PD 1067 THE WATER CODE OF

THE PHILIPPINES

The Philippine Clean Water
Act of 2004 - (RA 9275)
water quality standards;
anti degradation policy;
water body monitoring and assessment;
reports on condition of the nations waters;
total maximum daily loads (TMDLs);
NPDES (National Polluant Discharge Elimination
System) permit program for discharges from point
sources;
section 319 program for nonpoint sources;
section 404 program regulating discharge of dredged or
fill materials to wetlands and other waters; and
section 401 state water quality certification; state
revolving loan fund (SRF)
allocate acceptable loads among
sources of the relevant pollutants
ensure that high quality is not unnecessarily degraded
and that all waters meet their minimum water quality
criteria
expressed in terms that allow
quantifiable measurement
Three Major Components
Designated uses
water quality criteria
Antidegradation policy and implementation
P.D. 1067 THE WATER CODE
OF THE PHILIPPINES





OUTLINE OF TOPIC:
OBJECTIVE
PRINCIPLES
DEFINITION
OWNERSHIP OF WATERS
APPROPIATIO OF WATERS
UTILIZATION OF WATERS
CONTROL OF WATERS
CONSERVATION AND PROTECTION OF
WATERS AND WATERSHEDS AND RELATED
LAND RESOURCES
ADMINISTRATION OF WATERS AND
ENFORCEMENT OF THE 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 and to achieve the optimum development and
rational utilization of these resources;

b. To define the extent of the rights and obligation of water
users and owners including the protection and regulation of
such rights;

c. To adopt a basic law governing the ownership,
appropriation, utilization, exploitation, development,
conservation and protection of water resources and rights to
land related thereto; and

d. To identify the administrative agencies which will enforce
this Code.
The underlying principles of this code
a. All waters belong to the PHILIPPINES.
b. All waters that belong to the state can not be the subject
to acquisitive prescription
c. The state may allow the use or development of waters by
administration concession.
d. The utilization, exploitation, development, conservation
and protection of water resources shall be subject to the
control and regulation of the government through the
National Water Resources Council.
Preference in the use and development of waters shall
consider current usages and be responsive to the changing
needs of the country.
WATERS
As used in the Water Code,
refers to water under the
ground, water above the ground,
water in the atmosphere and the
waters of the sea within the
territorial jurisdiction of the
Philippines.
OWNERSHIP OF WATERS
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs
and brooks running in their natural beds and
the beds themselves
c. Natural lakes and lagoons;
d. All other categories of surface waters such
as water flowing over lands, water form rainfall
whether natural or artificial, and water from
agriculture runoff, seepage and drainage;
e. Atmospheric water;
f. Subterranean or ground water; and
g. Seawater
OWNERSHIP OF WATERS
The following waters found on private
lands:
a. Continuous or intermittent waters rising on
such lands;
b. Lakes and lagoons naturally waters rising
on such lands;
c. Rain water and falling on
such lands;
d. Subterranean or ground
waters; and,
e. Waters in swamps and
marshes.
All belongs to the State
ARTICLE 6
The owner of the land where
the water is found may use
the same for domestic purposes
without securing a permit,
provided that such use shall be
registered, when required by the
National Water Resources Council.

The Council, however, may regulate
such use when there is (1) wastage, or
(2) in times of emergency.
ARTICLE 7
Subject to the provisions of
the Water Code, any
person who captures or
collects water by means of
cisterns, tanks or pools
shall have exclusive control
over such water and the
right to dispose of the
same.
APPROPRIATION OF WATERS
As used in the Water Code, is the acquisition of rights
over the use of waters or the taking or diverting of
waters from a natural source in the manner and for any
purpose allowed by law.
APPROPRIATION OF WATERS
a. Domestic
b. Municipal
c. Irrigation
APPROPRIATION OF WATERS




d. Power generation
e. Fisheries
f. Livestock raising
APPROPRIATION OF WATERS
g. Industrial
h. Recreational, and
i. Other purposes
WATER RIGHT is the privilege granted
by the government to appropriate and use
water.


WATER PERMIT is the document
evidencing the water right.


(GENERAL RULE) No person, including government
instrumentalities or government-owned corporations, shall
appropriate water without a water right, which shall be
evidenced by a document known as a water permit.

(EXCEPTION) Any person may appropriate or use natural
bodies of water without securing a water permit for any of
the following:
1. Appropriation of water by means of hand carried
receptacles; and
2. Bathing or washing, watering or dipping of domestic or
farm animals, and navigation of watercrafts or
transportation of logs and other objects by floatation.
REGALIAN DOCTRINE
is the doctrine
recognized in our
constitution whereby
ownership of minerals
and all forces of
potential energy and
other natural resources
are reserved for the
State (see Article XII,
Section 2, 1987
Constitution).
ARTICLE 20: 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.

UTILIZATION OF WATERS
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 32:CONTROL AREA is 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.
UTILIZATION OF WATERS
Drainage systems shall be so constructed that their outlets are
rivers, lakes, the sea, natural bodies of water, such other water
course as may be approved by the proper government agency

Lower estates are obliged to receive the waters which naturally
and without the intervention of man flow from the higher
estates, as well as the stones or earth which they carry with
them.

The banks or rivers and streams and the shores of the seas and
lakes throughout their entire length and within a zone of three
(3) meters in urban areas, twenty (20) meters in agricultural
areas and forty (40) meters in forest areas, along their margins,
are subject to the easement of public use in the interest of
recreation, navigation, floatage, fishing and salvage.
Antidegradation policy
Entitles the owner of specific and limited use
CONTROL OF WATERS

To promote the best interest and the coordinated protection of
flood plain lands

The government may construct necessary flood control
structures in declared flood control areas, and for this purpose it
shall have a legal easement as wide as may be needed along and
adjacent to the river bank and outside the bed or channel of the
river.
River beds, sand bars and tidal flats may not be cultivated
except upon prior permission.
CONTROL OF WATERS

Waters of a stream may be stored in a reservoir by a permittee in such
amount as will not prejudice the right of any permittee downstream.
Whoever operates the reservoir shall, when required, release water for
minimum stream flow.
All reservoir operations shall be subject to rules and regulations issued by the
Council or any proper government agency
No person shall drill a well without prior permission from the
Council.

Article 65. Water from one river basin may be transferred to another river
basin only with approval of the Council
CONSERVATION AND PROTECTION OF
WATERS AND WATERSHEDS AND RELATED
LAND RESOURCES

Established minimum stream flows for rivers and streams, and minimum
water levels

Any watershed or any area of land adjacent to any surface water or
overlying any ground water may declared as protected area
prohibit or control such activities by the owners or occupants
CONSERVATION AND PROTECTION OF
WATERS AND WATERSHEDS AND RELATED
LAND RESOURCES

Considerations for water resources
development:
Ecological changes
Conservation of fish and wildlife
Waterfowl propagation or other wildlife
purposes
Permission from the National Pollution
Control Commission
Water pollution is the impairment of the quality of water beyond a certain
standard. This standard may vary according to the use of the water and shall
be set by the National Pollution Control Commission.
ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE
PROVISIONS OF THIS CODE

The Administration and enforcement of the provisions of this Code,
Council NATIONAL WATER RESOURCES COUNCIL / NATIONAL WATER
RESOURCES BOARD OF DENR


COUNCIL A GROUP OF PEOPLE WHO ARE PEOPLE CHOOSEN TO MAKE
RULES,LAWS, OR DECISIONS ABOUT SOMETHING
The Philippine Clean Water
Act of 2004 - (RA 9275)
AN ACT PROVIDING FOR A COMPREHENSIVE WATER
QUALITY MANAGEMENT AND FOR OTHER PURPOSES





WHAT WE SHOULD KNOW ABOUT CWA?
Why the need for the Clean Water Act?
What is the Clean Water Act?
How will water quality be managed?
Who will manage these areas?
Who are the members of the Governing Boards?
What are the functions of the Governing Boards?
How will discharges of wastewater be controlled?
How will domestic wastewater be addressed?
How will the discharge of wastewater be discouraged?
How will the control be encourage?
What safeguards are provided for?
What are the prohibited acts under R.A. 9275?
What are the fines and penalties imposed on polluters?
Who should implement the Clean Water Act?
The Philippine Clean Water Act of 2004 (Republic Act No. 9275)
aims :
protect the countrys water bodies from pollution from land-
based sources (industries and commercial establishments,
agriculture and community/household activities)
provides for a comprehensive and integrated strategy to
prevent and minimize pollution through a multi-sectoral and
participatory approach involving all the stakeholders.
General Application - Water quality management in all water
bodies
Primary Application - abatement & control of pollution from
land based sources
Enforcement of WQ standards, regulations and penalties
irrespective of source of pollution
COVERAGE OF THE ACT

CONCEPTUAL FRAMEWORK
Purpose:
To maintain, upkeep water bodies
To finance wastewater facilities (establish & repair)
Operational expenses of GB (10%)
Provide technical assistance, info, rewards & incentives
National Sewerage & Septage Management Program Sec. 7

A priority listing of sewerage, septage and combined
systems/projects for LGUs
LGUs may enter into BOT or joint venture agreement w/
private sector for constructing, rehabilitating and/or operation
of such facilities
Each LGU shall appropriate land, including right of-way/ road
access, for constructing sewage and
septage treatment facilities.
Domestic Sewage Collection, Treatment & Disposal Sec. 8
W/in 5 years concerned water, sewerage and sanitation (WSS)
agencies/ concessionaires in coordination w/ LGUs, shall
connect subdivisions, condominiums, malls, hotels, public
buildings, etc. in highly urbanized cities (HUCs) shall connect
their sewage lines to available systems or utilize their own
sewerage system
For non-HUCs, septage or combined sewerage septage
management systems to be employed
Said connection subject to service charges/fees
DOH to prepare appropriate guidelines
WASTEWATER CHARGE SYSTEM
Established on the basis of payment to government for
discharging wastewater into the water bodies
Based on net waste load (diff. Of initial load of abstracted
water to waste load of discharged effluent),
Complying industries to be charged minimal reasonable
amount
Discharge Permits
For owners/operators of facilities that discharge regulated water
pollutants
WITH SPECIFIED:
quantity and quality of effluent
compliance schedule
monitoring requirement
WATER POLLUTION PERMITS AND CHARGES
Depositing material of any kind which could cause water
pollution
Discharging, injecting or allowing to seep into the earth any
substance that would pollute groundwater
Operating facilities that discharge regulated water pollutants
without the valid required permits
Operating Facilities that discharge regulated water pollutants
without the valid required permits or after the permit was revoked for
any violation of any condition therein
Refusal to allow entry, inspection and monitoring by the Department
in accordance with this Act
Refusal to allow access by the Department to relevant reports and
records in accordance with this Act
Prohibited Acts
Prohibited Acts
Refusal or failure to submit reports whenever required by the
Department
Refusal or failure to designate pollution control officers
whenever required by the Department
Non-compliance of LGU with the WQM Action Plan
Direct use of booster pumps in the distribution system or
tampering with the water supply
Fines, Damages and Penalties
Fines of 10,000 200,000 PhP for every day of violation; upon
PAB recommendation (rates to be increased 10% every 2 years);
Closure, suspension of development or construction or
cessation of operations, upon PAB recommendation;
2 to 4 yrs. imprisonment for failure to clean up & 50,000
100,000 for every day of violation;
6 to 12 yrs. imprisonment & 500,000 PhP for every day of
violation for such refusal resulting in serious injury or death
and/or irreversible contamination;
DENR
Who implements the Clean Water Act?
Philippine
coast guard
DPWH
DA
DOH
DEPED
DILG
PIA
INCENTIVES AND REWARDS
Rewards, monetary or otherwise, shall be provided to
individuals, private organization and entities, including civil
society, that have undertaken outstanding and innovative
projects, technologies, processes and techniques or activities in
water quality management. Said rewards shall be sourced from
the Water Quality Management Fund herein created.
Incentives Scheme
Tax and Duty Exemption on Imported Capital Equipment
Tax Credit on Domestic Capital Equipment
Tax and Duty Exemption of Donations, Legacies and Gifts
Government financial institutions such as the Development Bank of the
Philippines, Land Bank of the Philippines, Government Service Insurance
System, and such other government institutions providing financial services
shall, in accordance with and to the extent allowed by the enabling
provisions of their respective charters or applicable laws, accord high
priority to extend financial services to LGUs, WDs, enterprises, or private
entities engaged in sewage collection and treatment facilities.
THE END
OUR ENVIRONMENT AND ECOSYSTEM
NEEDS US!!!
To God Be The Glory