PD 1067 – THE WATER CODE OF

THE PHILIPPINES

The Philippine Clean Water

Act of 2004 - (RA 9275)
The Clean Water Act (CWA) is the
cornerstone of surface water
quality protection in the United
States. The act does not deal
directly with ground water or
with water quantity issues.
 CWA: Water Quality Based Approach—The
Big Picture
 water quality standards;
ily  anti degradation policy;
 water body monitoring and assessment;
 reports on condition of the nation’s waters;
nt
 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;
Water Quality Standards
 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
of specific and limitedto
usethe easement of public use in the interest of
recreation, navigation, floatage, fishing and salvage.
 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?
Δ Why the need for the Clean Water Act?
Δ What is the Clean Water Act?
Δ How will water quality be managed?
Δ Who will manage these areas?
Δ Who are the members of the Governing Boards?
Δ What are the functions of the Governing Boards?
Δ How will discharges of wastewater be controlled?
Δ How will domestic wastewater be addressed?
Δ How will the discharge of wastewater be discouraged?
Δ How will the control be encourage?
Δ What safeguards are provided for?
Δ What are the prohibited acts under R.A. 9275?
Δ What are the fines and penalties imposed on polluters?
Δ Who should implement the Clean Water Act?
The Philippine Clean Water Act of 2004 (Republic Act
No. 9275) aims :
 protect the country’s 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.
 COVERAGE OF THE ACT

 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
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
 WATER POLLUTION PERMITS AND CHARGES
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
 Prohibited Acts
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

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;
 Who implements the Clean Water Act?

DENR

DEPE
D

DILG
Philippin
Philippin
e
e coast
coast DPWH
DPWH DA DOH
DOH
DA
guard
guard

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
 THE END

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