Article 149p. 149

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

exploitation, conservation, and protection of the water

resources of the country.

ARTICLE 82. In the implementation of the provisions of

this Code, the Council shall promulgate the necessary

rules and regulations which may provide for penalties

consisting of a fine not exceeding One Thousand Pesos

(P1,000.00) and/or suspension or revocation of the water

permit or other right to the use of water. Violations of

such rules and regulations may be administratively dealt

with by the Council.

Such rules and regulations shall take effect fifteen (15)

days

after

publication

in

newspapers

of

general

circulation.

Rules and regulations prescribed by any government

agency

that

pertain

to

the

utilization,

exploitation,

development,

control, conservation, or protection of

water resources shall, if the Council so requires, be

subject to its approval.

ARTICLE 83. The Council is hereby authorized to impose

and

collect

reasonable

fees

or

charges

for

water

resources development from water appropriators, except

when it is for purely domestic purposes.

ARTICLE 84. The Council and other agencies authorized

to enforce this Code are empowered to enter upon

private lands, with previous notice to the owner, for the

purpose

of

conducting

surveys

and

hydrologic

investigations, and to perform such other acts as are

necessary in carrying out their functions including the

power to exercise the right of eminent domain.

ARTICLE

85.

No

program

or

project

involving

the

appropriation,

utilization,

exploitation,

development,

control, conservation, or protection of water resources

may

be

undertaken

without

prior

approval

of

the

Council, except those which the Council may, in its

discretion, exempt.

The Council may require consultation with the public

prior to the implementation of certain water resources

development projects.

ARTICLE

86.

When

plans

and

specifications

of

a

hydraulic

structure

are

submitted

for approval, the

government agency whose functions embrace the type

of project for which the structure is intended, shall

review the plans and specifications and recommend to

the Council proper action thereon and the latter shall

approve the same only when they are in conformity with

the

requirements

of

this

Code

and

the

rules and

regulations

promulgated

by

the

Council.

Notwithstanding such approval, neither the engineer

who

drew

up

the

plans

and

specifications of the

hydraulic structure, nor the constructor who built it, shall

be relieved of his liability for damages in case of failure

thereof by reason of defect in plans and specifications, or

failure due to defect in construction, within ten (10) years

from the completion of the structure.

Any action to recover such damages must be brought

within five (5) years following such failure.

ARTICLE

87.

The

Council

or

its

duly

authorized

representatives,

in

the

exercise

of

its

power

to

investigate and decide cases brought to its cognizance,

shall have the power to administer oaths, compel the

attendance

of

witnesses

by

subpoena

and

the

production of relevant documents by subpoena duces

tecum.

Non-compliance or violation of such orders or subpoena

and subpoena duces tecum shall be punished in the

same manner as indirect contempt of an inferior court

upon application by the aggrieved party with the proper

Court of First Instance in accordance with the provisions

of Rule 71 of the Rules of Court.

ARTICLE 88. The Council shall have original jurisdiction

over all disputes relating to appropriation, utilization,

exploitation,

development,

control,

conservation and

protection of waters within the meaning and context of

the provisions of this Code.

The

decisions

of

the

Council

on

water

rights

controversies shall be immediately executory and the

enforcement thereof may be suspended only when a

bond, in an amount fixed by the Council to answer for

damages

occasioned

by

the

suspension or stay of

execution, shall have been filed by the appealing party,

unless the suspension is by virtue of an order of a

competent court.

All disputes shall be decided within sixty (60) days after

the parties submit the same for decision or resolution.

The Council shall have the power to issue writs of

execution and enforce its decisions with the assistance

of local or national police agencies.

ARTICLE 89. The decisions of the Council on water rights

controversies may be appealed to the Court of First

Instance of the province where the subject matter of the

controversy is situated within fifteen (15) days from the

date the party appealing receives a copy of the decision,

on any of the following grounds: (1) grave abuse of

discretion; (2) question of law; and (3) questions of fact

and law.

CHAPTER VIII Penal Provisions

ARTICLE 90. The following acts shall be penalized by

suspension or revocation of the violator’s water permit or

other right to the use of water and/or a fine of not

exceeding

One

Thousand

Pesos

(P1,000.00),

in

the

discretion of the Council:

a. Appropriation of subterranean or ground water for

domestic

use

by

an

overlying

landowner

without

registration required by the Council.

b. Non-observance of any standard of beneficial use of

water.

c. Failure of the appropriator to keep a record of water

withdrawal, when required.

d. Failure to comply with any of the terms or conditions

in a water permit or a water rights grant.

e. Unauthorized use of water for a purpose other than

that for which a right or permit was granted.

f.

Construction

or

repair

of

any

hydraulic work or

structure

without

duly

approved

plans

and

specifications, when required.

g. Failure to install a regulating and measuring device for

the control of the volume of water appropriated, when

required.

h. Unauthorized sale, lease, or transfer of water and/or

water rights.

i. Failure to provide adequate facilities to prevent or

control diseases when required by the Council in the

construction of any work for the storage, diversion,

distribution and utilization of water.

j. Drilling of a well without permission of the Council.

© 2018 Compiled by RGL

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