Water Code of the Philippines: Everything You Need to Know

Presidential Decree No. 1067, also referred to as the Water Code of the Philippines, is a law dedicated to overseeing everything related to the Philippines’ bodies of water. The code applies to all waterways inside the Philippine territory, including surface waters, groundwater, airborne waters, and ocean waters.

The objectives of the Water Code of the Philippines are:

● To provide the fundamental guidelines and structure for the appropriation, management, and conservation of water resources to maximize their development and sensible use;

● To specify the scope of the rights and responsibilities of water owners and users, including the safeguarding and control of such rights;

● To pass a fundamental law controlling the allocation, ownership, use, development, conservation, and protection of water resources and the land rights associated with them; and

● To list the administrative bodies responsible for enforcing this Code.

Natural Water Resources Board

The National Water Resources Board (NWRB), entrusted with policy-making, regulatory, and quasi-judicial responsibilities, is the leading government agency in the Philippines’ water sector. In accordance with Integrated Water Resource Management principles, the NWRB ensures the best possible exploitation, utilization, development, conservation, and protection of the nation’s water resources.

Importance of the Water Code of the Philippines on Territorial Claims

The Water Code of the Philippines is created to ensure the security of Philippine waters and their maximum usage to benefit the Filipino people. Under the 1987 Constitution, the national territory is defined as “all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.”

However, in international laws, the United Nations Convention on the Law of the Sea only recognized sovereignty up to 12 nautical miles from the shore, meaning that there are still exceptions regarding the country’s sovereignty over bodies of water.

Aside from territorial waters, ownership of bodies of water found on private land is also discussed in the Water Code, making it easier for property owners and developers to plan how they will use their property when there are bodies of water around or within the property.

Article 5 and 6 of the Water Code specifies that the following belongs to the state:

● flowing continuously or sporadically from springs and brooks in their natural beds, as well as the beds themselves;

● riverbeds in their natural state;

● all other types of surface waters, including those that flow over the land, are produced by artificial or natural rain, as well as runoff, seepage, and drainage from agricultural activities;

● natural lagoons and lakes;

● groundwaters or subterranean waters;

● airborne water;

● seawater;

● lakes and lagoons that are present naturally on private lands;

● rising waves on such terrain, whether constant or intermittent;

● groundwaters or subterranean waters;

● a downpour of rain pouring on such plains; and

● water in marshes and swamps.

Importance of the Water Code of the Philippines on Water Usage

Water is an important part of the Philippine economy since the marine and agricultural sectors greatly contribute to stabilizing the country’s economic growth. As an archipelago, bodies of water form a large part of the country, which is why many citizens rely on marine life and aquaculture for livelihood. The country is also blessed with fertile land, making agriculture one of the primary economic activities in the country, hence the need for a proper irrigation system.

Tourism also became a primary economic activity with all the natural resources available in the country. Aside from the tropical climate, the Philippines is also known for its white sand beaches with clear water, cold rivers, and hot springs, all of which are regulated by the Philippines’ Water Code. In chapters three and four of the Water Code of the Philippines, the proper appropriation and utilization of Philippine water in different sectors are discussed.

Particularly, these chapters cover the following:

● Domestic

● Irrigation

● Municipal

● Power generation

● Livestock raising

● Fisheries

● Industrial

● Recreational

● Other Purposes

According to Article 31 of this code, water utilization shall promote the development of water resources and consider the state’s security.

Importance of the Water Code of thePhilippines on Citizen’s Health and Wellnes s

Chapter Five of the Water Code discusses the measures the assigned government agencies take to protect the citizens and their properties against water-related problems such as flooding, river encroachment, and change in a river or steam course. In such events, this code gives power to the Secretary of Public Works, Transportation, and Communications to proclaim flood control zones and enact regulations for managing floodplain management plans in these areas to further the best interests and coordinated protection of floodplain lands.

According to this chapter, the owners of the affected lands may not compel the government to restore the river to its old bed or prevent the government from taking action to revert the river or stream to its former course when it abruptly changes its course to pass through private lands. The owners of the affected lands are not entitled to compensation for any harm incurred as a result. However, in proportion to how much space was lost by each, the previous owners of the new bed will now be the owners of the abandoned bed.

If a permit is obtained from the Secretary of Public Works, Transportation and Communication and work related to it is started within two years of the river or stream’s change in course, the owners of the affected lands may decide to restore the river or stream to its original bed at their own expense.

Water and Related Land ResourcesProtection and Conservation

Chapter Seven of PD 1067 discusses the laws to protect and conserve the country’s water resources. The Department of Natural Resources has the authority to designate any watershed, area of land, or surface or subsurface body of water as a protected area. The Department may issue rules and regulations to prohibit or regulate activities by property owners or inhabitants inside a protected area that could harm or deteriorate surface water or groundwater or obstruct the study, use, control, protection, management, or administration of such waters.

This code also emphasizes that without the National Pollution Control Commission’s prior approval, no one is allowed to construct structures that could release harmful or noxious substances or carry out any actions that could introduce sewage, industrial waste, or other pollutants into any source of water supply.

This code defines water pollution as the degradation of water quality beyond a certain standard. This criterion, which the National Pollution Control Commission will establish, may change depending on how the water is used.

Penalties for Violators of the WaterCode of the Philippines

According to article 90 of this code, the following actions shall result in the suspension or cancellation of the violator’s water permit or other entitlement to the use of water, as well as a fine of not more than One Thousand Pesos (PHP 1,000.00):