Introduction

Irrigations and drainages are water channels created by humans to supply water to
agricultural crops, and, to remove unnecessary water or wastewater in a specific area,
respectively. Creating those can create destructions to us, humans, and to the environment such
as extreme flooding and pollution that is why laws like the Presidential Decree No. 1067, s. 1976
or the Water Code of the Philippines is created to help minimize damages caused by the projects
done by human such as irrigations and drainage, and rules and regulations regarding the correct
usage to help conserve water and bodies of water.
Content
The Presidential Decree No. 1067, s. 1976, also known as the “Water Code of the Philippines” is
a decree signed by our Former President Ferdinand E. Marcos on December 31, 1976, to provide
for the utilization, exploitation, development, conservation, and protection of water resources to
be subject to the control and regulation of the government through the NWRC.
The following articles are about the irrigations and drainage and the rules and regulations
regarding it.

ARTICLE 5.

According to this article on paragraph d., that drainage belongs to the State.

ARTICLE 10.

Water can be used for irrigation purposes for producing agricultural crops.

ARTICLE 29.
Water permit for irrigation purposes can be revoked after due notice if the land is converted to
non-agricultural purposes.

ARTICLE 44.

Outlets of drainage systems should be any bodies of water as may be approved by the proper
government agency.

ARTICLE 45.

If a number of persons decided to create a drainage channel, the cost of construction and
maintenance of the channel shall be equally payed according to the benefits per individual.

ARTICLE 46.
Routes and methods of drainage to drain water from higher to lower land shall be chosen by the
higher land. The chosen path that the water will pass shall cause minimum damage to the lower
areas, subject to the requirements of fair compensation.

ARTICLE 48.
Irrigation or drainage will not be disrupted if a project will be conducted. The person or agency
constructing the project will create structures like flumes or bridges to maintain the irrigation or
drainage. The cost will be bear by the person or agency as additional compensation for land and
incidental damages.

ARTICLE 50.

It is the obligation of the estates at the lower lands to receive the waters from higher lands which
flow naturally and without human intervention. The owner of the higher lands cannot create
works that will increase the natural flow and the owner of the lower lands can create and
construct other method of drainage that will not obstruct the natural flow.
ARTICLE 60.
On specific season of the year, any activity done on rivers and lakes that are used for irrigation
can be controlled or prohibited to supply the needs of the land where the irrigation is used.

ARTICLE 71.

Water permit for irrigation purposes will not be granted for individuals if the water needed by the
said individual can be supplied by the irrigation associations and appropriation of waters by
associations to promote better conservation of water and proper use of the irrigation.

ARTICLE 74.
Any bodies of water which have wildlife propagation purposes can be preserved and protected
from operations and development including drainage operations.

ARTICLE 91.

Obstruction of an irrigation canal is punishable of fine not exceeding Three Thousand Pesos
(P3,000.00), or imprisonment for not more than 3 years, or both fine and imprisonment.

ARTICLE 95.

On or before December 31, 1974, all claims for the right to use water including the use of water
for irrigation should be registered to the Council which will confirm said rights according to the
code.

ARTICLE 100.
The Act. No. 2152 or the Irrigation Act, section 3 which stetes that the “priority of appropriation
shall give the better right as between two or more persons using the public waters. In
determining the priority, the nonuser of the water for a period of five years shall extinguish any
claim of priority unless such nonuser shall have been caused by force majeure. When the waters
of any source of supply are not sufficient for the service of all those desiring the use of the same,
and when priority of appropriation can not established, the order of preference shall be as
follows: (a) Domestic purposes. (b) Agricultural purposes or power development for
agricultural purposes. (c) Industrial purposes. (d) Ponds for fisheries. (e) Mining purposes or
milling connected with mining purposes.” is revoked.

REFERENCES
 https://www.officialgazette.gov.ph/1976/12/31/presidential-decree-no-1067-s-1976/
 https://www.chanrobles.com/acts/actsno2152.html#:~:text=In%20order%20to
%20favor%20the,in%20accordance%20with%20existing%20law.
 https://www.dbm.gov.ph/wp-content/uploads/OPCCB/OPIF2011/OEO/NWRB.pdf