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Water Code of the Philippines Application for permit; where?

– NWRB in the province where


the point of abstraction/diversion is situated. NWRB is attached
Water – water underground, above ground, atmosphere, and to the DPWH. (previously known as NWR Council)
within the territorial jurisdiction of the Philippines.
Appropriation without permit; when?
Underlying Principles (Article 3) – all waters belong to the State.
All waters that belong to the State cannot be the subject of  By means of hand-carried receptacles
acquisitive prescription.  Bathing or washing, watering or dipping of domestic
or farm animals
Waters on Private lands:  Navigation of watercrafts or transportation of logs and
other objects by floatation
 Continuous or intermittent waters rising on such land  Purely domestic purposes
 Lakes and lagoons naturally occurring on such lands
 Rain water falling such lands Grounds for revocation (Water permit can be revoked after due
 Subterranean or ground waters notice and hearing. Not ex parte.
 Waters in swamps and marshes
 Non-use
Gen Rule: Water found on private land can not be used without  Gross violation of the conditions imposed in the
permit. permit
 Unauthorized sale of water
XPN: 1.) for purely domestic purposes (250 liters/fam); 2.) any  Willful failure or refusal to comply with rules and
person who captures or collects water by means of cisterns, regulations of any lawful order
tanks, or pools shall have exclusive control over such water and  Pollution
the right to dispose of the same.  Public nuisance or acts detrimental to public health
and safety
Appropriation of waters – it is the acquisition of rights over the  Appropriator is found to be disqualified under the law
use of waters or the taking or diverting of waters from a natural to exploit and develop natural resources of the
source in the manner and for any purpose allowed by law. country

Purposes for Appropriation of water: Domestic; municipal; NWRB – under the DPWH
irrigation; power generation; fisheries; livestock raising;
industrial purposes; recreational. Jurisdiction

Water Permit Application; who? – Only citizens of the  Over all disputes relating to exploitation,
Philippines of legal age; juridical persons (Corporations must be development, utilization, control, conversation,
filipino-owned by at least 60% of their capital) who are duly appropriation and protection of waters.
qualified by law to exploit and develop water resources.  Preference in the use and development of waters

Ideals vs. Psalm (2015 BQ) – Appropriation by Corporations Q: Can a party go directly to the court to adjudicate a dispute
applies (60%) only from diverting water from a natural source. over water rights for irrigation purposes?
If not from the direct natural source the use of water, it cant be A: No. go first to NWRB
considered as appropriation, hence, it is allowable for
corporations (regardless of the %) and that they can utilize the Jurisdiction (Regular Courts)
waters.
 enjoyment of a right to water use for which a permit
“A foreign company may not be said to be appropriating our was already granted; injunction to prevent third
natural resource if it utilizes the waters collected in the dam persons from unauthorized extraction and withdrawal
and converts the same into electricity through artificial devices. of ground water within petitioner’s service area
Since NAPOCOR (energy/utility provider something2) remains
 action for damages due to malicious construction of a
in control of the operation of the dam by virtue of the water
dam and diversion of the flow of water by the
rights granted to it, there is no legal impediment to foreign-
petitioner
owned corporation undertaking the generation of electric
 annulment of title and reversion to the government of
power using waters already appropriated by NPC, the holder of
a lot covering a water reservoir alleged to be illegally
water permit.”
and erroneously titled
 WON construction of the dike obstructed the natural
Water Rights and Water Permits – no person including the
water course of free flow of water from higher estate
government or GOCC’s shall appropriate water without a water
to lower estate (easement).
right, which is evidenced by a water permit.
NWRB vs. ALANI – Appellate jurisdiction over final orders of
NWRB (quasi-judicial agencies in general) is granted to the
Court of Appeals by virtue of Sec. 9 (3) BP 129.

Grave abuse of jurisdiction is also granted to the CA under


Section 1 of Rule 43 of the Rules of Court on certiorari.

Philippine Clean Water Act – applies to water quality


management in all bodies of water but shall primarily govern
the abatement and control of pollutions from land-based
source.

Coverage

 Applied to all water bodies (sea, rivers, lakes, etc)


 Abatement and control of pollution from land based
sources (hospitals, factories, residences, commercial
and industrial facilities)

Discharge Permit – evidence or legal authorization granted by


the department no discharge wastewater.

Implementing Agency – DENR is the primary government


agency responsible for the implementation and enforcement of
this Act.

Civil and Criminal Liabilities

 Discharging, depositing or causing to be deposited


material of any kind directly or indirectly into the
water bodies or along the margins of any surface
water
 Discharging, injecting or allowing to seep into the soil
or sub-soil any substances in any form that would
pollute groundwater
 Operating facilities that discharge regulated water
pollutants without the valid required permits or after
the permit was revoked
 Disposal of potentially infectious medical waste into
sea water by vessels
 Unauthorized transport or dumping into sea waters of
sewage sludge or solid waste
 Transport, dumping, or discharge of prohibited
chemicals

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