Water Law: Common Law Groundwater Law Drainage Law PD 1067, Water Code of The Philippines

WATER LAW
COMMON LAW
GROUNDWATER LAW
DRAINAGE LAW
PD 1067, WATER CODE OF THE
PHILIPPINES
COMMON
LAW
RIPARIAN RIGHTS
Riparian - relating to or situated on
the banks of river.
UNDER THE CONCEPT OF
RIPARIAN DOCTRINE:
THEDOCTRINE GIVES THE OWNER OF THE LAND
ADJACENT TO A STREAM THE RIGHT TO USE WATER
FROM THAT STREAM.
NOUPSTREAM OWNER MAY MATERIALLY LESSEN OR
INCREASE THE NATURAL FLOW OF A STREAM TO THE
DISADVANTAGE OF A DOWNSTREAM OWNER.
USE OF WATER FOR IRRIGATION MUST BE
REASONABLE IN RELATIONS TO THE REASONABLE
REQUIREMENTS OF THE OWNERS OF OTHER LANDS
RIPARIAN TO THE SAME WATERCOURSE.
THE RIPARIAN RIGHT IS PROPORTIONATE, NOT
EXCLUSIVE.
IF
PROPERTY IS SOLD, THE RIGHT IS AUTOMATICALLY
TRANSFERRED TO THE NEW OWNER. IF A PARCEL OF
RIPARIAN LAND IS DIVIDED, ANY SECTION NOT
ADJACENT TO THE STREAM LOSSES ITS RIPARIAN
STATUS UNLESS THE RIGHT IS SPECIFICALLY
PRESERVED IN THE CONVEYANCE.
GROUNDWATER
LAW
UNDER THIS GROUNDWATER
DOCTRINE:
OVERLYINGLANDOWNERS RETAIN THEIR RIGHTS TO
WATER UNDER THEIR PROPERTY, BUT THEY ARE NOT
PERMITTED TO USE MORE THAN THEY REALLY NEED
OR TO EXPORT THE WATER TO POINTS DISTANT FROM
THE SOURCE.
DRAINAGE LAW
ROMAN CIVIL LAW:
WHICHSPECIFIES THAT OWNERS OF HIGH LAND
(DOMINANT OWNER) ARE ENTITLED TO THE ADVANTAGE
THAT THIS ELEVATION GIVES THEM AND MAY
DISCHARGE THEIR DRAINAGE WATER ONTO LOWER
LAND THROUGHT NATURAL DEPRESSIONS AND
CHANNELS WITHOUT OBSTRUCTION BY LOWER, OR
SERVIENT, OWNERS.
A DOMINANT OWNER MAY ACCELERATE
THE FLOW OF SURFACE WATER BY
CONSTRUCTING DITCHES OR BY
IMPROVING NATURAL CHANNELS ON HIS
OR HER PROPERTY AND MAY INSTALL TILE
DRAINS.
HEOR SHE MAY NOT CARRY WATER
ACROSS A DRAINAGE DIVIDE AND
DISCHARGE IT ON LAND THAT WOULD NOT
HAVE RECEIVED THE WATER NATURALLY.
COMMON-ENEMY RULE
THEBASIC PRINCIPLE HERE IS

THAT WATER IS A COMMON
ENEMY OF ALL, AND
LANDOWNERS MAY PROTECT
THEMSELVES FROM WATER
FLOWING ONTO THEIR LAND
FROM A HIGHER ELEVATION.
UNDER THIS RULE, THE DOMINANT
LANDOWNER CANNOT CONSTRUCT
DRAINAGE WORKS THAT RESULT IN
DAMAGE TO THE PROPERTY OF A
SERVIENT OWNER WITHOUT FIRST
SECURING AN EASEMENT.
Drainage easementsare essential
for controlling water runoff.
Aneasementis a legal right to use
a parcel of land for a specific and
limited purpose. The purpose
ofdrainage easementsis the
orderly flow of water.
THE TREND IN DRAINAGE LAW
IS TOWARD
REASONABLENESS:
REASONABLE USE OF LAND
REASONABLEMODIFICATION OF THE
DRAINAGE PATTERN
REASONABLE CARE TO SEE THAT NEITHER
THE DOMINANT NOR THE SERVIENT
LANDOWNER SUFFERS UNREASONABLE
INJURY. THIS APPROACH PROVIDES
FLEXILIBILITY, BUT ITS AMBIGUITY OFTEN
TO LAWSUITS BETWEEN AMONG PARTIES.
MAJOR DRAINAGE PROJECTS ARE CONSTRUCTED
BY PUBLIC INSTITUTIONS SUCH AS COUNTIES,
CITIES, AND SPECIAL DISTRICTS.
THESE ENTITIES HAVE THE POWER OF
EMINENT DOMAIN TO CONDEMN PROPERTIES
(WITH PROPER COMPENSATION) FOR
DRAINAGE PUPOSES.
USUALLY THESE AGENCIES ENJOY
SOVEREIGN IMMUNITY, WHICH MEANS THEY
CANNOT BE SUED BY PRIVATE PARTIES AS
LONG AS THE DRAINAGE FACILITIES PROVIDE
A REASONABLE DEGREE OF PROTECTION.
What is the Power of Eminent
Domain?
The power of the state to
take private property for
public use with payment of
compensation to the owner.
THE WATER CODE OF THE PHILIPPINES
ACCORDING TO PD NO. 1067
IMPLEMENTING RULES AND
REGULATIONS
The Code covers underground water, water above

the ground, water in the atmosphere and the
waters of the sea within the territorial jurisdiction
of the Philippines.
APPROPRIATION OF WATERS
SECTION 1. WATER MAY BE APPROPRIATED FOR THE

FOLLOWING DESCENDING PURPOSES AND USES:
DOMESTIC
MUNICIPAL
IRRIGATION
POWER GENERATION
FISHERIES
LIVESTOCK RAISING
SECTION 2. WHEN
PERMIT/AUTHORITY FROM THE
NATIONAL WATER RESOURCES
BOARD MUST BE SECURED. AS
REQUIRED UNDER THE PROVISIONS
OF P. D. 1067, A
PERMIT/AUTHORITY SHALL BE
SECURED FROM THE BOARD IN THE
FOLLOWING INSTANCES:
APPROPRIATION OF WATER FOR ANY PURPOSE
STATED UNDER SECTION 1, EXCEPT FOR PURELY
DOMESTIC PURPOSE, PROVIDED THAT SUCH USE
SHALL BE REGISTERED WITH THE BOARD.
PURELY DOMESTIC PURPOSE AS USED IN THESE
RULES IS DEFINED AS THE USE OF WATER BY A
SINGLE HOUSEHOLD;
CHANGE IN PURPOSE OF THE APPROPRIATION;
AMENDMENT OF AN EXISTING PERMIT, SUCH
AS CHANGE IN POINT OR NATURE OF
DIVERSION, AMOUNT OF APPROPRIATION,
PERIOD OF USE, ETC;
TRANSFEROR LEASE OF WATER RIGHT, AS
EVIDENCED BY A WATER PERMIT;
TEMPORARY PERMIT TO APPROPRIATE AND
USE OF WATER;.
DEVELOPING A STREAM, LAKE OR SPRING FOR
RECREATIONAL PURPOSES;
LOWERINGOR RAISING THE LEVEL OF THE WATER
OF A LAKE, RIVER OR MARSH, OR DRAINING THE
SAME;
UMPINGOF MINE TAILINGS OR WASTES INTO A RIVER
OR A WATERWAY;
SUCH OTHER INSTANCES THAT WILL REQUIRE A
PERMIT AS DETERMINED BY THE BOARD.
IN THE FOLLOWING INSTANCES
THE GRANTING OF PERMIT
REQUIRED UNDER THE
PROVISIONS OF P.D. 1067, IS
DELEGATED BY THE BOARD TO THE
CORRESPONDING AGENCIES
INDICATED AND PERMIT
PERTAINING TO ANY OF THESE
INSTANCES SHALL BE SECURED
FROM SUCH AGENCY:
EXCAVATION
FOR THE EMISSION OF A HOT SPRING
DEPARTMENT OF ENERGY (DOE);
CLOUDSEEDING TO INDUCE RAINFALL SUBJECT TO
OTHER REQUIREMENTS BY THE BOARD IN
COORDINATION WITH PHILIPPINE ATMOSPHERIC
GEOPHYSICAL AND ASTRONOMICAL SERVICE
ADMINISTRATION (PAGASA).
RECHARGING GROUND WATER SUPPLIES
DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES (DENR)
SECTION3.
QUALIFICATION OF APPLICANTS
FOR PERMIT/AUTHORITY. ONLY
THE FOLLOWING MAY FILE AN
APPLICATION WITH THE BOARD
FOR PERMIT/AUTHORITY:
CITIZENS OF THE PHILIPPINES;
ASSOCIATIONS, DULY REGISTERED
COOPERATIVES OR CORPORATIONS
ORGANIZED UNDER THE LAWS OF THE
PHILIPPINES, AT LEAST 60 PERCENT OF THE
CAPITAL OF WHICH IS OWNED BY CITIZENS
OF THE PHILIPPINES;
GOVERNMENTENTITIES AND
INSTRUMENTALITIES, INCLUDING
GOVERNMENT- OWNED AND CONTROLLED
CORPORATIONS.
SECTION 4. PLACE OF FILING APPLICATIONS.
EXCEPT AS OTHERWISE PROVIDED IN THESE

RULES, APPLICATION FOR WATER PERMIT UNDER
SECTION 2 AND PERMITS TO DRILL SHALL BE FILED
DIRECTLY WITH THE BOARD OR ITS DEPUTIZED
AGENTS DESIGNATED BY THE BOARD IN THE
PROVINCE WHERE THE POINT OF DIVERSION OR
ABSTRACTION IS SITUATED IN THE CASE OF
APPROPRIATION OF WATERS OR WHERE THE
PROJECT IS LOCATED IN ALL OTHER CASES.

SECTION 5. FORM AND
REQUIREMENTS OF
APPLICATION. ALL
APPLICATIONS SHALL BE FILED
IN THE PRESCRIBED FORM,
SWORN TO BY THE APPLICANT
AND SUPPORTED BY THE
FOLLOWING:
PROOFOF LAND OWNERSHIP OF, LEGAL TITLE
TO, OR RIGHT TO USE, THE PROPERTY ON
WHICH THE WATER SOURCE IS SITUATED;
VICINITYMAP/LOCATION PLAN WITH SCALE
1:10,000 OR 1:50,000 SHOWING THE EXACT
LOCATION OF THE POINT OF DIVERSION.
SUBDIVISION PLAN. (IF APPLICABLE)
WELL DRILLING DATA (IN CASE OF EXISTING
GROUNDWATER SOURCE AUTHENTICATED BY THE
WELL DRILLER) INCLUDING PHYSICAL AND
CHEMICAL ANALYSIS OF WATER; AS WELL AS
BACTERIOLOGICAL ANALYSIS; AND
ENVIRONMENTAL COMPLIANCE CERTIFICATE (FOR
PROJECTS CONSIDERED AS ENVIRONMENTALLY
CRITICAL PROJECTS OR PROJECTS LOCATED IN
ENVIRONMENTALLY CRITICAL AREAS) OR
CERTIFICATE OF NON-COVERAGE FROM DENR
-REGIONAL OFFICE.
SUCH OTHER DOCUMENTS THAT MAY BE
REQUIRED BY THE BOARD.
SECTION 6. OTHER
REQUIREMENTS. IN
ADDITION TO THE
REQUIREMENTS UNDER
SECTION 5, THE FOLLOWING
ARE REQUIRED IN THE
SPECIFIC INSTANCES
INDICATED:
FORWELL DRILLING ALL APPLICATIONS
INVOLVING EXTRACTION OF GROUNDWATER
SHALL INCLUDE THE NAME OF A DULY
REGISTERED WELL DRILLER WHO WILL
UNDERTAKE THE DRILLING.
FORTRANSFER OF A WATER PERMIT A
VERIFIED PETITION FOR THE TRANSFER OF A
WATER PERMIT SHALL STATE THE REASONS FOR
THE TRANSFER AND SHALL ATTACH THE
CONTRACT OR AGREEMENT FOR THE TRANSFER.
FOR LEASE OF A WATER RIGHT A
VERIFIED PETITION FOR THE LEASE OF A
WATER PERMIT SHALL BE ACCOMPANIED
BY A DULY EXECUTED CONTRACT OF
LEASE, PROVIDED THAT NO CONTRACT
OF LEASE SHALL BE FOR A CONTINUOUS
PERIOD EXCEEDING FIVE (5) YEARS,
OTHERWISE THE CONTRACT SHALL BE
TREATED AS A TRANSFER OF PERMIT IN
FAVOR OF THE LESSEE.
SECTION 7. FILING FEE. A
FILING FEE, AS MAY BE FIXED
BY THE BOARD, SHALL BE
IMPOSED AND COLLECTED
FOR ALL APPLICATIONS AND
PETITIONS FILED WITH THE
BOARD, WHICH SHALL BE
PAID DIRECTLY TO THE BOARD
OR THRU ITS DULY
SECTION 8. WATER FEES OR
CHARGES.
EXCEPT WHEN THE
APPROPRIATION IS FOR PURELY
DOMESTIC PURPOSE AS DEFINED IN
SECTION 2 HEREOF, ALL
APPROPRIATORS SHALL PAY TO THE
BOARD WATER FEES OR CHARGES
FOR WATER RESOURCES
DEVELOPMENT AS REFLECTED IN

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WATER LAW

THEBASIC PRINCIPLE HERE IS

The Code covers underground water, water above

SECTION 1. WATER MAY BE APPROPRIATED FOR THE

EXCEPT AS OTHERWISE PROVIDED IN THESE

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