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Republic of the Philippines

House of Representatives
Queson City, Metro Manila

EIGHTHEENTH CONGRESS
First Regular Session

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Introduced by Representative TEODORICO “NONONG’ T. HARESCO, JR.

AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES,
AND FOR OTHER PURPOSES.

EXPLANATORY NOTE

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

Climate change hazards (rainfall variability, increasing temperatures, rising sea
level and more extreme weather), which pose major risks to water resources and a
growing population, will further aggravate this situation. The downscaled climate
projections of the Philippine Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA) have shown that the country’s water resources will be one
of the most adversely affected by climate hazards. This highlights the urgent need to
properly plan for and manage our finite water resources in order to meet the increasing
demand of a growing population, continuing economic development amidst many

competing users.

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

Access to safe and potable drinking water as a basic right was recognized by the
United Nations as one of its Millennium Development Goals (MDGs) in July 28, 2010.


122 countries formally acknowledged this “right to water” in a UN General Assembly.
Barely two months later, the ITN Human Rights Council adopted a binding resolution
recognizing that the human right to water and sanitation is part of the right to adequate
standard of living.

Yet, in the Philippines, as of 2015, more than 12 million people still get water
from unsafe sources. More than four million people do not have access to sanitary
toilets and, thus, defecate openly. An additional two million Filipinos are limited to
unimproved sanitation facilities.

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

Based on the 5-year data from the National Epidemiology Center of the
Department of Health, 31% of illnesses was water related'. It has been estimated that
the economic impacts of poor sanitation to be in the order of US$14 billion, equivalent
to about 1.5% of GDP in 2005 with health impacts accounting for 72% at US$IB.
Episodes of red tides and fish kills in different parts of the country highlight the extent
of the losses of livelihood of our fisherfolks from polluted waters. And the recent
closure of Boracay due to severely polluted waters, mainly coming from sewage, also
highlights the adverse impacts of dirty waters on the tourism industry, which is a major
contributor to economic growth.

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

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

Consistent with the various studies, plans, and initiatives conducted in the past
two (2) decades which have supported the need for the establishment of a strong apex
body for the water resources sector, the Philippine Development Plan (2017-2022)
identified as a primary strategy for the water supply, sewerage and sanitation sub-
sector the creation of an apex body for water resources management and the

1 Excluding Timor Leste and Brunei who were not included in the study.


formulation of masterplans to address the fragmented structure and that foster
coordinated efforts across the country. This actually holds true for the entire water
sector.

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

It is thus proposed that a Department of Water Resources be created to ensure
that Filipinos benefit from this fundamental human right and that this finite resource be
manageably sustained.

The immediate passage of this bill is earnestly sought.

ees
(Eee || '
TEODORICO “NONONG’ T, RESCO, JR.


EIGHTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

4098
H. B. No.

Introduced by Representative TEODORICO “NONONG” T. HARESCO, JR.

AN ACT
CREATING THE DEPARTMENT OF WATER RESOURCES,
AND FOR OTHER PURPOSES

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

assembled:

CHAPTER I. GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Department of Water
Resources Act of 2019.”

SEC. 2. Declaration of National Policy. - It is hereby declared the policy of the State to
ensure the provision of safe, adequate, affordable and sustainable water supply and
improved sanitation services, while maintaining the protection, preservation and
revival of the quality of the country’s water resources and ecological balance.

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

a) Department refers to the Department of Water Resources.

b) Flood Control refers to methods, acts and protocols to be observed in order to
prevent and reduce the detrimental and catastrophic effects of flood waters
which include sediment-laden or turbid flows, hyper-concentrated flows or
debris flows.

°)

Flood Risk Management or FRM refers to such acts of defining and determining
the appropriate methods, acts and protocols aimed at preventing and reducing
the risk of incurring loss of both life and property due to flood waters. Flood risk
management consists of a cycle of prevention, mitigation, adaptation,
preparedness and early warning, and finally, response and recovery. The
elements of FRM include: integrating land-use planning, coastal zone
management into water management; adopting a holistic approach so that FRM
is part of wider risk or multi-hazard management (earthquake, landslides, storm
surge, etc.); managing risk and uncertainty as a whole so it is not only
hydrological uncertainties but also social, economic and political uncertainties in
view of the human behavior and cultural dimensions of FRM.


d) Gender Equality refers to the principle asserting the equality of men and women
and their right to enjoy equal conditions realizing their full human potentials to
contribute to and benefit from the results of development, and with the State
recognizing that all human beings are free and equal in dignity and rights.

e)

Infrastructure and Public Works as used in this Act should be read to apply only
to wholly or primarily water-related projects, and shall not be read to incorporate
projects which would not otherwise fall within the purview of the objectives,
power and duties of the Department.

f) Integrated Water Resource Management or IWRM refers to the systematic,
collaborative and multi-stakeholder process, which promotes the coordinated
development and management of water, land and related resources within
geophysical boundaries in order to maximize the resultant economic and social
welfare in an equitable manner and without compromising the sustainability of
vital ecosystems.

g) Levels of Water Supply Service shall mean as follows:

1. Level I (Point Source) - a protected well or a developed spring with an outlet
but without any distribution system, generally adaptable for rural and
upland areas where the houses are thinly scattered. A Level 1 Water Supply
Service usually serves an average of fifteen (15) households.

2. Level I (Communal Faucet System or Stand Posts) - a system composed of a
water source, a reservoir, a piped distribution network, and communal
faucets. Usually, one (1) Communal Faucet System serves four (4) to six (6)
households. It is generally suitable for rural and urban fringe areas where
houses are clustered densely to justify a simple piped system.

3. Level III (Waterworks System or Individual House Connections) - a system
with a water source, a reservoir, a piped distribution network and household
taps. This is generally suited for densely populated urban areas.

h)

Local Government Unit or LGU refers to the territorial and political subdivisions
of the Philippines as defined under the 1987 Constitution of the Philippines,
which includes provinces, cities, municipalities and barangays.

National Disaster Risk Reduction Management Council or NDRRMC refers to.
the body that provides for the development of policies and plans and the
implementation of actions and measures pertaining to all aspects of disaster risk
reduction and management, including good governance, risk assessment and
early warning, knowledge building and awareness raising, reducing underlying
risk factors, and preparedness for effective response and early recovery.

j) Philippine Development Plan or PDP refers to the country’s medium-term
development plan from 2017 up to 2022, in the improvement of Philippine
infrastructure, increasing energy access, lowering costs for citizens, keeping up
with economic growth, and staying within the bounds of global agreements for
climate change and sustainable growth.

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


1) Sanitation refers to sewage, sanitation and septage management.
m) Sediment Management refers to control of sediment erosion and deposition in
rivers, reservoirs and coastal zones through non-structural and structural

measures and control works.

n)

Sustainable Development Goals or SDG refers to the shared blueprint adopted
by the United Nations Members in 2015 for peace and prosperity for people and
the planet, now and into the future, for ending poverty and other deprivations,
improvement of health and education, reduction of inequality, and spurring of
economic growth, while tackling climate change and working to preserve the
planet's oceans and forests.

0)

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

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

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

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

8)

Social Inclusion rrefers to the process of improving the terms for disadvantaged
individuals and groups to take part in society.

t) Tariffs refer to such amounts which may be charged by licensees of water supply
and/or sanitation services for their services based on principles, standards and
guidelines established by the Department.

u) Water Demand Management or WDM refers to any method, whether technical,
economic, administrative, financial, or social, that will accomplish one or more of
the following things: (1) reduce the quantity or quality of water required to
accomplish a specific task; (2) adjust the nature of the task or the way it is
undertaken so that it can be accomplished with less water or with lower quality
water; (3) reduce the loss in quantity or quality of water as it flows from source
through use to disposal; (4) shift the timing of use from peak to off-peak periods;
and (5) increase the ability of the water system to continue to serve society
during times when water is in short supply.


v) Water Resources Regional Offices or WRROs refer to the Field Office of the
Department which are to be established in accordance with the identified water
resources regions in the country.

w) Water Service Providers or WSPs refer to the water districts, any LGU-run water
utility, Barangay Waterworks and Sanitation Associations, Rural Waterworks
and Sanitation Associations, Water Cooperatives and private water service
providers who provide water supply services to any given area.

x)

Water Supply Service refers to any activity comprising Levels I, Il and II] Water
Supply, including bulk suppliers, suppliers to subdivisions and other water
service providers.

CHAPTER II. ORGANIZATION

SEC. 4. The Department of Water Resources. - There is hereby created and established
the Department of Water Resources, hereinafter referred to as the “Department,” which
shall be organized within one hundred eighty (180) days after the effectivity of this Act.
The Department shall have the organizational structure, powers and functions needed
to perform its mandate as provided in this Chapter.

SEC. 5. Mandate of the Department. - The Department shall be the primary agency
responsible for the comprehensive and integrated water resources development and
management for the Philippines. It shall exercise such powers and functions needed to
review, revise, harmonize, and integrate policies and regulations for the conservation of
water resources and the effective management of water supply, sanitation, irrigation,
hydropower, flood control, stormwater or urban drainage. The Department shall be
guided by the Integrated Water Resources Management (IWRM) Framework, take
climate risks into account, and ensure sustainability of natural ecosystem functions and
services. In managing the country’s water resources, the Department shall aim to
improve water conservation and increase system efficiencies, and optimize the use of all
freshwater in the country, including groundwater, surface water, rainwater, run-offs,
floods, stormwater and urban drainage, and treated wastewater to meet the country’s
diverse needs.

SEC. 6. Objectives of the Department. - Consistent with its mandate, the Department
shall have the following objectives:

a) To prioritize and seek the immediate attainment of universal access to safe,
adequate, affordable, and sustainable water supply and improved sanitation
services for all Filipinos, in a manner consistent with the protection, preservation
and revival of the quality of the country’s water resources, and to adopt all
needed measures to advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature;

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


c) To ensure that integrated water resources management is strongly coordinated
with land use or land cover, coastal zone and multi-hazard planning and
management;

d) To ensure and oversee the implementation of the Water Code of the Philippines;

e)

To promote State participation in information-sharing and education on the best
practices in the international movement to achieve universal access to safe water
and improved sanitation and integration in the development of water, energy,
food security and environment planning and policy-making;

’o ensure that gender equality, social inclusion, climate resiliency and disaster

T that gender equality, social inclusion, climate resiliency and disast.
risk reduction are integrated into any water resources management planning,
policy-making, and the design and construction of any water infrastructure;

g) To strengthen and coordinate policy-making and planning for flood
management, integrated with stormwater or urban drainage and appropriate
retention or retarding basins in order to plan against, prevent, and minimize the
detrimental and catastrophic effects of flooding to the country;

h)

To encourage and enable private sector participation in the continued growth
and development of the water sector;

i) To promote and adopt water demand management as a national policy to ensure
that water is optimized, with water efficiency and conservation becoming a way
of life, for recycling and reuse of water and treated wastewater to be widely
practiced, for the proper pricing of water resources to encourage efficient use and
its conservation, and that rainwater, flood waters, and run-offs are captured or
harvested, stored and treated for future use;

j) To ensure that the planning and design of water infrastructure considers the
highest efficiency and most appropriate quality, in accordance with national
development objectives; and

k) To ensure the effective implementation of all the provisions of Republic Act
Number 9275, otherwise known as the Clean Water Act of the Philippines.

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

I. Policy-making and Planning:

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

Db)

Provide policy direction, strategies, and targets in coordination with other
relevant entities to meet the goals and objectives for water supply and sanitation,
water quality, irrigation, hydropower, flood control, stormwater, and urban
drainage. Such policies shall, among other things, integrate the issues of water
and sanitation, food security, energy, environment and flood control;


©) Formulate and develop policies to promote universal access to safe, adequate,
affordable, and sustainable water supply, and improved sanitation services for
all Filipinos;

d) Formulate and promulgate rules and regulations for the development, and
optimum utilization of water resources and its administration and management,
including coherent water protocols and operation rules of all existing and future
water infrastructure; and the imposition on fees or charges as may be deemed
necessary by the Department for water resources development;

e)

Develop, in consultation with other agencies and stakeholders, the National
Water Resources Management Master Plan following the IWRM framework and
building on the 1998 Master Plan Study on Water Resources Management, the
Philippine Water Supply and Sanitation Master Plan, and existing plans of other
agencies;

f) Conduct continuing hydrologic surveys and studies of the country’s renewable
water supply, establish, operate and maintain observation station networks, with
a view towards formulating long-term policies to balance the sustainability and
optimal multiple use of water resources, defining the hydrologic boundaries of
basins of the existing water supply sources, and developing or updating and
implementing countrywide comprehensive basin-wide master plans;

g) Establish, operate, and maintain a centralized water resources data center

necessary for the scientific survey and appraisal of surface and ground water
potentiais of the country, and determine the annual renewable water available
per water resources region;

h)

Assist and provide the National Economic and Development Authority (NEDA)
Secretariat with required data and input from and for the water sector in the
formulation of the country’s short-term and long-term strategic development
plans and actions, and recommend the adoption of general policies and
guidelines for water resources development to the NEDA Secretariat;

i) Review and approve water resources development plans and programs of any
agency within the context of the National Water Resource Management Master
Plan and overall national plans and program;

j) Regularly review regulations prescribed by any government agency pertaining
to water use, exploitation, development, conservation or protection of waters,
water resources, and watershed or basin areas;

k)

Develop and implement, in coordination with other relevant agencies, effective
codes, standards, benchmarks, and reasonable guidelines to ensure the safety of
all public and private water structures in the country, and assure efficiency and
proper quality in the construction of water, sanitation, irrigation, hydropower,
flood control and drainage infrastructure;

1) Review existing guidelines appropriate for Private Sector Participation in the
water sector, and make needed recommendations to the Public-Private
Partnership (PPP) Center, NEDA and other concerned agencies to promote and
enable more PPPs in the sector;


m) Effect inter-sectoral, inter-agency, and inter-departmental coordination on all
aspects of data gathering for water resources development planning, and compel
submissions of statistics and data on water management, with the aim of
operationalizing the integrated approach to water resources management;

n)

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

Il. Resource Regulation:

a)

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

b) Regulate and control the utilization, abstraction, diversion and development of
water resources, taking in consideration its equitable distribution among
competing demands and determine the standards of beneficial and priority uses
of water in times of crisis and national emergencies;

°)

Determine, adjudicate, and grant water rights, amending for this purpose Act
No. 2152 and other laws relating to the appropriation and utilization of surface
and groundwater;

d) Formulate and enforce rules and regulations for the development and optimum
use of water resources and its administration and management, and implement
rules and guidelines for the enforcement of water-related laws, including
coherent water protocols, operational rules of all existing and future water
infrastructure, and appropriate sanctions to be imposed for non-compliance;

IIL Administration and Management:

a) Develop guidelines, including rules of partnership, among the Department, Field
Offices of national government agencies, LGUs, and other stakeholders, and
facilitate the establishment of multi-stakeholder River Basin Organizations
(RBOs) per river basin, and strengthen and support existing RBOs and monitor
their activities;

b) Develop materials for capacity building and training on RBO development, and
conduct training and workshops for prospective river basins;

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

d) Provide technical assistance to water users, including, but not limited to, farmers,
communities, LGUs and other Water Service Providers (WSP) whether directly
or in coordination with other agencies on all aspects of integrated water
resources management;


e) Respond to consumer complaints, and ensure the adequate promotion of
consumer interests;

Deputize agents, whether from the public or private sector, to assist in the
P' Bi Pt PI
performance of any of the powers and functions of the Department;

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

IV.Coordination:

a) Coordinate and integrate, on a sound and logical basis, water resources
development activities of the country within the context of national plans and
policies for social and economic development;

b) Coordinate with other government agencies, universities and private
professional groups for all aspects of data gathering, the conduct of special
studies and research on all related aspects of water resources management and
development such as climate change, environmental quality, desalination, and
the development of operating strategies, procedures, and protocols with
accompanying computerized decision tools for major water facilities;

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

) Proactively coordinate with LGUs to ensure the integration of water resources
development plans into their comprehensive land use plans (CLUPs),
Comprehensive Development Plans (CDPs) or Provincial Physical Framework
and Development Plan (PPFDP).

V. General Provisions:

a) Exercise such other powers and functions necessary or incidental to the effective
administration and management of the country’s water resources; and,

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

SEC. 8. Secretary of the Department of Water Resources. - The authority and
responsibility for the exercise of the mandate of the Department and for the discharge of
its powers and functions shall be vested in the Secretary of the Department of Water
Resources, hereinafter referred to as the Secretary, who shall:

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

b) Establish the policies and standards for the efficient and effective operation of the
Department in accordance with the programs of the government;

©) Promulgate rules and regulations necessary to carry out the Department's
mandate, functions, objectives, policies, plans, programs and projects;


d) Exercise control and supervision, including disciplinary powers over officers and
employees of the Department and over all attached agencies, bureaus, offices,
and corporate bodies in accordance with the law, including their investigation
and the designation of a committee or officer to conduct such investigation;

e)

Represent the Department in the execution of contracts, awards, and the like;

f) As deemed appropriate by the Secretary, delegate authority for the performance
of any power or function, as defined herein to any official and employee who are
under his direction and supervision in accordance with the law;

Formulate such rules and regulations and exercise such other powers as may be
required to implement the objectives of this Act; and

8)

h) Perform such other duties and responsibilities as may be provided by law or
assigned by the President.

No person shall be appointed Secretary unless he or she is a citizen and resident of the
Philippines, of good moral character, of proven integrity, competence, possesses
extensive knowledge of public administration, and has a minimum of ten (10) year-
experience in the administration of water, sanitation, irrigation, flood control and
drainage programs, preferably in a public agency.

SEC. 9. Office of the Secretary. - The Office of the Secretary shall be composed of the
Secretary and his immediate staff as determined by him.

SEC. 10. Undersecretaries. - The Secretary shall be assisted by not more than five (5)
Undersecretaries, who shall be appointed by the President, upon the recommendation
of the Secretary. They shall have the powers and functions as provided for in Chapter 2,
Book IV of the Administrative Code of 1987. The Secretary is hereby authorized to
delineate and assign the respective functional areas of responsibility or responsibilities
of the Undersecretaries: Provided, That, such responsibility shall be with respect to the
mandate and objectives of the Department; Provided, further, That, no Undersecretary
shall be assigned primarily administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:

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

b) Supervise all the operational activities of the assigned units for which the
Undersecretary is responsible to the Secretary; and

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

‘One (1) of the Undersecretaries shall be the Undersecretary for Planning and Policy,
who should be a Career Officer, and shall have primary responsibility, in coordination
with the Planning and Policy Service, for advancing efforts in the pursuit of the ultimate
goal of universal access to water supply and sanitation systems and sustainable
management of water resources. The Undersecretary for Planning and Policy shall also
have the primary responsibility for knowledge sharing and advancement of efforts
around the integration of water, energy, environment and food security.


No person shall be appointed Undersecretary unless he or she is a citizen and resident
of the Philippines, of good moral character, of proven integrity, competence, possesses a
working knowledge of public administration, and has a minimum experience of seven
(7-years in the administration of water, sanitation, irrigation, flood control and
stormwater drainage, preferably in a public agency or with legal, financial or financial
knowledge of such programs; Provided, That only five (5) years of experience shall be
required for the Undersecretary to be assigned for support services.

SEC. 11. Assistant Secretaries. - The Secretary shall be assisted by not more than six (6)
Assistant Secretaries appointed by the President of the Philippines upon the
recommendation of the Secretary: One to be responsible for Planning and Policy
Service; One for Decision Support System Service; One for the Regulatory Service; One
for the Comptrollership and Financial Management Service; One for the Legal and
Legislative Service; and One for the Administrative and Human Resources
Management Service.

No person shall be appointed Assistant Secretary unless he or she is a citizen and
resident of the Philippines, of good moral character, of proven integrity, competence,
possesses a working knowledge of public administration, and has a minimum of five
(©)-year experience in the administration of water, sanitation, irrigation, flood control
and stormwater drainage or other water resources management programs.

SEC. 12. Organizational Structure. - The Department shall be composed of the
following organizational units:

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

b) The Attached Agencies, namely:

i. The Local Water Utilities Administration or LWUA, whose mandate, powers
and functions are defined in Presidential Decree No. 198, as amended, and
which will be transferred from the Department of Public Works and
Highways (DPWH) and to become an attached body to the Department. It
shall continue to be primarily a specialized lending institution for the
promotion, development and financing of local water utilities. In the
implementation of its functions, the Administration shall (a) prescribe
minimum standards and regulations in order to assure acceptable standards
of construction materials and supplies, maintenance, operation, personnel
training, accounting and fiscal practices for local water utilities; (b) furnish
technical assistance and personnel training programs for local water utilities;
(©) monitor and evaluate local water standards; and (d) effect system
integration, joint investment and operation, district annexation, and de-
annexation, whenever economically warranted.

ii, The Metropolitan Waterworks and Sewerage System or MWSS, whose

mandates, powers and functions are defined by Republic Act No. 6324, as
amended, and which will be transferred from the DPWH and to become an

10


iii.

attached body to the Department. It will continue to facilitate the exercise by
the concessionaires of its agency powers, carry out accounting and
notification functions, monitor, report, and administer loans and perform
related functions in connections with existing projects, manage and dispose
its retained assets and manage and operate the Umiray-Angat Transbasin
Project.

The National Irrigation Administration or NIA, whose mandate, power and
functions are stated in Republic Act No. 3601, as amended, and Presidential
Decree No. 552, as amended, and which will be transferred from the Office of
the President and to become an attached body to the Department. It will:

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

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

3. 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;

4. Delegate the partial or full management of NIS to duly organized water
cooperatives or associations;

5. 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 concerned agencies;

6. Charge and collect from the beneficiaries of the water from all irrigation
systems constructed by or under its administration, such fees or
administration charges as may be necessary to cover the cost of operation,
maintenance, and insurance, and recover the costs of construction within a
reasonable period of time to the extent consistent with government policy;
and

7. Recover funds or portions thereof expended for the construction and/or
rehabilitation of communal irrigation systems (CIS), which shall accrue to
a special fund for irrigation development.

The Laguna Lake Development Authority or LLDA, whose mandate,
powers and functions are laid out in Republic Act No. 4850, as amended,
which will be transferred from the Department of Environment and Natural
Resources (DENR) and to become an attached body to the Department. It will
continue to serve as the Laguna Lake management and development
authority similar to a multi-stakeholder river basin organization, and will
ensure the implementation of the Laguna Lake Master Plan, which will be
updated by the Department to ensure alignment with the National Master
Plan for Water Management. Its regulatory powers will however be taken
over by the Department.

‘The Pasig River Rehabilitation Commission or PRRC, which was created by
Executive Order No. 54, Series of 1999, as amended, which will be transferred
from the Office of the President and to become an attached body to the
Department. It will update the existing master plan to ensure consistency
with the National Water Resources Management Master Plan, regulate

n


easement, integrate and coordinate development programs, abate industrial
wastewater and sewerage dumping and enforce environmental laws, relocate
formal and informal settlers, undertake civil works such as dredging, clearing
of structures, cleaning of the river and its tributaries or esteros, prepare
regular status report to the President, coordinate with other national and local
government agencies or units, and formulate its own implementing rules and
regulations.

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

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

SEC. 13. Offices, functions and personnel to be completely subsumed by the
Department, - The following offices with their powers, functions, personnel, applicable
funds and appropriations, records, equipment and property are to be subsumed by the
Department:

a) The National Water Resources Board with all its divisions and sections, whose
mandate, powers, and functions are found in Presidential Decree No. 424, as
amended;

b) The River Basin Control Office of the DENR whose mandate, powers and
functions are found in Executive Order No. 510 and Executive Order No. 816, as
amended;

©) The Manila Bay Coordinating Office of the DENR which was created by virtue of
DENR Special Order 2011-01 to coordinate the efforts of the fourteen (14)
national agencies covered by the Mandamus Order of the Supreme Court to
rehabilitate Manila Bay;

4) The flood management planning and sediment management function of the
Flood Control Management Cluster of the DPWH; and

e) The Water Quality Management Section of the Environmental Management
Bureau of the DENR.

SEC. 14. Functions to be transferred to the Department. -

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

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

SEC. 15. Planning and Policy Service. - The Planning and Policy Service is hereby
created to provide the Department with the capability to undertake water infrastructure
development planning and programming. For this purpose, it shall have the following
functions:

a) Advise the Secretary on all matters relating to water resources planning;

Ra


b) Assist the Undersecretary for Planning and Policy on all matters related to the
specific functions of the position;

°)

Formulate strategies and priorities for water resources management and
development consistent with national development objectives, and initiate or
undertake relevant surveys for development planning;

d) Develop and regularly update a comprehensive and integrated National Water
Resources Management Master Plan, and ensure its integration into existing land
use plans;

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

f) Formulate or update existing River Basin Master Plans or other comprehensive
plans which include all aspects of water management and development, such as
water supply and sanitation, irrigation, flood control and stormwater or urban
drainage, drought risk management, water resource development systems, and
other public water works projects, including phasing of implementation;

Based on the river basin master plan, identify priority packages for water
infrastructure development per river basin, including water supply, sanitation,
irrigation, flood control and stormwater or urban drainage, drought risk
management, water resource development systems and other public works
projects, package project proposals for funding and prioritize project
implementation and the allocation of funds and other resources, and undertake,
supervise, and/or evaluate the conduct of feasibility studies and project
preparation thereof;

8)

h)

Evaluate and appraise all regional and inter-regional infrastructure water
development plans and programs as to their feasibility and consistency with
approved strategies and long and medium-term plans;

i) Initiate regular Department-wide planning exercises and act as the Secretariat
thereof;

j) Gather, analyze, and organize needed statistical data and information;

k) Provide technical assistance related to its functions to the other Services, Bureaus
and the Regional Offices as needed;

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

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

n) Develop guidelines and standards on social inclusion in water resources
management and ensure policies, programs, and plans are compliant with the

gender and development framework of the government;

©) Closely coordinate with the Philippine Atmospheric, Geophysical and
Astronomical Services Administration or PAGASA for rainfall and other climate

13


data, which should be considered in the planning for water resources
development and management and for various water infrastructure; and

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

SEC. 16. Decision Support System Service. - The Decision Support System Service is
hereby created to provide the Department with water resource management tools and
computerized decision support system that incorporates data management system such
as acquisition and database, and model base including physical, design, planning and
decision models. Additionally, the services include those related to networking, data
management, and information and knowledge or learning management systems for
administrative and non-technical support for the Department. The Service is also
responsible for providing the Secretary timely reports on the status of various
Department projects and activities. For this purpose, the Service shall have the
following functions:

a) Provide the Secretary needed and relevant data and processed information to aid
in policy and management decisions under the mandate of the Department;

b) Publish available real-time raw water data as well as verified or validated water

data in print and/or electronic form, presented with tabular and graphical

displays as time series and/or spatial data;

°)

Conduct standard data analysis, such as basic statistical analysis, trend analysis,
analysis of runs, or cluster analysis, among others, and publish the same in print
and/or electronic form;

qd)

Develop and continuously update water resource management, and develop and
institutionalize a computerized decision support system, which is composed of,
but not limited to, a measurement or data acquisition system, information or
database management system, analytical and numerical models for design or
planning and decision or evaluation purposes, and a user-friendly interface,
which includes graphical interface or visualization tools;

e)

The specific models to be developed and maintained should include, but not
limited to, the following: Long-term climatologic and weather forecasting model;
watershed models and river-floodplain models; groundwater models that are
coupled to surface water models; flood forecasting model for major rivers;
optimization-simulation and/or management models for _ watershed
conservation, conjunctive surface and groundwater use, irrigation scheduling,
normal and emergency operations of multipurpose reservoirs; and water quality
and ecological models;

f) Develop and manage the management information system and knowledge
systems of the Department, including the retrieval and processing of monitoring
information on all projects and activities of concern to the Secretary and the web
portal, and conduct systems and process engineering, software development,
software configuration management; develop and manage the Department's
corporate database, unified database for water industry, data warehouse, other
water information resources, library services and document management and
archiving services; develop and manage the Department's Information and
Communication Technology (ICT) infrastructure and provide related-

4


services tothe Department including computer _networking, voice
communications services and data exchange, manage the literacy and training
services of the Department on various Information and Communication
Technology and Knowledge Management tools and applications; 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.

SECT. 17. Administrative and Human Resource Service. - The Administrative and
Human Resource Service is hereby created to provide the Department with services
relating to human resources development, personnel, records, facilities maintenance,
medical and dental, security and property and procurement services. For such
purposes, it shall have the following functions:

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

b)

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

°

Provide services related to human resources training, education and
development including manpower, career planning and forecasting, and
development of indigenous training materials;

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

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

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

g) Develop, establish and maintain an efficient records system;
h) Provide assistance in its area of specialization to the Department Proper, Bureaus
and Regional and District Offices and, when requested, to the attached

government agencies, bodies, and corporations; and

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

SEC. 18. Legal and Legislative Service. - The Legal and Legislative Service is hereby
created to provide the Department with services on such legal affairs as contract letting
and litigation, legal and legislative research, complaints and investigation, legal
counselling and other matters of law. For such purposes, it shall have the following
functions:

15


a) Advise the Secretary on all matters relating to legal and legislative affairs;

b) Prepare Department contracts and legal instruments, review and interpret all
contracts and agreements entered into by the Department, and evaluate all legal
proposals;

©) Conduct administrative investigation as well as the review of administrative
charges against officers and employees of the Department;

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

©)

Provide legal assistance to the Department Proper, the Bureaus and Regional
Offices and, when requested, to the attached government agencies, bodies, and
corporations;

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

g) Coordinate and maintain linkages among the various offices, bureaus, regional
offices and attached agencies to the Department along with other government
agencies on policy matters affecting the Department's mandate in relation to
legislation;

h) Maintain effective liaison with the Congress and the Senate regarding legislative
inquiries and enactment of water bills or other laws that will affect water into
law;

Monitor the progress of the Department's priority or certified bills to ensure its
successful passage into laws; 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. 19. Comptrollership and Financial Management Service. - The Comptrollership
and Financial Management Service is hereby created to provide the Department with
coordinated services relating to financial systems and procedures, budget, cash,
accounting and all financial housekeeping matters. For such purposes, it shall have the
following functions:

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

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

©) Develop and maintain accounting, financial and assets management systems,

procedures and practices in the Department Proper, Bureaus and Regional
Offices;

16


d) Review and appraise systems and procedures, organizational structure, assets
management practices, accounting, and other records, reports, and performance
standards, such as budgets and standard costs of the Department, Bureaus, and
Regional Offices;

j) Provide assistance in its area of specialization to any unit of the Department and,
when requested, to the attached government agencies, bodies, and corporations;

and

°)

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

SEC. 20. Resource Regulation Service, - The Resource Regulatory Service is hereby
created to provide the Department with services on resource regulation of all water-
related services and activities. For such purposes, it shall have the following functions:

a) Advise the Secretary on all matters relating to resource regulations;

b) Determine, grant, and regulate water rights for the appropriate, optimal and
sustainable use of surface and ground water;

©) Determine, evaluate, and grant waterworks and sewerage franchises;

qd

Investigate violations of the water rights and the Water Code and impose the
appropriate sanctions in accordance with existing laws, rules and regulations
which the Department will promulgate;

e)

Adjudicate water-use conflicts; and

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

SEC. 21. Internal Audit Office. - The Internal Audit Office is hereby created for the
purpose of conducting comprehensive audit of various Department activities and will
report directly to the Secretary. Specifically, it shall have the following functions:

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

b)

Conduct management and operations performance audit of Department
activities and units, and determine as to the degree of compliance with
established objectives, policies, standards, methods and procedures, government
regulations and contractual obligations of the Department;

°)

Review and appraise systems and procedures, organizational structure, assets
management practices, accounting and other records, and performance
standards, such as budgets and standard costs, of the Department Proper,
Bureaus and Regional Offices;

d)

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

17


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. 22, Public Affairs Office. - The Public Affairs Office is hereby created for the
purpose of enhancing government relations with all stakeholders including the media.
It shall ensure that women, men, older people and people with disabilities will be
consulted, organized and can take active part in all aspects of water resources
development and management activities. The same Office will also lead the planning
and organizing of the special events of the Department. For such purposes, it shall have
the following functions:

»

b)

°)

d)

°)

8)

h)

a)

b)

°)

Public Awareness:

Advise the Secretary on matters pertaining to public affairs services;

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

Produce and supervise the dissemination of communication materials in line
with the priorities of the Department and the national government public

information programs;

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

Establish editorial policies on print and broadcast media;

Establish and maintain linkages with the tri-media and presence in social media;
Coordinate the conduct of interviews and news conferences;

Act as spokesperson for the Department;

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

functions; and

Coordinate with the appropriate national government agencies tasked with
public information affairs;

Promoting Participation:
Conduct public consultations and discussions;

Develop and disseminate relevant and appropriate materials and programs for
public information and education, as well as advocacy campaign; and

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

18


d) Conduct capability building seminars of various stakeholders to promote
meaningful participation in the Department's policy-making, planning,
development, and implementation of various programs and projects.

Ill. Special Events
a) Coordinate the organization and promotion of special events and water exhibits;
b) Actas the focal point for all water related events; and

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

SEC. 23. Pollution Adjudication Board. - There is hereby created a Pollution
Adjudication Board under the Office of the Secretary. The Board shall be composed of
the Secretary as Chairman, two (2) Undersecretaries as may be designated by the
Secretary, the Director of Water Quality Management Bureau, and three (3) other
representatives from other stakeholders to be designated by the Secretary as members.
The Board shall assume the powers and functions of the National Pollution Control
Commission with respect to the adjudication of water pollution cases under Republic
Act No. 3931, as revised by Presidential Decree No. 984, and the Clean Water Act of
2004. The Bureau of Water Quality Management shall serve as the Secretariat of the
Board. These powers and functions may be delegated to the field officers of the
Department in accordance with rules and regulations to be promulgated by the Board.

SEC. 24. Bureaus. - Each Bureau shall be headed by a Bureau Director who shall be
responsible for efficiently and effectively carrying out the functions of the Bureau
concerned. The Bureau Director shall be assisted by one (1) Assistant Director.

SEC. 25. Bureau of Flood Control and Drainage. - The Bureau of Flood Control and
Drainage is hereby created to plan and design flood control and drainage structures and
facilities in accordance with technical standards, guidelines and manuals. For this
purpose, it shall have the following duties and responsibilities:

a) Formulate policy, strategies and programs on flood risk management in the
context of integrated flood management (IFM) which integrates water, land,
coastal zone and multi-hazard management. In integrating land-use planning
and water management, the Department should harmonize and synthesize plans
to enable the sharing of information between land-use planning and water
management authorities. In integrating hazard management, a holistic approach
should be adopted so that integrated flood management should be part of a
wider risk or multi-hazard management system of fortuitous events or force
majeure;

»b)

Integrate climate change and disaster risk reduction and management in policies
and plans;

9

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

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

19


e)

Prepare feasibility studies of recommended measures in the master plans;

f) Plan and design structural measures for flood control and drainage;

&

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

h) Patrol and investigate rivers including the monitoring of stream flows;

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

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

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

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

m) Advise the Secretary on declaring flood control areas and recommend guidelines
for flood plain management plans in these areas; and

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

SEC. 26. Bureau of Water Quality Management. - The Bureau of Water Quality
Management is hereby created to supervise and control over all aspects of water quality
management to ensure the sustainability of the country’s water resources and the
protection of the environment, considering proper and integrated treatment of
freshwater and wastewater within the whole process. For this purpose, it shall have the
following duties and responsibilities:

a)

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

b)

Establish effluent standards for point sources of pollution;

¢)

Establish internationally accepted procedures for sampling and analysis;

d) Prepare an integrated water quality management framework;

e) Prepare a ten (10)-year water quality management plans for each water quality
management area as part of the River Basin Master Plans and in support of the

National Water Resources Management Master Plan;

£) Classify groundwater sources and prepare a national groundwater vulnerability
map;

g) Classify or reclassify all water bodies according to their beneficial usages using

the established water quality guidelines established;

20


h)

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

i) Collect the wastewater discharge fees for all permittees;

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

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

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

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

n) Serve as the Secretariat of the Pollution Adjudication Board; and

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

SEC. 27. Water Resources Regional Offices. - The Water Resources Regional Offices,
organized per water resources region, shall be responsible for implementing the
mandates, powers and duties of the Department at the field level, except for
policymaking which will be vested solely with the Central Office. The master planning
for the nearby river basins will likewise be the responsibility of the Central Office. For
this purpose, the duties and responsibilities of the Water Resources Regional Offices
shall be as follows:

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

=

Advocate and strongly support the creation and functioning of multi-stakeholder
River Basin Organizations and serve as its Secretariat;

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

d) Ensure the implementation of laws, policies, programs, rules and regulations
regarding the abovementioned infrastructure, as well as public and private
physical structures;

Provide technical assistance related to the water-related functions of other
agencies within the region, especially the local government;

é)

f) Coordinate with other departments, agencies, institutions and organizations,
especially local government units, within the region in the planning and
implementation of the river basin master plans;

21


eI ANuRENE

g) Conduct continuing consultations with the local communities, take appropriate
measures to make the services of the Department responsive to the Central
Office, and recommend such appropriate actions as may be necessary; and

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

The Department shall retain and have such Project Management Offices as may be
required, which shall be under the supervision and control of the appropriate Water
Resources Regional Office Director, unless otherwise determined by the Secretary for
reasons of supra-regional scope, magnitude and multi-functional coverage.

SEC. 28. Water Resources Regional Director. - The Water Resources Regional Offices
shall be headed by a Water Resources Regional Director who shall be responsible for
efficiently and effectively carrying out the duties and responsibilities of the Office.
Towards this end, the Water Resources Regional Director shall, within his/her defined
powers, exercise functional and administrative supervision over all units within the
region, including the authority to commit their resources and personnel to integrated
regional water resources management, water supply and sanitation management, and
flood control and flood risk management initiatives. The Water Resources Regional
Director shall also perform such other related duties and responsibilities as may be
assigned or delegated by the Secretary or as may be required by law.

The Water Resources Regional Director shall be assisted by two (2) Assistant Water
Resources Regional Office Directors who shall exercise supervision respectively over (1)
the planning, project design and evaluation function and (2) technical assistance to
River Basin Organizations within the water resources region.

CHAPTER 3 - TRANSITORY PROVISIONS
SEC. 29, Interface with Other Agencies. ~

a) The Department of Health or the DOH shall continue to have primary authority
and responsibility for setting and enforcing drinking water quality standards.
The Department shall coordinate with the said Department of Health in this
regard, and shall ensure consistency of standards and targets which it will set for
compliance of permittees with the mandated standards of the latter;

b) The Department of Environment and Natural Resources shall continue to have
primary authority and responsibility for protecting the environment and
managing the country’s watersheds;

°)

The Department of Energy and the National Power Corporation shall continue to
have primary authority and responsibility for setting up and running
hydropower plants, ensuring however that any hydropower plant development
plans are consistent with the National Water Development and Management
Plan;

d) The Department shall coordinate with the Department of Agriculture to ensure
agricultural development that reduces sources of long-term pollution for surface
water and groundwater, and agricultural and industrial economic development
that employs water efficiency, water recycling or reuse, and the appropriate
treatment of wastewater;


e) The Department shall coordinate with the National Disaster Risk Reduction
Management Council to ensure that the latter’s plans and designs for flood
control, flood risk management, and drought risk management are aligned with
the objectives and plans of the former; and

f) The Department shall coordinate with relevant government agencies, including
Local Government Units, for development projects, and to ensure cross-cutting
collaboration between and among all water subsectors and facilitate inter-agency
subsector coordination, strategic development, planning, monitoring and
provision of technical, institutional and financial capacity building support to
their different stakeholders at the water subsector level.

SEC. 30. Transfer of Rights and Obligations. - The Department shall, by virtue of this
Act, be surrogated to all the rights and assume all the obligations of the government
agencies and units whose powers and functions have been absorbed, transferred, or
attached to the Department, in accordance with the rules and regulations of the
Commission on Audit. The transfer of powers and functions as herein provided shall
take effect within 6 months of the effectivity of this Act. As such, all affected agencies,
offices, or units shall continue to function under their present mandates until the
transition is fully in effect.

SEC. 31. Funding. - The sum of Two Billion Pesos (R2,000,000,000.00) shall be set aside
from the available funds of the National Treasury, and is hereby appropriated and
authorized to be released for the organization of the Department and its initial
operations. Thereafter, the Department shall submit its annual budget to fully carry out
its powers and functions and achieve its objectives to the Office of the President, for
approval, which shall not be less than the amount provided for in its initial
implementation.

SEC. 32. Repealing Clause. - All laws, orders, rules and regulations, or portions thereof,
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 33. Separability Clause. - If any provisions of this Act or the application of such
provision to any person or circumstances be declared unconstitutional, the remainder of
this Act or the application of such provision to other person or circumstances shall not
be affected by such declaration.

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,