Article 144p. 144

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

December 31, 1976

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

WHEREAS, Article XIV, Section 8 of the New Constitution

of the Philippines provides, inter alia, that all waters of

the Philippines belong to the State;

WHEREAS, existing water legislations are piece-meal

and inadequate to cope with increasing scarcity of water

and changing patterns of water use;

WHEREAS, there is a need for a Water Code based on

rational

concepts

of

integrated

and

multipurpose

management of water resources and sufficiently flexible

to adequately meet future developments;

WHEREAS, water is vital to national development and it

has become increasingly necessary for government to

intervene actively in improving the management of

water resources;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Philippines, by virtue of the powers in me vested

by the Constitution, do hereby order and decree the

enactment of the Water Code of the Philippines of 1976,

as follows:

CHAPTER I Declaration of Objectives and

Principles

ARTICLE 1. This Code shall be known as The Water Code

of the Philippines.

ARTICLE 2. The objectives of this Code are:

a.

To

establish the basic principles and framework

relating to the appropriation, control and conservation of

water resources to achieve the optimum development

and rational utilization of these resources;

b. To define the extent of the rights and obligations 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.

ARTICLE 3. The underlying principles of this code are:

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 administrative 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,

hereinafter referred to as the Council.

e. Preference in the use and development of waters shall

consider

current

usages

and

be

responsive to the

changing needs of the country.

ARTICLE 4. Waters, as used in this Code, refers to water

under the grounds, water above the ground, water in the

atmosphere

and

the

waters of the sea within the

territorial jurisdiction of the Philippines.

CHAPTER II Ownership of Waters

ARTICLE 5. The following belong to the State:

a. Rivers and their natural beds;

b. Continuous or intermittent waters of springs and

brooks running in their natural beds and the beds

themselves;

c. Natural lakes and lagoons;

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. Seawater.

ARTICLE 6. The following waters found on private lands

also belong to the State:

a. Continuous or 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; and

e. Water in swamps and marshes.

The owner of the land where the water is found may use

the same for domestic purposes without securing a

permit, provided that such use shall be registered, when

required by the Council. The Council, however, may

regulate such use when there is wastage, or in times of

emergency.

ARTICLE 7. Subject to the provisions of this Code, 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.

ARTICLE 8. Water legally appropriated shall be subject to

the control of the appropriator from the moment it

reaches the appropriator’s 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.

CHAPTER III Appropriation of Waters

ARTICLE 9. Waters may be appropriated and used in

accordance with the provisions of this Code.

Appropriation of water, as used in this 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.

ARTICLE 10. Water may be appropriated for the following

purposes:

a. Domestic

© 2018 Compiled by RGL

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