Article 147p. 147

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

ARTICLE 41. No person shall develop a stream, lake, or

spring for recreational purposes without first securing a

permit from the Council.

ARTICLE 42. Unless otherwise ordered by the President

of the Philippines and only in time of national calamity

or emergency, no person shall induce or restrain rainfall

by any method such as cloud seeding without a permit

from the proper government emergency.

ARTICLE 43. No person shall raise or lower the water level

of a river stream, lake, lagoon or marsh nor drain the

same without a permit.

ARTICLE 44. Drainage systems shall be so constructed

that their outlets are rivers, lakes, the sea, natural bodies

of water, or such other water course as may be approved

by the proper government agency.

ARTICLE 45. When a drainage channel is constructed by

a number of persons for their common benefit, the cost

of construction and maintenance of the channel shall be

borne by each in proportion to the benefits derived.

ARTICLE 46. When artificial means are employed to

drain water from higher to lower land, the owner of the

higher land shall select the routes and methods of

drainage that will cause the minimum damage to the

lower

lands,

subject

to

the

requirements

of

just

compensation.

ARTICLE 47. When the use, conveyance or storage of

waters

results

in

damage

to

another,

the

person

responsible for the damage shall pay compensation.

ARTICLE 48. When a water resources project interferes

with the access of landowner to a portion of his property

or with the conveyance of irrigation or drainage water,

the person or agency constructing the project shall bear

the cost of construction and maintenance of the bridges,

flumes and other structures necessary for maintaining

access, irrigation, or drainage, in addition to paying

compensation for land and incidental damages.

ARTICLE 49. Any person having an easement for an

aqueduct may enter upon the servient land for the

purpose of cleaning, repairing or replacing the aqueduct

or the removal of obstructions therefrom.

ARTICLE 50. 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 stone or

earth which they carry with them.

The owner of the lower estate can not construct works

which will impede this natural flow, unless he provides

an alternative method of drainage; neither can the

owner of the higher estate make works which will

increase this natural flow.

ARTICLE 51. The banks of 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 public use in the interest of

recreation, navigation, floatage, fishing and salvage. No

person shall be allowed to stay in this zone longer than

what is necessary for recreation, navigation, floatage,

fishing or salvage or to build structures of any kind.

ARTICLE

52.

The

establishment,

extent,

form,

and

conditions

of

easements

of

water

not

expressly

determined by the provisions of this Code shall be

governed by the provisions of the Civil Code.

CHAPTER V Control of Waters

ARTICLE

53. To promote the best interest and the

coordinated protection of flood plain lands, the Secretary

of Public Works, Transportation and Communications

may

declare

flood

control

areas

and

promulgate

guidelines for governing flood plain management plans

in these areas.

ARTICLE 54. In declared flood control areas, rules and

regulations may be promulgated to prohibit or control

activities that may damage or cause deterioration of

lakes and dikes, obstruct the flow of water, change the

natural

flow

of

the

river,

increase

flood

losses

or

aggravate flood problems.

ARTICLE 55. The government may construct 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.

ARTICLE 56. River beds, sand bars and tidal flats may not

be cultivated except upon prior permission from the

Secretary

of

the

Department

of

Public

Works,

Transportation

and

Communication

and

such

permission shall not be granted where such cultivation

obstructs the flow of water or increase flood levels so as

to cause damage to other areas.

ARTICLE 57. Any person may erect levees or revetments

to protect his property from flood, encroachment by the

river or change in the course of the river, provided that

such

constructions does not cause damage to the

property of another.

ARTICLE 58. When a river or stream suddenly changes its

course to traverse private lands, the owners of the

affected lands may not compel the government to

restore the river to its former bed; nor can they restrain

the government from taking steps to revert the river or

stream to its former course. The owners of the lands thus

affected

are

not

entitled

to

compensation

for any

damage sustained thereby. However, the former owners

of the new bed shall be the owners of the abandoned

bed in proportion to the area lost by each.

The owners of the affected lands may undertake to

return the river or stream to its old bed at their own

expense; Provided, That a permit therefor is secured

from the Secretary of Public Works, Transportation and

Communication

and

work

pertaining

thereto

are

commenced within two years from the change in the

course of the river or stream.

ARTICLE 59. Rivers, lakes and lagoons may, upon the

recommendation

of the Philippine Coast Guard, be

declared navigable either in whole or in part.

ARTICLE 60. The rafting of logs and other objects on

rivers and lakes which are floatable may be controlled or

prohibited during designated season of the year with

due regard to the needs of irrigation and domestic water

supply and other uses of water.

ARTICLE 61. 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, or it may order that such

pond or reservoir be drained if such is necessary for the

protection of public health.

ARTICLE 62. Waters of a stream may be stored in a

reservoir by a permittee in such amount as will not

prejudice

the

right

of

any

permittee

downstream.

Whoever operates the reservoir shall, when required,

release water for minimum stream flow.

© 2018 Compiled by RGL

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