water code IRR

1 Philippine Environmental Laws water 16. water code OF THE In the following instances the PHILIPPINES granting of permit/authority required under the provisions of 1067, is delegated by Implementing Rules and Regulations the Council to the corresponding agencies indicated and permit/authority pertaining to Pursuant to the water code of the any of these instances shall be secured from Philippines vesting upon the National water the agency delegated: Resources Council the administration and enforcement of the provisions thereof, the a) Excavation for the emission of a hot following rules and regulations are hereby spring Ministry of Energy;. promulgated: b) Cloud seeding to induce rainfall . RULE I Philippine Atmospheric Geophysical &. APPROPRIATION AND Astronomical Service Administration UTILIZATION OF WATERS (PAGASA).

2 C) Recharging ground water supplies . National Pollution Control Section 1. When permit/Authority Commission. from the National water Resources Council Must be Secured. As required under the Whenever necessary the Council provisions of P. D. 1067, a permit/authority may exercise any of the above delegated shall be secured from the Council in the authorities. following instances: Section 2. Qualification of Applicants a) Appropriation of water for any purpose for Permit/Authority. Only the following stated under Article 10 of the code may file an application with the Council for except for family domestic purpose permit/authority: provided under Article 6: b) Change in purpose of the appropriation; a) Citizens of the Philippines;. c) Amendment of an existing b) Associations, duly registered permit/authority, such as change in cooperatives or corporations organized point or nature of diversion, amount of under the laws of the Philippines, at appropriation, period of use, etc; least 60 percent of the capital of which d) Transfer or lease of water right; is owned by the citizens of the e) Temporary appropriation and use of Philippines.

3 water ; c) Government entities and f) Developing a stream, lake, or spring for instrumentalities, including government recreational purposes; owned and controlled corporations. g) Lowering or raising the level of the water of a lake, river or marsh, or Section 3. Place of Filing Applications. draining the same; - Except for those on cloud seeding, any h) Transbasin diversion; application for permit/authority in Section i) Dumping of mine tailings or wastes into 1 shall be filed with the Office of the Public a river or a waterway; Works District Engineer, the NIA. j) Such other instances that will require a provincial Irrigation Engineer, NPC. permit/authority as determined by the Regional Managers or the LWUA water Council. District General Manager whichever is designated as gently by the Council in the province where the point of diversion is Helping Communities Defend the Earth Philippine Environmental Laws water 17.

4 Situated in the case of appropriation of waters or where the project is located in all B. For a water Permit for Hydraulic other cases. Power Development and Industrial Purposes, or for a Permit to Dump Section 4. Form and Requirements of Mine Tailings or Wastes . Application. - All applications shall be filed in the prescribed form, sworn to by the 1. Location, and conceptual plans on applicant and supported by the following: convenient scale showing the source of water , layout of proposed A. For a water Permit for Agricultural works, and point of diversion Purposes determined graphically by its latitude and longitude;. 1. Any document of 2. Brief description of project, ownership/possession of the land including among others, how water to be developed such as: will be used, amount of water needed for the purpose, power a) Certificate of Title; expected to be generated if b) Tax Declaration: applicable, amount of water to be c) Certificate of Land Transfer; or discharged back to the source and d) Contract of lease , if applicant is measures to be taken to insure that a lessee.

5 Such waters are not polluted, other relevant information;. 2. Location Plan of Area showing: 3. Articles of Incorporation or Articles of Partnership in case applicant is a a) Point of Diversion determined private corporation or partnership, graphically by its latitude and or certificate of registration in case longitude; of cooperatives; and b) Delineation of area indicating 4. When the application is for hectareage for which water will industrial use of ground water , the be used and adjoining lands and location and spacing of drilling well their corresponding owners sites instead of diversion point duly indicated relative to the should be indicated in the location point of diversion; plan. c) Nature of diversion works, whether temporary or C. For a water Permit for Municipal permanent; manner of Purposes.

6 Appropriation, whether by gravity pump; kind of crop; and 1. Location, topographic and layout approximate location or map showing the relative position conveyance canal or conduit; of source area to be supplied, and and diversion point determined d) In case of appropriation of graphically by its latitude and ground water , location and longitude;. spacing of proposed drilling 2. Brief description of the project, sites, kind of crop, and including nature and amount of approximate location or water to be used, population and conveyance canal or conduit in area to be served, and other lieu of items (a) and (c) above. pertinent facts and information;. Helping Communities Defend the Earth Philippine Environmental Laws water 18. 3. Articles of Incorporation or Articles 2. Location and layout maps of of Partnership in case applicant is a drainage works showing area to be private corporation or Partnership, drained, route of drainage canal and or Certificate of Registration in case drainage outlet which should be a of cooperatives; natural body of water or a natural 4.

7 When the application involves the waterway;. use of groundwater, the location 3. Articles of Incorporation or Articles and spacing of drilling well sites of Partnership in case applicant is a determined graphically by latitude private corporation or partnership, and longitude should be indicated in or Certificate of Registration in case the location plan; and of cooperatives. 5. When it involves the reuse of waste water for human consumption, the F. Such other documents that may be application should be accompanied required by the Council. by a clearance from the Department of Health allowing the reuse of said Section 5. Other Requirements. In waste water and setting forth the addition to the requirements under Section conditions therefor. 4, the following are required in the specific instances indicated: D.

8 For a water Permit for Recreational, Fisheries and Other purposes A. For Well Drilling Except when manual well drilling will be employed, 1. Location and conceptual plan all applications involving extraction of showing the relative location of the ground water shall include the name of project with the body of water to be a duly licensed well driller who will utilized for the purpose, determined undertake the drilling. Except for graphically by its latitude and manual well drilling, no person shall longitude; engage in the business of drilling wells 2. Brief description of the project for the purpose of extracting ground including among others, how the water without first registering as a well water is to be used, area of water driller with the Council. surface needed for the purpose or amount of water to be appropriated B.

9 For Transfer of a water Permit . and location of diversion canal if Applications for the transfer of a water diversion is to be made, scheme of permit from one person to another shall development, and other relevant include the reasons for the transfer. information; and 3. Articles of Incorporation or Articles C. For Lease of a water Permit - of Partnership in case applicant is a Applications for the lease of a water private corporation or partnership, permit to another person shall be or Certificate of Registration in case accompanied by a duly executed of cooperatives. contract of lease subject to the approval of the Council. No contract of lease E. For a Permit for Drainage Purposes shall be for a continuous period exceeding five (5) years; otherwise the 1. Brief description of project for contract shall be treated as a transfer of which drainage scheme is necessary; permit in favor of the lessee.

10 Helping Communities Defend the Earth Philippine Environmental Laws water 19. 2) For a surface area of more than 15. D. For all Applications to Appropriate hectares P300 plus P30/ha. of the water - water permit applications filed excess over 15 hectares. for any purpose shall be accompanied For this purpose a fraction of a by a Certificate of tree planting, hectare shall be considered as one hectare. survival, or completion as the case may be in the name of the applicant as The Council may revise the above provided under P. D. 1153. water charges or impose special water rates from time to time as the need arises taking Section 6. Filing Fee. There shall into consideration, among others, the be imposed and collected a fee of One following: Hundred Pesos ( ) from every applicant, except government agencies, a) Intended use of water .