1.

Ownership of Water:

 The Water Code asserts that all waters within the territory of the Philippines belong to
the State (Article 5). This includes rivers and their natural beds, natural waters from
springs and brooks, natural lakes and lagoons, all categories of surface water (like
rainwater and water from agricultural runoff), atmospheric water, subterranean or
ground waters, and seawater.

 Waters found on private lands also belong to the State, including continuous or
intermittent waters rising on such lands, naturally occurring lakes and lagoons,
rainwater, subterranean or ground waters, and waters in swamps and marshes.
However, the landowner can use these waters for domestic purposes without a permit,
subject to registration and potential regulation by the Council in case of wastage or
emergency (Article 6).

2. Purpose of the Water Code:

 The Water Code is designed to establish a comprehensive and integrated approach to

the appropriation, control, conservation, and utilization of water resources in the
Philippines. Its objectives are to:

 Establish basic principles and frameworks for the management of water

resources.

 Define the rights and obligations of water users and owners, including the
protection and regulation of such rights.

 Adopt a basic law governing water resources and related land rights.

 Identify administrative agencies responsible for enforcing the Code (Article 2).

 It aims to achieve optimum development and rational utilization of water resources,

responding to the country's evolving needs and ensuring sustainable management.

3. Important Statutory Definition of Terms:

 "Waters" refers to all kinds of water found in the Philippines, including water under the
ground, water above the ground, water in the atmosphere, and seawater within the
territorial jurisdiction (Article 4).

 "Appropriation of water" means acquiring rights over the use of waters or

taking/diverting waters from a natural source in a legally permissible manner (Article 9).

 "Water right" is defined as the privilege granted by the government to appropriate and
use water (Article 13).

4. Water Permit Rule and Exceptions:

 Generally, no person, including government entities, can appropriate water without a

water right evidenced by a water permit (Article 13). This is crucial for the regulation and
monitoring of water resource usage.
 Exceptions to the need for a water permit are outlined in Article 14, which includes:

 Appropriation of water through hand-carried receptacles.

 Bathing or washing, watering or dipping of domestic or farm animals, and

navigation of watercraft or transportation of logs by flotation.

 Only Filipino citizens of legal age and juridical persons qualified by law can apply for
water permits (Article 15). Applications for water permits are processed by the Council,
taking into account various factors like existing permits, water availability, and potential
adverse effects (Article 16).