entitled to compensation for any damage sustained thereby.
However, the former owners of the new bed shall be the owners of the
abandoned bed in proportion to the area lost by each.

‘The owners of the affected lands may undertake to return the
river or stream to its old bed at their own expense; Provided, That a
permit therefore is secured from the Secretary of Public Works and
Highways and work pertaining thereto are commenced within two
years from the change in the course of the river or stream.

Art, 60. Rivers, lakes and lagoons may, upon the recommendation of
the Department of Transportation and Communications, be declared
navigable either in whole or in part.

Art. 61. The rafting of logs and other objects on rivers and lakes
which are floatable may be controlled or prohibited during designated
seasons of the year with due regard to the needs of irrigation and
domestic water supply and other uses of water.

Art. 62, The impounding of water in ponds or reservoirs may be
prohibited by the Board upon consultation with the Department of
Health if it is dangerous to public health, or it may order that such
pond or reservoir be drained if such is necessary for the protection of
public health.

Art, 63, Waters of a stream may be stored in a reservoir by a
permittee in such amounts as will not prejudice the right of any
permittee downstream. Whatsoever operates the reservoir shall release
water for minimum stream flow.

The Board shall formulate criteria/guidelines in consultation with
the stakeholders for the operation of the dam/reservoir which may be
the basis for prioritizing water allocation.

All dam owners/operators are required to submit their reservoir
operation rule curve for normal operation to the Board for review and
approval.

The owners/operators of dams shall be liable for negligence on
safety measures related to dam protection.

Art, 64, The operator of a dam for the storage of water shall be
required to employ a licensed engineer possessing qualifications


prescribed for the proper operation, maintenance and administration
of the dam.

Art. 65. The Board shall approve the manner, location, depth and
spacing in which borings for subterranean or groundwater may be
made, determine the requirements for the registration of every boring
or alteration to existing borings as well as other control measures for
the exploitation of subterranean or groundwater resources and
prescribe the qualifications of those who would drill such borings.

No person shall drill a well without permission from the Board.

Art. 66. Water from one river basin may be transferred to another river
basin only with the approval of the Board and upon consultation with
concerned local government units and other stakeholders. In
considering any request of such transfer, the Board shall take into
account the full costs of the transfer; the benefits that would accrue to
the basin of origin without the transfer, the benefits that would accrue
to the receiving basin on account of the transfer, alternative schemes
for supplying water to the receiving basin, and other relevant factors.

CHAPTER VI
CONSERVATION AND PROTECTION OF WATERS AND RELATED
LAND RESOURCES

Art. 67. Upon determination of the Board, when warranted by
circumstances, minimum stream flows for rivers and streams and
minimum water levels for lakes shall be established under such
conditions necessary for the protection of the environment; control of
pollution, navigation, prevention of salt drainage and general public
use.

Art. 68. The Board shall establish a minimum environmental flow to
sustain the biodiversity demand in a river system.

The minimum environmental flow thus established shall not be
subject to appropriation.

Art, 69. Any watershed or any area of land adjacent to any surface
water or overlying any groundwater may be declared as a protected
area. Rules and regulations may be promulgated by the Department of
Environment and Natural Resources to prohibit or control such
activities by the owners or occupants thereof within the protected area
which may damage or cause the deterioration of the surface area or
groundwater or interfere with the investigation, use, control,
protection, management or administration of such waters.

Art, 70. It shall be the duty of any person in control of a well to
prevent the water from flowing on the surface of the land, or into any


surface water, or any porous stratum underneath the surface without
being beneficially used.

Art. 71, It shall be the duty of any person in control of well containing
water with minerals or other substances injurious to man, animals,
agriculture, and vegetation to prevent such waters from flowing on the
surface of the land or any surface water or into any aquifer or porous
stratum.

Art. 72. No person shall utilize an existing well or pond or spread
waters for recharging subterranean or groundwater supplies without
prior permission of the Board.

Art. 73, To promote better water conservation and usage for irrigation
purposes, the merger of irrigators’ associations and the appropriation
of waters by associations instead of by individuals shall be
encouraged.

No water permit shall be granted to an individual when his
water requirement can be supplied through an irrigators’ association.

Art. 74, In the consideration of a proposed water resource project, due
regard shall be given to ecological changes resulting from the
construction of the project in order to balance the needs of
development and the protection of the environment.

Art. 75. The conservation of fish and wildlife shall receive proper
consideration and shall be coordinated with other features of water
resources development programs to ensure that aquatic resources and
wildlife values receive equal attention with other project purposes,

Art. 76. Swamps and marshes which are owned by the State and
which have primary value for waterfowl propagation or other wildlife
purposes may be reserved and protected from drainage operation and
development by the Department of Environment and Natural Resources
(DENR) through the Protected Areas and Wildlife Bureau (PAWB).

Art. 77. No person shall, without prior permission from the
Department of Environment and Natural Resources through the
Environmental Management Bureau, build any works that may
produce dangerous or noxious substances or perform any act which
may result in the introduction of sewage, industrial waste, or any
pollutant into any source of water supply.

Water pollution is the impairment of the quality of water beyond a
certain standard. This standard may vary according to the use of
water and shall be set by the Department of Environment and Natural
Resources through the Environmental Management Bureau.


Art. 78. The establishment of cemeteries and waste disposal areas that
may affect the source of a water supply or a reservoir for domestic or
municipal use shall be subject to the rules and regulations
promulgated by the Department of Health and Department of
Environment and Natural Resources.

Art. 79, Tailings from mining operations and sediments from _ placer
mining shall not be dumped into rivers and waterways without prior
permission from the Board upon recommendation by the Department
of Environment and Natural Resources through the Environmental
Management Bureau.

Art, 80. The application of agricultural fertilizers and pesticides may
be prohibited or regulated by the Department of Agriculture through the
Fertilizers and Pesticides Authority in areas where such application
may cause pollution toa source of water supply.

CHAPTER VII
RIVER BASINS AND RIVER BASIN ORGANIZATION

Art. 81. River basins shall be identified and declared based on
hydrological boundaries, which shall include the coastal zones of
influence.

«A river basin is a land area that is drained by a river and its
tributaries.
Art. 82. The Board shall create a River Basin Organization (RBO), for
every river basin previously or hereinafter identified and declared.

The formulation of plans and policies shall be the main
responsibility of the RBO. It shall also coordinate the implementation of
water and land use related plans, programs and activities within a river
basin.

In the performance of said function, it shall take into
consideration the social, economic, environmental factors, and such
other conditions and needs peculiar to a river basin.

Art. 83. The RBO shall be composed of a chairperson, which shall be
the Executive Director of the NWRB or his duly authorized
representative, and members consisting of the Governors of the
provinces and the City Mayors of the Chartered/Highly Urbanized
Cities within the identified and declared river basin; the Regional
Directors of the Department of Environment and Natural Resources,
Department of Public Works and Highways, Department of Agriculture
and the National Economic and Development Authority.


The RBO shall appoint one sector representative from the
‘following: 1) water service providers in the area; 2) private sector who is
‘@ major stakeholder in the river basin; and 3) academe.

Art. 84, The operation of the RBO shall be under the supervision of the
Board.

. The Board shall monitor, integrate and evaluate the plans and
programs of all river basins of the country for the development of
national water management policies and strategic directions.

Art, 85, Watershed conservation, protection and rehabilitation activities
and such measures which shall hereinafter be adopted by the
Department of Environment and Natural Resources for the safeguard of
the hydrological integrity of the water shed, shall be performed in
coordination with the RBO in the said watershed

Art. 86. The river basins or watersheds previously declared and
identified under other statutory enactments or administrative issuances
shall still be recognized, and RBOs previously formed and existing shall
remain, provided that they are consistent with the provision of Article
81 and 82 and provided further that administrative control and
supervision thereof shall be transferred to the National Water Resources
Board upon effectivity of this Act.

Art 87. Local government units shall formulate and submit a water use
plan to the RBO for review prior to its implementation.

Art. 88, The Board in collaboration with NEDA shall adopt water
demand management and eco-efficient water infrastructures
strategies and develop incentives/ rewards mechanism.

Art. 89. In coordination with the proper government agencies, the Board
shall adopt measures to mitigate the impacts of extreme climate
variability and other natural disasters.

“ CHAPTER VII
REGULATION OF WATER SUPPLY, WATERWORKS SYSTEM AND
SEWERAGE SYSTEMS AND SERVICES

Art. 90. To ensure access to an uninterrupted and adequate supply
and distribution of potable water for domestic, municipal, industrial and
commercial purposes, and to rationalize economic regulation with
respect to its tariff, safety, reliability and quality, the Board shall
regulate the operation and maintenance of all water supply,
waterworks system.


Sewerage systems and services shall be regulated in accordance
with approved methodologies, criteria and standards formulated by the
Board.

Art. 91. No water supply, waterworks system and sewerage systems
and services operator including but not limited to national and local
government owned and operated water supply and sewerage system,
Metropolitan Waterworks and Sewerage System, Subic Bay
Metropolitan Authority-Subic Water, Clark Development Corporation-
Clark Water, Philippine Economic Zone Authority and other similar
economic zone authority, Water Districts and other types of
management model such as Rural Waterworks Services Association,
Barangay Waterworks Services Association, Cooperatives, all Bulk
Water Suppliers, Chandlers, Peddlers, Homeowners Association, etc.
shall operate without having first secured from the Board a Certificate
of Public Convenience (CPC) to the effect that such operation will
promote the public interest in a proper and suitable manner.

A Certificate of Public Convenience (CPC) issued under this Act,
is a written authorization, issued after hearing, which grants the water
service provider and/or sewerage system and service operator the right
to engage in such service, within the area specified therein, under such
terms and conditions imposed by the National Water Resources Board.

The term “water service provider and/or sewerage system and
service operator” shall include all persons who own, operate, manage or
control, for hire or compensation, with general or limited clientele, single
or multiple supply, whether permanent, occasional or accidental, any
enterprise engaged in water supply either by bulk or otherwise and/or
sewerage facilities.

Art. 92. Certificate of Public Convenience grantees do not have the
exclusive right to provide water supply and/or sewerage system and
services within a service area. The Board may issue, two or more
Certificate of Public Convenience for operators within any existing or
proposed service areas.

In granting new Certificates of Public Convenience, the Board
shall consider the necessity, viability and economic impact to existing
CPC holders in the area.

Art. 93. Certificates of Public Convenience shall be granted only to
citizens of the Philippines or to corporation, association, partnership or
other juridical person duly formed and existing under Philippine laws,
provided that at least sixty per centum (60%) of the paid up capital of
‘such corporation, association or juridical entity belongs to citizens of the
Philippines, including local government units, __ government
instrumentalities and government owned and controlled corporations.


Any sale, transfer or alienation of shares of stock that will in
itself, or in connection with another previous transaction, result in the
reduction of the shares of Filipino citizens to less than sixty per centum
(60%) of the capital stock, shall be void and shall have no effect. The
Board may order the cancellation of the certificate issued in violation of
this Act.

Art. 94, The Board shall fix and determine the water supply and
sewerage rates or schedules thereof, which shall be imposed, observed
and followed thereafter by water service providers and/or sewerage
system and service operator upon notice and hearing. No increase or
modification of said rates may be imposed by the water service provider
and/or sewerage system and service operator without prior approval of
the Board.

The Board, pending determination of the final rates of applications
for CPC may approve provisional rates for water supply, waterworks
and sewerage systems and services without notice and hearing.

Art, 95. The Board shall fix just and reasonable standards,
classifications, regulations, practices and measures of service to be
furnished, imposed, observed and followed by all water service
providers and/or sewerage system and service operators.

The Board shall establish reasonable rules and regulations,
instructions, specifications and standards to secure the accuracy of all
water meters and other equipment for measurements.

Art. 96. The Board shall establish means of determining the appropriate
appraisal and valuation of properties used in the operation and
maintenance of the water supply, waterworks and sewerage systems
and services.

Art. 97, The Board shall fix and determine proper and adequate rates of
depreciation of the property used by water service provider and/or
sewerage system and service operator, which will be observed as a
proper and adequate depreciation account to be carried for the
protection of stockholders, bondholders, or creditors in accordance with
the Implementing Rules and Regulations.

Said rates shall be sufficient to provide the amounts required
over and above the maintenance to keep such property in a state of
efficiency corresponding to the progress in the industry. Each public
service shall conform its depreciation accounts to the rates so
determined and fixed, and shall set aside the moneys so provided for
out of its earnings and carry the same in a depreciation fund. The
income from investments of money in such fund shall likewise be
carried in such fund. This fund shall not be expended otherwise than
for depreciation, improvements and new construction, extension or


conditions to the property of water service provider and/or sewerage
system and service operator.

Art. 98. Certificates of Public Convenience (CPC) issued under this act
shall be valid and effective for such number of year as may be
determined by the Board, but it shall not exceed fifty (50) years. It may
however be renewed for such number of years upon instance of the
grantee, subject to compliance to rules and regulations that will be
adopted upon promulgation of this Act.

Art. 99. Water service providers and/or sewerage system and service
operators shall be required to furnish the Board annual reports of
finances and accounts, so as to afford an intelligent understanding of
the conduct of its business.

The annual report shall be submitted to the Board on or before
May 30 following the year of approval of the CPC, and every year
thereafter. It shall be audited by an independent external auditor and
its truthfulness, accuracy and completeness sworn to by the water
service provider and/or sewerage system and service operator through
its duly authorized officer, before a notary public.

The Board shall likewise appraise and evaluate the property of
any water service provider and/or sewerage system and service
operator whenever it finds necessary, for the purpose of carrying out
the conditions of the CPC.

Art. 100. Sale, lease, transfer, donation, management and/or operation
contracts, and any other contracts or agreements involving water utility
and sewerage operations shall not be valid without prior approval of the
Board after due notice and hearing.

All other applications and/or petitions pertaining to water utilities
and sewerage operation shall be resolved in accordance with the
provisions of the IRR of this Act.

Art. 101. The Board may amend, modify or revoke at any time any
certificate issued under the provisions of this Act, whenever the facts
and circumstances on the strength of which said certificate was issued
have been misrepresented or materially changed.

Art. 102. The Board may suspend or revoke any certificate issued
under the provisions of this Act after due notice and hearing, whenever
the holder thereof has violated or wilfully and contumaciously refused
to comply with any order, rule or regulation of the Board or any
provision of this Act;


Provided, that the Board, for good cause, may, prior to the
hearing suspend for a period not to exceed thirty days unless otherwise
extended by the Board when public safety and health so requires;

Provided further, that the suspension may be extended by the
Board to avoid serious and irreparable damage or inconvenience to the
public or to private interest.

Art. 103, The Board shall have the power to investigate, upon its own
initiative or upon complaint in writing, the rates, service or any matter
concerning the water service provider and/or sewerage system and
service operator, including those operating and maintaining said
services without the required CPC in violation of this Act.

The Board shall likewise have the power to enter the premises of
water service provider and/or sewerage system and service operator,
upon notice, to conduct investigation, and examine books, to determine
compliance of said water service provider and/or sewerage system and
service operator to the provisions of this Act and the conditions imposed
in the CPC or violations of this Act.

Art. 105. For reasons of public safety, security or public health, when
the interest of the public so requires, the Board shall have the power to
take-over temporarily the operation and management of the water
supply and sewerage utilities.

Art. 106. The Board may promulgate from time to time, rules and
regulations and prescribe restrictions and conditions, consistent with
law, as public convenience, interest or necessity may require; and
exercise other functions as may be prescribed by law.

Art. 107. The water supply and sewerage system and service operators
may construct, operate and provide an appropriate facility for the
collection, treatment and disposal of sewerage and storm water within
or outside their service area.

Art. 108. The water supply and sewerage system and service operators
shall require all establishments, buildings and households to be
connected to the sewer system within such reasonable time as may be
prescribed by the operators, provided that the property upon which
such establishments, buildings and households to be connected are
located within 35 meters of an existing main sewer system of the
operator.

Art. 109. The Board, upon its own initiative or upon recommendation of
the duly authorized water service provider and/or sewerage system
and service operator, may declare the maintenance or use of cesspools,
septic tanks, or other local means of sewerage disposal in such area, a
public nuisance.


Art. 110, Any Certificate of Public Convenience grantee on water supply
may opt to operate sewerage system upon petition to the Board.

Art. 111. The Board shall have the power to take sanctions against non-
compliance with the rules and regulations of the Board.

CHAPTER IX
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE
PROVISIONS OF THE ACT

Art. 112, The administration and enforcement of the provisions of
this Act, including the granting of permits, Certificate of Public
Convenience for water supply and sewerage system and services and
the imposition of penalties for administrative violations hereof, are
hereby vested in the National Water Resources Board as the sole
regulatory agency of the government. Except in regard to those
functions which under this Act are specifically conferred upon other
agencies of the government, the Board is hereby empowered to make
all decisions and determinations provided in this Act.

Art, 113, The Board may deputize any official or agency of the
government to perform any of its specific functions or activities.

Art. 114, The Board shall provide a continuing program and maintain
a database system for data collection, research and manpower
development needed for the appropriation, utilization, exploitation,
conservation and protection of the water resources of the country.

All data generating water related agencies shall provide the
Board with relevant technical data for its planning, assessment and
regulation function without cost.

Art, 115. In the implementation of the provisions of this Act, the Board
shall promulgate the necessary rules and regulations which may
provide penalties consisting of a fine as may be determined by the
Board and/or suspension or revocation of the water permit or
Certificate of Public Convenience. Violations of such rules and
regulations may be administratively dealt with by the Board.

Such rules and regulations shall take effect fifteen (15) days
after publication in newspapers of general circulation.

Art. 116. Rules and regulations by any government agency as well as
ordinances and resolutions prescribed by Local Government Units that
pertains to the utilization, exploitation, development, control,
conservation or protection of water resources shall be subject to
Board’s approval.


Art. 117. The Board is hereby authorized to impose and collect
reasonable fees for annual water charges from all holders of water
permit.

Annual water charge shall be based on volumetric pricing, which
amount shall be determined in accordance with the parameters to be
set by the Board.

All fines and penalties including income of the Board from Annual
Water Charges shall be remitted to the National Treasury under a
special account for utilization of the Board in the implementation of
water resources management programs and projects including but not
limited to the purposes envisioned under Article 114 as may be
recommended by the Board.

Art. 118. The Board shall impose and collect supervision and regulation
fees (SRF) from all water service providers and/or sewerage system
and service operators which shall be one percent (1.0%) of the total
paid-up capital, or the total net book value of properties and equipment,
whichever is higher.

Said supervision and regulation fees shall be paid to the Board
on or before August 31% following the year of approval of the CPC and
every year thereafter.

Provided, a penalty or fine shall be imposed for failure to pay
supervision and regulation fee. It shall be computed at 50% of the
principal amount due. Payment shall be made within sixty (60) days
after. notice of delinquency to CPC holder, otherwise, the penalty shall
be increased by 1% for every month thereafter.

Art, 119. The Board and other agencies authorized to enforce this Act
are empowered to enter upon private lands, with previous notice to
the owner, for the purpose of conducting surveys and hydrologic
investigations and to perform such other acts as are necessary in
carrying out their functions including the power to exercise the right
of eminent domain.

Art. 120. No program or project involving the appropriation,
utilization, exploitation, development, control, conservation, or
protection of water resources may be undertaken without prior
approval of the Board, except those which the Board may, in its
discretion, exempt.

‘The Board may require consultation with the public prior to the
implementation of certain water resources development projects.


Art. 121. When plans and specifications of a hydraulic structure are
submitted for approval, the government agency whose functions
embrace the type of project for which the structure is intended, shall
review the plans and specifications and recommend to the Board
proper action thereon and the latter shall approve the same only when
they are in conformity with the requirements of this Code and the
rules and regulations promulgated by the Board. Notwithstanding
such approval, neither the engineer who drew up the plans and
specifications of the hydraulic structure, nor the constructor who
built it, shall be relieved of his liability for damages in case of failure
therefore by reason of defect in plans and specifications, or failure due
to defect in construction, within ten (10) years from the completion of
the structure.

Any action to recover such damages must be brought to proper
court within ten (10) years following such failure.

Art, 122. The Board shall have original jurisdiction over all disputes
relating to appropriation, utilization, exploitation, development, control,
conservation and protection of waters within the meaning and context
of the provisions of this Act.

It shall likewise have original jurisdiction over all disputes
regarding the rates, service or any matters involving the operation of
waterworks systems, water supply and sewerage systems and
services, including those operating and maintaining said services
without the required CPC in violation of this Act.

All disputes shall be decided within sixty (60) days after the
parties shall have submitted the same for decision or resolution.

Art. 123. The Board shall have original jurisdiction over payment of
claims for damages as a result of alteration of priorities in time of
appropriation. Prior to the filing of claims/payments, the parties may
however, enter into an amicable settlement.

Art. 124. The decisions of the Board mentioned in Article 122 par.1 and
2 shall be immediately executory. Enforcement thereof may only be
suspended upon payment of a bond in an amount to be fixed by the
Board to answer for damages occasioned by the suspension or stay of
execution shall have been filed by the appealing party or upon a writ of
injunction issued by a competent court.

Art. 125. The Board or its duly authorized representatives, in the
exercise of its power to investigate and decide cases brought to its
cognizance shall have the power to administer oaths, compel the
attendance of witnesses by subpoena and the production of relevant
documents by subpoena duces tecum.


Art. 126. The Board shall have the power to issue writs of execution
and enforce its decisions. In the exercise of such powers, the Board
may utilize the services of national or local police and other concerned
agencies.

Non-compliance or violation of such orders or subpoena and
subpoena duces tecum shall be punished in the same manner as direct
contempt of an inferior court.

Art. 127. The decisions of the Board in the exercise of its original
jurisdiction may be appealed to the Court of Appeals in accordance with
Rule 43 of the Revised Rules of Court.

CHAPTER X
PENAL PROVISIONS

Art, 128, The following acts shall be penalized by suspension or
revocation of the violator’s water permit and/or Certificate of Public
Convenience or other right to the use of water and/or a fine in an
amount not exceeding Five Thousand Pesos (P5,000.00) per day, in the
discretion of the Board.

1, For water resource violations:

a. Appropriation of water without a water permit.

b. Appropriation of subterranean or groundwater for domestic use
by an overlying landowner without registration required by the
Board.

. Non-observance of any standard of beneficial use of water.

. Failure of the appropriator to keep and submit a record of water
withdrawal.

e. Failure to comply with any of the terms or conditions in a water

permit or a water rights grant.

f. Unauthorized use of water for a purpose other than that for
which a right or permit was granted.

g. Construction or repair of any hydraulic work or structure
without duly approved plans and specifications, when required.

h. Failure to install a regulating and measuring device for the
control of the volume of water appropriated.

i. Unauthorized sale, lease, or transfer of water and/or water
rights.

j. Failure to provide adequate facilities to prevent or control
diseases when required by the Board in the construction of any
work for the storage, diversion, distribution and utilization of
water.

k. Drilling of a well without permission of the Board.

Utilization of an existing well or pond or spreading of water for

recharging subterranean or groundwater supplies without

permission of the Board.

a0


m, Violation of or non-compliance with any order, rule, or
regulation of the Board,

n. Illegal taking or diversion of water in an open canal, aqueduct or
reservoir.

o. Malicious destruction of hydraulic works or structures valued at
not exceeding Fifty Thousand Pesos (P50, 000.00).

2, For water supply and sewerage violations:

a. Operation of water supply and sewerage system without
Certificate of Public Convenience.

b. Sale, lease, or transfer of Certificate of Public Convenience and/or
management and operation of waterworks system, water supply
and sewerage systems and services without _ prior
authority/ approval from the Board.

c. Violation of any rules and regulations prescribed by the Board in
the operation of waterworks and sewerage system.

d. Providing unsafe, improper, or inadequate service or withholding
or refusing of such service which can be reasonably demanded or
furnished.

e, Tampering of water meters, water supply and sewerage lines
and malicious destructions of water lines.

fi Charging of water rates without authority from the Board.

g. Charging of water rates not in accordance with the amount
approved by the Board.

The fines herein prescribed shall be increased by 10% for every
five years to compensate for inflation and to maintain deterrent effect of
such fine.

Art. 129. A fine not exceeding Fifty Thousand Pesos (P50,000.00) or
imprisonment for not more than three (3) years, or both such fine and
imprisonment, in the discretion of the Court, shall be imposed upon
any person who commits any of the following acts:

1. Appropriation of water without a water permit, unless such
person is expressly exempted from securing a permit by the
provisions of this Act.

2.. Unauthorized obstruction of an irrigation canal.

3. Cultivation of a river bed, sand bar or tidal flat without
permission.


4, Malicious destruction of hydraulic works or structure valued at
not exceeding Two Hundred Fifty Thousand Pesos (P250,
000.00).

B. A fine exceeding Thirty Thousand Pesos (P30,000.00) but not
more than Sixty Thousand Pesos (P60,000.00) or imprisonment
exceeding three (3) years but not more than six (6) years, or both such
fine and imprisonment in the discretion of the Court, shall be imposed
on any person who commits any of the following acts:

1. Unauthorized operation of waterworks system and sewerage
system and service.

2, Distribution for public consumption of waste water which
adversely affects the health and safety of the public.

3. Excavation or enlargement of the opening of a hot spring
without permission.

4. Unauthorized obstruction of a river or waterway, or occupancy
of a river bank or seashore without permission.

5. Establishment of a cemetery or a waste disposal area near a
source of water supply or reservoir for domestic or municipal
use without permission.

6. Constructing, without prior permission of the government
agency concerned, works that produce dangerous or noxious

- substance, or performing acts that result in the introduction of
sewage, industrial waste, or any substance that pollutes a
source of water supply.

7. Dumping mine tailings and sediments into rivers or waterways

. without permission.

8, Malicious destruction of hydraulic works or structure valued
more than Two Hundred Fifty Thousand Pesos (P250,000.00)
but not exceeding One Million Pesos (P1,000,000.00)

C. A fine exceeding Sixty Thousand Pesos (P60,000,00) but not
more than One Hundred Thousand Pesos (P100,000.00) or
imprisonment exceeding six (6) years but not more than twelve (12)
years, or both such fine and imprisonment, in the discretion of the
Court shall be imposed upon any person who commits any of the
following acts:

1. Misrepresentation of citizenship in order to qualify for water
permit or Certificate of Public Convenience.

2. Malicious destruction of a hydraulic works or structure, valued
at more than One Million Pesos (P 1,000,000.00).

Art, 130. If the offense is committed by a corporation, trust, firm,
partnership, association or any other juridical person, the penalty


shall be imposed upon the President, General Manager, and other
guilty officer or officers of such corporation, trust firm, partnership
association or entity, without prejudice to the filing of a civil action
against said juridical person. If the offender is an alien, he shall be
deported after serving his sentence, without further proceedings.

After final judgment of conviction, the Court upon petition of
the prosecuting attorney in the same proceedings, and after due
hearing, may, when the public interest so requires, order the
suspension or dissolution of such corporation, trust, firm,
partnership, association or juridical person.

Art, 131. All actions for offenses punishable under Article 128 of this
Act shall be brought before the proper court.

Art, 132. Actions for offenses punishable under this Act by a fine of
not more than Thirty Thousand Pesos (P30,000.00) or by an
imprisonment of not more than three (3) years, or both such fine and
imprisonment, shall prescribe in five (5) years; those punishable by a
fine exceeding Thirty Thousand Pesos (P30,000,00) but not more than
Sixty Thousand Pesos (P60,000.00) or an imprisonment exceeding
three (3) years but not more than six (6) years, or both such fine and
imprisonment, shall prescribed in seven (7) years; and those
punishable by a fine exceeding Sixty Thousand Pesos (P60,000.00) but
not more than One Hundred Thousand Pesos (P100,000.00) or an
imprisonment exceeding six (6) years but not more than twelve (12)
years, or both such fine and imprisonment, shall prescribed in ten
(10) years

CHAPTER XI
FINAL PROVISIONS

Art. 133, When priority in time of appropriation from a certain source
of supply cannot be determined, the order of preference in the use of
the waters shall be as follows:

a. Domestic
b. Municipal

c. Irrigation

d. Power generation
e. Fisheries

f. Livestock raising
g. Industrial use

h. Commercial

i. Recreation, and

j. Other uses


In case conflict may arise in the determination of the priority as
mentioned above, determination of priority may be taken from the date
of the approval thereof.

When two or more permittees with the same source and purpose
have the same date of approval, priority in the utilization of water shall
be reckoned from the date of filing of the application without prejudice
to whatever arrangement that may be agreed upon by the permittees

Art. 134, No vested or acquired right to the use of the water can arise
from acts or omissions which are against the law or which infringe
upon the rights of others.

Art. 135, Existing contracts under the regime of old laws, if they are
valid in accordance therewith, shall be respected, subject to the
limitations established in this Act. Any modification or extension of
existing contracts after the promulgation of this Act shall be subject to
the approval of the Board.

Art, 136. Implementing rules and regulations promulgated by the
Board shall continue to have binding force and effect, when not in
conflict with the provisions of this Act.

Art. 137, General and Transitory Provisions. A substantial compliance
with the requirements of this Act shall be sufficient to give effect to all
the rules, orders and regulations of the Board and they shall not be
declared inoperative, illegal or void for any omission of a technical
nature in respect thereto.

Art. 138, Arbitration provision. All conflicts, controversies and issues
related to water rights and Certificate of Public Convenience
applications shall be subject to arbitration in accordance with the
provisions of RA 9285 otherwise known as “Alternative Dispute
Resolution Act of 2004”.

Art. 139. If any provision or part of this Act, or the application thereof
to any person or circumstance, is declared unconstitutional or invalid
for any reason, the other provisions or parts therein shall not be
affected.

Art, 140. The following laws, parts and/or provisions of laws are
hereby repealed:

The provisions of the Spanish Law on Waters of August 3,
1866, the Civil Code of Spain in 1889 and the Civil Code of the
Philippines (R.A. 386) on ownership of waters, easements relating to
waters, use of public waters and acquisitive prescription on the use of
waters, which are inconsistent with the provisions of this Code;


The provisions of R.A. 6395, otherwise known as the Revised
Charter of the National Power Corporation, particularly section 3,
paragraph (f), and section 12, insofar as they relate to the
appropriation of waters and the grant thereof;

‘The provisions of Act No. 2152, as amended, otherwise known
as the Irrigation Act, section 3, paragraph (k) and (m) of P.D. No. 813,
R.A, 2056; Section 90, C.A. 137;

The Provisions of PD 198 (operation of waterworks system)
(fixing or determination of rates), Local Government Code (general
welfare clause), IPRA, NIPAS Act, Public Service Law and all laws
creating Economic Zone Authorities, relating to ownership,
appropriation, utilization, exploitation, development, conservation and
protection of water resources and management of water utilities and
sewerage system and services; and

All decrees, laws, acts, parts of acts, Rules of Court, Executive
Orders, and administrative regulations which are contrary to or
inconsistent with the provisions of this Act.

Art. 141. This Act shall take effect upon its promulgation.

Approved.