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THE WATER CODE OF THE PHILIPPINES

Presidential Decree No. 1067

The basic law governing the:

1. Ownership
2. Appropriation
3. Utilization
4. Exploitation
5. Development
6. Conservation
7. Protection

of the water resources including the rights to land related thereto.

Note: Waters, as used in this code, refers to:

1. Waters underground
2. Waters in the atmosphere
3. Waters in the sea

within the territorial jurisdiction of the Philippines

Underlying Principles

a. All waters belong to the State

b. All waters that belong to the State cannot be acquired through acquisitive Prescription
c. The State may allow the use or development of waters by administrative concession
d. The utilization, exploitation, development, conservation and protection of water resources
shall be subject to the control of the government through the National Water Resources
Council
e. Preference in the use and development of the waters shall consider current usage and be
responsive to the changing needs of the country.

Ownership of Waters

General Rules:

1. The following belongs to the State:

a) Rivers and their natural beds
b) Continuous intermittent waters of springs and brooks running in their natural beds
and the beds themselves
c) Natural lakes and Lagoons
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d) All other categories of surface waters such as water flowing over lands, water from
rainfall whether natural or artificial, and water from agriculture runoff, seepage and
drainage
e) Atmospheric water
f) Subterranean or ground waters and
g) Sea water

1.1 The following waters found on private lands belong to the State
a) Continuous intermittent waters rising on such lands
b) Lakes and lagoons naturally occurring on such lands
c) Rain water falling on such lands
d) Subterranean or ground waters
e) Waters in swamp and marshes
2. The owner of the land where the water is found may use the same for domestic purposes
without securing permit.
Provided that such use shall be registered when required by the council.
3. 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.
4. Water legally appropriated shall be subject to the control of the appropriator from the moment
it reaches the appropriators canal or aqueduct leading to the place where the water will be
used or stored and, thereafter, so long as it is being beneficially used for the purposes for
which it was appropriated.

Appropriation of Waters

It 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.

Water may be appropriated for the following purposes:

a. Domestic for drinking, washing, bathing, cooking or other household needs, home gardens, and
watering of lawns or domestic animals.

b. Municipal for supplying the water requirements of the community

c. Irrigation for producing agricultural crops

d. Power generation for producing electrical or mechanical power

e. Fisheries for the propagation and culture of fish as a commercial enterprise

f. Livestock raising for large herds or flocks of animals raised as a commercial enterprise

g. Industrial utilization of water in factories, industrial plants and mines, including the use of water
as an ingredient of a finished product
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h .Recreational for swimming pools, bath houses, boating, water skiing, golf courses and other
similar facilities in resorts and other places of recreation; and

i. Other purposes

Water Right

Water right is a privilege to appropriate and use water.

As a rule, no person, including government instrumentalities or government owned or

controlled corporations, shall appropriate water without a water right, which shall be evidenced by a
document known as a water permit.

The following are exempted from the water permit requirement:

a. Appropriation of water by means of hand carried receptacles; and

b. Bathing or washing, watering or dipping of domestic or farm animals, and navigation of

watercrafts or transportation of logs and other objects by flotation.

Requirements for the Appropriation of Waters

1. Nationality Requirement
a. Applicant must be a Filipino citizen
b. Of legal age
Or
a. Corporations or associations
b. At least 60% of the capital of which is owned by Filipino citizens

Rationale: Water is a natural resource of the country which is reserved for the use of Filipino
citizens.

2. Applicant must have a water right as evidenced by a water permit

Application for Appropriation of Waters

1. Applicants must file an application for a water permit with the NWRB.
Factors to be considered in approving or denying the application:
a. Protests filed if any
b. Prior permits grated
c. Availability of water
d. The water supply needed for beneficial use
e. Possible adverse effects
f. Land-use economics
g. Other relevant factors
2. Application must be made known to the public
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a) Any interested party may file a protest to the application.

b) Upon filing of the protest the application will be properly evaluated by
NWRB
c) If no protest was filed NWRB will either deny or approve the application
bases on its merits and the factors to be considered
3. Upon approval of application, a water permit will be issued

Note: The right to the use of water is deemed acquired as of the date of filing of the
application for water permit but in cases where no water permit is required, the right to the
use of water is deemed acquired as of the date of actual use.

Rules governing the appropriation of waters

1. Appropriation and use of waters as used in this code refers to the direct extraction of waters
directly from its natural source.
When the water is removed from its natural source it ceases to be part of the natural
resources of the country and are subject of ordinary commerce meaning, they can now be
acquired by foreigners (IDEALS Inc. vs PSALM GR No. 192088).

2. No person, including government instrumentalities or government owned or controlled

corporations, shall appropriate water without a water right, which shall be evidenced by a
document known as a water permit.
3. Lease or Transfer of water rights is allowed under the water code subject to the approval of
the NWRB.
Provided that, lessees or transferees comply with the citizenship requirement

Grounds for revocation of Water Permits

Water permits may be revoked after due notice and hearing based on the following grounds

1. Non-use
2. Gross violation of conditions imposed in the permit
3. Unauthorized sale of water
4. Willful failure or refusal to comply with the rules and regulations and any lawful order
5. Pollution
6. Public nuisance
7. Acts detrimental to public health and safety
8. Applicant does not comply with the requisites
9. Conversion of land to non agricultural purposes in cases of irrigations
10. Other similar grounds
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Utilization of Waters

Order of preference in the use of waters

In case priority of use cannot be determined at the time of appropriation, the order of
preference shall be as follows:

1. Domestic and municipal use

2. Irrigation
3. Power Generation
4. Fisheries
5. Livestock raising
6. Industrial use
7. Others

Easements

An easement is an encumbrance imposed upon an immovable for the benefit of another

immovable belonging to a different owner.

Prohibitions and conditions for the use of waters

1. No excavation for the purpose of emission of a hot spring or for the enlargement of the
existing opening thereof shall be made without prior permit. Any person or agency who
intends to develop a hot spring for human consumption must first obtain a permit from the
Department of Health.
2. No person shall develop a stream, lake, or spring for recreational purposes without first
securing a permit from the Council
3. Unless-otherwise ordered by the President of the Philippines and only in time of national
calamity or emergency, no person shall induce or restrain rainfall by any method such as
cloud seeding without a permit from the proper government emergency.
4. No person shall raise or lower the water level of a river stream, lake, lagoon, or marsh nor
drain the same without a permit
5. Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural
bodies of water, or such other water course as may be approved by the proper government
agency
6. When artificial means are employed to drain water from higher to lower land, the owner of
the higher land shall select the routes and methods of drainage that will cause the minimum
damage to the lower lands, subject to the requirements of just compensation.
7. When the use, conveyance or storage of waters results in damage to another, the person
responsible for the damage shall pay compensation.
8. Any person having an easement for an aqueduct may enter upon the servient land for the
purpose of cleaning, repairing or replacing the aqueduct or the removal of obstructions
therefrom.
9. Lower estates are obliged to receive the waters which naturally and without the intervention
of man flow from the higher estate, as well as the stone or earth which they carry with them.
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The owner of the lower estate cannot construct works which will impede this natural flow,
unless he provides an alternative method of drainage; neither can the owner of the higher
estate make works which will increase this natural flow

10. The banks of 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 to the easement of
public use in the interest of recreation, navigation, floatage, fishing and salvage. No person
shall be allowed to stay in this zone longer than what is necessary for recreation, navigation,
floatage, fishing or salvage or to build structures of any kind.

Right of a water permittee to demand establishment of easements

A holder of a water permit may demand the establishment of easements necessary for the
construction and maintenance of the works and facilities needed for the beneficial use of the waters
to be appropriated subject to the requirements of just compensation and to the following
conditions:

a. That he is the owner, lessee, mortgage or one having real right over the land upon which
he purposes to use water; and

b. That the proposed easement is the most convenient and the least onerous to the servient
estate.

Note: Easements relating to the appropriation of waters may be modified by agreement of

contracting parties provided that it is not prejudicial to the rights of third persons.

Obligations of owners of Lower Estates

Lower estates have the obligation to receive the water which naturally flows from the higher
estates as well as the stone or earth which they carry with them.

The owner of the lower estate cannot construct works which will impede this natural flflow,
unless he provides an alternative method of drainage; neither can the owner of the higher estate
make works which will increase this natural flow. (Art. 50 of RA 1067)

Article 637 Civil Code - Lower estates are obliged to receive the waters which naturally and without the
intervention of man descend from the higher estates, as well as the stones or earth which they carry with
them. The owner of the lower estate cannot construct works which will impede this easement; neither can
the owner of the higher estate make works which will increase the burden.
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Remman Enterprises vs CA
The land of REMMAN was devoted for piggery business. REMMANs land is higher in elevation compared
to Lat. Lat complained that REMMANs waste disposal lagoon was already overflowing; the trees growing
on the flooded portion started to wither and die. So he filed a complaint for damages.
REMMAN contended that heavy rains caused the over flooding and the law imposes a natural easement on
the owner of the lower estate.
The court held that even assuming that the heavy rains constituted an act of God, by reason of REMMANs
negligence; the fortuitous event became humanized, rendering it liable for the ensuing damages. It further
ruled that REMMANs property was practically made a catch basin of polluted water and other noxious
substances emptying from its piggery, and any damage occasioned thereby entitles the owner of the lower or
servient estate to compensation.

RA 2056 authorizes removal of dikes either as public nuisance or as prohibited Constructions on public
navigable streams.
RA 3208 provides the Sec of Public Works to investigate and clear public streams free from unauthorized
encroachments and obstructions.

Control of Waters

General Rules and Prohibitions

a. Prohibition against activities that obstruct the flow of water. DPWH may declare flood
control areas

b. Rivers or lakes may be declared navigable. (Art.59 rivers, lakes and lagoons may, upon the
recommendation of the Philippine Coast Guard, be declared navigable either in whole or in part.)

c. River beds may not be cultivated (except prior permission from the Secretary, DPWH)

d. Erection of levees (to protect property from flood; construction does not cause damage to
anothers property)

e. Change of course of rivers (private owner may not compel the government to restore the river
to its former bed)

f. Reservoirs (whoever operates shall release water for minimum stream flow)

g. Drilling for subterranean or ground water (No person shall drill a well without prior
permission from the Council)

h. Easement of aqueduct (Any person who may wish to use upon his own estate any water of
which he can dispose shall have the right to make it flow through the intervening estate, with the
obligation to indemnify their owners, as well as the owners of the lower estates upon which the
waters may filter or descend.)
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Conservation and protection of waters and watersheds and related land resources

a. Watersheds may be declared a protected area

In Sta. Rosa Realty Development Corporation v. Court of Appeals, the court held that the disputed
parcels of land in Sta. Rosa Realty form vital part of an area that need to be protected for watershed
purposes. Clearing and tilling of the lands are totally inconsistent with sound watershed management.

b. A watershed reservation is not subject to occupancy or alienation.

The case of Collado v. Court of Appeals reiterates the principle that a watershed reservation is not
susceptible of occupancy, disposition, conveyance or alienation.

c. A timber license covering a watershed area may be withdrawn in the public interest
In the case of Tan v. Director of Forestry, the court declared that watersheds serve as a defense against
soil erosion and guarantee the steady supply of water.