Water Code of The Philippines Amended

March 21, 2005
WATER CODE OF THE PHILIPPINES AMENDED IMPLEMENTING RULES AND

REGULATIONS
Pursuant to the Water Code of the Philippines (the "Water Code") vesting upon
the National Water Resources Board (the NWRB) the administration and enforcement
of the provisions thereof, the following rules and regulations are hereby promulgated:
RULE I
Appropriation and Utilization of Waters
SECTION 1. Water may be appropriated for the following descending
purposes and uses:
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational, and
i. Other purposes
Use of water for domestic purposes is the utilization of water directly drawn
from a source by a household for drinking, washing, bathing, cooking, watering of
gardens or animals and other domestic uses.
Use of water for municipal purposes is the utilization of water for supplying the
water requirements of a community, whether by piped or bulk distribution for domestic
and other uses, direct consumption, the drawer or abstractor of which being the
national government, its subsidiary agencies, local government units, private persons,
cooperatives or corporations.
Use of water for irrigation is the utilization of water for producing agricultural
crops.
Use of water for power generation is the utilization of water for producing
electrical or mechanical power.
Use of water for sheries is the utilization of water for the propagation and
culture of fish as a commercial enterprise or any other aquaculture ventures.
Use of water for livestock raising is the utilization of water for large herds or
flocks of animals raised as a commercial enterprise.
Use of water for industrial purposes is the utilization of water in factories,
industrial plants and mines including the use of water as an ingredient of a nished
product.
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Use of water for recreational purposes is the utilization of water for swimming
pools, bath houses, boating, water skiing, golf courses and other similar facilities in
resorts and other places of recreation. SEcTHA
SECTION 2. When Permit/Authority from the National Water Resources

Board Must be Secured. — As required under the provisions of P.D. 1067, a
permit/authority shall be secured from the Board in the following instances:
a) Appropriation of water for any purpose stated under Section 1,
except for "purely domestic purpose", provided that such use shall be
registered with the Board. "Purely domestic purpose" as used in these
rules is de ned as the use of not more than 250 liters/capita/day of
water by a single household;
b) Change in purpose of the appropriation;
c) Amendment of an existing permit, such as change in point or nature
of diversion, amount of appropriation, period of use, etc;
d) Transfer or lease of water right, as evidenced by a water permit;
e) Temporary permit to appropriate and use of water;
f) Developing a stream, lake or spring for recreational purposes;
g) Lowering or raising the level of the water of a lake, river or marsh, or
draining the same;
h) Transbasin diversion;
i)Dumping of mine tailings or wastes into a river or a waterway;
j) Such other instances that will require a permit as determined by the
Board.
In the following instances, the granting of permit required under the provisions of
P.D. 1067 is delegated by the Board to the corresponding agencies indicated and
permit pertaining to any of these instances shall be secured from such agency:
a) Excavation for the emission of a hot spring — Department of Energy
(DOE);
b) Cloud seeding to induce rainfall — subject to other requirements by
the Board in coordination with Philippine Atmospheric, Geophysical
and Astronomical Services Administration (PAGASA).
c) Recharging groundwater supplies — Department of Environment and
Natural Resources (DENR). cDHCAE
Whenever necessary, the Board may exercise any of the above delegated
authorities.
SECTION 3. Quali cation of Applicants for Permit/Authority . — Only the
following may file an application with the Board for permit/authority:
a) Citizens of the Philippines;
b) Associations, duly registered cooperatives or corporations organized
under the laws of the Philippines, at least 60 percent of the capital of
which is owned by citizens of the Philippines;
c) Government entities and instrumentalities, including government-
owned and controlled corporations.
SECTION 4. Place of Filing Applications. — Except as otherwise provided in
these rules, application for water permit under Section 2 and permits to drill shall be
led directly with the Board or its deputized agents designated by the Board in the
province where the point of diversion or abstraction is situated in the case of
appropriation of waters or where the project is located in all other cases.
SECTION 5. Form and Requirements of Application. — All applications shall
be led in the prescribed form, sworn to by the applicant and supported by the
following:
A. Water Permit for Municipal Use
1. Proof of land ownership of, legal title to, or right to use, the
property on which the water source is situated;
2. Certi cate of Registration from relevant agencies i.e
Department of Trade and Industry (DTI), Cooperative
Development Authority (CDA), Securities and Exchange
Commission (SEC) with Articles of Incorporation (for
Corporation or Association) including Corporate Secretary's
Certi cation on present capital structure stating the citizenship
and the number of shares of each stockholder;
3. Certi cate of Conformance from LWUA (for Water Districts
only);
4. Certi cate of Registration (if Barangay Waterworks
Association, Rural Waterworks and Sanitation Association);
5. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000
showing the exact location of the point of diversion;
6. Subdivision Plan (if applicable);
7. Well Drilling Data (in case of existing groundwater source
authenticated by the well driller) including Physical and
Chemical analysis of water;
8. Sangguniang Bayan/Regional Development Council
endorsement (for LGU-managed water supply facilities);
9. Environmental Compliance Certi cate (for projects considered
as Environmentally Critical Projects or projects located in
Environmentally Critical Areas) or Certi cate of Non-Coverage
from DENR -Regional Office; and
10. Such other documents that may be required by the Board.
B. Water Permit for Irrigation Use
3. Vicinity Map/Location Plan with scale 1:50,000 showing the
exact location of the point of diversion;
4. General layout of the system, including delineation of area
indicating hectarage for which water will be used and adjoining
lands and their corresponding owners duly indicated relative to
the point of diversion;
EAHcCT
5. Well Drilling Data (in case of existing groundwater source);

from DENR -Regional Office; and
C. Water Permit for Power Generation
4. Brief Description of the project stating among others, how
water will be used, amount of water needed, power to be
generated, etc.;
from DENR-Regional Office;
6. Initial Permit from DOE per R.A. 7156; and cADaIH

D. Water Permit for Fisheries
water will be used, amount of water needed, etc.;
5. Clearance from Laguna Lake Development Authority (LLDA), in
case within watershed of Laguna Lake;
from DENR -Regional Office;
8. Clearance from existing dam/reservoir operated by NIA, NPC
and other government entities (for sheries located upstream
not within said existing dam/reservoir); and
E. Water Permit for Livestock Raising
and the number of shares of each stockholder; SEIaHT

water will be used, amount of water needed, etc.

from DENR-Regional Office; and
F. Water Permit for Industrial Use
water will be used, amount of water needed, etc.
G. Water Permit for Other Uses (Recreation, Commercial, Memorial
Parks, Environmental etc.)
water will be used, amount of water needed, etc.;
6. Certi cate of Potability (including Physical and Chemical
Analysis of water), if applicable;
SECTION 6. Other Requirements. — In addition to the requirements under
Section 5, the following are required in the specific instances indicated:
A. For Well Drilling — All applications involving extraction of groundwater
shall include the name of a duly registered well driller who will
undertake the drilling.
B. For Transfer of a Water Permit — A veri ed petition for the transfer of
a water permit shall state the reasons for the transfer and shall attach
the contract or agreement for the transfer.
C. For Lease of a Water Right — A veri ed petition for the lease of a
water permit shall be accompanied by a duly executed contract of
lease, Provided that no contract of lease shall be for a continuous
period exceeding ve (5) years, otherwise the contract shall be
treated as a transfer of permit in favor of the lessee.
SECTION 7. Filing Fee. — A ling fee, as may be xed by the Board, shall be
imposed and collected for all applications and petitions led with the Board, which
shall be paid directly to the Board or through its duly authorized collecting agents.
SECTION 8. Water Fees or Charges. — Except when the appropriation is for
purely domestic purpose as de ned in Section 2 (a) hereof, all appropriators shall pay
to the Board water fees or charges for water resources development.
The Board may revise the said water fees or charges or impose special water
rates as the need arises, taking into consideration, among others, the following:
a) Intended use of water;
b) Quantity/rate of water withdrawal vis-Ã -vis other users taking into
account the water bearing potential of the source;
c) Environmental effects;
d) Extent to which water withdrawal will affect the source; and
e) Development cost of bringing water from the source.
The foregoing notwithstanding, the Board may decide to impose raw water
charges based on the maximum volume of water that may be withdrawn using the
facilities installed or on the actual volume withdrawn as re ected in the water
abstraction meter in lieu of the existing water extraction charges.
SECTION 9. Processing, Posting and Sending of Notices of
Applications/Petitions. — Upon receipt of an application or a petition, the Board shall
process the same to determine completeness of the requirements prescribed in
Section 5 hereof. Once completed, and upon payment of the ling fee, notices of the
application/petition shall be posted in a conspicuous place in the o ce of the Board
for a period of thirty (30) days. The Board shall also send notices to the following
offices for posting in conspicuous places for the same period:
a) Barangay Chairman of the place where the point of diversion is
located;
b) City or Municipal Secretary of the city or town where the point of
diversion is located;
c) The Secretary of the Sangguniang Panlalawigan of the province where
the point of diversion is located;
d) Department of Public Works and Highways (DPWH) District Engineer
or National Irrigation Administration (NIA) Provincial Irrigation O cer
as the case may be.
Copies of the notice of application shall, likewise, be furnished to concerned
Regional O ces of the Department of Public Works and Highways, National Irrigation
Administration, National Power Corporation, Department of Environment and Natural
Resources, and Local Water District O ce, if there is one and such other agencies as
may be specified by the Board.
SECTION 10. Action After Posting of Notices for Appropriation of Surface
Waters. —
A.Investigation and Studies.
After seven (7) days from the rst day of posting of notice at the o ce
where the application is filed, the office concerned shall determine:
1. The approximate seasonal discharge of the water sources;
2. The amount of water already appropriated for beneficial use;
3. The water requirement of the applicant as determined from
standards of beneficial use prescribed by the Board;
4. Possible adverse effects on existing grantees/permittees or
public/private interest including mitigating measures;
5. Environmental effects;
6. Land-use economics;
7. Whether the area to be irrigated can be integrated with that of
an existing or proposed irrigators association for common
irrigation facilities, if the purpose is for irrigation only;
8. Climate conditions and changes; and
9. Other relevant factors.
B. Protest on Applications.
Any person who may be adversely affected by the proposed appropriation
may le a veri ed protest with the Board within thirty (30) days after
the last day of posting of Notice.
Protests to an application for water permit shall be governed by the rules
prescribed for resolving water use controversies.
C. Action on Application
1. For applications filed directly with the Board
a. Upon receipt of an application for water permit, the Board
shall process the same in accordance with Section 9 hereof.
The Board shall then require interested parties including the
concerned water district, private water company or
franchisee, or registered irrigators association, company or
cooperative to comment on the application within fifteen (15)
working days from receipt of a copy of the water permit
application which shall be furnished by the Board.
b. If no protest or comment on the application is filed within the
prescribed period, the Board shall immediately decide to
approve or deny the permit within sixty (60) days from the
date of application provided all the requirements under these
rules are complied with.
If a protest has been filed within the above period, a hearing should
immediately be set in accordance with the rules and
procedures herein provided. Unless restrained by a
competent court, protests shall be immediately resolved
within sixty (60) days from the date of submission for
resolution.
2. For applications filed with deputized agencies
Upon receipt of an application for water permit, the deputized agency
concerned shall process the same in accordance with Section 9
hereof.
The deputized agency shall require interested party including the
concerned water district, private water company or franchisee,
or registered irrigators association, company or cooperative to
comment on the application within fteen (15) working days
from receipt of a copy of the water permit application which
shall be furnished by the Board.
Within fteen (15) days from the last day of posting of notice, the
deputized agency before which the application was led shall
transmit the application to the Board together with all the
records, ndings of facts, comments of other government
agencies, and recommendations. Upon receipt of the records,
the Board shall proceed to act on the application in accordance
with Section 10 (c) (1) (b). ATESCc
In cases of application for irrigation, the report shall be coursed by

the NIA Regional Director to the Board or any regional o ce
that may be established by the Board.
In cases of application for hydraulic power, the DPWH Regional
Director shall transmit the application and all the records to the
National Power Corporation Central O ce, which shall forward
the same to the Board with its comments and
recommendations within thirty (30) days from receipt thereof.
SECTION 11. Registration of Water Wells/Sources used for Single Household
Purposes. — Households using a water source for single household purpose shall
register the same with the Board. The Board may impose a reasonable amount for such
registration.
In case of con ict involving any right on a well/source used for domestic
purpose, the same shall be resolved in accordance with the provisions of the Local
Government Code.
SECTION 12. Action After Posting of Notices for Appropriation of
Groundwater. —
A.Permit to Drill — The application to appropriate groundwater shall be
processed for adherence to requirements and shall be investigated in
the eld to determine any adverse effect to public or private interest.
Protests on the application shall be governed by Section 10-B hereof.
If the application meets the requirements and has been found not to
be prejudicial to public or private interest, a permit to drill shall be
issued by the Board subject to the following conditions:
1. Drilling operations shall be in accordance with the rules
provided herein;
2. The rate of water withdrawal to be approved shall be
determined after pumping tests and shall in no case exceed the
rate stated in the application;
3. A permit to drill shall remain valid for six (6) months, unless a
longer period is allowed by the Board for reasonable grounds;
and
4. The permit to drill shall be regarded as a temporary permit, and
the regular permit shall be issued after the rate of water
withdrawal has been determined.
B .Result of Drilling Operations — A report on the result of the drilling
operations shall be submitted to the Board within the 6-month period
stated in the preceding section. The report shall include a description
of each drilling site, the drilling log, the yield of the well and the
assessment of the data obtained.
C. Investigation and Studies — Upon receipt of the report on drilling
operations, the investigating o ce shall consider the proposed
withdrawal of groundwater in relation to the following:
1. Safe yield of the source, reasonable or feasible pumping lift;
2. Beneficial use;
3. Adverse effects on existing lawful users of water or to public or
private interest;
4. Effects on the environment;
5. Danger of contamination of aquifers, deterioration of water
quality or salt water intrusion;
6. Adequacy of proposed well, works, plans and speci cations
towards meeting prescribed standards; and
7. Comments and/or recommendations of other agencies.
D. Final Action on Application — Within fteen (15) days from receipt of
the report of well drilling operations, the investigating o ce shall
submit the records of the application directly to the Board.
SECTION 13. Board's Action . — The Board shall approve or disapprove
applications for water permits within thirty (30) days after receipt of the
recommendation of the Board Secretariat, unless a longer period is needed for the
disposition of protests.
Failure to claim any approved water permit within 6 months from notice of its
approval by the Board shall cause the automatic revocation of the approved water
permit.
SECTION 14. Water Permit — Approved applications shall be issued water
permits subject to such conditions as the Board may impose. Such permit must bear
the seal of the Board and the signature of the Executive Director. Disapproved
applications shall be returned to applicants through the o ce where the same was
filed within fifteen (15) days of such disapproval stating the reasons therefor.
SECTION 15. Conditions in Permits. — Water permits issued by the Board
shall be subject to such terms, restrictions and limitations as it may deem proper to
impose, and including any, or all of the following conditions:
a) Within one (1) year from the receipt of the permit, the applicant shall
submit to the Board for approval, the plans and speci cations for the
diversion works, pump structure, water measuring device, and other
required structures, and the implementing schedules of construction
for private sector projects. No construction work or private sector
projects shall commence until the plans, speci cations and
implementing schedules are duly approved. When the diversion dam
is temporary and less than two (2) meters high, the submission of
plans for the dam may not be required.
b) The construction of the necessary structures and diversion works
shall begin within ninety (90) days from the date of receipt of the
approved plans, speci cations and implementing schedules and shall
be completed within the approved schedule unless extended by the
Board for valid or justi able reasons, provided, that water shall not be
diverted, pumped or withdrawn until after such structures and works
shall have been inspected and approved by the Board, unless
otherwise allowed. Except in cases of emergency to save life or
property or repairs in accordance with the plans originally approved,
the alteration or repair of these structures shall not be undertaken
without the approval of the Board.
c) The permittee shall inform the Board or its deputy concerned, that the
necessary structures and diversion works required have been
completed in accordance with approved plans and speci cations. In
addition, in cases of appropriation of groundwater, the Permittee shall
inform the Board as to the depth and diameter of the well, the drilling
log, the speci cations and location of casings, cementing, screens
and perforations, and the results of tests of capacity, ow, drawdown,
and shut-in pressure.
d) The right of a permittee to the amount of water allowed in the permit
is only to the portion or extent that he can use bene cially for the
purpose stated therein. The diversion of the water shall be from the
source and only for the purpose indicated in the permit. In no case
should the said use exceed the quantity and period indicated therein.
In gravity diversions, regulating gates of the canal shall be closed
when water is not needed.
e) The Board may, after due notice and hearing, reduce the quantity of
water or adopt a system of apportionment, distribution, or rotation
thereof, when the facts and circumstances in any situation would
warrant the same, subject to payment of compensation in proper
cases, to serve the interest of the public/or legal appropriations.
f) The Board may, after due notice and hearing, revoke the permit in
favor of projects for greater bene cial use or for multi-purpose
development, subject to compensation in proper cases.
g) The Board shall revoke or suspend the permit if the permittee violates
e uent/water quality standards as determined by the Department of
Environment and Natural Resources.
h) Non-use of the water for the purpose stipulated in the permit for a
period of three consecutive years from date of issuance or
completion of diversion works and necessary structures, shall render
said permit null and void, except as the Board may otherwise allow for
reasons beyond the control of the permittee.
i) Any person in control of a well shall prevent the water waste therefrom
and shall prevent water from owing onto the surface of the land or
into any surface water without being bene cially used, or any porous
stratum underneath the surface.
j) Any person in control of a well shall prevent water containing mineral
or other substances injurious to the health of humans or animals or to
agriculture and vegetation from owing onto the surface of the land
or into any surface or into any other aquifer or porous stratum.cSTHAC
k) The water permit shall continue to be valid as long as water is

bene cially used, however, it may be suspended on the ground of non-
compliance with approved plans and speci cations or schedule of
water distribution; use of water for a purpose other than that for
which it was granted; non-payment of water charges; wastage; failure
to keep records of water diversion when required; and violation of any
term or condition of any permit or of rules and regulations
promulgated by the Board.
l) The water permit may be revoked after due notice and hearing on
ground of non-use; gross violation of the condition imposed in the
permit; unauthorized sale of water; willful failure or refusal to comply
with rules and regulations or any lawful order; pollution; public
nuisance or act detrimental to public health and safety; when the
appropriator is found to be disquali ed under the law to exploit and
develop natural resources of the Philippines; when, in the case of
irrigation, the land is converted to non-agricultural purposes; and
other similar grounds.
m) The permittee shall allow the Board inspectors/investigators access
to the source at any time upon notice to monitor compliance with the
terms and conditions imposed in the permit. Failure to allow said
inspectors/investigators access to the source shall cause the
cancellation of the water permit issued to permittee.
n) The permittee shall submit to the Board quarterly records of water
withdrawal from the source. Non-compliance hereof shall be ground
for the cancellation/revocation of the water permit issued to
permittee.
o) Wells which are no longer being used shall be properly plugged
before abandonment to avoid contamination of the aquifer.
SECTION 16. Periodic and Final Inspection of Project. — The Board, in
coordination with its deputized agents who investigated the application/petition, may
conduct inspection of the project during their construction, alteration, or repair or upon
completion thereof to ascertain whether or not they are in accordance with approved
plans and specifications.
A report of the inspection shall be submitted to the Board by the deputized
agents within ten (10) days from the date of inspection. DTAaCE
SECTION 17. Notice of Completed Structures/Diversion Works. — The

permittee shall inform the Board or its deputy concerned, that the necessary structures
and diversion works required have been completed in accordance with approved plans
and specifications.
In cases of appropriation of groundwater, the permittee shall also inform the
Board as to the depth and diameter of the well, the drilling log, the speci cations and
location of casings, cementing, screens and perforations, and the results of tests of
capacity, flow, drawdown, and shut-in pressure.
SECTION 18. Inspection of Works. — Inspection of the premises shall be
conducted by the Board or its deputized agents to determine compliance with the
conditions imposed in the permit and such other order, rule or regulation that the Board
may issue.
SECTION 19. Certi cate of Compliance . — The Board shall issue a certi cate
of compliance to the permittee/grantee after being satis ed that the construction of
the necessary structures in connection with the water permit have been duly complied
with. Such certificate shall bear the signature of the Executive Director.
SECTION 20. Revocation of Permit. — Any permit issued pursuant to the rules
may be revoked by the Board, after due notice and hearing, for any of the grounds
provided herein or in the Code.
SECTION 21. Recurrent Water Shortage. — For purpose of Articles 22 and 26
of the Code, recurrent water shortage shall mean the natural diminution of water in a
source of supply to a volume or rate of flow insufficient to meet the water requirements
of all legal appropriators.
To prevent recurrent water shortage, the Board shall instruct the concerned
appropriators to develop other source/s of water. In such case, the Board may
recommend to the President to fast track the development of the identi ed source/s.
Pending the development of the identi ed source/s, the Board may recommend to the
President, necessary measures to augment/optimize the water supply to satisfy the
demand, including the possible declaration of a water shortage or crisis.
SECTION 22. Basic Diversion Requirements for Irrigation Use. — Except when
otherwise justi ed by the type of irrigation system, soil conditions, kind of crop,
topography and other factors, water permits for irrigation use shall be granted on the
basis of not exceeding 1.5 liters per second per hectare of land to be irrigated.
SECTION 23. Construction/Repair of Other Structures. — Apart from the
structures required under Section 15, and except in cases of emergency to save life or
property or repairs in accordance with plans previously approved, the construction or
repair of the following structures shall be undertaken only after the plans and
speci cations therefore are approved by the Administrator of the National Irrigation
Administration when the structure is for an irrigation project, or by the Secretary of the
Department of Public Works and Highways or appropriate local government units in all
other cases enumerated hereunder:
a) Off-stream water impounding structures except earth- ll
embankments less than ten (10) meters high from the natural ground
surface;
b) Barrages across natural waterways except temporary dams for
irrigation less than two (2) meters high from the stream bed; and
c) Dikes, levees, revetments, bulkheads, piers, breakwaters and other
similar structures or devices that affect the direction or level of
materials in rivers, lakes and in maritime waters.
Other structures not included in the above enumeration shall be approved by the
proper government agencies as may be designated by the Board.
The approving o cials shall prescribe the procedure for ling, processing and
approval of the plans and speci cations. Structures required in water permits shall be
approved as prescribed under Section 15 hereof.
SECTION 24. Establishment of Easements. — Actions for the establishment
of easements under Article 25 of the Code shall be governed by the Rules of Court.
SECTION 25. Establishment of Control Areas. — When the Board deems it
necessary to declare a control area, it shall publish the same in three (3) newspapers of
general circulation setting forth the purpose for the declaration, the geographic limits
of the control areas, and the regulations necessary to achieve its objectives.
SECTION 26. Coordinated Use of Waters in Control Areas. — In control areas
so declared for the coordinated development, protection and utilization of ground and
surface waters, the appropriation of surface water shall, in general, have preference
over that of groundwater and, except as otherwise allowed by the Board, a permit for
the appropriation of groundwater is valid only to the extent that it does not prejudice
any surface water supply.
SECTION 27. Registration of Wells in Control Areas. — In declared control
areas, all wells without water permits, including those for domestic use, shall be
registered with the Board within two (2) years from the declaration. Otherwise, any
claim to a right on a well is considered waived and use of water therefrom shall be
allowed only after a water permit is secured in accordance with Rule 1 hereof. DHSCTI
SECTION 28. Temporary Permits. — The Board may grant temporary permits
for the appropriation and use of water in situations such as the following:
a) Irrigation of an area pending the construction of a larger system to be
operated either by the government or by any irrigation association
which will serve said area. Such permit shall automatically expire
when water becomes available for the area from the larger system. In
cases where the supply from the larger system is not adequate, the
permit may be modified accordingly;
b) When there is need to use water for municipal purposes in emergency
situations pending the availability of an alternative source of supply as
provided in Article 22 of the Code;
c) For special research projects requiring the use of water for certain
periods of time;
d) For temporary use of water needed for the construction of roads,
dikes, buildings and other infrastructures; and
e) When there are unforeseen delays in the approval of the application
and appropriation of water is necessary pending the issuance of a
water permit, unless the application is protested.
f) Pending the submission of plans and speci cations of diversion
works, pump structure, water measuring device, and other required
structures and in addition for private sector projects, the
implementing schedules of construction and any additional
requirements as may be required by the Board.
Temporary permits shall specify the conditions and the period within which the
permit is valid. ACaTIc
RULE II
Control, Conservation and Protection of Waters, Watersheds and Related Land
Resources
SECTION 29. Watershed Management, Protection and Rehabilitation. — The
NWRB, DENR and other appropriate agencies involved in watershed management shall
undertake watershed conservation, protection and rehabilitation and shall adopt
appropriate soil and water conservation, and protection measures to safeguard the
hydrological integrity of watersheds and help sustain the protection of water for
various purposes and uses. (i.e. DENR/Forest Management Bureau (FMB), Bureau of
Soils and Water Management (BSWM), Local Government Units (LGUs), Water District
(WD), private sector, etc.)
SECTION 30. Prohibited Construction on Navigable or Floatable Waterways.
— Except when allowed under these rules, the Board shall recommend to the DPWH,
Department of the Interior and Local Government (DILG) or appropriate government
agency or local government unit the removal of dams, dikes, or any structure or works
or devices that encroach into any public navigable or oatable rivers, streams, coastal
waters, waterways, bodies of water, or obstruct or impede the free passage of water or
cause inundation.
The rules and regulations of the Philippine Coast Guards pertaining to navigation
shall be suppletory to these rules. Rivers, lakes and lagoons may be declared by the
Board as navigable in whole or in part upon recommendation of the Philippine Coast
Guard.
SECTION 31. Determination of Easements. — For purposes of Article 51 of
the Code, all easements of public use prescribed for the banks or rivers and the shores
of seas and lakes shall be reckoned from the line reached by the highest ood which
does not cause inundation or the highest equinoctial tide whichever is higher.
Any construction or structure that encroaches into such easement shall be
ordered removed or cause to be removed by the Board in coordination with DPWH, LGU
or appropriate government agency or local government unit.
SECTION 32. When Permit/Authority from the Department of Public Works
and Highways is Required. — A permit/authority shall be secured from the Department
of Public Works and Highways in the following instances:
a) Construction of dams, bridges and other structures in navigable or
floatable waterways;
b) Cultivation of river beds, sand bars and tidal ats upon clearance
from DENR;
c) Construction of private levees, revetments and other ood control
and river training works; and
d) Restoration of river courses to former beds.
SECTION 33. Place of Filing Applications of Permit/Authority. — Applications
for permit/authority under the next preceding section may be led with the Department
of Public Works and Highways District Engineering O ce in the province where the
project is to be undertaken.
SECTION 34. Form and Contents of Applications. — All applications shall be
filed in a prescribed form sworn to by the applicant and supported by the following:
A. For Cultivation of River Beds, Sand Bars and Tidal Flats
1) Location plan showing the river bed, delineation of the area to
be cultivated, the adjoining areas and the corresponding
lessees/permittees; and
2) Information showing the crops to be planted and the cropping
period.
B. For Private Flood Control Works
1) Location plan showing the river channel, proposed control
works and existing works, if any, in the vicinity;
2) Cross-sections of the river channel in the site;
3) Plans and specifications of control structures;
4) Construction schedule; and
5) Articles of Incorporation or Articles of Partnership in case
applicant is a private corporation or partnership, or Certi cate
of Registration in case of cooperatives.
C. For Restoration of River Courses to Former Beds
1) A davits of two disinterested persons attesting to the
circumstances of the changes in the course of the river or
stream, including the date when such change occurred;
2) Certi ed copies of the cadastral plans and technical
description of the lots affected by the river or stream, showing
the former course to which the river will be restored;aTADCE
3) A recent survey map of the area affected undertaken by a

licensed geodetic engineer indicating the present river course
as well as the old cadastral stream boundaries;
of Registration in case of cooperatives; and
5) Scheme and schedule of restoration.
D. For Construction of Dams, Bridges, and Other Structures in Navigable
or Floatable Waterways
1) Vicinity map and location plan showing the river and the
proposed structure;
2) Cross-section of the structure with cross-section of the river at
the location of the structure showing minimum water level,
maximum ood level without structure, and maximum ood
level with structure;
3) Plan showing extent of maximum ooded area without
structure and maximum flooded area with structure;
4) Schemes and details of provisions for passage of watercraft;
5) Construction schedule; and
of Registration in case of cooperatives.
SECTION 35. Action on Application. — In relation to Section 32, the DPWH
District Engineer shall investigate each application led with the District's Engineering
O ce, and if necessary, conduct public hearings thereon and shall transmit his report
and recommendation to the DPWH Regional Director who, after proper review, shall
transmit the application with its supporting documents and recommendations to the
DPWH Secretary for appropriate action. HScDIC
SECTION 36. Limitation on Permits to Cultivate River Beds, Sand Bars and
Tidal Flats. — A permit to cultivate river beds, sand bars and tidal ats shall be non-
transferable and shall not be construed as authorizing reclamation of the area covered
by the permit, or as conferring upon the permittee a right of ownership thereof by
acquisitive prescription.
SECTION 37. Construction and Completion of Work. — The construction of
private ood control works and dams, bridges and other structures in navigable rivers
or streams shall be undertaken within the approved construction schedule; otherwise,
the permit shall automatically be cancelled unless a longer period is allowed.
Work for the restoration of a river or stream to its former bed shall be
commenced within the two (2) years from the date of change in the course of the river
or stream and completed within one (1) year from start of construction.
SECTION 38. Establishment of Flood Control Areas. — Whenever the DPWH
Secretary deems it necessary to declare ood control areas for the protection of ood
plain lands, he shall publish the same in three (3) newspapers of general circulation
setting forth the purpose of the declaration, the geographic limits of the declared
control area, and the regulations necessary to achieve the objectives.
SECTION 39. Inter-Agency Flood Plain Management Committee. — The
Secretary of DPWH shall form an Inter-Agency Flood Plain Management Committee for
each ood plain declared as ood control area, the members of which shall include, but
not limited to, representatives from the following:
a) Department of Public Works and Highways;
b) Department of Environment and Natural Resources;
c) National Disaster Coordinating Council through the O ce of Civil
Defense;
d) Department of the Interior and Local Government;
e) National Economic and Development Authority;
f) National Hydraulic Research Center;
g) Department of Agriculture;
h) Philippine Atmospheric, Geophysical and Astronomical Services
Administration;
i) Concerned Local Government Unit/s;
j) National Water Resources Board
The functions of this Committee shall be:
a) To establish close liaison among national and local government
entities and promote the best interest and the coordinated protection
and management of ood plain lands for the mitigation of ood
damages viewed in a larger context to include other aspects such as
environmental quality and public health, safety and welfare;
b) To provide guidelines for local governments in the formulation of
regulatory ordinances regarding flood plain use and occupancy;
c) To draft and recommend guidelines for ood plain management in a
particular ood control area in order to achieve the goals and
objectives thereof; and
d) To perform such other functions as the Secretary may direct.
SECTION 40. Storage and Rafting of Logs. — The Board, through its deputies,
may prohibit or control the rafting or storage of logs and other objects on rivers and
lakes when:
a) It causes pollution of waters used for domestic municipal purposes;
and
b) It causes danger to structures such as those for irrigation, power and
flood control.
SECTION 41. Prohibitions and Requirements on Water Impoundment. — The
Board shall, upon recommendation of the Department of Health, prohibit the
impounding of water in ponds or reservoirs when:
a) The water is found to contain excessive pollutants;
b) It will degrade its quality;
c) Public health is endangered; and
d) Such other similar situations.
Existing ponds or reservoirs falling under the aforementioned cases shall be
ordered drained by the Board or controlled by other approved methods.
SECTION 42. Reservoir Operations. — Owners or persons in control of a
reservoir shall submit to the Board the proposed reservoir operation rule curve
together with all pertinent data for approval which shall be followed except during
periods of extreme drought and when public interest so requires, wherein the Board
may change the operation during the period after due notice and hearing.
The Board shall review periodically or whenever necessary the rule curve for
possible revisions.
A rule curve is a diagram showing the minimum water level requirement in the
reservoir at a speci c time to meet the particular needs for which the reservoir is
designed.
Furthermore anyone who operates a reservoir shall submit to the Board his plan
for handling maximum discharges with a view to avoiding damage to life and property.
SECTION 43. Employment of Engineer in Dam Operations. — All operators of
storage dams exceeding 10 meters high or over ow dams exceeding 2 meters high
from the stream bed shall make arrangements for the periodic inspection of said
structures and its operating equipment by a registered engineer (civil/structural/dam).
A multipartite monitoring team shall be formed to monitor activities such as
status/conditions of dam structure for the purpose of identifying conditions which may
adversely affect the safety of the structures in giving advice to the operator on the
proper maintenance and operation thereof.

SECTION 44. Quali cations and Requirements of Well Drillers . — No person
or entity shall be permitted to undertake well drilling work unless he is duly registered
with the Board as a well driller. No person or entity (including for domestic family use)
shall be registered by the Board as a well driller unless he has at least any of the
following qualifications:
I. For Manual Well Drillers:
a) Three (3) years experience in manual well drilling, as certified by
a duly registered well driller;
cSaATC
b) Certi cate of Registration of Business Name issued by the

Department of Trade and Industry (DTI) or business permit
issued by the local government unit;
II. For Mechanized Well Drillers:
a) Certi cate of Registration of Business Name issued by DTI or
certi cate of registration from Securities and Exchange
Commission (SEC);
b) Name/s of personnel with three (3) years experience in
mechanized well drilling work as certi ed by duly registered
mechanized well driller; or a holder of a bachelor's degree in
geology, civil, mechanical, or other related engineering courses
with one (1) year experience in actual drilling work;
c) Contractor's license issued by the Philippine Contractor's
Accreditation Board (PCAB), if available;
d) Financial Statement
e) List of completed and on-going projects
SECTION 45. Permit to Drill a Well. — Except for drilling of wells intended for
purely domestic purpose, no person shall drill any well for the extraction of
groundwater or make any alteration to any existing well without securing a permit from
the Board.
For this purpose, only wells with casings not exceeding 75 millimeters in
diameter may be allowed for single household domestic use.
SECTION 46. Requirements for Drilled Wells. — Drilling of deep wells for the
extraction of groundwater shall conform with the following requirements:
a) The well shall be so designed and constructed that it will seal off
contaminated water-bearing formations or formations which have
undesirable characteristics;
b) There shall be no unsealed openings around the well which may
channel surface water or contaminated or undesirable groundwater
vertically to the intake portion of the well;
c) All parts of a permanent well shall be of durable materials;
d) Wells constructed in a sand or gravel aquifer shall be provided with a
water-tight casing to a depth of 1.5 meters or more below the lowest
expected pumping level, provided that where the pumping level is less
than ten (10) meters from the surface, the casing shall extend three
(3) meters below the lowest pumping level;
e) Casing of wells constructed in sandstone aquifers where the
overburden consists of unconsolidated materials shall be grouted to
a minimum depth of ten (10) meters, provided, that should there be an
additional overlying formation of creviced or fractured rock, the
casing shall be grouted to its full depth;
f) Casings of wells constructed in limestone, granite or quartzite where
the overburden consists of drift materials shall be extended to a
depth of at least fteen (15) meters, and rmly seated in rock
formation, provided, that where the overburden is less than fteen
(15) meters, the casing shall be extended three (3) meters into
uncreviced rock, provided, nally, that in no case shall the casing be
less than 15 meters;
g) Wells for domestic and municipal water supply shall be constructed
in accordance with sound public health engineering practice;
h) The extent of pumping and extraction of groundwater shall take into
consideration the possibility of salt water intrusion, land subsidence
and mining of groundwater;
i) An abandoned well shall be properly plugged or sealed to prevent
pollution of groundwater, to conserve aquifer yield and artesian head,
and to prevent poor-quality water from one aquifer entering another.
j) Free- owing wells shall be provided with control valves or other
similar devices to control and regulate the ow of water from such
wells for conservation purposes;
k) Well sites shall be provided with drainage facilities for the proper
disposal/conveyance of surface water flow from the site;
l) In general, spacing requirements except for wells less than 30 meters
deep, shall be in accordance with the table below:
RATE OF WITHDRAWAL MINIMUM

IN LITERS PER SECOND DISTANCE BETWEEN
WELLS IN
METERS
2 - 10 200
More than 10 - 20 400
More than 20 - 40 600
More than 40 1000
The Board may increase or decrease the above spacing requirements under any
of the following circumstances:
a) for low-income housing development projects where home lot size
will limit available spacing between homeowners' wells;
b) where the geologic formation may warrant closer or farther spacing
between wells; and
c) where assessment of pumping test records on yields, drawdown,
circle of in uence, seasonal uctuations in water table and other
technical data on groundwater wells, drilling and operation indicate
possible closer or farther spacing between wells.
In modifying the spacing requirements the following criteria shall be applied:
a) No new well shall cause more than 2 meters of additional drawdown
to any existing well;
b) If the rate of withdrawal applied for a well will cause additional
drawdown of more than 2 meters to any existing well the rate of
withdrawal applied for shall be reduced to satisfy the drawdown limit;
c) The Board shall prescribe the maximum pump size and horsepower in
the water permit so that the rate of withdrawal shall not exceed that
authorized;
d) Groundwater mining may be allowed provided that the life of the
groundwater reservoir system is maintained for at least 50 years.
SECTION 47. Minimum Stream Flows and Water Levels. — When the Board
deems it necessary to establish minimum stream ows for rivers and streams and/or
minimum water levels for lakes as provided under Article 66 of the Code, it shall notify
the public through newspapers that a public hearing shall be conducted for such
purpose. In the conduct of the hearing, the following shall be considered:
a) Adverse effects on legal appropriators;
b) Priorities that may be altered on the basis of greater bene cial use
and/or multi-purpose use;
c) Protection of the environment, control of pollution, navigation,
prevention of salt water damage and general public use; and
d) Other factors relevant to the situation.
In general, the Board shall consider the following criteria in the establishment of
minimum streamflows of rivers and streams and minimum water levels of lakes:
a) For water quality and environmental protection, the minimum stream
ow or lake water level shall be estimated based on the threshold
concentration of pollutant and environmental requirements in
cooperation with the DENR;
b) For navigation purposes, the minimum ow or water level to be
provided shall be such that the resulting stream ow or water level
shall remain navigable to the existing vessels that ply the river or lake;
c) For sh conservation, consideration shall be made such that the
resulting stream ow or lake level will not adversely affect the existing
sh habitat. The minimum ow/water level to be provided shall be
determined by the Board in consultation with BFAR; and
d) In any case the minimum requirement shall be the observed or
estimated absolute minimum streamflow or lake level.
aCcSDT
SECTION 48. Protection of Water Supply Sources. — No person shall

discharge into any source of water supply any domestic sewage, industrial waste, or
pollutant not meeting the e uent standards set by the Department of Environment and
Natural Resources.
SECTION 49. Mine Tailings Disposal . — Water discharged with mine tailings
or wastes shall not contain minerals or other substances injurious to man, animal,
aquatic life, agriculture or vegetation in concentrations exceeding the maximum
prescribed by the Department of Environment and Natural Resources.
Tailing dams, ponds or similar control structures located along the river beds
whenever required shall be strong enough to withstand the forces in the river during
typhoons and flash floods.
Mine operators shall undertake appropriate erosion control measures in their
mining areas to minimize the amount of sediments therein that will be carried to river
systems.
SECTION 50. Complaint on Drainage System Construction. — Any complaint
pertaining to the construction of a drainage system under the provisions of Article 44
of the Code shall be treated under Rule III thereof.
RULE III
Administration and Enforcement
SECTION 51. General Guidelines for Water Resources Development
Projects/Programs. — As a general rule, a water resources project/program, may be
implemented if it is in accordance with the national socio-economic development goals
and objectives or necessary for the national security or protection of life and property.
Any project/program involving the appropriation of water shall be directed towards the
optimum single and/or multi-purpose utilization thereof. Whenever practicable, projects
shall be conceived and viewed according to multi-purpose water resources planning
concepts within the area unit of a river basin. In the case of small scale water
development projects not readily covered by large-scale water development projects,
development planning of the latter shall proceed alongside the implementation of the
former.
SECTION 52. Speci c Guidelines . — The size and time phase of
projects/programs shall satisfy appropriate socio-economic indicators, more
particularly the bene t-cost and/or cost-effectiveness criteria, their supplementary and
complementary roles to the projects/program of other government sectoral plans, and
their ecological effects.
SECTION 53. Water Resources Projects/Programs By Government Sector. —
Government water resources and related projects/programs shall, prior to its
implementation, be submitted by the proponent agencies to the Board for evaluation
and approval in accordance with the above guidelines. If necessary, the Board may refer
the matter to NEDA Board's Investment Coordination Committee (ICC) and other
concerned agencies for comment.
SECTION 54. Water Resources Projects/Programs By Private Sector. — Any
private interested party may propose any water resources project to the Board or
through appropriate government agencies who shall forward the same to the Board
with their comments. The Board, before approving the project, may, if necessary, refer
or consult with other appropriate government agencies.
SECTION 55. Requirements of Water Resources Projects/Programs. —
Project/program proposals shall contain indicators of socio-economic justi cation,
relationship to the National Development Plan, impact statement on the sector's
project/program supports and complement, regional impact statement, environmental
impact statement, and such as other information as the Board may require, including
the submission of a project study or pre-feasibility study for that matter. Projects, such
as artesian wells, spring development and barangay waterworks for purely domestic
and municipal use, and such other small-scale projects as the Board may determine,
shall be exempted from this requirement.
SECTION 56. Resolution of Con ict Arising from Project. — Any con ict
involving the use of water that may arise from the project/program proposal shall be
resolved on the basis of national/regional priority and needs, e.g., need for power
generation in multipurpose project shall be reckoned on the quantity and time of such
need on a grid basis rather than on a single project basis alone.
Any con ict which adversely affects a particular segment of society, group of
individuals or small community, may be resolved after a public hearing/consultation has
been conducted by the Board or its proper deputies.
SECTION 57. Deputies. — The Board may appoint a deputy for each or a
combination of the following functional areas related to water resources:
a) hydrologic and meteorologic data;
b) flooding areas and inland waterways;
c) lakes and marshes;
d) watersheds;
e) water supply and sewerage;
f) water accounting within watersheds;
g) other water resources activities.
Each deputy shall gather and organize data in accordance with their assigned
functions for submission to the Board. The Board shall determine the frequency and
type of data to be gathered.
SECTION 58. Information Assessment. — The Board shall collate and analyze
technical data. It shall also develop an indexing system for all its publications indicating
the date published, water resource basin involved, basic environmental indicator, and
such other related indices.
Studies based on data retrieved from and/or submitted by the deputies may be
undertaken by any party provided that he shall furnish the Board the result of such
studies. The Board shall undertake a study of the manpower requirements of a water
resource sector which may be considered in setting up and implementing appropriate
manpower development measures.
It shall also establish a position classi cation system for employment purposes
in coordination with water-oriented agencies and the Compensation and Position
Classification Board.
The Board shall initiate and undertake studies of water consumption patterns
along the different purposes provided in the Code particularly that of industry.
SECTION 59. Agents. — The Board may appoint agents to perform speci c
functions such as investigation of water permit applications, water rights controversies
and other activities as it may assign.
SECTION 60. Committee on Arbitration. — The Board may create and
authorize a Committee on Arbitration for purposes of determining the rate of just
compensation in instances provided under the Code. Such committee shall be
composed of the Board's Deputy/Agent who must be a professional technical man as
Chairman, the Provincial/City Assessor and the Provincial/City Development O cer of
the province/city where the subject premises is situated together with the
representative of each of the parties involved, as members.
The Committee shall take action on any claim referred to it by the Board for
evaluation and submit report thereon within thirty (30) days from receipt of notice of
formation of the Committee unless a longer period is required, in which case extension
may be granted upon authority of the Board.
SECTION 61. Review and Approval of Rules and Regulations Involving Water.
— Rules and regulations issued by other government agencies involving policies on the
utilization, exploitation, development, control, conservation or protection of water
resources shall be reviewed and approved by the Board, unless the charter of such
agency provides that the same shall be approved by the President, in which case the
proposed rules shall first be referred to the Board for comment.
SECTION 62. Agreements Involving Water. — Any agreement involving the
use of water for irrigation, hydro-power, industrial, domestic and municipal water
supply shall, in all cases, be subject to review and approval of the Board. In the review
of such agreements, the Board may consult the parties and other government agencies
concerned.
SECTION 63. Disposition of Funds Collected. — All income of the Board from
fees and charges shall be remitted to the National Treasury and treated as a special
account under the General Fund to the credit of the Board. The operational and
maintenance expenses of the deputies and agents of the Board shall be nanced under
this account in accordance with a special budget to be submitted to the Department of
Budget and Management. Any generated surplus shall be invested for water resources
development purposes including but not limited to the purposes envisioned under
Article 81 as may be recommended by the Board.
RULE IV
Procedure in Conflict Resolution
SECTION 64. Parties in Water Use Con icts/Controversies. — The
complaining party shall be referred to as Complainant/Protestant and the party against
whom the complaint is filed shall be referred to as Respondent/Protestee.
SECTION 65. Complaints. — All complaints shall be in writing, sworn to by the
complainant/protestant and must contain the following:
a) Name, postal address and personal circumstances of
complainant/protestant;
b) Name, postal address of respondent/protestee;
c) Substance of the complaint;

d) Grounds or causes of action;
e) Brief and concise statement of the pertinent facts and
circumstances;
f) Relief sought; and
g) Names and postal address of witness to be summoned, if any.
All complaints shall be accompanied by a davits of witnesses as well as
supporting documents, if any.
However, complaints/protests led solely on the ground of adverse effects on
the privileges to use water from any source shall not be entertained unless the
complainant/protestant has a legal right over the water source as recognized under
existing laws.
SECTION 66. Place of Filing. — All complaints/protests regarding utilization,
exploitation, allocation and all other aspects of water resource management may be
filed directly to the Board.
SECTION 67. Filing Fee. — There shall be imposed and collected a ling fee,
as may be determined by the Board from every complainant/protestant except from
pauper litigants in accordance with the Rules of Court.
SECTION 68. Answer. — Upon receipt of a complaint/protest, the Board shall
furnish the respondent/protestee with a copy of the complaint/protest and such
accompanying documents and require him to answer in writing within ten (10) days
from receipt thereof.
Should respondent/protestee fail to answer within the period provided herein, the
Board shall proceed ex-parte to receive the evidence and testimony of the
complainant/protestant and his witnesses.
SECTION 69. Preliminary Conference. — Upon receipt of
respondent/protestees' answer, the Hearing O cer shall direct the parties and their
attorneys to appear before him for conference to consider the possibility of an
amicable settlement, or arriving at stipulation of facts to simplify the issues.
The proceedings during the preliminary conference shall be summary in nature
and shall be conducted informally without the Hearing O cer being bound to follow
strictly the technical rules of evidence. He shall take appropriate steps towards a
peaceful and equitable settlement of the dispute. Should a formal hearing pursue, the
proceedings shall be properly recorded and transcript of stenographic notes taken.
SECTION 70. Amicable Settlement. — Amicable settlement shall be reduced
in writing and signed by the parties. Within fteen (15) days from submission thereof,
the Board shall issue a resolution based on the amicable settlement unless the same is
contrary to law or public policy.
SECTION 71. Venue of Hearings. — Hearings shall be conducted in the o ce
of the Board or in the place where the controversy is located as may be agreed upon by
the parties.
SECTION 72. Order of Proceedings. — The Hearing O cer shall hear rst the
testimony of the complainant/protestant and his witnesses and next the testimony of
the respondent/protestee and his witnesses. During the proceedings, the parties shall
have the right to cross-examine the witnesses presented. After the presentation of the
evidence by the parties, they may at their option submit memorandum/memoranda in
support of their claim/defense in lieu of oral argument.
Insofar as it is applicable, hearings may be conducted in accordance with the
Rules of Summary Procedure as established under the Rules of Court. The parties may
be allowed to present a davits in lieu of oral testimony, subject to the right to cross
examination by the other party.
SECTION 73. Authority/Functions of Hearing O cer . — The Hearing O cer
shall be duly authorized to administer oath to witnesses, and secure the attendance of
witnesses and/or production of relevant documents through the compulsory process
of subpoena and/or subpoena duces tecum. The contending parties may avail of such
processes by filing a formal written request with the Hearing Officer.
The proceedings shall be duly recorded and shall include a physical or ocular
inspection of the premises and for the purpose, the Hearing O cer and the parties
shall have authority to enter upon private property with previous notice to owners
thereof. DCcAIS
If any party fails to appear despite due notice, the Hearing O cer may proceed
with the reception of evidence in the absence of such party.
SECTION 74. Orders/Rulings. — Interlocutory orders/rulings made during the
proceedings are not appealable.
Motions for postponements or continuance shall be based on valid and
reasonable grounds and the grant or denial thereof rests upon the sound discretion of
the Hearing O cer, provided that not more than three (3) postponements may be given
to either party or a total of six (6) postponements in a given case, regardless of the
number of parties and provided further, that in no case shall any postponement last for
more than thirty (30) calendar days.
SECTION 75. Investigation Report. — The hearing o cer shall transmit to the
Board within thirty (30) days from the date of termination of the proceedings, his report
with the complete record of the case and a comprehensive sketch of the premises
involved. The report shall contain the following:
a) Names and postal addresses of the parties;
b) Nature of the controversy;
c) Summary of the allegations and proofs presented by parties;
d) Clear and concise statement of the ndings of facts borne by the
evidence and/or revealed in the ocular inspections;
e) The law and rules involved; and
f) Conclusion, comment and recommendation.
SECTION 76. Decision. — All disputes shall be decided within sixty days (60)
days after the parties submit the same for decision or resolution. Decisions shall be in
writing, stating clearly and concisely the cause or causes of action, ndings of facts
and the law or rules upon which they are based.
The Board shall have the power to issue writs of execution and enforce its
decisions with the assistance of national or local law enforcement agencies subject to
prior notice to the party concerned in accordance with Article 84 of the Code.
SECTION 77. Proof of Service. — Decisions, resolutions or orders of the
Board shall be furnished to the contending parties through their counsel if represented,
or by personal/substituted service or registered mail with return card.
Personal/substituted service to the parties shall be acknowledged in writing, indicating
the date or receipt and the name of the person receiving. Should any person refuse to
receive the decision, resolution or order, a written statement to such effect duly signed
by the person serving shall be submitted. Decisions, resolutions or orders coursed
through the deputies/agents of the Board, shall in all cases, be served upon counsel, if
represented, or to the party within ve (5) days from the date of receipt by the O ce
concerned.
SECTION 78. Appeal/Motion for Reconsideration and/or Reinvestigation. —
A. Appeal from the decision of the Board in accordance with Article 89
of the Code shall be made by the party adversely affected by ling a
Notice of Appeal with the Board and payment of appeal fee in an
amount to be prescribed by the Board within fteen (15) days from
receipt of the decision unless a motion for reconsideration or
reinvestigation is led with the Board within the same period. The
ling of said motion suspends the running of the 15-day period within
which to file an appeal with the Court.
B. Motion for reconsideration/reinvestigation shall be based on any of
the following grounds:
a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could not have guarded against and by
reason of which the aggrieved party has probably been
impaired in his rights;
b) Newly discovered evidence which petitioner could not, with
reasonable diligence, have discovered, and produced at the
investigation and which if presented would probably alter the
result; and
c) Palpable errors in the ndings of facts and conclusions of law
or decisions that are not supported by the evidence adduced in
the investigation.
Only one motion for reconsideration/reinvestigation accompanied by proof of
service upon the other party shall be entertained. Resolution of motion for
reconsideration/reinvestigation shall be served upon the parties concerned in
accordance with Section 76 hereof. IaAHCE
SECTION 79. Stay of Execution. — The ling of motion for reconsideration

and/or reinvestigation under the preceding section or an appeal with the Regional Trial
Court under Article 89 of the Code shall not stay the execution of the decision,
resolution or order of the Board unless a bond as provided for in Article 88 shall have
been posted.
RULE V
Fines and Penalties
SECTION 80. Light Offenses. — A ne of not more than Five Hundred
(P500.00) Pesos per day of violation and/or suspension of the permit/grant for a
period of not more than sixty (60) days shall be imposed for any of the following
violations:
a) appropriation of subterranean or groundwater for domestic use by an
overlying landowner without the registration when required by the
Board:
b) failure of the appropriator to keep a record of monthly water
withdrawals for submission to the Board on a quarterly basis;
c) repair without permission of hydraulic works or structures involving
alteration of its hydraulic or structural features as originally approved;
d) violation of or non-compliance with any order, rule or regulation of the
Board; and
e) failure to comply with any of the terms or conditions in a water permit
or water rights grant not covered by the succeeding sections;
SECTION 81. Less Grave Offenses. — A ne of more than Five Hundred
(P500.00) Pesos but not exceeding Eight Hundred (P800.00) Pesos per day of
violation and/or suspension of the water permit/grant for a period of one hundred
twenty (120) days shall be imposed for the following violations:
a) illegal taking or diversion of water in an open canal or reservoir;
b) unauthorized utilization of an existing well or ponding or spreading of
water for recharging subterranean or groundwater supplies;
SECTION 82. Grave Offenses. — A ne of more than Eight Hundred (P800.00)
Pesos but not exceeding One Thousand (P1,000.00) Pesos per day of violation and/or
revocation of the water permit/grant of any other right to the use of water shall be
imposed for any of the following violations:
a) unauthorized sale, lease or transfer of water permits and/or water
rights;
b) failure to install a regulating and measuring device for the control of
the volume of water appropriated when required;
c) drilling of a well without permit or with expired permit;
d) failure to provide adequate facilities to prevent or control disease
whenever required in the construction of any work for the storage,
diversion, distribution and utilization of water;
e) construction of any hydraulic work or structure without duly approved
plans and specifications;
f) non-observance of any standard for the bene cial use of water and/or
schedule of water distribution;
g) use of water for a purpose other than that for which a right or permit
was granted;
h) malicious destruction of hydraulic works or structures;
i) unauthorized sale of water in violation of the permit;
j) abandonment of wells without proper plugging. In this case, the owner
of the property where the abandoned well is located shall be
presumed to be the owner of the abandoned well unless proven
otherwise;
k) unauthorized construction within the legal easements as provided
under Section 31 of the Code; and
l) appropriation of water without a permit.
SECTION 83. Non-Payment of Annual Water Charge. — A ne/penalty of fty
percent (50%) of due per year or fraction thereof plus additional interest for
delinquency under Section 84 shall be imposed.
SECTION 84. Penalties for Delinquency. — Where the penalty imposed is a
ne and the offender fails to pay the same within the given period, he shall be liable, in
addition, to pay a penalty interest equivalent to two (2) percent per month of delay or a
fraction thereof until fully paid.
SECTION 85. Violation by Juridical Persons. — In cases where the offender is
a corporation, rm, partnership or association, the penalty shall be imposed upon the
guilty officers mentioned in Article 92 of the Code.
SECTION 86. Violation of Non-Permittees. — In cases where the violators is
not a permittee or grantee or has no right to use the water whatsoever, the Board
through its deputies or authorized representatives shall, in addition to the imposition of
appropriate nes and penalties, cause the stoppage of the use of water either by
plugging or sealing of the well if the same involves groundwater appropriation or
demolition of the dam or hydraulic structures if the same involves surface water,
without prejudice to the institution of a criminal/civil action as the facts and
circumstances may warrant.
SECTION 87. Violations by Non-Owners. — In cases where the violator is not
the owner of the well or structure, he shall be penalized twice as much as the ne
imposed on the owner of such well or structure without prejudice to the inclusion of his
name as a party defendant in any action led. Proper representations in this regard
shall be made with the appropriate agency for the cancellation or suspension of his
license/certificates of registration.
SECTION 88. Offer of Compromise. — In cases where offender, at any time
after the issuance of notice of violation/s but before the execution of the order or
decision, offers in writing to pay the ne imposed instead of having his/her
permit/grant suspended, the Board may, if the circumstances so warrant, accept such
offer of compromise. However, if the penalty imposed is both ne and suspension of
the permit, the offer shall necessarily include the amount of the ne imposed as well as
such amount as may be determined by the Board corresponding to the period of which
the permit should have been suspended.
SECTION 89. Summary Revocation/Suspension. — Water permits or other
rights to use the water may be revoked or suspended summarily by the Board if any of
the following facts and/or conditions exists:
a) That the suspension/revocation will redound to greater public
interest, public health and safety;
b) That the acts complained of are grossly illegal per se; CcAHEI

c) That the violative act is the second offense on record involving the
same infraction;
d) That the non-observance of or non-compliance with the rules, order or
regulation is willful and deliberate;
e) When there is a prima facie showing that the non-observance of any
standard for the beneficial use of water or non-compliance with any of
the terms or conditions in a water permit or water rights grant is
prejudicial to the life and property of third person;
f) When the suspension or revocation thereof is sought by an injured
party, provided he les a bond to cover any damage which may be
sustained by the permittee or grantee arising from such summary
revocation/suspension;
g) In times of emergency, where there is a prima facie showing that the
use of water by the permittee/grantee is wasteful;
h) When health authorities so recommend to prevent or control the
spread of disease due to inadequate facilities;
i) When in a decision of a competent court, the revocation or suspension
of the water permit or grant is ordered or recommended; and
j) Such other serious offenses or gross violations and infractions as the
Board may decide.
SECTION 90. Applicability of the New Rules of Court and Related Laws. — The
provisions of the New Rules of Court, Presidential Decree Nos. 77 and 911 on
preliminary investigation shall have suppletory effect on matters not speci cally
covered by these rules.
SECTION 91. Appeal of Board Decisions. — The decisions of the Board
concerning policies on control, conservation and protection of water resources may be
appealed to the President.
SECTION 92. Services of DOJ/OSG Lawyers and prosecutor. — The Board
may secure the services of Department of Justice (DOJ)/O ce of the Solicitor General
(OSG) lawyers and prosecutor to assist in the prosecution of violations of the Water
Code. LLpr
SECTION 93. The Board may, from time to time, pass resolutions amending
speci c provisions of these rules, which shall take effect 15 days after its publication in
a national newspaper of general circulation.
SECTION 94. These rules shall take effect fteen (15) days after publication
in the Official Gazette and a newspaper of national circulation.
UNANIMOUSLY ADOPTED AT THE 29th MEETING OF THE NATIONAL WATER
RESOURCES BOARD ON MARCH 21, 2005
Republic of the Philippines
NATIONAL WATER RESOURCES BOARD
NWRB 2005 FEES AND CHARGES
Pursuant to Executive Order No. 197 series of 2000 and per NWRB Resolution
No. 010-0305 dated 21 March 2005, the National Water Resources Board on its 29th
Meeting approves the following fees and charges:
NATURE OF SERVICE APPROVED RATES *
(in Pesos)
A. Application/Filing Fee
1. Water Permit
(a) Municipal 5,000
(b) Irrigation (1) National/Corporation 5,000
(2) Communal/Individual 500
(c) Power generation 5,000
(d) Fisheries 5,000
(e) Livestock Raising (1) Backyard 1,000
(2) Commercial 3,000
(f) Industrial 5,000
(g) Recreational 5,000
(h) Other Purposes 5,000
2. Transfer of Water Permit
(a) Municipal 5,000
(b) Irrigation (1) Communal/Individual 3,000
(2) National/Corporation 5,000
(c) Power generation 5,000
(d) Fisheries 3,000
(e) Livestock Raising (1) Backyard 1,000
(2) Commercial 3,000
(f) Industrial 5,000
(g) Recreational 5,000
(h) Other Purposes 5,000
3. Registration for Domestic Use 100
4. Registration as Well Driller & Renewal (annual)
(a) Sole Proprietor 1,000
(b) Partnership or 2,000
Corporation
5. Certificate of Public Convenience (CPC)/Certificate of Public 3,000
Convenience and Necessity (CPCN)
6. Provisional Authority 3,000
7. Extension of CPC/CPCN Validity (Renewal) 3,000
8. Authority to Increase Capital Stock 2,000
9. Time Extension to Submit Annual Report of Operation 1,500
10. Authority to Charge Water Rates 2,500
11. Protests/Water Use Conflicts 3,000
12. Appeal Fee 1,000
13. Rate Adjustment/Increase 3,000
14. Sale/Transfer/Lease of Water System with CPC/CPCN 2,000
15. Donation of Water System with CPC/CPCN 2,000
16. Authority for Extension of Service 2,000
17. Re-Appraisal/Re-Evaluation of Assets 5,000
B. Annual Water Charges
WITHDRAWAL COST/LPS (in Php)
More than
CLASSIFICATION Base Not 10 lps but More than
more not
Cost than 10 exceeding 50 lps
lps
50 lps
a) Municipal 5,000 5.50 8.50 11.00

b) Fisheries 500 2.75 4.25 5.50
c) Livestock (Backyard/ 500 2.75 4.25 5.50
Commercial)
d) Irrigation (Communal/ 500 2.75 4.25 5.50
Individual)
(National/ 5,000 5.50 8.50 11.00
Corporation)
e) Power Generation 5,000 2.75 4.25 5.50
f) Industrial 5,000 10.25 15.80 20.45
g) Recreation 5,000 10.25 15.80 20.45
h) Others 5,000 10.25 15.80 20.45
NOTE: For declared critical areas in Metro Manila, the following rates shall apply:
a. In areas adequately serviced by MWSS concessionaires: 100% of water tariff of the
concessionaires
b. In areas not adequately serviced by MWSS concessionaires: 35% of water tariff of
the concessionaires
i) Charge for over P3,000 for every 1 lps or fraction thereof over
extracted
extraction for non-
critical areas
j) Other Charges
(j-1) Use of Water at its Natural Location for Fish Culture
(j-1-a) For surface Base Cost of P500 + P 110/ha.
area
< 15 has.
(j-1-b) For surface Base Cost of P500 + P1,650 for 15
area has. plus P0.65/ha. in excess of
> 15 has. 15 has.
k) Waterworks Supervision
(k-1) Supervising/ P0.50 per P100 capital stock
subscribed or paid or if no shares
have
Regulation Fee been issued, of the capital invested,
or of the property and
equipment, whichever is higher.
C. Other Charges Approved Rates (in

Pesos)
1. Annual Report Form 200
2. Certification Charge
a) Certification for Memorial Parks 3,500
b) Certificate of Water Availability
c) Other Technical Certification 1,500
d) Certified photo copy
1,000
50
3. CPC/CPCN Certificate 500
4. Certificate of Compliance 3,500
5. Testing and Sealing Fee of Water Meters
D. Penalties
1. Owner
(a) Operation of a System without a P5,000 per year reckoned from date
CPC/CPCN of
operation or five years whichever
comes
first but not to exceed P25,000
(b) Non-payment of Annual Water 50% of due per year or fraction

Charge thereof
plus additional interest for delinquency
under Sec. 84 of Amended IRR
(c) Non-submission of Annual Report P2,500 per year + P25/day of delay

Form but
not to exceed P5,000. IHcTDA
(d) Refusal to have meters tested and Additional 20% of approved testing
sealed and
sealing fee for water meter times total
active connection per year
(e) Illegal extraction of groundwater More than P800 but not exceeding
P1,000
per day of violation
2. Well Drillers
(a) Drilling without Permit to Drill 20,000 (1st offense)

30,000 (2nd offense)
Revocation of Registration (3rd
offense)
(b) Non-registered well drillers 50,000

E. Penalty for Delinquency (Sec. 84 of the Amended IRR)
Where the penalty imposed is a ne, additional penalty interest equivalent to 2%
per month of delay or a fraction thereof until fully paid shall be charged.

(SGD.) HON. MICHAEL T. DEFENSOR
Chairman

Water Code of The Philippines Amended

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March 21, 2005

WATER CODE OF THE PHILIPPINES AMENDED IMPLEMENTING RULES AND

SECTION 2. When Permit/Authority from the National Water Resources

5. Well Drilling Data (in case of existing groundwater source);

7. Such other documents that may be required by the Board.

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000

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In cases of application for irrigation, the report shall be coursed by

k) The water permit shall continue to be valid as long as water is

SECTION 17. Notice of Completed Structures/Diversion Works. — The

3) A recent survey map of the area affected undertaken by a

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b) Certi cate of Registration of Business Name issued by the

RATE OF WITHDRAWAL MINIMUM

SECTION 48. Protection of Water Supply Sources. — No person shall

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SECTION 79. Stay of Execution. — The ling of motion for reconsideration

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B. Annual Water Charges

WITHDRAWAL COST/LPS (in Php)

a) Municipal 5,000 5.50 8.50 11.00

C. Other Charges Approved Rates (in

1. Annual Report Form 200

3. CPC/CPCN Certificate 500

4. Certificate of Compliance 3,500

5. Testing and Sealing Fee of Water Meters

(b) Non-payment of Annual Water 50% of due per year or fraction

(c) Non-submission of Annual Report P2,500 per year + P25/day of delay

(a) Drilling without Permit to Drill 20,000 (1st offense)

(b) Non-registered well drillers 50,000

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