WATER CODE PRIMER

WHAT IS PRESIDENTIAL DECREE NO. 1067? A decree instituting a Water Code, revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources. WHAT ARE THE OBJECTIVES OF THIS CODE? The objectives of this Code are: a. To establish the basic principles and framework relating to the appropriation, control and conservation of water resources to achieve the optimum development and rational utilization of these resources; To define the extent of the rights and obligations of water users and owners including the protection and regulation of such rights; To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land; and To identify the administrative agencies which will enforce this Code.

b. c.

d.

WHO IS TASKED TO IMPLEMENT THE PROVISIONS OF THIS CODE? The administration and enforcement of the provisions of this Code including the granting of permits and the imposition of penalties for administrative violations are vested in the National Water Resources Board, and except in regard to those functions which under this Code are specifically conferred upon other agencies of the government, the board is empowered to make all decisions and determinations provided in this Code. WHAT DOES WATER AS USED IN THIS CODE REFER TO? Water, refers to water under the ground, water above the ground, water in the atmosphere and water of the sea within the territorial jurisdiction of the Philippines. WHAT IS APPROPRIATION OF WATER? Appropriation of water as used in this code, is the acquisition of rights over the use of water or the taking or diverting of water from natural source in the manner and for any purpose allowed by the law. HOW CAN WATER BE APPROPRIATED? Water can be appropriated for the following purpose:

a. b. c. d.

Domestic Irrigation Fisheries Industrial

e. f. g. h.

Municipal Power Generation Livestock Generation Recreation

WHAT IS THE USE OF WATER FOR DOMESTIC PURPOSES? Use of water for domestic purposes is the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens and watering of lawns or domestic animals. WHAT IS THE USE OF WATER FOR MUNICIPAL PURPOSE? Use of water for municipal purposes is the utilization of water for supplying the water requirements of the community. WHAT IS THE USE OF WATER FOR IRRIGATION PURPOSES? Use of water for irrigation is the utilization of water for producing agricultural crops. WHAT IS THE USE OF WATER FOR POWER GENERATION? Use of water for power generation is the utilization of water for producing electrical or mechanical power. WHAT IS THE USE OF WATER FOR FISHERIES? Use of water for fisheries is the utilization of water for the propagation and culture of fish as a commercial enterprise. WHAT IS THE USE OF WATER FOR LIVESTOCK RAISING? Use of water for livestock raising is the utilization of water for large herds or flocks of animals raised as a commercial enterprise. WHAT IS THE USE OF WATER FOR INDUSTRIAL PURPOSE? 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. WHAT IS THE USE OF WATER FOR RECREATIONAL PURPOSES? Use of water for recreational purposes is the utilization of water for swimming pools, bath houses, boating, water skiing, golf course and other similar facilities in resorts and other places of recreation. WHAT IS WATER RIGHT AND WATER PERMIT? Water Right is the privilege granted by the government to appropriate and use water. Except as otherwise provided, no person, including government

instrumentalities or government-owned or controlled corporations, shall appropriate water without a water right which shall be evidenced by a document known as a water permit. Approved applications shall be issued water permits subject to such conditions as the Board may impose. Such permit must bear the seal of the Board and the signature of the Executive Director. A copy of said permit shall be furnished the Office where the application was filed. Disapproved applications shall be returned to applicants through the office where the same was filed, within 30 days of such approval, stating the reason. WHAT ARE THE CONDITIONS IMPOSED IN THE WATER PERMIT? Water permits issued by the Board shall be subject to conditions of beneficial use and adequate standards of design and construction to such terms, restrictions and limitations as it may deem proper to impose, and to any, or all of the following conditions: a. That within one year from receipt of the permit the applicant shall submit to the Council for approval, the plans and specifications for the diversion works, pump structure, water measuring device, and other required structures and in addition for private sector projects the implementing schedules of construction. No construction work or private sector projects shall commence until the plans, specifications and implementing schedules are duly approved. When the diversion dam is temporary and less than two meters high, the submission of plans for the dam may not be required. The construction of the necessary structures and diversion works shall begin within 90 days from the date of receipt of the approved plans, specifications and implementing schedule and shall be completed within the approved schedules unless extended by the board for valid or justifiable reasons: Provided, that water shall not be diverted, pumped or withdrawn until after such structures and works shall have been inspected and approved by the Board, unless otherwise allowed. Except in cases of emergency to save life or property or repairs in accordance with plans originally approved, the alteration or repair of these structures shall not be undertaken without the approval of the Board. The right of a permittee to the amount of water allowed in the permit is only to the portion or extent that he can use beneficially for the purpose stated in the permit. The diversion of the water shall be from the source and for the purpose indicated in the permit and in no case should said use exceed the quantity and period indicated. In gravity diversions, regulating gates of the canal shall be closed when water is not needed. The Boards may, after due notice and hearing, reduce at any time the quantity of water or adopt a system of apportionment, distribution, or rotation thereof when the facts and circumstances in any situation

b.

c.

d.

would warrant the same in the interest of the public and/or legal appropriations. e. The Board may, after due notice and hearing, revoke the permit in favor of projects for greater beneficial use or for multi-purpose development, subject to compensation in proper cases. The Board shall revoke or suspend the permit if the permittee violates effluent/water quality standards as determined by the National Pollution Control Commission. At any time after completion of diversion works and necessary structures, non-use of the water for purpose stipulated in the permit for a period of three consecutive years shall render said permit null and void, except as the Board may otherwise allow for reasons beyond the control of the permittee. Any person in control of a well shall prevent the waste of water and shall prevent water from flowing onto the surface of the land or into any surface water without being beneficially used, at into any porous stratum underneath the surface.

f.

g.

h.

WHO ARE EXEMPTED FROM SECURING WATER PERMIT? The owner of the land where water is found may use the water for single family without securing a permit, provided that such use shall be registered, when required by the Board. The Board, whoever, may regulate such use when there is wastage, or in times of emergency. WHO ARE QUALIFIED TO APPLY FOR PERMIT? Only the following may file an application with the Board for permit: a. b. c. Citizen of the Philippines; Associations, duly registered cooperatives or corporations organized under the law of the Philippines, at least 60 percent of the capital of which is owned by the citizens of the Philippines; Government entities and instrumentalities, including governmentowned and controlled corporations.

WHAT IS THE MEASURE AND LIMIT OF APPROPRIATION OF WATER? The measure and limit of appropriation of water shall be beneficial use. Beneficial use of water is the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated. HOW LONG CAN A WATER PERMIT REMAIN VALID? Water permits shall continue to be valid as long as water is beneficially used; however, it may be suspended on the grounds of non-compliance with

approved plans and specifications or schedules of water distribution; use of water for a purpose other than that for which it was granted; non-payment of water charges; wastage; failure to keep records of water diversion, when required; and violation of any term or condition of any permit or of rules and regulations promulgated by the Board. WHAT IS A TEMPORARY PERMIT? Temporary permits are issued for the appropriation and use of water for short periods under special circumstances. The Board may grant temporary permits for the appropriation and use of water in situations such as the following: a. Irrigation of an area pending the construction of a larger system to be operated either by the government or by any irrigation association which will serve said are such permit shall automatically expire when water becomes available for the area from the larger system. In cases where supply from the larger system is not adequate, the permit may be modified accordingly; When there is need to use water for municipal purposes in emergency situations pending the availability of an alternative source of supply as provided in Article 22 of the Code; For special research projects requiring the use of water for certain periods of time; For temporary use of water needed for the construction of roads, dikes, buildings and other infrastructures; and When there are unexpected delays in the approval of the application and appropriation of water is necessary pending the issuance of a water permit, unless the application is protested.

b.

c. d. e.

Temporary permits shall be granted by the Board on a case to case basis specifying the conditions and period under which the permit is valid. The Board may delegate the issuance of temporary permits for a period of not exceeding six months and a quantity of not more than 200 liters per second. CAN A WATER PERMIT BE REVOKED, MODIFIED OR CANCELLED? Water permit may be revoked after due notice and hearing on grounds of non-beneficial use; gross violation of the conditions imposed in the permit; unauthorized sale of water; willful failure or refusal to comply with rules and regulations or any lawful order; pollution, public nuisance or acts detrimental to public health and safety; when the appropriator is found to be disqualified under the law to exploit and develop natural resources of the Philippines; when in the case of irrigation, the land is converted to non-agricultural purposes; and other similar grounds.

CAN A WATER PERMIT BE TRANSFERRED OR LEASED? Water rights may be leased or transferred in whole or in part to another person with prior approval of the Board, after due notice and hearing. WHERE CAN THE APPLICANT FILE HIS WATER PERMIT APPLICATION? Except for those on cloud seeding, any application for permit/authority shall be filed with the Board or the Office of the Public Works District Engineer or the NIA Provincial Irrigation Engineer near the area where the project is located. WHAT IS PERMIT TO DRILL? The Permit to Drill shall be regarded as temporary permit to drill a well for a period of six months, unless a longer period is allowed by the Board for reasonable grounds. WHAT IS THE IMPORTANCE OF PERMIT TO DRILL? Except for domestic use, no person shall drill any well for the extraction of groundwater or make any alteration to any existing well without securing a permit from the Board. For this purpose, only wells with casings not exceeding 75 millimeters in diameter may be allowed for domestic use. WHO ARE QUALIFIED TO DRILL WELLS? No person shall be permitted to undertake well drilling work unless he is duly registered with the Board as well driller. No person shall be registered by the Boards as well driller unless he has at least any of the following qualifications: a. b. A high school graduate with three years experience in well drilling work duly certified by another well driller registered with the Board; or A bachelors degree holder in geology or engineering with one year experience in actual drilling work.

WHAT ARE THE REQUIREMENTS FOR DRILLED WELLS? Drilling of deepwells for the extraction of groundwater shall conform with the following requirements: a. The well shall be so designed and constructed that it will seal off contaminated water-bearing formations or formations which have undesirable characteristics;

b.

There shall be no unsealed openings around the well which may conduct surface water or contaminated or undesirable groundwater vertically to the intake portion of the well; All parts of a permanent well shall be of durable materials; Wells constructed in a sand or gravel aquifer shall be provided with a water-tight casing to a depth of 1.5 meters or more below the lowest expected pumping level, provided that where the pumping level, is less than ten meters from the surface, the casing shall extend three meters below the lowest pumping level.

c. d.

WHAT ARE THE REQUIREMENTS OF APPLICATION? WHAT DOCUMENTS ARE REQURIED FOR FILING? All applications shall be filed in prescribed form sworn to by the applicant and supported by the following: A. For a water permit for Agricultural Purposes: 1. Any document of ownership/possession of the land to be developed such as: a. b. c. d. e. 2. Certificate of Title Tax Declaration Certificate of Land Transfer Contract of Lease, if applicant is a lessee Certificate of Registration

Location Plan of Area showing: a. b. Point of diversion determining graphically by its latitude and longitude; Delineation of area indicating hectarage for which water will be used and adjoining land and their corresponding owners duly indicated relative to the point of diversion; Nature of diversion works, whether temporary or permanent; manner of appropriation, whether by gravity or pump; kind of crop; and approximate location of conveyance canal or conduit; and In case of appropriation of groundwater location and spacing of proposed drilling sites, kind of crop, and approximate location of conveyance canal or conduit in lieu of items (a) and (c) above.

c.

d.

B.

For a Water Permit for Hydraulic Power Development and Industrial Purpose or for a Permit to Dump Mine Tailings or Wastes:

1.

Location and conceptual plans on convenient scale showing the sources of water, layout of proposed works, and point of diversion determined graphically by its latitude and longitude; Brief description of project, including among others, how water will be used, amount of water to be needed for the purpose, power expected to be generated if applicable, amount of water to be discharged back to the source and measures to be taken to ensure that such waters are not polluted, and other relevant information; Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or certificate of registration in case of cooperatives; and When application is for industrial use of groundwater, the location and spacing of drilling well sites instead of diversion point should be indicated in the location plan.

2.

3.

4.

C.

For a Water Permit for Municipal Purposes: 1. Location, topographic and layout map showing the relative position of course and area to be supplied, and diversion point determined graphically by its latitude and longitude; Brief description of the project, including nature and amount of water to be used, population and area to be served, and other pertinent facts and information; Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives; When the application involves the use of groundwater; the location and spacing of drilling well sites determined graphically by latitude and longitude should be indicated in the location plan; and When it involves the reuse of waster water for human consumption, the application should be accompanied by a clearance from the Department of Health allowing the reuse of said waste water and setting forth the conditions.

2.

3.

4.

5.

D.

For a Water Permit for Recreational, Fisheries and other Purposes 1. Location and conceptual plan showing the relative location of the project with the body of water to be utilized for the purpose, determined graphically by its latitude and longitude; Brief description of the project including among others, how the water is to be used, area of water surface needed for the purpose or amount of water to be appropriated and location of diversion canal, if diversion

2.

is to be made, information; and 3.

scheme

of

development,

and

other

relevant

Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives.

E.

For a Permit for Drainage Purposes: 1. 2. Brief description of project for which drainage scheme is necessary; Location and layout maps of drainage works showing area to be drained, route of drainage canal and drainage outlet which should be a natural body of water or a natural waterway; Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives.

3.

F. G.

Such other document that may be required by the Board. In addition to the above requirements, the following are required in the specific instances indicated: a. For Well Drilling except when manual well drilling will be employed, all applications involving extraction of groundwater shall include the name of a duly licensed well driller who will undertake the drilling. Except for manual well drilling, no person shall engage in the business of drilling wells for the purpose of extracting groundwater without first registering as well as a well driller with the Board. For Transfer of a Water Permit Application for the transfer of a water permit from one person to another shall include the reasons for the transfer. For Lease of a Water Permit Applications for the lease of a water permit to another person shall be accompanied by a duly executed contract of lease subject to the approval of the Board. 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.

b.

c.

HOW MUCH IS THE FILING FEE? There shall be imposed and collected a fee of One Hundred Pesos (P100.00) plus Ten Pesos (P10.00) research fee from every applicant, except government agencies, water districts, and duly organized associations or cooperatives for irrigation or rural water supply which shall be paid to the National Water Resources Board in postal money order through the Office where the application is filed.

IS THE BOARD AUTHORIZED TO IMPOSE AND COLLECT FEES FOR WATER USE? The Board is authorized to impose and collect reasonable fees or charges for water resources development from water appropriators, except when it is purely for single family domestic purpose. HOW DO WE DETERMINE WATER CHARGES? Except when the appropriation is for single family domestic purpose or when the quantity of water appropriated for agricultural use is not more than five liters per second, all appropriators shall pay to the board in the manner provided under Section 6 of the Water Code of the Philippines an annual water charge in accordance with the following schedule: A. For the use of water when diverted/extracted from the natural source: Rate of Withdrawal (liters/second) 1. 2. 3. B. Not more than 30 More than 30 but not exceeding 50 More than 50 Charge per liter/sec. P 0.50 0.75 1.00

For the use of surface water at its natural location for fist culture: 1. 2. For surface area not to exceed 15 hectares P20.00/ha. For a surface area of more than 15 hectares P300 plus P30/ha. of the excess over 15 hectares

For this purpose a fraction of a hectare shall be considered as one hectare. The Board may revise the above water charges or impose special water rates from time to time as the need arises taking into consideration, among others, the following: a. b. c. d. e. Intended use of water; Quantity/rate of water withdrawal vis--vis other users taking into account the water bearing potential of the source; Environmental effects; Extent to which water withdrawal will affect the source; and Development cost of bringing water from the source.

HOW ARE NOTICES OF APPLICATIONS POSTED? Upon receipt of an application for water permit, the office concerned shall process the same to determine compliance with the requirements prescribed. If found in order and upon payment of filling fee, notices of the application shall be posted in a conspicuous place in said office and shall remain posted for period of

60 days. Notices of application shall, likewise, be sent by the said office to the following for posting in a conspicuous place for the same period. a. b. c. d. Barangay Chairman of the place where the point of diversion is located; Municipal Secretary of the town where the point of diversion is located; The Secretary of Sangguniang Panlalawigan of the Province where the point of diversion is located; Public Works District Engineer or Provincial Irrigation Engineer as the case may be;

Copies of the Notice of Application shall likewise be furnished to concerned Regional Offices of the Department of Public Works and highways (DPWH), National Irrigation Administration (NIA), National Power Corporation (NPC), Department of Environment and Natural Resources (DENR) and Local Water District Office, if any. WHO CAN FILE PROTESTS/COMPLAINTS? Any person who may be adversely affected by the proposed appropriation may file a verified protest with the Board or with its deputized agency within 60 days after the posting of the Notice of Application. HOW TO FILE COMPLAINTS/PROTESTS? All complaints shall be in writing, sworn to by the complaints/protestant and must contain the following: a. b. c. d. e. f. g. Name, postal address and personal circumstances of complaint/protestant; Name and postal address of respondent/protestee; Substance of the complaint; Grounds or causes of action; Brief and concise statement of the pertinent facts and circumstances; Relief sought; and Names and postal addresses of witnesses to be summoned, if any;

All complaints shall be accompanied by affidavits and witnesses as well as supporting documents, if any. However, complaints/protests filed solely on the ground of adverse effects on the privileges to use water from any source shall not be entertained unless the complainant/protestant is a water permittee. WHERE CAN A COMPLAINANT FILE HIS/HER PROTEST? Complaints/protests may be files with the Board or the Office of the Public Works Regional Director, the Public Works District Engineer of NIA Provincial Irrigation Officer, in the place where the source of water subject to the controversy is located. Complaints/protest on the use of water for hydraulic power development shall be filed with either the Board or the Office of the Public Works Regional Director.

HOW MUCH IS THE FILING FEE FOR A PROTEST? There shall be imposed and collected a filing fee of One Hundred Pesos (P100.00) from every complainant/protestant except from pauper litigants in accordance with the rules of the Court. The said fee shall be paid to the National Water Resources Board in postal money order through the office where the complaint/protest is filed. WHEN AND HOW AN APPEAL/PETITION AND/OR INVESTIGATION IS MADE? A. FOR RECONSIDERATION

Appeal on the decision of the Council in accordance with the Article 89 of the Code shall be made by the party adversely affected within 15 days from receipt of the decision unless a petition for reconsideration or reinvestigation is filed with the Board within the same period. The filing of said petition suspends the running of the 15-day period within which to file an appeal with the court. Petition for reconsideration/reinvestigation shall be based on any of the following grounds: 1. Fraud, accident, mistake or excusable negligence which ordinarily prudence could not have guarded against and by reason of which the aggrieved party has probably been unpaired in his rights; Newly discovered evidence which petitioner could not, with reasonable diligence, have discovered and produced at the investigation and which if presented would probably alter the result; and Palpable errors in the findings of facts and conclusions of laws or decisions that are not supported by the evidence adduced in the investigation.

B.

2.

3.

Only one petitioner for reconsideration/reinvestigation accompanied by proof of service upon the party shall be entertained: Resolution of petitions for reconsideration/reinvestigation shall be served upon the parties concerned. DOES THE BOARD HAVE JURISDICTION OVER ALL DISPUTES RELATING TO APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT, CONTROL, CONSERVATION AND PROTECTION OF WATER? Yes. The Board shall have original jurisdiction over all disputes relating to appropriation, utilization, exploitation, development, control, conservation ad protection of waters within the meaning and context of the provisions of the Code.

ARE THE DECISIONS OF THE BOARD ON WATER RIGHTS CONTROVERSIES EXECUTORY? DOES THE BOARD HAVE THE POWER TO ISSUE WRITS OF EXECUTION? Yes. The decisions of the Board on water rights controversies shall immediately be executory and enforcement may be suspended only when a bond, in an amount fixed by the Board to answer for damaged occasioned by the suspension or stay of execution, shall have been filed by the appealing party, unless the suspension is by virtue of an order of a competent court. All disputes shall be decided within 60 days after the parties submit the same for decision or resolution. The Board have the power to issue writs of execution and enforce its decisions with the assistance of local or national police agencies. ARE THE DECISIONS OF THE BOARD CONTROVERSIES APPEALABLE TO THE COURT? ON WATER RIGHTS

Yes. The decision of the board on water rights controversies may be appealed to the Court of First Instance of the province where the subject matter of the controversy is situated within 15 days from the date the party appealing receives a copy of the decision, on any of the following grounds: (1) grave abuse of discretion; (2) question of law; and (3) questions of fact and law. CAN THE BOARD IN THE EXERCISE OF ITS POWER TO INVESTIGATE AND DECIDE CASES ISSUE SUBPOENA? Yes. The Board or its duly authorized representatives, in the exercise of its power to investigate and decide cases brought to its cognizance, shall have the power to administer oaths, compel the attendance of witnesses by subpoena and the production of relevant documents by subpoena. Non-compliance or violation of such orders or subpoena shall be punished in the same manner as indirect contempt of an inferior court upon application by the aggrieved party with the proper Court of First Instance with the provisions of Rule 71 of the Rules of Court. WHAT ARE THE VIOLATION CONSIDERED AS LIGHT OFFENSES AND PENALTIES IMPOSED FOR SUCH OFFENSES? A fine of more than Two Hundred Pesos (P 200.00) and/or suspension of the permit/grant for a period of not more than 60 days shall be imposed for any of the following violations: a. b. Illegal taking or diversion of water in an open canal or reservoir. Unauthorized utilization of an existing well or ponding or spreading of water for recharging subterranean or groundwater supplies;

c.

Appropriation of subterranean or groundwater for domestic use by an overlying landowner without the registration when required by the Council; Failure of the appropriator to keep a record of water withdrawal when required by the Board or by the rules and regulations of other water oriented agencies such as Water Districts created pursuant to Presidential Decree No. 198, as amended, provided that such rules and regulations have been approved by the Board; Repair without permission of hydraulic works or structures involving alteration of its hydraulic or structural features as originally approved; and Such other infractions as the Council may determine.

d.

e.

f.

WHAT ARE THE VIOLATION CONSIDERED AS LESS GRAVE OFFENSES AND PENALTIES IMPOSED FOR SUCH OFFENSE? A fine of not more than Two Hundred Pesos (P 200.00) but not exceeding Five Hundred Pesos (P 500.00) and/or suspension of the water permit/grant for a period of 120 days shall be imposed for the following violations: a. b. c. d. Unauthorized sale, lease or transfer of water permits and/or water rights; Failure to install a regulating and measuring device for the control of the volume of water appropriated when required; Non-payment of water charges; and Violation of or non-compliance with any order, rule or regulation of the Board.

WHAT ARE THE LEGAL SANCTIONS IMPOSED ON VIOLATION OF SUCH REGULATIONS PROVIDED IN THIS CODE? The Council shall promulgate the necessary rules and regulations which may provide for penalties consisting of a fine not exceeding One Thousand Pesos (P 1,000.00) and/or suspension or revocation of the water permit or other right to the use of water. Violations of such rules and regulations may be administratively dealt with the Board. WHAT ARE THE VIOLATION CONSIDERED AS GRAVE OFFENSE AND THE PENALTIES IMPOSED FOR SUCH OFFENSE? a. b. Drilling of a well without permit or with expired permit; Failure to provide adequate facilities to prevent or control disease whenever required in the construction of any work for the storage, diversion, distribution and utilization of water;

c. d. e. f. g. h. i.

Construction of any hydraulic work or without duly approved plans and specifications; Failure to comply with any of the terms or conditions in a water permit/grant not covered by the preceding sections; Non-observance of any standard for the beneficial use of water and/or schedule of water distribution; Use of water for a purpose other than that for which a right or permit was granted; Malicious destruction of hydraulic works or structure valued at not exceeding Five Thousand Pesos (P 5,000.00); Unauthorized sale of water in violation of the permit; and Such other serious violations as the Board may determine.

WHAT ARE THE PENALTIES FOR DELINQUENCY? Where the penalty imposed is a fine and the offender fails to pay the same within the given period, he shall be liable, in addition, to pay Five Pesos (P 5.00) per day of delay but in no case to exceed One Thousand Pesos (P 1,000.00). However, if penalty imposed is suspension of the water permit/grant, the counting of the period shall begin from the time the original copy of water permit/grant certificate is surrendered to the Board or any of its deputies/agents. Such grant/permit/certificate shall be surrendered within 15 days from receipt of the Boards order or decision and any delay in the surrender will be meted a penalty of Five Pesos (P 5.00) each day. WHAT ARE THE PENALTIES IMPOSED WHERE THE OFFENDER IS A CORPORATION, TRUST, FIRM, PARTNERSHIP OR ASSOCIATION? If the offense is committed by a corporation, trust, firm, partnership, association or any other juridical person, the penalty shall be imposed upon the President, General Manager, and other guilty officers of such corporation, trust, firm, partnership, association, or entity, without prejudice to the filing of a civil action against said juridical person. If the offender is an alien, he shall be deported after serving his sentence, without further proceedings. After final judgment of conviction, the Court upon petition of the prosecuting attorney in the same proceedings and after due hearing, may, when the public interest so requires, order the suspension or dissolution of such corporation, trust, firm, partnership, association or juridical person. WHAT ARE THE LEGAL SANCTIONS, IN CASE WHERE THE VIOLATORS ARE NOT PERMITTEES? In cases where the violator is not a permittee or grantee, he has no right to use water whatsoever, the Council through its deputies or authorized representatives shall cause the stoppage of the use of the water either by

plugging or sealing of the well if the same involves groundwater appropriations or demolition of the dam or hydraulic structures if the same involves surface water, without prejudice to the institution of a criminal/civil action as the facts and circumstances may warrant. WHAT ARE THE PENALTIES IN CASES WHERE THE VIOLATORS ARE NOT THE OWNER OF THE WELL STRUCTURE? In cases where the violator is not the owner of the well or structure, he shall be penalized twice as much as the fine imposed on the owner of such well or structure without prejudice to the inclusion of his name as a party defendant in any action filed. Proper representations in this regard shall be made with the appropriate agency for the cancellation or suspension of his license/certificates or registration. HOW MAY PERMITS BE REVOKED OR SUSPENDED BY THE BOARD? Water permits or other rights to use water may be revoked or suspended summarily by the Council if any of the following facts and/or conditions exists: a. b. c. d. e. That the suspension/revocation will redound to greater public interest, public health and safety; That the acts complained of are grossly illegal per se; That the violative acts is the second offense on record involving the same infraction; That the non-observance of or non-compliance with the rules, order or regulation is willful and deliberate; When there is a prima facie showing that the non-observance of any standard for the beneficial use of water or non-compliance with any of the terms or conditions in a water permit or water grant is prejudicial to the life and property of third person; When the suspension or revocation is sought by an injured party, provided he files a bond to cover any damage which maybe sustained by the permittee or grantee arising from such summary revocation/suspension; In times of emergency, where there is a prima facie showing that the use of water by the permittee/grantee is wasteful; When health authorities so recommend to prevent or control the spread of disease due to inadequate facilities; When in a decision of a competent court the revocation or suspension of the water permit or grant is ordered or recommended; and Such other serious offenses or gross violations and infractions as the Board may decide.

f.

g. h. i. j.

DIRECTORY OF KEY OFFICIALS

(Original Signed)

HECTOR A DAYRIT Executive Director Tel. No. 928-2365 Fax No. 920-2641 MELCHOR O. BALTAZAR Deputy Executive Director Tel. No. 928-4702 LOPE R. VILLENAS Chief, Policy and Program Division Tel No. 920-2724 PR/Training, Library 920-2681; 929-6071 to 75 Loc. 200 JORGE M. ESTIOKO Chief, Monitoring and Enforcement Division Tel. No. 920-2654 JESUS G. DE LEON Chief, Water Rights Division Tel. No. 920-2693/920-2603 MARIO M. TOMAS Chief, Water Utilities Division Tel. No. 920-2714 BELEN T. TORMON Tel. No. 920-2775 Fax No. 921-2834

MEMBERS OF THE BOARD

(Original Signed)

The Secretary Department of Public Works and Highways Chairman The Administrator Metropololitan Waterworks and Sewerage System The Administrator National Irrigation Administration The Director-General National Economic and Development Authority The Secretary Department of Agriculture The President National Power Corporation The Administrator Local Water Utilities Administration The Secretary Department of Environment and Natural Resources The Secretary Department of Trade and Industry The Secretary Department of Health