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PD 1067: The Water Code of The Philippines: Appropriation and Utilization of Waters

The document summarizes key sections of the Water Code of the Philippines regarding the appropriate use and permitting of water resources in the country. It outlines the following main points: 1) Appropriate uses of water are prioritized from domestic to industrial uses. Non-domestic uses require permits from the National Water Resource Board. 2) Specific instances where permits are required from the Board are described, including water usage changes, transfers, recreational activities affecting water, and dumping waste. 3) Eligible applicants for water permits are Philippine citizens, registered associations and corporations, and government entities. 4) Filing procedures and fees are established to process permit applications. 5) All appropriators, except

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0% found this document useful (0 votes)
171 views24 pages

PD 1067: The Water Code of The Philippines: Appropriation and Utilization of Waters

The document summarizes key sections of the Water Code of the Philippines regarding the appropriate use and permitting of water resources in the country. It outlines the following main points: 1) Appropriate uses of water are prioritized from domestic to industrial uses. Non-domestic uses require permits from the National Water Resource Board. 2) Specific instances where permits are required from the Board are described, including water usage changes, transfers, recreational activities affecting water, and dumping waste. 3) Eligible applicants for water permits are Philippine citizens, registered associations and corporations, and government entities. 4) Filing procedures and fees are established to process permit applications. 5) All appropriators, except

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Jop Tabada
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© © All Rights Reserved
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PD 1067: THE WATER CODE OF THE

PHILIPPINES

Appropriation and Utilization of Waters


Water may be appropriated for the following
descending purposes and uses:
a. Domestic
b. Municipal
c. Irrigation
SECTION 1 d. Power Generation
e. Fisheries
f. Livestock Raising
g. Industrial
h. Recreational and
i. Other purposes
Use of water for domestic purposes is
the utilization of water directly drawn
from a source by a household for
drinking, washing, bathing, cooking,
watering of gardens or animals and
other domestic uses.
Use of water for municipal purposes
is the utilization of water for
supplying the water requirements of a
community, whether by piped or bulk
distribution for domestic use, direct
consumption, the drawer or
abstractor of which being the national
government, its subsidiary agencies,
local government units, private
persons, cooperatives or corporations.
Use of water for irrigation is the
utilization of water for producing
agricultural crops.
Use of water for power generation is
the utilization of water for producing
electrical or mechanical power.
Use of water for fisheries is the
utilization of water for the
propagation and culture of fish as a
commercial enterprise or any other
aqua-culture ventures.
Use of water for livestock raising is
the utilization of water in factories,
industrial plants and mines including
the use of water as an ingredient of a
finished product.
Use of water for industrial purposes is
the utilization of water in factories,
industrial plants, and mines including
the use of water as an ingredient of a
finished product.
Use of water for recreational
purposes is the utilization of water for
swimming pools, bath houses, boating,
water skiing, golf courses and other
similar facilities in resorts and other
places of recreation.
SECTION II

When Permit/ Authority from the National Water


Resource Board Must be Secured
a. Appropriation of water for any purpose
stated under Section 1, except for “Purely
AS R E QUI R E D UNDE R T H E Domestic purpose”, provided that such
P ROV I SI ONS OF P. D. 1 0 6 7, A
use shall be registered with the Board.
P E R MI T / AUT H OR I T Y SH AL L
B E SE CUR ED FROM T H E “Purely Domestic purpose” as used in
B OAR D I N T H E FOL L OW I NG these rules is defined as the use of water
I NSTANCE S: by a single household;
b. Change in purpose of the appropriation;
c. Amendment of an existing permit, such as
change in point or nature of diversion,
amount of appropriation, period of use,
etc.;
d. Transfer of lease or water right, as
evidenced by a water permit;
e. Temporary permit to appropriate and use
of water;
f. Developing a stream, lake or spring for recreational
purposes;
g. Lowering or raising the level of water of a lake, river or
marsh, or draining the same;
h. Transbasin diversion;
i. Dumping of mine tailings or wastes into a river or
waterway;
j. Such other instances that will require a permit as
determined by the Board
In the following instances the granting of permit
required under the provisions of P.D. 1067, is
delegated by the Board to the corresponding
agencies indicated and permit per taining to any of
these instances shall be secured from such agency:

a. Excavation for the emission of a hot spring – Department of Energy


(DOE);
b. Cloud seeding to induce rainfall – subject to other requirements by the
Board in coordination with the Philippine Atmospheric Geophysical
and Astronomical Service Administration (PAGASA).
c. Recharging groundwater supplies – Department of Environment and
Natural Resources (DENR)

Whenever necessary the Board may exercise any of the above delegated
authorities.
SECTION III

Qualification of Applicants for Permit / Authority.


a. Citizens of the Philippines;

b. Associations, duly registered cooperatives or


corporations organized under the laws of
ONLY T H E FOL L OW I NG MAY
the Philippines, at least 60 percent of the
FI L E AN APPL I C ATI ON W I T H
capital of which is owned by citizens of the
T H E B OAR D FOR P E R MI T /
Philippines;
AUT H OR I T Y:

c. Government entities and instrumentalities,


including government-owned and controlled
corporations.
- Except as otherwise provided
in these rules, application for
water permit under Section 2
and permits to drill shall be
filed directly with the Board or
SECTION IV its deputized agents
designated by the Board in the
Place of Filing Applications.
province where the point of
diversion or abstraction is situated
in the case of appropriation of
waters where the project is located
in all other cases.
In addition to the requirements under Section 5,
the following are required in the specific instances
indicated:
A. For Well Drilling – All applications
involving the extraction of groundwater shall
include the name of a duly registered well
driller who will undertake the drilling.

SECTION VI B. For Transfer of a Water Permit – a


verified petition for the transfer of a water
permit shall state the reasons for the
transfer and shall attach the contract of
Other Requirements agreement for the transfer.
C. For Lease of a Water Right – a verified
petition for the lease of a water permit shall
be accompanied by a duly executed contract
of lease. Provided that no contract of lease
shall be for a continuous period exceeding
five years, otherwise the contract shall be
treated as a transfer of permit in favor of the
lessee.
A filing fee, as may be fixed by
the Board, shall be imposed and
collected for all applications and
SECTION VII. petitions filed with the Board,
which shall be paid directly to
Filing Fee the Board or thru its duly
authorized collecting agents.
SECTION VIII.

Water Fee or Charges


EXCEPT WHEN THE APPROPRIATION IS FOR PURELY
DOMESTIC PURPOSE AS DEFINED IN SECTION 2 (A) HEREOF,
ALL APPROPRIATORS SHALL PAY TO THE BOARD WATER FEES
OR CHARGES FOR WATER RESOURCES DEVELOPMENT AS
REFLECTION IN ANNEX A OF THESE RULES.

The Board may revise the said water fees or charges or impose special water rates as the need arises, taking
into consideration, among others the following:

a. Intended use of water;


b. Quantity / rate of water withdrawal vis-à-vis other users taking into account the water bearing
potential of the source;
c. Environmental effects;
d. Extent to which water withdrawal will affect the source; and
e. Development cost of bringing water from the source.
The foregoing not withstanding, the board may
decide to impose raw water charges based on the
maximum volume of water that may be withdrawn
using the facilities installed or on the actual
volume withdrawn as reflected in the water
abstraction meter in lieu of the existing water
extraction charges.
SECTION IX.

Processing, Posting and Sending of Notices of Applications / Petitions


UPON

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