Water Code Phil

8/9/2019 Water Code Phil

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Philippine Environmental Laws Water

Helping Communities Defend the Earth

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WATER CODE OF THEPHILIPPINES

Implementing Rules and Regulations

Pursuant to the Water Code of the

Philippines vesting upon the National WaterResources Council the administration andenforcement of the provisions thereof, thefollowing rules and regulations are herebypromulgated:

RULE IAPPROPRIATION AND

UTILIZATION OF WATERS

Section 1. When permit/Authority from the National Water Resources Council Mustbe Secured. As required under theprovisions of P. D. 1067, a permit/authorityshall be secured from the Council in thefollowing instances:

a) Appropriation of water for any purposestated under Article 10 of the Codeexcept for family domestic purposeprovided under Article 6:

b) Change in purpose of the appropriation;c) Amendment of an existing

permit/authority, such as change inpoint or nature of diversion, amount ofappropriation, period of use, etc;

d) Transfer or lease of water right;e) Temporary appropriation and use of

water;f) Developing a stream, lake, or spring for

recreational purposes;g) Lowering or raising the level of the

water of a lake, river or marsh, ordraining the same;

h) Transbasin diversion;i) Dumping of mine tailings or wastes intoa river or a waterway;j) Such other instances that will require a

permit/authority as determined by theCouncil.

In the following instances thegranting of permit/authority required underthe provisions of P.D. 1067, is delegated bythe Council to the corresponding agenciesindicated and permit/authority pertaining toany of these instances shall be secured from

the agency delegated:

a) Excavation for the emission of a hotspring Ministry of Energy;

b) Cloud seeding to induce rainfall Philippine Atmospheric Geophysical & Astronomical Service Administration(PAGASA);

c) Recharging ground water supplies National Pollution ControlCommission.

Whenever necessary the Councilmay exercise any of the above delegatedauthorities.

Section 2. Qualification of Applicants for Permit/Authority. Only the followingmay file an application with the Council forpermit/authority:

a) Citizens of the Philippines;b) Associations, duly registered

cooperatives or corporations organizedunder the laws of the Philippines, atleast 60 percent of the capital of whichis owned by the citizens of thePhilippines;

c) Government entities andinstrumentalities, including governmentowned and controlled corporations.

Section 3. Place of Filing Applications.- Except for those on cloud seeding, anyapplication for permit/authority in Section

1 shall be filed with the Office of the Public Works District Engineer, the NIAprovincial Irrigation Engineer, NPCRegional Managers or the LWUA WaterDistrict General Manager whichever isdesignated as gently by the Council in theprovince where the point of diversion is


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3. Articles of Incorporation or Articlesof Partnership in case applicant is aprivate corporation or Partnership,or Certificate of Registration in caseof cooperatives;

4. When the application involves theuse of groundwater, the locationand spacing of drilling well sitesdetermined graphically by latitudeand longitude should be indicated inthe location plan; and

5. When it involves the reuse of wastewater for human consumption, theapplication should be accompaniedby a clearance from the Departmentof Health allowing the reuse of said waste water and setting forth theconditions therefor.

D. For a Water Permit for Recreational,Fisheries and Other purposes

1. Location and conceptual planshowing the relative location of theproject with the body of water to beutilized for the purpose, determinedgraphically by its latitude andlongitude;

2.

Brief description of the projectincluding among others, how the water is to be used, area of watersurface needed for the purpose oramount of water to be appropriatedand location of diversion canal ifdiversion is to be made, scheme ofdevelopment, and other relevantinformation; and

3. Articles of Incorporation or Articlesof Partnership in case applicant is aprivate corporation or partnership,

or Certificate of Registration in caseof cooperatives.

E. For a Permit for Drainage Purposes 1. Brief description of project for

which drainage scheme is necessary;

2. Location and layout maps ofdrainage works showing area to bedrained, route of drainage canal anddrainage outlet which should be anatural body of water or a natural

waterway;3. Articles of Incorporation or Articles

of Partnership in case applicant is aprivate corporation or partnership,or Certificate of Registration in caseof cooperatives.

F. Such other documents that may berequired by the Council.

Section 5. Other Requirements. Inaddition to the requirements under Section4, the following are required in the specificinstances indicated:

A. For Well Drilling Except whenmanual well drilling will be employed,all applications involving extraction ofground water shall include the name ofa duly licensed well driller who willundertake the drilling. Except formanual well drilling, no person shallengage in the business of drilling wells

for the purpose of extracting groundwater without first registering as a welldriller with the Council.

B. For Transfer of a Water Permit Applications for the transfer of a waterpermit from one person to another shallinclude the reasons for the transfer.

C. For Lease of a Water Permit - Applications for the lease of a waterpermit to another person shall be

accompanied by a duly executedcontract of lease subject to the approvalof the Council. No contract of leaseshall be for a continuous periodexceeding five (5) years; otherwise thecontract shall be treated as a transfer ofpermit in favor of the lessee.


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D. For all Applications to AppropriateWater - Water permit applications filedfor any purpose shall be accompaniedby a Certificate of tree planting,survival, or completion as the case may

be in the name of the applicant asprovided under P. D. 1153.

Section 6. Filing Fee. There shallbe imposed and collected a fee of OneHundred Pesos (P100.00) from everyapplicant, except government agencies, water districts, and duly organizedassociations or cooperatives for irrigation orrural water supply which shall be paid to theCouncil in postal money order thru theoffice where the application is filed.

Section 7. Water Charges. - Except when the appropriation is for familydomestic purposes or when the quantity ofwater appropriate for agricultural use is notmore than 5 liters per second, allappropriators shall pay to the Council in themanner provided under Section 6 hereof, anannual water charge in accordance with thefollowing schedule:

A.

For the use of water whendiverted/extracted from the naturalsource:

Rate of WithdrawalCharge per liter/sec. (liters/second)

1) Not more than 30 P0.502) More than 30 but not exceeding 50

P0. 753) More than 50 P1.00

B. For the use of surface water at itsnatural location for fish culture:1) For a surface area not exceed 15

hectares P20.00/ha.

2) For a surface area of more than 15hectares P300 plus P30/ha. of theexcess over 15 hectares.For this purpose a fraction of a

hectare shall be considered as one hectare.

The Council may revise the abovewater charges or impose special water ratesfrom time to time as the need arises takinginto consideration, among others, thefollowing:

a) Intended use of water;b) Quantity/rate of water withdrawal vis--

vis other users taking into account thewater bearing potential of the source;

c) Environmental effects;d) Extent to which water withdrawal will

affect the source; ande) Development cost of bringing water

from the source.

Section 8. Processing, Posting andSending of Notices of Applications. Uponreceipt of an application for water permit,the Office concerned shall process the sameto determine compliance with therequirements prescribed in Section 4 hereof.If found in order, and upon payment of the

filing fee, notices of the application shall beposted in a conspicuous place in said officeand shall remain posted for a period of Sixty(60) days. Notices of application shalllikewise, be sent by the said office to thefollowing for posting in a conspicuous placefor the same period.

a) Barangay Chairman of the place wherethe point of diversion is located:

b) Municipal Secretary of the town thepoint of diversion is located;

c) The Secretary of the SangguniangPanlalawigan of the province where thepoint of diversion is located;

d) Public Works District Engineer orProvincial Irrigation Engineer as thecase may be.


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Copies of the notice of applicationshall, likewise, be furnished to concernedRegional Offices of the Ministry of Public Works, National Irrigation Administration.National Power Corporation and Ministryof Natural Resources and Local Water

District Office, if any.

Section 9. Action After Posting ofNotices for Appropriation of Surface Waters.

A. Investigation and StudiesAfter seven (7) days from the first day

of posting of notice at the office where the application is filed, the officeconcerned shall determine:

1) The approximate seasonal dischargeof the water source;

2) The amount of water alreadyappropriated for beneficial use;

3) The water requirement of theapplicant as determined from thestandards of beneficial useprescribed by the Council;

4) Possible adverse effects on existinggrantees/permittees or public/private interest;

5)

Environmental effects;6) Land-use economics;7) Whether the area to be irrigated can

be integrated with that of anexisting or proposed irrigationassociation for common irrigationfacilities and

8) Other relevant factors.B. Protests on Applications Any person

who may be adversely affected by theproposed appropriation may file a

verified protest with the Council or withdeputized agency investigating theapplication within sixty (60) days afterposting of the Notice of Application inthe office where the application wasfiled.

Protests to an application for waterpermit shall be governed by the rulesprescribed for resolving water usecontroversies.

C. Action on Application Within thirty(30) days from the first day of postingof notice, the Office investigating theapplication shall transmit the sametogether with all the records, findings offacts and its comments andrecommendations, as well as thosegovernment agencies, if any, to theCouncil for final action through thePublic Works Regional Director.

In cases of application for irrigation,the report shall also be coursed thru theRegional Irrigation Director who shalltransmit the same to the Public WorksRegional Director.

In cases of applications forhydraulic power, the Public Works RegionalDirector shall transmit the application, thruthe Central Office of the National PowerCorporation, Manila, which shall forwardthe same to the Council with its commentsand recommendations within thirty (30)

days from receipt thereof.

Section 10. Action After Posting ofNotices for Appropriation of Ground Water.

A. Permit to Drill The application toappropriate ground water shall beprocessed for adherence torequirements and shall be investigatedin the field to determine any adverseeffect to public or private interest.Protests on the application shall be

governed by Section 9-B hereof. If theapplication meets the requirements andhas been found not prejudicial to publicor private interest it shall betransmitted, following the requirementsof Section 9 hereof, to the RegionalDirector of the Ministry of Public


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Works who is hereby authorized toissue the permit to drill which shall besubject to the following conditions:

1) Drilling operations shall be inaccordance with the rules provided

herein;2) The rate of water withdrawal to be

approved shall be determined afterpumping tests and shall in no caseexceed the rate stated in theapplication;

3) A permit to drill shall remain validfor six (6) months, unless a longerperiod is allowed by the Council forreasonable grounds; and

4) The permit to drill shall be regardedas a temporary permit, and theregular permit shall be issued afterthe rate of water withdrawal hasbeen determined.

B. Result of Drilling Operations Areport on the result of the drillingoperations shall be submitted to theinvestigation office within the 6-monthperiod stated in the preceding section.The report shall include a description ofeach drilling site, the drilling log, the

yield of the well and the assessment ofdata obtained.

C. Investigation and Studies Uponreceipt of the report on drillingoperations the investigating office shallconsider the proposed withdrawal ofground water in relation to thefollowing:

1) Safe yield of the source, reasonableor feasible pumping lift;

2) Beneficial use;3) Adverse effects on existing lawfulusers of water or to public orprivate interest:

4) Effects on the environment;

5) Danger of contamination ofaquifers, deterioration of waterquality or salt water intrusion;

6) Adequacy of proposed well, works,plans and specifications towardsmeeting prescribed standards; and

7) Comments and/orrecommendations of other agencies.

D. Final Action on Application Withinthirty (30) days from the first day ofreceipt of report of well drillingoperations, the Office investigating theapplication shall transmit, through thePublic Works Regional Director, to theCouncil, for final action the applicationfor water permit, together with all therecords, findings of facts and itscomment and recommendations as wellas those of other government agencies.

Section 11. Council Action. TheCouncil shall approve or disapproveapplications for water permits, within sixty(60) days after receipt of recommendationof its deputized agent and other agenciesrequested to comment, unless a longerperiod is needed for the disposition ofprotests filed with the Council. In cases of

application for industrial use or in cases ofsuch other use where waters may becomepolluted, the Council shall refer theapplication to the National PollutionControl Commission for comment andrecommendation. If deemed necessary, theCouncil shall refer the application to otheragencies concerned as the case may be.

Section 12. Water Permit. Approved applications shall be issued waterpermits subject to such conditions as the

Council may impose. Such permit must bearthe seal of the Council and the signature ofthe Executive Director. A copy of saidpermit shall be furnished to the Office where the application was filed.Disapproved applications shall be returnedto applicants through the office where the


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same was filed, within thirty (30) days ofsuch disapproval, stating the reasonstherefor.

The Council shall, moreover,furnish periodically all PW Regional

Directors, PW District Engineers, and NIARegional Directors and Provincial IrrigationEngineers, a list of approved water permitsgranted within their respective areas ofjurisdiction.

Section 13. Conditions in Permits. Water Permits issued by the Council shallbe subject to such terms, restrictions andlimitations as it may deem proper toimpose, and to any, or all of the followingconditions:

a) That within one (1) year from thereceipt of the permit the applicant shallsubmit to the Council for approval, theplans and specifications for thediversion works, pump structure, watermeasuring device, and other requiredstructures and in addition for privatesector projects the implementingschedules of construction. Noconstruction work or private sector

projects shall commence until the plans,specifications and implementingschedules are duly approved. When thediversion dam is temporary and lessthan two (2) meters high, thesubmission of plans for the dam maynot be required.

b) The construction of the necessarystructures and diversion works shallbegin within ninety (90) days from thedate of receipt of the approved plans,specifications and implementing

schedules and shall be completed withinthe approved schedule unless extendedby the Council for valid or justifiablereasons: Provided, that water shall notbe diverted, pumped or withdrawn untilafter such structures and works shallhave been inspected and approved by

the Council, unless otherwise allowed.Except in cases of emergency to savelife or property or repairs in accordance with plans originally approved, thealteration or repair of these structuresshall not be undertaken without the

approval of the Council.c) The right of a permittee to the Amount

of water allowed in the permit is only tothe portion or extent that he can usebeneficially for the purpose stated in thepermit. The diversion of the water shallbe from the source and for the purposeindicated in the permit and in no caseshould said use exceed the quantity andperiod indicated therein. In gravitydiversions, regulating gates of the canalshall be closed when water is notneeded.

d) The Council may, after due notice andhearing, reduce at anytime the quantityof water or adopt a system ofapportionment, distribution, or rotationthereof when the facts arecircumstances in any situation wouldwarrant the same in the interest of thepublic and/or legal appropriations.

e) The Council may, after due notice andhearing, revoke the permit in favor of

projects for greater beneficial use or formulti-purpose development, subject tocompensation in proper cases.

f) The Council shall revoke or suspend thepermit if the permittee violateseffluent/water quality standards asdetermined by the National PollutionControl Commission.

g) At any time after completion ofdiversion works and necessarystructures, non-use of the water for thepurpose stipulated in the permit for a

period of three consecutive years, shallrender said permit null and void, exceptas the Council may otherwise allow forreasons beyond the control of thepermittee.

h) Any person in control of a well shallprevent the waste of water therefrom


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and shall prevent water from flowingonto the surface of the land or into anysurface water without being beneficiallyused, or into any porous stratumunderneath the surface.

i) Any person in control of a well shallprevent water containing mineral orother substances injurious to the healthof humans or animals or to agricultureor vegetation from flowing onto thesurface of the land or into any surfaceor into any other aquifer or porousstratum.

Section 14. Periodic and FinalInspection of Project The council or itsauthorized agents who investigated theapplication may conduct periodic inspectionwhile construction, alteration, or repair is inprogress as well as final inspection thereofto ascertain whether or not the same is inaccordance with approved plans andspecifications.

A report of inspection within ten(10) days from date thereof shall besubmitted to the Council thru the PublicWork Regional Director.

Section 15. Notice and CompletedStructures/Diversion Works. The permitteeshall inform the Council or its deputyconcerned, that the necessary structures anddiversion works required have beencompleted in accordance with approvedplans and specifications.

In addition, in cases ofappropriation of ground water the permitteeshall inform the Council as to the depth anddiameter of the well, the drilling log, the

specifications and location of casings,cementing, screens and perforations, andthe results of tests of capacity, flow,drawdown, and shut-in pressure.

Section 16. Inspection of Works. Inspection of the premises shall be

conducted by any person deputized by theCouncil to determine compliance with theconditions imposed in the permit and suchother order, rule or regulation the Councilmay issue.

Section 17. Certificate of Compliance. The Council shall issue a certificate ofcompliance to the permittee/grantee afterbeing satisfied that the construction of thenecessary structures in connection with thewater permit have been duly complied with.Such certificate shall bear the signature ofthe Executive Director.

Section 18. Revocation of Permit. Any permit issued pursuant to these rulesmay be revoked by the Council, after duenotice and hearing, for any of the groundsprovided herein or in the Code.

Section 19. Recurrent Water Shortage.For the purpose of Articles 22 and 26 ofthe Water Code, recurrent water shortageshall mean the natural periodic diminutionof water in a source of supply to a volumeor rate of flow insufficient to meet the waterrequirements of all legal appropriatortherefrom.

Section 20. Basic DiversionRequirement for Agricultural Use. Except when otherwise justified by type ofirrigation system, soil conditions, kind ofcrop, topography and other factors, waterpermits for agricultural use shall be grantedon the basis of one liter per second perhectare of land to be irrigated.

Section 21. Construction/Repair ofOther Structures. Apart from the structures

required under Section 13 and except incases of emergency to save life or property,or repair in accordance with planspreviously approved, the construction orrepair of the following structures shall beundertaken only after plans andspecification therefor are approved by the


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Administrator of the National IrrigationAdministration when the structure is for anirrigation project, or by the Minister ofPublic Works in all other case enumeratedhereunder:

a) Off-stream water impoundingstructures except earth-fillembankments less than 10 meters highfrom the natural ground surface;

b) Barrages across natural waterwaysexcept temporary dams for irrigationless than two (2) meters high from thestream bed;

c) Dikes, levees, revetments, bulkheads,piers, breakwaters and other similarstructures or devices that effect thedirection or level of materials in rivers,lakes, and in maritime waters; and

Other structures not included in theabove enumeration shall be approved by theproper government agencies as may bedesignated by the Council.

The approving officials shallprescribe the procedure for filing,processing and approval of the plans andspecifications. Structures required in water

permits shall be approved as prescribedunder Section 13 hereof.

Section 22. Establishment ofEasements. Actions for the establishmentof easements under Article 25 of the Codeshall be governed by the Rules of Court.

Section 23. Establishment of Control Areas. When the Council deems itnecessary to declare a control area, it shallpublish the same in three (3) newspapers of

general circulation setting forth the purposeof the declaration, the geographic limits ofthe control areas, and the regulationsnecessary to achieve its objectives.

Section 24.Coordinated Use of Watersin Control Areas. In control areas so

declared for the coordinated development,protection, and utilization of ground andsurface waters, the appropriation of surfacewater shall, in general, have preference overthat of ground water and, except asotherwise allowed by the Council, a permit

for the appropriation of ground water is valid only to the extent that it does notprejudice any surface water supply.

Section 25. Registration of Wells inControl Areas. In declared control areas, allwells without water permits, including thosefor domestic use, shall be registered withthe Council within two years from thedeclaration otherwise any claim to a right ona well is considered waived and use of watertherefrom shall be allowed only after awater permit is secured in accordance withRule 1 hereof.

Section 26.Temporary Permits. TheCouncil may grant temporary permits forthe appropriation and use of water insituations such as the following:

a) Irrigation of an area pending theconstruction of a larger system to beoperated either by the government or

by any irrigation association which willserve said area. Such permit shallautomatically expire when waterbecomes available for the area from thelarger system. In cases where the supplyfrom the larger system is not adequate,the permit may be modifiedaccordingly.

b) When there is need to use water formunicipal purposes in emergencysituations pending the availability of analternative source of supply as provided

in Article 22 of the Code;c) For special research projects requiring

the use of water for certain period oftime;

d) For temporary use of water needed forthe construction of roads, dikes,buildings, and other infrastructures; and


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e) When there are unforeseen delays in theapproval of the application andappropriation of water is necessarypending the issuance of a water permit,unless the application is protested.

Temporary permits shall be grantedby the Council on a case to case basisspecifying the conditions and period underwhich the permit is valid. The Council maydelegate the issuance of temporary permitsfor a period of not exceeding six (6) monthsand a quantity of not more than 200 litersper second.

RULE IICONTROL, CONSERVATION AND

PROTECTION OF WATERS,WATERSHEDS AND RELATED

LAND RESOURCES

Section 27.Prohibited Construction on Navigable or Floatable Waterways. Except when allowed under these rules, thebuilding of dams, dikes, or any structure or works or the introduction of fishcontraptions or other devices whichencroach into any public navigable orfloatable river, stream, coastal waters,

creeks, esteros or drainage channels or othernavigable or floatable public waters, waterways, or bodies of water or whichobstruct or impede the free passage thereofor cause inundation, shall be orderedremoved by the Minister of public Works asprohibited construction.

The rules and regulations of thePhilippine Coast Guard pertaining tonavigation shall be suppletory to these rules.Rivers, lakes and lagoons maybe declared by

the Council as navigable in whole or in partupon recommendation of the PhilippineCoast Guard.

Section 28. Determination ofEasements. All easements of public useprescribed for the banks or rivers and the

shores of seas and lakes shall be reckonedfrom the line reached by the highest flood which does not cause inundation or thehighest equinoctial tide whichever is higher. Any construction or structure thatencroaches into such easements shall be

ordered removed by the Minister of PublicWorks.

Section 28. When Permit/Authority from the Minister of Public Works is Required. A permit/authority shall be secured fromthe Minister of Public Works in thefollowing instances:

a) Construction of dams, bridges andother structures in navigable or floatablewaterways;

b) Cultivation of river beds, sand bars andtidal flats;

c) Construction of private levees,revetments and other flood control andriver training works; and

d) Restoration of river courses to formerbeds.

Section 30. Place of FilingApplications. Applications forpermit/authority under the next preceding

section may be filed with the Public WorksDistrict Engineer's Office in the provincewhere the project is to be undertaken.

Section 31. Form and Contents ofApplications. All applications shall be filedin a prescribed form sworn to by applicantand supported by the following;

A. For Cultivation of Rivers Beds, SandBars and Tidal Flats

1) Location plan showing the riverbed, delineation of the area to becultivated, the adjoining areas andthe corresponding lessees/permittees; and

2) Information showing the crops tobe planted and the cropping period.


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B. For Private Flood Control Works 1) Location plan showing the river

channel, proposed control worksand existing works, if any, in the

vicinity;2) Cross-sections of the river channel

in the site;3) Plans and specifications of control

structures;4) Construction schedule; and5) Articles of Incorporation or Articles

of Partnership in case applicant is aprivate corporation or partnership,or Certificate of Registration in caseof cooperatives.

C. For Restoration of River Courses toFormer Beds

1) Affidavits of two disinterestedpersons attesting to thecircumstances of the change in thecourse of the river or stream,including the date when suchchange occurred;

2) Certified copies of the cadastralplans and technical description of

the lots affected by the river orstream, showing the former courseto which the river will be restored.

3) A recent survey map of the areaaffected undertaken by a licensedgeodetic engineer indicating thepresent river course as well as theold cadastral stream boundaries;

4) Articles of Incorporation or Articlesof Partnership in case applicant is aprivate corporation or partnership,or Certificate of Registration in case

of cooperatives; and5) Scheme and schedule of restoration.

D. For Construction of Dams, Bridges,and Other Structures in Navigable orFloatable Waterways

1) Vicinity map and location planshowing the river and the proposedstructure:

2) Cross-section of the structure withcross-section of the river at thelocation of the structure showing

minimum water level, maximumflood level without structure, andmaximum flood level with structure;

3) Plan showing extent of maximumflooded area without structure andmaximum flooded area withstructure;

4) Schemes and details of provisionsfor passage of watercraft;

5) Construction schedule; and6) Articles of Incorporation or Articles

of Partnership in case applicant is aprivate corporations or partnership,or Certificate of Registration in caseof cooperatives.

Section 32. Action on Application. The Public Works district Engineer shallinvestigate each application filed with hisOffice and, if necessary, conduct publichearings thereon. He shall transmit hisreport and recommendation to the PublicWorks Regional Director who, after proper

review, shall transmit the application withits supporting documents and hisrecommendations to the Minister of PublicWorks, for appropriate action.

Section 33. Limitation on Permits toCultivate River Beds, Sand Bars and Tidal Flats.A permit to cultivate river beds, sand barsand tidal flats shall be non-transferable andshall not be construed as authorizingreclamation of the area covered by thepermit, or as conferring upon the permittee

a right of ownership thereof by acquisitiveprescription.

Section 34. Construction andCompletion of Work. The construction ofprivate flood control works and dams,bridges and other structures in navigable


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rivers or streams shall be undertaken withinthe approved construction schedule;otherwise the permit shall automatically becancelled unless a longer period is allowed.

Work for the restoration of a river

or stream to its former bed shall becommenced within the two (2) years fromthe date of change in the course of the riveror stream and completed within one (1) yearfrom start of construction.

Section 35. Establishment of FloodControl Areas. - Whenever the Ministerdeems it necessary to declare flood controlareas for the protection of flood plain lands,he shall publish the same in three (3)newspaper of general circulation settingforth the purpose of the declaration, thegeographic limits of the declared controlarea, and the regulations necessary toachieve the objectives.

Section 36. Inter-Agency Flood Plain Management Committee. - The minister shallform an Inter-agency Flood PlainManagement Committee for each floodplain declared as flood control area, themembers of which shall include, but not

limited to, representatives from thefollowing:

a) Ministry of Public Worksb) National Power Corporation;c) Ministry of Local Government;d) National Irrigation Administration; ande) National Water Resources Council,

The functions of this Committeeshall be;

a) To establish close liaison amongnational and local government entitiesand promote the best interest and thecoordinate protection and managementof flood plain lands for the mitigationof flood damages viewed in a largercontext to include other aspects such as

environmental quality and public health,safety an welfare;

b) To provide guidelines for localgovernments in the formulation ofregulatory ordinances regarding floodplain use and occupancy;

c) To draft recommend guidelines forflood plain management in a particularflood control area in order to achievethe goals and objectives thereof; and

d) To perform such other functions as theMinister may direct.

Section 37. Storage and Rafting ofLogs. - The Council, through its deputiesmay prohibit or control the rafting orstorage of logs and other objects on riverand lakes when:

a) It causes pollution of water used fordomestic municipal purposes; and

b) It causes danger to structures such asthose for irrigation power and floodcontrol.

Section 38. Prohibitions andRequirements on Water impoundment. - TheCouncil shall, upon recommendation of theMinistry of Health, prohibit the impounding

of water in ponds or reservoirs when:

a) The water is found to contain excessivepollutants;

b) It will degrade its quality;c) Public health is endangered; andd) Such other similar situations.

Existing ponds or reservoirs fallingunder the aforementioned cases shall beordered drained by the Council the reservoiroperation rule curve for approval which

shall be followed except during periods ofextreme drought and when public interestso requires, wherein in the Council maychange the operation during the period afterdue notice and hearing.


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The Council shall reviewperiodically the rule curve for possiblerevisions.

A rule is a diagram showing theminimum water level requirement in thereservoir at a specific time to meet the

particular needs for which the reservoir isdesigned.

Furthermore anyone who operates areservoir shall submit to the Council hisplan for handling maximum discharge witha view to avoiding damage to life andproperty.

Section 40. Employment of Engineerin Dam Operations. - All operators of storagedams exceeding 10 meters, high or overflowdams exceeding 2 meters high from thestream bed shall make arrangements for theperiodic inspection of said structures and itsoperating equipment by a registered civilengineer for the purpose of identifyingconditions which may adversely affect thesafety of these structures and giving adviseto the operator on the proper maintenanceand operation thereof.

Section 41. Qualification of Well

Drillers. - No person shall be permitted toundertake well drilling work unless he isduly registered with the Council as a welldriller. No person shall be registered by theCouncil as a well driller unless he has atleast any of the following qualifications:

a) Graduation from high school with three(3) years experience in will drilling workunless he is duly registered with thedriller registered with the Council; or

b) A holder of a bachelor's degree ingeology or engineering with one (1) yearexperience in actual drilling work.

Section 42. Permit to Drill a Well. -Except for domestic use, no person shalldrill any well for the extraction of groundwater or make any alteration to any existing

well without securing a permit from theCouncil.

For this purpose, only wells withcasings not exceeding 75 millimeters in forthe extraction of ground water shall

conform with the following requirements:

a) The well shall be so designed andconstructed that it will seal offcontaminated water-bearing formationsor which have undesirablecharacteristics;

b) There shall be no unsealed openingsaround the well which may conductsurface water or contaminated orundesirable ground water vertically tothe intake portion of the well;

c) All parts of a permanent well shall be ofdurable materials;

d) Wells constructed in a sand or gravelaquifer shall be provided with a water-tight casing to a depth of 1.5 meters ormore below the lowest expectedpumping level, provided that where thepumping level is less than ten (10)meters from the surface, the casing shallextend three (3) meters below thelowest pumping level,

e)

Casings of wells constructed insandstone aquifers where the overburden consists of unconsolidatedmaterials shall be grouted to a minimumdepth of ten (10) meters, provided, thatshould there be an additional overlyingformation of creviced or fractured rock,the casing shall be grouted to its fulldepth;

f) Casings of wells constructed inlimestone, granite or quartzite where theoverburden consist of drift materials

shall be extended to a depth of at leastfifteen (15) meters, and firmly seated inrock formation, provided, where theoverburden is less than fifteen (15)meters, the casing shall be extendedthree (3) meters into uncreviced rock,


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provided, finally, that in no case shallthe casing be less than 15 meters;

g) Well for domestic and municipal watersupply shall be constructed inaccordance with sound public health

engineering practice;h) The extent of pumping and extraction

of ground water shall take intoconsideration the possibility of salt water intrusion, land subsidence andmining of ground water;

i) Unless otherwise allowed by theCouncil, an abandoned well shall beproperly plugged or sealed to preventpollution of ground water, to conserveaquifer yield and artesian head, and toprevent poor-quality water from oneaquifer entering another;

j) Free-flowing wells shall be provided with control valves or other similardevices to control and regulate the flowof water from such wells forconservation purposes;

k) Well site shall be provided with drainagefacilities for the properdisposal/conveyance of surface waterflow from the site;

l) In general, spacing requirements exceptfor wells less than 30 meters deep, shallbe in accordance with the table below:

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RATE OF WITHDRAWALMINIMUM DISTANCE BETWEEN

IN LITERS PER SECONDWELLS IN METERS

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2 - 10 200

More than 10 - 20 400

More than 20 - 40 600

More than 40 1000

The Council, may increase ordecrease the above spacing requirementsunder any of the following circumstances:

a) for low-income housing developmentprojects where home lot size will limit

available spacing between homeowners'wells;

b) where the geologic formation may warrant closer or farther spacingbetween wells; and

c) where assessment of pumping testrecords on yields, drawdown, circle ofinfluence, seasonal fluctuations in watertable and other technical date onground water wells, drilling andoperation indicate possible closer orfarther spacing between wells.

In modifying the spacingrequirements the following criteria shall beapplied:

a) no new well shall cause more than 2meters of additional drawdown to anyexisting well;

b) where the geologic formation may warrant closer or farther spacingbetween wells: and

c)

where assessment of pumping testrecords on yields drawdown, circle ofinfluence seasonal fluctuation in watertable and other technical data or ground water wells, drilling and operationindicate possible closer or fartherspacing between wells.

In modifying the spacingrequirement the following criteria shall beapplied:

a) No new well shall cause more than 2meters of additional drawdown to anyexisting well;

b) If the rate of withdrawal applied for awell will cause additional drawdown ofmore than 2 meter to any existing wellthe rate of withdrawal applied for shall


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be reduced to satisfy the drawdownlimit.

c) The Council shall prescribe themaximum pump size and horsepower inthe water permit to so that the rate of withdrawal shall not exceed that

authorized.d) Groundwater mining may be allowed

provided that the life of thegroundwater reservoir system ismaintained for at least 50 years.

Section 44. Minimum Stream Flowsand Water Levels. - When the Council deemsit necessary to establish minimum streamflows for river and stream and/or minimum water level or lakes as provided under Article 66 of the Code, it shall notify thepublic through newspaper that a publichearing shall be conducted for suchpurpose. In the conduct of the hearing, thefollowing shall be considered:

a) Adverse effects on legal appropriators;b) Priorities that may be altered on the

basis greater beneficial use and/ormulti-purpose use;

c) Protection of the environment, controlof pollution, navigation , prevention of

salt water damage and general publicuse; andd) Other factors relevant to the situation.

In general, the Council shallconsider the following criteria in theestablishment of minimum stream flows ofriver and stream and minimum water levelof lakes.

a) For water quality and environmentalprotection the minimum stream flow or

lake water level shall be estimated basedon the threshold concentration ofpollutant and environmentalrequirement in cooperation with theNPCC and NEPC.

b) For navigation purposes, the minimumflow or water level to be provided shall

be such that the resulting streamflow orwater level shall remain navigable to theexisting vessel that ply the river or lake.

c) For half conservation considerationshall be made such that the resultingstreamflow or lake level will not

adversely affect the existing fish habitat. The minimum flow/water levelprovided shall be determined by theCouncil in consultation with BFAR.

d) In any case, the minimum requirementshall be the observed or estimatedabsolute stream flow or lake level.

Section 45. Protection of Water SupplySources. - No person shall discharge into anysource of water supply any domesticsewage, industrial waste, or pollutant notmeeting the effluent standard set by theNational Pollution Control Commission.

Section 46. Mine Tailing Disposal. -Water discharge with mine tailing or wasteshall not contain mineral or othersubstances injurious to man, animal, aquaticlife, agriculture or vegetation inconcentration exceeding the maximumprescribed by the National PollutionControl Commission.

Tailing dams, ponds or similarcontrol structure located along river beds whenever required shall be strong enoughto withstand the forces in the river duringtyphoons and flash floods.

Mine operators shall undertakeappropriate erosion control measure in theirmining areas to minimize the amountsediments therein that will be carried toriver systems.

Section 47. Complaint on DrainageSystem Construction. - Any complaintpertaining to the construction of a drainagesystem under the provision of Article 44 ofthe Code shall be treated under Rule IIIhereof.


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RULE IIIADMINISTRATION AND

ENFORCEMENT

Section 48. General Guidelines forWater Resources Development Projects/Programs. - As a general rule, a water resourcesproject/program may be implemented onlyif it is in accordance with national socio-economic developments goals andobjectives or necessary for the nationalsecurity or protection of life and property. Any project/program involving theappropriation of water shall be directedtowards the optimum single and/or multi-purpose utilization thereof. Wheneverpracticable, projects shall be conceived and viewed according to multi-purpose waterresource planning concepts within the areaunit of a river basin. In the case of smallscale, water developments projects,development planning of the latter shallproceed alongside the implementation ofthe former.

Section 49. Specific Guidelines. - thesize and time phase of projects/programs

shall satisfy appropriate socio-economicindicators, more particularly the benefit-costand/or cost effectiveness criteria, theirsupplementary and complementary roles tothe projects program of other governmentsectoral plans, and their ecological effects.

Section 50. Water Resources Projects/Programs By Governments Sector. -Government water resources and relatedprojects/programs shall be submitted by theproponent agencies to the Council, which

may, if necessary, refer the matter to theproper deputies or concerned agencies forevaluation and comment in accordance withthe guidelines before approving the same.

Section 51. Water Resources Projects/Programs By Private Sector. Any private

interested party may propose any waterresources project through the appropriateagencies and/or deputies who shall forwardthe same to the Council after evaluating andcommenting with respect to the aboveguidelines. The Council, before approving

the projects, may, if necessary, refer orconsult with other appropriate deputiesand/or concerned government agencies.

Section 52. Requirements of WaterResources Projects/Programs. Project/Program proposals shall contain indicatorssocio-economics justifications relationshipto the National Development Plan, impactsstatement on the sectors project/programsupports and complement, regional impactstatement, environmental statement, andsuch other information as the Council mayrequire. Projects, such as artesian wells,spring development and barangay waterworks for purely domestic andmunicipal use, and such other small-scaleprojects as the Council may determine, shallbe exempted from this requirement.

Section 53. Resolution of CouncilArising from Project. Any conflict involvingthe use of water that may arise from the

project/program proposal shall be resolvedon the basis on the national/regionalpriority and needs, i.e.., need for powergeneration in multi-purpose project shall bereckoned on the quantity on and time ofsuch needs on the greed basis rather thanon a single project basis alone.

Any conflict which adversely affectsa particular segment of society, group ofindividuals or small community, may beresolved after a public hearing has been

conducted by the Council or its properdeputies.

Section 54.Deputies. The Councilmay appoint a deputy for each or acombination of the following functionalarea related to water resources:


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a) hydrologic and meteorologic data;b) flooding areas and inland waterways;c) lakes and marshes;d) watersheds;e) water supply and sewage;f) water accounting within watersheds;g) other water resources activities

Each deputy shall gather and organizedata in accordance with their assignedfunctions for submission to the Council. The Council shall determine the frequencyand type of data to be gathered.

Section 55. Information Assessment. - The Council shall collate and analyzetechnical data. It shall also develop anindexing system for all its publicationsindicating the data published, water resourcebasin involved, basic environmentalindicator, and such other related indices.

Studies based on data retrievedfrom and/or submitted by the deputies maybe undertaken. A study of the manpowerrequirements of a water resource sector maybe considered in setting up andimplementing appropriate manpower

development measures.

It shall also establish a positionclassification system for employmentpurposes in coordination with wateroriented agencies and the Office ofCompensation and Position Classification.

The Council shall initiate andundertake studies of water consumptionpatterns along the different purposesprovided in the Code particularly that of

industry.

Section 56. Agents. The Councilmay appoint to perform specific functionssuch as investigation of water permit

applications, water rights controversies andother activities as it may assign.

Section 57. Committee on Arbitration. The Council may create and authorize aCommittee on Arbitration for purposes of

determining the rate of just compensation ininstances provided under the Code. Suchcommittee shall be composed of theCouncil Deputy/Agent who must be aprofessional technical man as Chairman, theProvincial Assessor, and the ProvincialDevelopment Officer of the province wherethe subject premises is situated together with the representative of each of theparties involved, as members.

The Committee shall take action onany claim referred to it by the Council forevaluation and submit a report thereon within thirty (30) days from receipt ofnotice of formation of the Committeeunless a longer period is required, in whichcase extension maybe granted uponauthority of the Council.

Section 58. Review and Approval ofRules and Regulations Involving Water. - Rulesand regulations by any government agency

involving policies on the utilization,exploitation, development, control,conservation of protection of waterresources shall be reviewed and approvedby the Council. Unless the charter of suchagency provides that the same shall beapproved by the President, in which casethe proposed rules shall first be referred tothe Council for comment.

Section 59. Agreements InvolvingWater. Any agreement among government

agencies involving the use of water forirrigation, hydro-power, industrial, domesticand municipal water supply shall, in allcases, be subject to review and approval ofthe Council. In the review of suchagreements, the Council may consult the


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parties and other government agenciesconcerned.

Section 60. Disposition of FundsCollected. - All income of the Council fromthe fees and charges shall be remitted to the

National Treasury and treated as a specialaccount under the General Fund to thecredit of the Council. The operational andmaintenance expenses of the deputies andagents of the Council shall be financedunder this account in accordance with aspecial budget to be submitted to theBudget Commission. Any generated surplusshall be invested for water resourcesdevelopment purpose including but notlimited to the purposes envisioned under Article 81 may be recommended by theCouncil.

Section 61. Parties in Water UseConflicts/Controversies. - The complainingparty shall be referred to asComplainant/Protestant and the partyagainst whom the complaint is filed shall bereferred to as Respondent/protestee.

Section 62. Complaints. Allcomplaints shall be in writing sworn to by

the complainant/protestant and mustcontain the following:

a) Name, postal address and personalcircumstances of complainant/protestant;

b) Name and postal address ofrespondent/protestee;

c) Substances of the complaint;d) Grounds or causes of action;e) Brief and concise statement of the

pertinent facts and circumstances;

f) Relief sought; andg) Names and postal addresses ofwitnesses to be summoned, if any.

All complaints shall beaccompanied by affidavits of witnesses aswell as supporting documents, if any.

However, complaints/protests filedsolely on the ground of adverse effects onthe privileges to use water from any sourceshall not be entertained unless thecomplainant/protestant is a water

permittee.

Section 63. Place of Filing. Complaints/Protests may be filed with theCouncil or the Office of the Public WorksRegional Director or the Public WorksDistrict Engineer or NIA ProvincialIrrigation Engineer, of the place where thesource of water subject of the controversy islocated. Complaints/protests on the use of water for hydraulic power developmentshall be filed with either the Council or theOffice of the Public Works RegionalDirector.

Section 64. Filing Fee. - There shallbe imposed and collected a filing fee of OneHundred (P100.00)Pesos from everycomplainant/protestant except from pauperlitigants in accordance with the Rules ofCourt. The said fee shall be paid to theoffice where the complaint/protest is filedin the manner provided under Section 6 of

Rule 1.

Section 65.Answer. - Upon receiptof a complaint/.protest, the agency/officeconcerned shall furnish therespondent./protestee a copy and suchdocuments accompanying the complaint,and require him to answer in writing withinten (10) days from receipt thereof.

Should respondent/protestee fail toanswer within the period provided herein,

the investigator shall proceed ex parte toreceive the evidence and testimony of thecomplaint/protestant and his witnesses, andshall submit his report to the Council basedon the facts and evidence adduced.


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Section 66. Preliminary Conference. -Upon receipt of respondents/protestee'sanswer, the investigator shall direct theparties and their attorneys to appear beforehim for conference to consider thepossibility of an amicable settlement.

The proceedings during thepreliminary conference shall be summary innature and shall be conducted informallywithout the investigator being bound followstrictly the technical rules of evidence. Heshall take appropriate steps towards apeaceful and equitable settlement of thedispute.

Section 67. Amicable Settlement. - Amicable settlement shall, in all cases, bereduced in writing and signed by the parties. Within fifteen (15) days from the signingthereof, a report with comments andrecommendation shall be submitted to theCouncil for approval.

Section 68. Venue of Investigation/Hearing. - Should the parties fail to agreeduring the preliminary conference, theinvestigator shall immediately hear the casein the barrio, municipality or province

where the subject of the controversy islocated or at any other place agreed upon byboth parties. Any disagreement as to venueshall be resolved by the Investigator whosedecision is final.

Section 69. Order of Proceedings. - The investigator shall hear first thetestimony of the complainant/protestantand his witnesses and next the testimony ofthe respondent-protestee. During theproceedings, the parties shall have the right

to confront and cross-examine the opposingparty of the submitted affidavits. After thepresentation of the evidence by the parties,they may at their option submit amemorandum/memoranda in support oftheir claim/defense in lieu of an oralargument.

Section 70. Authority/Functions ofHearing Officer. - The investigator shall beduly authorized to administer oath towitnesses, take dispositions and secure theattendance of witnesses and/or production

of relevant documents through thecompulsory process of subpoena and/orsubpoena duces tecum. The contendingparties may avail of such processes by filinga formal written request with theInvestigator.

The proceedings shall be dulyrecorded and shall include a physical orocular inspection of the premises and forthe purpose, the Investigator and the partiesshall have authority to enter upon privatelands with previous notice to the ownersthereof.

The Investigator may conduct exparte investigation/hearing if circumstancesso warrant.

Section 71. Orders/Rulings Interlocutory orders/rulings made duringthe proceedings are not appealable.

Motions for postponement orcontinuance shall be based on valid andreasonable grounds and the grant or denialthereof rests upon the sound discretion ofthe Investigator, provided that not morethan (3) postponements may be given toeither party or a total of six (6)postponements in a given case. Regardlessof the number of parties and providedfurther, that in no case shall anypostponement last for more than three (3)calendar days.

Section 72.Investigation Report. - TheInvestigator shall transmit to the Council within fifteen (15) days from the date oftermination of the proceedings, his reportwith the complete record of the case with acomprehensive sketch of the premises


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involved. The report shall contain thefollowing:

a) Nature and addresses of the parties;b) Nature of the controversy;c) Summary of the allegations and proofs

presented by parties;d) Clear and concise statement of the

findings of facts borne of the evidenceand/or revealed in the ocularinspections;

e) The law and rules involved; andf) Conclusion, comment and

recommendation.

Section 73. Decision. - All disputesshall be decided within sixty (60) days afterthe parties submit the same for decision orresolution. Decisions shall be in writing,stating clearly and concisely the cause orcauses of action, findings of facts and thelaw or rules upon which they are based.

The Council shall have the power toissue writs of execution and enforce itsdecisions with the assistance of national orlocal law enforcement agencies subject toprior notice to the party concerned inaccordance with Article 84 of the Code.

Section 74. Proof of Service.-Decisions, resolutions or orders of theCouncil shall be furnished to thecontending parties thru their counsel, ifrepresented, or by personal/substitutedservice or registered mail, with return card.Personal/substituted service to the partiesshall be acknowledged in writing, indicatingthe date or receipt and the name of theperson serving. Should any person refuse toreceive the decision, resolution or order , a

written statement to such effect duly signedby the person serving shall be submitted.Decisions, resolutions or orders coursedthrough the deputies/agents of the Council,shall in all cases, be served upon counsel, ifrepresented, or to the party within five (5)

days from the date of receipt by the Officeconcerned.

Section 75. Appeal/Petition forReconsideration and/or Reinvestigation. - Appealfrom the decision of the Council in

accordance with Article 89 of the Code shallbe made by the party adversely affectedwithin fifteen (15) days from receipt of thedecision unless a petition forreconsideration or reinvestigation is filed with the Council within the same period. The filing of said petition suspends therunning of the 15 day period within whichto file an appeal with the Court.

A) Petition for reconsideration/reinvestigation shall be based on any ofthe following grounds:

1) Fraud, accident, mistake orexcusable negligence which ordinaryprudence could not have guardedagainst and by reason of which theaggrieved Party has probably beenimpaired in his rights;

2) Newly discovered evidence whichpetitioner could not, withreasonable diligence, have

discovered, and produced at theinvestigation and which if presentedwould probably alter the result; and

3) Palpable errors in the findings offacts and conclusions of law ordecisions that are not supported bythe evidence adduced in theinvestigation.

Only one petition forreconsideration/ reinvestigationaccompanied by proof of service upon the

other party shall be entertained. Resolutionor petitions for reconsideration/reinvestigation shall be served upon theparties concerned in accordance withSection 73 hereof.


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Section 76. Stay of Execution. - Thefiling of petition for reconsideration and/orreinvestigation under the preceding sectionor an appeal with the Court of FirstInstance under Article 89 of the Code shallnot stay the execution of the decisions,

resolution or order of the Council unless abond as provided for in Article 88 shallhave been posted.

Section 77. Light Offenses. - A fineof not more than Two Hundred (P200.00)Pesos and/or suspension of thepermit/grant for a period of not more thansixty (60) days shall be imposed for any ofthe following violations;

a) illegal taking or diversion of water in anopen canal or reservoir;

b) unauthorized utilization of an existing well or ponding or spreading of waterfor recharging subterranean or groundwater supplies;

c) appropriation of subterranean orground water for domestic use by anoverlying landowner without theregistration when required by theCouncil;

d) failure of the appropriator to keep arecord of water withdrawal whenrequired by the Council or by the rulesand regulations of other water orientedagencies such as Water Districts createdpursuant to Presidential Decree No.198, as amended, provided that suchrules and regulations have beenapproved by the Council;

e) repair without permission of hydraulicor structural features as originallyinvolving alteration of its hydraulic orstructural features as originally

approved; andf) such other infractions as the Council

may determine.

Section 78. Less Grave Offenses. - Afine of more than two Hundred (P200.00)Pesos but not exceeding Five Hundred

(P500.00) Pesos and/or suspension of the water permit/grant for a period of onehundred twenty (120) days shall be imposedfor the following violations:

a) unauthorized sale, lease or transfer ofwater permits water rights;

b) failure to install a regulating andmeasuring device for the control of the volume of water appropriated whenrequired;

c) nonpayment of water charges; andd) violation of or non-compliance with any

order, rule or regulation of the Council.

Section 79.Grave Offenses. - A fineof more than Five Hundred (500.00) Pesosbut not exceeding One Thousand (P1,000)Pesos and/or revocation of the waterpermit/grant of any other right to the use of water shall be imposed for any of thefollowing violations:

a) drilling of a well without permit or withexpired permit;

b) failure to provide adequate facilities toprevent or control disease wheneverrequired in the construction of any work for the storage, diversion,

distribution and utilization of water;c) construction of any hydraulic work orstructure without duly approved plansand specifications;

d) failure to comply with any of the termsor conditions in a water permit or waterrights grant not covered by thepreceding sections,

e) non-observance of any standard for thebeneficial use of water and/or scheduleof water distribution;

f) use of water for a purpose other thanthat for which a right or permit wasgranted;

g) malicious destructions of hydraulic works or structure valued at notexceeding Five Thousand (P5,000.00)Pesos;


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h) unauthorized sale of water in violationof the permit; and

i) such other serious violations as theCouncil may determine.

Section 80.Penalties for Delinquency. -

Where the penalty imposed is a fine and theoffender fails to pay the same within thegiven period, he shall be liable, in addition,to pay Five (P5.00) pesos per day of delaybut in no case to exceed One Thousand(P1,000.00) Pesos. However, if the penaltyimposed is suspension of the waterpermit/grant, the counting of the periodshall begin from the time the original copyof the water permit/grant certificate issurrendered to the Council or any of itsdeputies/agents. Such grant/permit/certificate shall be surrendered withinfifteen (15) days from receipt of the Councilby order or decision and any delay in thesurrender thereof will be meted a penalty ofFive (P5.00) Pesos each day.

Section 81. Violations by JuridicalPersons. - In cases where the offender is acorporation, firm, partnership orassociation, the penalty shall be imposedupon the guilty officers mentioned in

Article 92 of the Code.

Section 82. Violations by Non-Permittees. - In cases where the violator is nota permittee or grantee or has no right to usethe water whatsoever, the Council thru itsdeputies or authorized representatives shallcause the stoppage of the use of the watereither by plugging or sealing of the well ifthe same involves ground waterappropriation or demolition of the dam orhydraulic structures if the same involves

surface water, without prejudice to theinstitution of a criminal/civil action as thefacts and circumstances may warrant.

Section 83. Violations by Non-Owners. - In cases where the violator is notthe owner of the well or structure, he shall

be penalized twice as much as the fineimposed of his name as a party defendant inany action filed. Proper representations inthis regard shall be made with theappropriate agency for the cancellation orsuspension of his license/certificates of

registration.

Section 84.Offer of Compromise. - Incases where offender, at anytime before theexecution of the order or decision, offers in writing to pay the fine imposed instead ofhaving his/her permit/grant suspended fora given period, the Council may, if thecircumstances so warrant, accept such offeror compromise. However, if the penaltyimposed is both fine and suspension of thepermit for a given period, the offer shallnecessarily include the amount of the fineimposed as well as such amount as maybedetermined by the Council corresponding tothe period for which the permit should havebeen suspended.

Section 85. Summary Revocation/Suspension. - Water permits or other rights touse the water may be revoked or suspendedsummarily by the Council if any of thefollowing facts and/or conditions exists:

a) That the suspension/revocation willredound to greater public interest,public health and safety;

b) That the acts complained of are grosslyillegal per se;

c) That the violative act is the secondoffense on record involving the sameinfraction;

d) That the non-observance of or non-compliance with the rules, order orregulation is willful and deliberate:

e) When there is a prima facie showingthat the non-observance of any standardfor the beneficial use of water or non-compliance with any of the terms orconditions in a water permit or waterrights grant is prejudicial to the life andproperty of third person;


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f) When the suspension or revocationthereof is sought by any an injuredparty, provided he files a bond to coverany damage which maybe sustained bythe permittee or grantee arising fromsuch summary revocation/suspension;

g) In times of emergency, where there is aprima facie showing that the use of water by the permittee/grantee iswasteful;

h) When health authorities so recommendto prevent or control the spread ofdisease due inadequate facilities;

i) When in a decision of a competentcourt the revocation or suspension ofthe water permit or grant is ordered orrecommended; and

j) Such other serious offenses or grossviolations and infractions as the Councilmay decide.

Section 86. Applicability of the NewRules of Court and Related Laws. - Theprovisions of the New Rules of Court,Presidential Decree Nos. 77 and 911 onpreliminary investigation shall havesuppletory effect on matters not specificallycovered by this rules.

Section 87. Appeal of CouncilDecisions of the Council concerningpolicies on the utilization, exploitation.Development, control, conservation andprotection of water resources may beappealed to the president.

Section 88. These rules shall takeeffect fifteen (15) days after publication inthree (3) newspapers of general circulation.

Unanimously adopted at the 119th meetingof the National Water Resources Council onJune 11, 1979.

Alfredo L. JuinoChairman

Water Code Phil

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