Article 145p. 145

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

b. Municipal

c. Irrigation

d. Power generation

e. Fisheries

f. Livestock raising

g. Industrial

h. Recreational, and

i. Other purposes

Use of water for domestic purposes is the utilization of

water for drinking, washing, bathing, cooking or other

household needs, home gardens, and watering of lawns

or domestic animals.

Use of water for municipal purposes is the utilization of

water for supplying the water requirements of the

community.

Use of water for irrigation is the utilization of water for

producing agricultural crops.

Use of water for power generation is the utilization of

water for producing electrical or mechanical power.

Use of water for fisheries is the utilization of water for the

propagation

and

culture

of

fish

as

a

commercial

enterprise.

Use of water for livestock raising is the utilization of

water for large herds or flocks of animals raised as a

commercial enterprise.

Use of water for industrial purposes is the utilization of

water in factories, industrial plants and mines, including

the use of water as an ingredient of a finished product.

Use of water for recreational purposes is the utilization of

water for swimming pools, bath houses, boating, water

skiing, golf courses and other similar facilities in resorts

and other places of recreation.

ARTICLE 11. The State, for reasons of public policy, may

declare waters not previously appropriated, in whole or

in

part,

exempt

from

appropriation

for

any

or

all

purposes and, thereupon, such waters may not be

appropriated for those purposes.

ARTICLE 12. Waters appropriated for a particular purpose

may be applied for another purpose only upon prior

approval 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.

ARTICLE 13. Except as otherwise herein provided, 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.

Water right is the privilege granted by the government

to appropriate and use water.

ARTICLE 14. Subject to the provisions of this Code

concerning the control, protection, conservation, and

regulation of the appropriation and use of waters, any

person may appropriate or use natural bodies of water

without securing a water permit for any of the following:

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.

ARTICLE 15. Only citizens of the Philippines, of legal age,

as well as juridical persons, who are duly qualified by law

to exploit and develop water resources, may apply for

water permits.

ARTICLE 16. Any person who desires to obtain a water

permit shall file an application with the Council who

shall make known said application to the public for any

protests.

In determining whether to grant or deny an application,

the Council shall consider the following: protests filed, if

any; prior permits granted; the availability of water; the

water supply needed for beneficial use; possible adverse

effects; land-use economics; and other relevant factors.

Upon approval of an application, a water permit shall be

issued and recorded.

ARTICLE 17. The right to the use of water is deemed

acquired as of the date of filing of the application for a

water permit in case of approved permits, or as of the

date of actual use in a case where no permit is required.

ARTICLE 18. All water permits granted shall be subject to

conditions

of beneficial use, adequate standards of

design and construction, and such other terms and

conditions as may be imposed by the Council.

Such permits shall specify the maximum amount of

water

which

may

be

diverted

or

withdrawn,

the

maximum rate of diversion or withdrawal, the time or

times during the year when water may be diverted or

withdrawn, the point or points of diversion or location of

wells, the place of use, the purposes for which water may

be used and such other requirements the Council deems

desirable.

ARTICLE 19. Water rights may be leased or transferred in

whole or in part to another person with prior approval of

the Council, after due notice and hearing.

ARTICLE 20. The measure and limit of appropriation of

water shall be beneficial use.

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

21.

Standards

of

beneficial

use

shall

be

prescribed by the Council for the appropriator of water

for different purposes and conditions, and the use of

waters which are appropriated shall be measured and

controlled in accordance therewith.

Excepting those for domestic use, every appropriator of

water

shall

maintain

water

control

and

measuring

devices, and keep records of water withdrawal. When

required by the Council, all appropriators of water shall

furnish information on water use.

ARTICLE 22. Between two or more appropriators of water

from the same sources of supply, priority in time of

appropriation shall give the better right, except that in

times of emergency the use of water for domestic and

municipal purposes shall have a better right over all

other uses; Provided, That where water shortage is

recurrent and the appropriator for municipal use has a

lower priority in time of appropriation, then it shall be his

duty

to

find

an

alternative

source

of

supply

in

accordance with conditions prescribed by the Council.

© 2018 Compiled by RGL

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