PD 1067

A DECREE INSTITUTING A WATER CODE,

THEREBY REVISING AND CONSOLIDATING THE
LAWS GOVERNING THE OWNERSHIP,
APPROPRIATION, UTILIZATION, EXPLOITATION,
DEVELOPMENT, CONSERVATION AND
PROTECTION OF WATER RESOURCES

(THE WATER CODE OF THE PHILIPPINES)

This Code shall take effect upon its promulgation, on December 31, 1976
-Promulgated by Ferdinand E. Macos Sr.
The objectives of this Code are:

a. To establish the basic principles and framework relating

to the appropriation, control and conservation of water
resources and to achieve the optimum development and
rational utilization of these resources;
b. To define the extent of the rights and obligation of
water users and owners including the protection and
regulation of such rights;
c. To adopt a basic law governing the ownership, appropriation,
utilization, exploitation, development, conservation and
protection of water resources and rights to land related
thereto; and
d. To identify the administrative agencies which will enforce
this Code.
The underlying principles of this code

a. All waters belong to the State.

b. All waters that belong to the state can not be the subject to
acquisitive prescription.
c. The state may allow the use or development of waters by
administration concession.
d. The utilization, exploitation, development, conservation and protection
of water resources shall be subject to the control and regulation of the
government through the National Water Resources Council.
e. Preference in the use and development of waters shall consider current
usages and be responsive to the changing needs of the country.
 WATERS
As used in the Water Code, refers to:
-water under the ground
-water above the ground
-water in the atmosphere and;
-the waters of the sea within the territorial
jurisdiction of the Philippines.
 OWNERSHIP OF WATERS
Article 5; The following belong to the Article 6; The following waters found on
State: private lands belong to the State

a.Continuous or intermittent waters rising on

a. Rivers and their natural beds;
such lands;
b. Continuous or intermittent waters of b. Lakes and lagoons naturally waters rising on
springs and brooks running in their natural such lands;
beds and the beds themselves c. Rain water and falling on such lands;
c. Natural lakes and lagoons; d. Subterranean or ground waters; and,
d. All other categories of surface waters e. Waters in swamps and marshes.
such as water flowing over lands, water
form rainfall whether natural or artificial, • The owner of the land where the water is
and water from agriculture runoff, found may use the same for domestic
purposes without securing a permit,
seepage and drainage;
provided that such use shall be
e. Atmospheric water; registered, when required by the
f. Subterranean or ground water; and National Water Resources Council.
g. Seawater • The Council, however may regulate such
use when there is (1)wastage, or (2) in
times of emergency.
 Article 7 Article 8.
• Subject to provisions of the Water legally appropriated
Water Code, any person who shall be subject to the control
captures or collects water by of the appropriator from the
means of cisterns, tanks or moment it reaches the
pools shall have exclusive appropriator's canal or
control over such water and aqueduct leading to the place
the right to dispose of the where the water will be used or
same. stored and, thereafter, so long
as it is being beneficially used
for the purposes for which it
was appropriated.
 APPROPRIATION OF WATERS
Article 9: As used in the Water Code, is the acquisition of rights over the use of
waters or the taking or diverting of waters from a natural source in the manner and for
any purpose allowed by law.

a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial
h. Recreational, and
i. Other purposes

Water Right- is the privilege granted by the government to appropriate and use water.

Water Permit- is the document evidencing the water right.

(GENERAL RULE) No person, including government
instrumentalities or government-owned corporations, shall
appropriate water without a water right, which shall be
evidenced by a document known as a water permit.

(EXCEPTION) Any person may appropriate or use natural

bodies of water without securing a water permit for any
of the ff:

1.Appropriation of water by means of hand carried

receptacles; and
2.Bathing or washing, watering or dipping of domestic
or farm animals, and navigation of watercrafts or
transportation of logs and other objects by floatation.
REGALIAN DOCTRINE- is the doctrine recognized in our constitution
whereby ownership of minerals and all forces of potential energy and
other natural resources are reserved for the state. (see Article XII,
Section 2, 1987 Constitution).

UTILIZATION OF WATERS
• Development of water resources shall consider security of the State,
multiple use, beneficial effects, adverse effects and cost of development.

• The utilization of subterranean or ground water shall be coordinated with

that of surface waters such as rivers, streams, springs and lakes, so that
a superior right in one is not adversely affected by an inferior right in the
other.

• Water contained in open canals, aqueducts or reservoirs of private

persons may be used by any person for domestic purpose or for watering
plants.
• Works for the storage, diversion, distribution and utilization of water resources shall
contain adequate provision for the prevention and control of diseases.

• When the reuse of waste water is feasible, it shall be limited as much as possible to
such uses other than direct human consumption.

• Drainage systems shall be so constructed that their outlets are rivers, lakes, the
sea, natural bodies of water, such other water course as may be approved by the
proper government agency

• Lower estates are obliged to receive the waters which naturally and without the
intervention of man flow from the higher estates, as well as the stones or earth
which they carry with them.

• The banks or rivers and streams and the shores of the seas and lakes throughout
their entire length and within a zone of three (3) meters in urban areas, twenty
(20) meters in agricultural areas and forty (40) meters in forest areas, along
their margins, are subject to the easement of of public use in the interest of
recreation, navigation, floatage, fishing and salvage.
 CONTROL OF WATERS
• To promote the best interest and the coordinated protection of flood plain
lands.

• The government may construction necessary flood control structures in

declared flood control areas, and for this purpose it shall have a legal
easement as wide as may be needed along and adjacent to the river bank
and outside the bed or channel of the river.

• River beds, sand bars and tidal flats may not be cultivated except upon
prior permission.

• The impounding of water in ponds or reservoirs may be prohibited by the

Council upon consultation with the Department of Health if it is
dangerous to public health.
 OTHER PROVISIONS
ARTICLE 11: The State, for reasons of public policy, may ARTICLE 15: Only citizens of the Philippines, of legal age,
declare waters not previously appropriated, in whole or in as well as juridical persons, who are duly qualified by law
part, exempt from appropriation for any or all purposes to exploit and develop water resources, may apply for
and, thereupon, such waters may not be appropriated for water permits
those purposes.
ARTICLE 12: Waters appropriated for a particular purpose ARTICLE 20: The measure and limit of appropriation of
may be applied for another purpose only upon approval water shall be beneficial use.
of the Council and on condition that the new use does
not unduly prejudice the rights of other permittees, or
require an increase in the volume of water.

BENEFICIAL USE OF WATER - is the utilization of water in the right amount during the period
that the water is needed for producing the benefits for which the water is appropriated.

ARTICLE 25: 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:

1. That he is the owner, lessee, mortgagee or one having real right over the land upon which he proposes to
use water; and
2. That the proposed easement is the most convenient and the least onerous to the servient estate.

Easements relating to the appropriation and use of waters may be modified by agreement of the contracting
parties provided the same is not contrary to law or prejudicial to third persons.
ARTICLE 29: Water permits may be revoked after due ARTICLE 39:
notice and hearing on GROUNDS of:
Except in cases of emergency to save life or property, the
1. Non-use; construction or repair of the following works shall be
2. Gross violation of the conditions imposed in the permit; undertaken only after the plans and specifications therefor, as
3. Unauthorized sale of water; may be required by the Council, are approved by the proper
4. Willful failure or refusal to comply with rules and regulations government agency:
or any lawful order;
5. Pollution; 1. Dams for the diversion or storage of water;
6. Public nuisance; or 2. Structures for the use of water power;
7. Acts detrimental to public health and safety; 3. Installation for the utilization of subterranean or ground
8. When the appropriator is found to be disqualified under the water and
law to exploit and develop natural resources of the Philippines; 4. Other structures for utilization of water resources.
9. When, in the case of irrigation, the land is converted to non-
agricultural purposes; and
10. Other similar grounds.

ARTICLE 76: The establishment of cemeteries and ARTICLE 79: The administration and enforcement of
waste disposal areas that may affect the source of a the provisions of this Code, including the granting of
water supply or a reservoir for domestic or municipal permits and the imposition of penalties for
use shall be subject to the rules and regulations administrative violation thereof, are hereby vested
promulgated by the Department of Health. in the Council, and except in regard to those functions
which under the Code are specifically conferred upon
other agencies of the government, the Council is
hereby empowered to make all decisions and
determinations provided for in this Code.
 CHAPTER VIII
PENAL PROVISIONS

Article 90. The following acts shall be penalized by suspension or revocation of the violator's
water permit or other right to the use of water and/or a fine of not exceeding (P1,000.00), in the
discretion of the Council:

(a)Appropriation of subterranean or ground water for domestic use by an overlying landowner without
registration required by the Council.
(b) Non-observance of any standard of beneficial use of water.
(c) Failure of the appropriator to keep a record of water withdrawal, when required.
(d) Failure to comply with any of the terms or conditions in a water permit or a water rights grant.
(e) Unauthorized use of water for a purpose other than that for which a right or permit was granted.
(f) Construction or repair of any hydraulic work or structure without duly approved plans and
specifications, when required.
(g) Failure to install a regulating and measuring device for the control of the volume of water
appropriated, when required.
(h) Unauthorized sale, lease, or transfer of water and/or water rights.
(i) Failure to provide adequate facilities to prevent or control diseases when required by the Council in
the construction of any work for the storage, diversion, distribution and utilization of water.
(j) Drilling of a well without permission of the Council.
(k) Utilization of an existing well or ponding or spreading of water for recharging subterranean or
ground water supplies without permission of the Council.
(l) Violation of or non-compliance with any order, rules, or regulations of the Council.
(m) Illegal taking or diversion of water in an open canal, aqueduct or reservoir.
 CHAPTER VIII
PENAL PROVISIONS

Article 91.
A. a fine of not exceeding (P3,000.00) or imprisonment for not more than (3) years, or both such fine and imprisonment, in the discretion
of the Court, shall be imposed upon any person who commits any of the following acts:

1. Appropriation of water without a water permit, unless such person is expressly exempted from securing a permit by the provisions of
this Code.
2. Unauthorized obstruction of an irrigation canal.
3. Cultivation of a river bed, sand bar or tidal flat without permission.
4. Malicious destruction of hydraulic works or structure valued at not exceeding Twenty-Five Thousand Pesos (P25,000.00).

B. A fine exceeding (P3,000.00) but not more than (P6,000.00) or imprisonment exceeding (3) years but not more than (6) years, or
both such fine and imprisonment in the discretion of the Court, shall be imposed on any person who commits any of the following acts:

1. Distribution for public consumption of water which adversely affects the health and safety of the public.
2. Excavation or enlargement of the opening of a hot spring without permission.
3. Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore without permission.
4. Establishment of a cemetery or a waste disposal area near a source of water supply or reservoir for domestic municipal use
without permission.
5. Constructing, without prior permission of the government agency concerned, works that produce dangerous or noxious substances,
or performing acts that result in the introduction of sewage, industrial waste, or any substance that pollutes a source of water supply.
6. Dumping mine tailings and sediments into rivers of waterways without permission.
7. Malicious destruction of hydraulic works or structure valued more than (P25,000.00) but at not exceeding (100,000.00).

C. A fine exceeding (P6,000.00) but not more than (P10,000.00) or imprisonment exceeding (6) years but not more than (12) years, or
both such fine and imprisonment, in the discretion of the Court, shall be imposed upon any person who commits any of the following acts:

1. Misrepresentation of citizenship in order to qualify for water permit.

2. Malicious destruction of a hydraulic works or structure, valued at more than (P100,000.00).
Article 92. If the offense is committed by a corporation, trust, firm,
partnership, association or any other juridical person, the penalty shall be
imposed upon the President, General Manager, and other guilty officer or
officers of such corporation, trust firm, partnership, association or entity,
without prejudice to the filing of a civil action against said juridical
person. If the offender is an alien, he shall be deported after
serving his sentence, without further proceedings.

After final judgment of conviction, the Court upon petition of the

prosecution attorney in the same proceedings, and after due
hearing, may, when the public interest so requires, order suspension of
or dissolution of such corporation, trust, firm, partnership, association or
juridical person.

Article 93. All actions for offenses punishable under Article 91 of this
Code shall be brought before the proper court.
 Article 94.
Actions for offenses punishable under this shall prescribe in five (5) years
Code by a fine of not more than
(P3,000.00) or by an imprisonment of not
more than (3) years, or both such fine and
imprisonment,

Those punishable by a fine exceeding shall prescribe in seven (7) years

(P3,000.00) but not more than (P6,000.00)
or an imprisonment exceeding (3) years
but not more than (6) years, or both such
fine and imprisonment

Those punishable by a fine exceeding shall prescribe in (10) years.

(P6,000.00) but not more than
(P10,000.00) or an imprisonment
exceeding (6) years but not more than (12)
years, or both such fine and imprisonment
THANK YOU!!!