Vous êtes sur la page 1sur 1

Host: Earlier, Director Yee mentioned about the application

of water permits through the National Water Resources


Board. Can you give us more background of your agency
and your jurisdiction?
NATIONAL WATER RESOURCES BOARD
1. Introduction
**Relate to water permits first
With regard to water permits, applications shall be filed directly
with the NWRB or through deputized agents in the province
where the point of diversion is situated in the case of
appropriation of water or where the project is located.
Host: Who are the deputized agents of the NWRB? The
NWRB's deputized agents are DPWH, NIA, NPC and Water
Districts.

ARTICLE 89: The decisions of the Council on water rights


controversies may be appealed to the Court of First Instance
(now Regional Trial Court) of the province where the subject
matter of the controversy is situated within fifteen (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.
Regular courts have jurisdiction where the issue involves the
enjoyment of an existing right to use water : Where the case
does not involve the settlement of a water rights dispute, but
the enjoyment of a right to water for use which a permit was
already granted, the regular courts has jurisdiction over the
dispute, not NWRB.
UTILIZATION OF WATERS

To reiterate, these water permits may be granted, as


mentioned by Atty. Velasco, for any of the following purposes:
Domestic, Irrigation, Power, Fisheries, Industrial, Livestock,
Recreational and Commercial
The National Water Resources Board ("NWRB") is the lead
government agency in the Philippine water sector, conferred
with policy-making, regulatory and quasi-judicial functions.
The NWRB is responsible for ensuring the optimum
exploitation, utilization, development, conservation and
protection of the country's water resource, consistent with the
principles of Integrated Water Resource Management.
The predecessor of the NWRB is the National Water
Resources Council (NWRC), which was created in 1974
under Presidential Decree No. 424, otherwise known as the
Integrated Reorganization Plan. It was subsequently renamed
as NWRB pursuant to Executive Order No. 124-A.
Although independent, insofar as its regulatory and quasijudicial functions are concerned, the NWRB is under the
administrative supervision of the Department of Environment
and Natural Resources, as an attached agency. The NWRB
Board, composed of five (5) cabinet secretaries, a
representative from the academe and the executive director, is
chaired by the Secretary of Environment and Natural
Resources.
2. Jurisdiction of NWRB
ARTICLE 88: The Council shall have original jurisdiction over
all disputes relating to appropriation, utilization, exploitation,
development, control, conservation and protection of waters
within the meaning and context of the provisions of this Code.
The decisions of the Council on water rights controversies shall
be immediately executory and the enforcement thereof may be
suspended only when a bond, in an amount fixed by the
Council to answer for damages 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 sixty (60) days after the
parties submit the same for decision or resolution.
The Council shall have the power to issue writs of execution
and enforce its decisions with the assistance of local or
national police agencies.

Note: I transferred the Utilization topic after Maan kasi


parang off sya idiscuss after water permit
**Relate with powers of NRWB: power to declare
CONTROL AREAS
Host: What are these control areas? An area of land where
subterranean or ground water and surface water are so
interrelated that withdrawal and use in one similarly affects the
other. (Art. 32)

ARTICLE 32: The utilization of subterranean or ground water


shall be coordinated with that of surface waters such as rivers,
streams, springs and lakes, so that a superior right in one not
adversely affected by an inferior right in the other.
For this purpose the Council shall promulgate rules and
regulations and declare the existence of control areas for the
coordinated development, protection, and utilization of
subterranean or ground water and surface waters.
IRR
Sec. 25 Publish declaration in 3 newspapers of general
circulation
Sec. 26 Appropriation of surface water shall, in general, have
preference over ground water
ARTICLE 31: Preference in the development of water
resources shall consider
1. security of the State,
2. multiple use,
3. beneficial effects,
4. adverse effects and
5. costs of development
ARTICLE 33: Water contained in open canals, aqueducts or
reservoirs of private persons may be used by any person for
domestic purpose or for watering plants as long as the water is
withdrawn by manual methods without checking the stream or
damaging the canal, aqueduct or reservoir; provided, that this
right may be restricted by the owner should it result in loss or
injury to him.