Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. _1685

Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND SANITATION
RESOURCE MANAGEMENT, DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippines during the Global Forum on Water Supply and Sanitation, which was
held in Manila in 1997, envisions “a world class, affordable and sustainable water supply,
sanitation and sewerage system accessible to every Filipino”. It was conceived consistent
with the long-term vision on water, life and the environment or World Water Vision 2025.

In this light, it is imperative upon the government to develop a comprehensive
national water resources management system to fully streamline the water sector and
revitalize it in terms of the efficiency and sufficiency of its service and resources. Hence, the
creation of the Department of Water, Irrigation, Sewage and Sanitation Resource
Management as proposed in this bill seeks to rationalize the water, irrigation, sewage, and
sanitation resource management, including water rights.

Presently, the set-up of water, irrigation, sewage, and sanitation responsibilities of
the government involves, among others, the following agencies:

(1) National Water Resources Board (NWRB), an agency under the Department of
Environment and Natural Resources (DENR) responsible for the enforcement of the Water
Code of the Philippines;

(2) Local Water Utilities Administration (LWUA), an attached agency to the
Department of Public Works and Highways (DPWH) which exercises regulatory power over
all local water districts and rural waterworks and sanitation associations all over the
country;

(3) Metropolitan Waterworks and Sewerage System (MWSS), a government-owned-
and-controlled corporation also attached to the DPWH that is responsible for the water
supply and sanitation in Metropolitan Manila and such contiguous areas as may be added to
its area of jurisdiction; and

(4) National Irrigation Administration (NIA), a government agency under the Office
of the President which is primarily responsible for irrigation development and
management.


In the face of fragmented regulation and management of water resources in the
country, there have been challenges in the coordination and implementation of the national
policies and plans on water, sewage, sanitation, and irrigation, which has resulted in a
backlog in the delivery of water supply and sanitation services to the public.

It must be emphasized that the government's responsibility to provide safe, clean,
accessible and affordable drinking water, sanitation, and irrigation service to the public is
of utmost importance and can be realized through well-coordinated, effective, efficient and
sustainable management of its water and sanitation resources. This has become even more
urgent in the face of the country’s rapid population growth, water pollution, watershed
degradation, increasing agricultural requirements for food production, waterborne
diseases, climate change, and other related factors that need to be adequately addressed
without delay.

The creation of the Department of Water, Irrigation, Sewage and Sanitation Resource
Management will strengthen and coordinate water resource planning and policy-making to
ensure sustainable and fair allocation and efficient use of water resources between water
uses and users such as irrigation, power generation, and farming among others.

Through this proposed agency, the immediate attainment of universal access to safe,
adequate, and sustainable water supply and sanitation services for all Filipinos will be given
priority.

In view thereof, the immediate approval of this measure is earnestly sought.

_—
J—
jicah “Atty. Mike” D.L. Tan
th District, Quezon

Keith


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO._1639

"Introduced by: Hon. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
CREATING THE DEPARTMENT OF WATER, IRRIGATION, SEWAGE AND SANITATION
RESOURCE MANAGEMENT, DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, 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 "Department of Water,
Irrigation, Sewage, and Sanitation Resource Management Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to recognize,
protect, realize, and enhance the right of all Filipinos to safe, clean, affordable, and accessible
drinking water, sanitation and irrigation as essential to the full enjoyment of life and all
human rights and the protection and sustainability of the environment.

In pursuit of said policy, this Act shall have the following objectives:

(a) To prioritize and pursue the immediate attainment of universal access to safe,
adequate, and sustainable water supply and sanitation services for all Filipinos and adopt
all necessary measures directed towards the realization of the human right to water and
sanitation; and

(b) To strengthen and coordinate water resource planning and policy-making to
ensure sustainable and fair allocation and efficient use of water resources between
competing water uses and users, including but not limited to domestic and municipal use,
irrigation, power generation,
farming, fisheries, commercial, and industrial use.

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

(a) Department refers to the Department of Water, Irrigation, Sewage, and Sanitation
Resource Management.

(b) Sanitation refers to sewage, sanitation, and septage management.


(c) Sewerage refers to any system or network of sanitary pipelines, ditches, channels,
or conduits including pumping stations, lift stations, and force mains, service connections
including other constructions, devices, or appliances appurtenant thereof, which includes
the collection, sanitary piping transport, pumping, and treatment of water-borne human or
animal waste removed from residences, buildings, institutions, and industrial and
commercial establishments to point of sewage treatment plant disposal.

(d) Sewage refers to water-carried waste in solution or suspension, including sanitary
waste, commercial waste, industrial waste, agricultural waste, and surface runoff, conveyed
by a sewerage system for treatment or disposal. For purposes of this Act, the definition of
septage shall be included in the use of sewage.

(ec) Septage refers to sludge produced on individual on-site wastewater disposal
systems, principally septic tanks and cesspools.

The terms "infrastructure" and "public works" as used in this Act should be ready to
apply only to wholly or primarily water-related projects and shall not be read to incorporate
projects which would not otherwise fall within the purview of the objectives, powers, and
duties of the Department.

CHAPTER II
ORGANIZATION

SEC. 4. The Department of Water, Irrigation, Sewage, and Sanitation Resource
Management. - There is hereby created and established the Department of Water, Irrigation,
Sewage, and Sanitation Resource Management, hereinafter referred to as the "Department,"
which shall be organized within one hundred twenty (120) days after the effectivity of this
Act. The Department shall be tasked with developing and implementing a comprehensive
water, irrigation, sewage, and sanitation program for the Philippines including, but not
limited to:

(a) Implementing necessary policy and resource reforms with respect to the
management of water, irrigation, sewage, and sanitation;

(b) Monitoring and evaluating compliance with the national goals relating to water,
irrigation, sewage, and sanitation;

(c) Formulating an updated national road map to address the water, sewage, and
sanitation requirements of the State; and

(a) Improving conservation of water and increasing system efficiencies.

SEC. 5. Powers and Duties of the Department, - The Department shall have the
following powers and duties, among others:

(a) Develop policies to promote universal access to safe, adequate, affordable, and
sustainable water supply, irrigation, sewage, and sanitation services for all Filipinos;

(b) Coordinate with relevant government agencies or entities to provide policy
directions, strategies, and targets to meet the goals and objectives for water supply,
irrigation, sewage, and sanitation. Such policies shall among other things, integrate the


issues of water, irrigation, sewage, energy, environment, and food security;

(c) Manage and protect the country's water resources to ensure the optimal use
thereof for domestic water supply, sewage, sanitation, irrigation, hydropower, navigation,
flood control, and recreation, including the enhancement and maintenance of water quality,
conservation of watersheds, control of water pollution, and environmental restoration,
without compromising the natural ecosystem functions and services;

(d) Manage the ownership, appropriation, utilization, exploitation, development,
conservation, and protection of water resources and rights to land related thereto and their
competing demands;

(e) Undertake and coordinate with other agencies and government entities in data
gathering, scientific research, and studies on water resources management and
development, and conduct nationwide hydrologic surveys to determine the annual
renewable water available per water region;

(f) Formulate and enforce rules and regulations in the administration and
management of the country's water resources and implement rules and guidelines for the
enforcement of water-related laws;

(g) Conduct continuing surveys and studies of the country's renewable water supply
with a view towards formulating long-term policies to balance the sustainability and
optimal use of water resources, defining the hydrologic boundaries of basins of the existing
water supply sources, and creating and implementing countrywide master plans for water
resources management and development;

(h) Coordinate with and assist other government agencies in all aspects of data
gathering, conduct studies and research, and classify and establish water quality standards
for surface and groundwater, including national standards for drinking water and
wastewater effluence, in coordination with relevant agencies;

(i) Coordinate with other relevant agencies to engage in flood control and flood risk
management, formulate integrated water resources management (IWRM) policies and
plans, and coordinate the implementation, promotion, revision, and enhancement of IWRM
plans;

(j) Effect. and compel inter-sectoral, inter-agency, and inter-departmental
coordination on water, irrigation, energy, environmental, sewage, and sanitation resources
development planning with the aim of operationalizing the integrated approach to water
resources management;

(k) Regulate and control the utilization, exploitation, abstraction, diversion, and
development of water resources, taking into account its equitable distribution, and
determine the standards of beneficial and priority uses of water in times of crisis and
national emergencies;

(1) Assist and provide the National Economic and Development Authority (NEDA)
with required data and inputs from and for the water sector in the formulation of the
country's short-term and long-term strategic development plans and actions;


(m) Coordinate with other relevant government agencies and develop policies and
plans in respect of water resources for farming, including sustainable mechanisms for
irrigation;

(n) Pass upon, approve, or disapprove all plans, programs, or development projects
of private individuals, corporations, and government agencies, whether national or local,
that affect water resources, its diversion or abstraction, and the construction of hydraulic
facilities, including but not limited to plans and projects in watershed or basin areas of water
supply sources, which have direct or indirect impact on the affected locality's water
resources;

(0) Review from time to time regulations prescribed by any government agency
pertaining to water use, exploitation, development, conservation, or protection of waters,
water resources, and watershed or basin areas;

(p) Authorize its representatives or any deputized agent to enter any property of
public dominion or any private land, building, or enclave, whether inhabited or not, for the
purpose of conducting hydrologic surveys and investigations, including assessing and
evaluating the conditions of water facilities installed, and determining compliance with
water laws and standards;

(q) Require Local Government Units (LGUs) and national agencies to submit zoning
and land use management plans to ensure the integration of water resource management
plans: Provided, That no zoning and land use plan shall become effective and enforceable
unless and until a certification of integration of water, sewage, and sanitation resource
management plan has been issued by the Department. Should the Department have serious
concerns affecting conservation and sustainability of water supply, such concerns must first
be resolved by the Department and the concerned LGU and/or national agency. However, in
the absence of such concerns, the concerned LGU and/or government agency may, ninety
(90) days from the submission of its zoning and land use plan and after submitting to the
Department a written notice of compliance with this provision, proceed with the
implementation of its zoning and land use plan without prejudice to later integration of the
water resource management plan for the locality;

(r) Provide technical assistance to water, irrigation, sewer and sanitation users,
whether directly or in coordination with other agencies, to assist them in applying for water
and irrigation permits and providing data on water, irrigation, sewage, and sanitation
resource usage;

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

(t) Operate, maintain, and administer all national irrigation systems (NIS);

(u) Supervise the operation, maintenance, and repair, or otherwise, administer
temporarily all communal and pump irrigation systems constructed, improved, and/or
repaired wholly or partially with
government funds;

(v) Supervise the operation, maintenance, and repair, or otherwise, administer
temporarily all communal and pump irrigation systems constructed, improved, and/or


repaired wholly or partially with government funds;

(w) Delegate the partial or full management of NIS to duly organized cooperatives or
associations;

(x) Construct multiple-purpose water resources projects designed primarily for
irrigation, and secondarily for hydraulic power development and/or other uses such as
flood control, drainage, land reclamation, domestic water supply, roads and highway
construction, and reforestation, among others; Provided, that the plans, designs, and the
construction thereof, shall be undertaken in coordination with the agencies concerned;

(y) Charge and collect from the beneficiaries of the water from all irrigation systems
constructed under its administration;

(z) In coordination with other relevant government agencies, develop and implement
effective codes, standards and reasonable guidelines to ensure the safety of all public and
private structures in the country and assure efficiency and proper quality in the
construction of water, irrigation, sewage, and sanitation infrastructures;

(aa) Coordinate with relevant government agencies, including the Department of
Environment and Natural Resources, to ensure that the agencies’ respective standards
complement each other when taken as part of a larger whole;

(bb) In coordination with other relevant agencies, ascertain that all plans and project
implementation designs are consistent with current standards and guidelines;

(cc) Provide the works supervision function for all public works construction and
ensure that actual construction is done in accordance with approved government plans and
specifications;

(dd) Assist other government agencies, including LCDs, in determining the most
suitable entity to undertake the actual construction of water, irrigation, sewage, and
sanitation projects;

(ee) Maintain and cause to be maintained all flood control, water resource
development systems, irrigation systems, and other public works throughout the country
except those that are the responsibility of other agencies as directed by the President of the
Philippines or as provided by law;

(ff) Provide integrated planning for flood control, flood risk management, and water
resource development and management systems, other public works;

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

(hh) Determine and require the monitoring and submission of such data, statistics,
and other information as may be necessary for the effective and efficient exercise of its
duties, functions, powers and responsibilities;

(ii) Respond to consumer complaints and ensure the adequate promotion of
consumer interests;


(jj) Deputize agents, whether from the public or private sector, to assist in the
performance of any of the powers and functions of the Department;

(kk) Appoint, hire, and maintain adequate staff and personnel, advisers, and/or
consultants, with suitable qualifications and experience, as necessary;

(II) Manage funds coursed through it under the General Appropriations Act intended
as financial assistance to LWDs or LGUs for the development and/or improvement of water
supply and sanitation facilities;

(mm) Exercise such other powers and functions necessary or incidental to the
effective administration and management of the country's water, irrigation, sewage, and
sanitation resources;

(nn) Exercise such other incidental powers and functions as may be necessary to
attain the objectives of this Act; and

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

SEC. 6. Secretary of the Department of Water, Sewage, and Sanitation. - The authority
and responsibility for the exercise of the mandate of the Department and for the discharge
of its powers and functions shall be vested in the Secretary of the Department of Water,
Sewage and Sanitation, hereinafter referred to as the Secretary, who shall have supervision
and control over the Department and shall be appointed by the President. For such
purposes, the Secretary shall:

(a) Advise the President on the promulgation of executive or administrative orders,
regulations, proclamations, and other issuances relative to matters under the jurisdiction of
the Department;

(b) Establish the policies and standards for the operation of the Department pursuant
to the President's guidelines;

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

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

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

(f) As deemed appropriate by the Secretary, delegate authority for the performance
of any power or function, as defined herein or as delegated by the President, to officers and
employees under the Secretary's direction; and

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

SEC. 7. Office of the Secretary. - The Office of the Secretary shall be composed of the
Secretary and his/her immediate staff.


SEC. 8. Undersecretaries. - The Secretary shall be assisted by not more than five (5)
Undersecretaries, who shall be appointed by the President upon the recommendation of the
Secretary, as follows:

1) One for the Finance Service;

2) One for the Administrative Service;

3) One for the Planning and Engineering Services;

4) One for the Regulatory and Financial Assistance Services; and
5) One for the Operations.

Within her/his functional area of responsibility, an Undersecretary shall have the
following functions:

(a) Advise and assist the Secretary in the formulation and implementation of
Department policies, plans, programs, and projects;

(b) Supervise all the operational activities of the units assigned to her/him, for which
she/he is responsible to the Secretary; and

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

SEC. 9. Assistant Secretaries. - The Secretary shall also be assisted by one Assistant
Secretary for Internal Audit and the five (5) Undersecretaries shall each be assisted by not
more than three (3) Assistant Secretaries likewise appointed by the President of the
Philippines upon the recommendation of the Secretary.

SEC. 10. Organizational Structure. - The Department shall be composed of the
following organization units:

(a) Department Proper consisting of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, the Internal Audit, Finance Service,
Administrative Service, Planning and Engineering Services, Regulatory and Financial
Assistance Services; and Operations; and

(b) Regional Offices, as deemed appropriate and necessary by the Secretary.
SEC. 11. Internal Audit - The Internal Audit is hereby created for the purpose of
conducting comprehensive audit of various Department activities and shall have the

following specific functions:

(a) Advise the Secretary on all matters relating to management control and
operations audit;

(b) Conduct management and operations performance audit of Department activities
and units and determine as to compliance with established objectives, policies, methods and


procedures, government regulations, and contractual obligations of the Department;

(c) Review and appraise systems and procedures, organizational structure, assets
management practices, accounting, and other records, reports, and performance standards
of the Department of Proper and Regional Offices;

(d) Analyze and evaluate management deficiencies and assist top management to
solve problems by recommending realistic courses of action; and

(c) Perform such other related duties and responsib’
delegated by the Secretary or as may be required by law.

ies as may be assigned or

SEC. 12. Finance Service. - The Finance Services is hereby created to provide the
Department with coordinated services relating to financial systems and procedures, budget,
cash, accounting, and financial matters not falling under other Services. For such purposes,
it shall have the following functions;

(a) Advise the Secretary on all matters relating to the accounting of government
expenditures and receipts, budgeting and cash management, project finances, and financial
systems and procedures;

(b) Prepare budget proposals and pursue formal budget authorizations, undertake
budget execution, and prepare and submit all appropriate reports to the proper offices;

(c) Develop and maintain accounting, financial, and assets management systems,
procedures, and practices in the Department Proper and Regional Offices in accordance with
the existing government accounting and auditing rules and regulations;

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

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

SEC. 13. Administrative Service. - The Administrative Service is hereby created to
provide the Department with services relating to human resources development, personnel
records, facilities maintenance, medical and dental, gender and development (GAD),
security, property and procurement services. For such purposes, it shall have the following
functions:

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

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

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


(d) Prepare and/or implement Department GAD plans and budgets and GAD
accomplishment reports;

(e) Develop, establish, and maintain an efficient and cost-effective property
procurement system and facilities and coordinate or otherwise interface with relevant
agencies, whether government or private, for the purpose of developing or upgrading the
system;

(f) Secure and maintain necessary Department facilities, and develop, establish, and
maintain an efficient and effective security system covering, among others, personnel,
physical installations, equipment, documents, and materials, including the conduct of
security investigations;

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

(h) Develop, establish and maintain an efficient records system;

(i) Provide assistance in its area of specialization to the Department Proper and
Regional Offices and, when requested, the government agencies and corporations attached
to the Department; and

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

SEC. 14. Planning and Engineering Services. - The Planning and Engineering Services
is hereby created to provide the Department with the capability to undertake infrastructure
development planning, programming, and implementation. For this purpose, it shall have
the following functions:

(a) Advise the Secretary on all matters relating to infrastructure planning and
implementation;

(b) Formulate strategies and priorities for infrastructure development consistent
with national development objectives and initiate or undertake relevant surveys for
development planning;

(c) Formulate and implement long-range, medium-term and annual development
plans and programs for infrastructure, including flood control, water resource development
systems, and other public works projects, including phasing of implementation and review
and integrate land use plans with such water development plans;

(d) Identify and implement priority packages for infrastructure development,
including flood control, water resource development systems, and other public works
projects, and undertake or supervise and evaluate the conduct of feasibility studies and
project preparation and implementation thereof;

(e) Prioritize project implementation and the allocation of funds and other resources
and package project proposals for funding and implementation;


(f) Evaluate and appraise all regional interregional infrastructure development plans
and programs as to their feasibility and consistency with approved strategies and long and
medium-tens plans;

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

(h) Gather, analyze, and organize needed statistical data and information;

(i) Provide technical assistance related to its functions to the other Services and
Regional Offices as needed; and

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

SEC. 15. Regulatory and Financial Assistance Services. - The Regulatory and Financial
Assistance Services is hereby created to provide the Department with services on all legal
affairs, compliance of attached government corporations, LWDs, RWSAs, cooperatives, and
other associations, including private entities under contractual or concession arrangement
with them, and other private water service providers on the established standards, rules
and regulations relating to: water quality; infrastructure and facilities design and
construction; equipment, materials and supplies; operations and maintenance; personnel;
organization; accounting; tariffs; and other matters subject to regulation. It shall also
provide the Department services on the management of the financial assistance available
and granted to LWDs and RWSAs. For this purpose, it shall have the following functions:

(a) Advise the Secretary on all matters relating to legal affairs and regulation of the
operation of the attached corporations, LWDs, RWSAs, cooperatives and other associations;

(b) Provide legal assistance to the Department Proper and Regional Offices and, when
requested, the attached corporations and boards;

(c) Prepare Department contracts and legal instruments, review of administrative
charges against officers and employees of the Department, members of the top management
of the attached corporations and boards;

(d) Conduct administrative investigation as well as the review of administrative
charges against officers and employees of the Department, members of the top management
of the attached corporations and boards;

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

(f) Establish standards for water quality; design and construction of facilities;
optimum selection of equipment, materials and supplies; procedures for operations and
maintenance of water and sewer equipment and facilities; training of personnel;
organization; uniform accounting system; tariffs;

(g) Review all water rates or charges; and

(h) Manage the financial assistance available and granted to LWDs, RWSAs and other
qualified water utilities.


SEC. 16. Operations. - The Operations is hereby created to provide the Department
through Regional Offices with the capability to plan, design, and implement projects for
water resource development systems, irrigation, flood control, and other public works in
different regions of the country. For this purpose, it shall have the following functions:

(a) Undertake and evaluate the planning, design, construction, and works supervision
functions of the Department for the abovementioned infrastructure within the region;

(b) Undertake the maintenance of the abovementioned infrastructure within the
region and supervise the maintenance of such local infrastructure receiving national
government financial assistance as the Secretary may determine;

(c) Ensure the implementation of laws, policies, programs, rules and regulations
regarding the above-mentioned infrastructure as well as public and private physical
structures;

(d) Provide technical assistance related to their functions to other agencies within the
region;

(e) Coordinate with other departments, agencies, institutions, and organizations
within the region, in the planning and implementation of infrastructure projects;

(f) Conduct continuing consultations with the local communities, take appropriate
measures to make the services of the Department responsive to the needs of the general
public, compile and submit such information to the central office, and recommend such
appropriate actions as may be necessary; and

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

SEC, 17. Regional Director. - Each Regional Office shall be headed by a Regional
Director who shall be responsible for efficiently and effectively carrying out the duties and
responsibilities of the Regional Office. She/he shall also perform such other related duties
and responsibilities as may be assigned or delegated by the Secretary or as may be required
by law.

‘The Regional Director shall be assisted by two (2) Assistant Regional Directors who
shall exercise supervision respectively over (1) the planning, project design, evaluation, and
technical assistance functions of the Regional Office, and (2) the construction, maintenance,
and works supervision functions in the region.

CHAPTER III
TRANSITORY PROVISIONS

SEC. 18. Interface with Other Sector Regulators. - The Department is mandated to
coordinate with the different sector regulators as follows:

(a) The Department of Environment and Natural Resources (DENR) shall continue to
have the primary authority and responsibility for protecting the environment and for the
conservation of water and related natural resources, including protecting water bodies from


waste and pollution and shall promulgate rules, regulations, and standards in this regard.
The Department shall coordinate with the DENR with respect to the conservation of water
resources, protection from sewage and septage waste, and restoration from environment
damage;

(b) The Department of Health (DOH) shall have primary authority and responsibility
for determining and enforcing drinking water quality and sanitation standards. The
Department shall coordinate with the DOH to achieve an integrated approach for sanitation,
including toilets, collection, treatment, and evaluation of wastewater;

(c) The Department shall subsume responsibility from the Department of Public
Works and Highways (DPWH) for wholly or primarily water-related public works projects
including flood control, water resources development, sewerage, sanitation, and the
harnessing and impounding of water. The Secretaries of each department shall coordinate
on the development of evaluation criteria as necessary, to determine proper allocation of
public works projects between the two departments; and

(d) The Department shall absorb the responsibility from the Department of Interior
and Local Government (DILG) on the management and operation of water supply systems
of local government units.

SEC. 19. Transfer of Rights and Obligations. - The Department, shall by virtue of this
Act, be subrogated to all the rights, and assume all the obligations of the relevant parts of
any government agency or unit whose powers and duties have been transferred to the
Department, including the DPWH, National Irrigation Administration (NIA), National Water
Resources Board (NWRB), Metropolitan Waterworks and Sewerage System (MWSS), Local
Water Utilities Administration (LWUA), Metro Manila Development Authority (MMDA), and
the Department of Interior and Local Government (DILG).

The transfer of powers and functions in Section 18 above, as applicable, and agencies
attached thereto, as herein provided for, shall take effect within one hundred eighty (180)
days after the effectivity of this Act. The foregoing transfer of powers and functions shall
include all applicable funds, personnel, records, property, and equipment, as may be
necessary. All offices shall continue to function under their present mandates until
transition is effected as provided for under this Act.

All rights and obligations of said government agencies are hereby transferred to and
assumed by the Department and shall be acted upon in accordance with the rules and
regulations of the Commission on Audit and other pertinent laws, rules, and regulations.

SEC. 20. Separation from Service. - Employees separated from government service as
aresult of this Act shall be entitled to the benefits that they may receive under existing laws,
rules, and regulations.

SEC. 21. Implementing Rules and Regulations. - Within one hundred eighty (180) days
from the effectivity of this Act, the Department, in consultation with the concerned
government agencies, shall promulgate the necessary implementing rules and regulations
for the implementation of this Act: Provided, That such revised implementing rules and
regulations shall only take effect fifteen (15) days following its publication in two (2)
newspapers of general circulation.


SEC. 22. Appropriations. - The amount necessary to carry out the initial
implementation of this Act shall be sourced from any available funds of the National
Treasury and is hereby appropriated and authorized to be released for the organization of
the Department and its initial operations.

‘Thereafter, funds sufficient to fully carry out the objectives, powers, and functions of
the Department shall be appropriated every fiscal year in the General Appropriations Act.

The Department shall submit its annual budget, which shall include, among others,
detailed information on the compensation and benefits received by their employees to the
Office of the President for approval.

SEC. 23. Separability Clause. - If any provisions or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SEC. 24. Repealing Clause. - Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provision of this Act is hereby repealed, modified or amended accordingly.

SEC. 25. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette and in at least one (1) newspaper of general

circulation.

Approved,