WATER CODE OF THE PHILIPPINES

PRESIDENTIAL DECREE NO. 1067 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
 WATERS
AS USED UNDER THE WATER CODE
• REFERS TO:
• 1. WATER UNDER THE GROUNDS;
• 2. WATER ABOVE THE GROUND;
• 3. WATER IN THE ATMOSPHERE; AND
• 4. THE WATERS OF THE SEA WITHIN THE TERRITORIAL JURISDICTION OF THE PHILIPPINES. (ART.
04)
 THE UNDERLYING PRINCIPLES OF THIS CODE

• (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 3)
 OWNERSHIP OF WATERS
• 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 5)
THE FOLLOWING WATERS FOUND ON PRIVATE LANDS BELONG TO THE STATE:
• (A) CONTINUOUS OR INTERMITTENT WATERS RISING ON SUCH LANDS;
• (B) LAKES AND LAGOONS NATURALLY OCCURING ON SUCH LANDS;
• (C) RAIN WATER FALLING ON SUCH LANDS;
• (D) SUBTERRANEAN OR GROUND WATERS; AND,
• (E) WATER IN SWAMPS AND MARSHES. (ARTICLE 06)
• 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 WHEN THERE IS WASTAGE, OR IN TIMES OF EMERGENCY.

• 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.
 APPROPRIATION OF WATER

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.
WATER MAY BE APPROPRIATED FOR THE FOLLOWING
PURPOSES
DIMPFLIRO
• DOMESTIC
• IRRIGIATION
• MUNICIPAL
• POWER GENERATION
• FISHERIES
• LIVESTOCK RAISING
• RECREATIONAL, AND
OTHER PURPOSES
 DOMESTIC

• THE UTILIZATION OF WATER FOR DRINKING, WASHING, BATHING, COOKING OR OTHER

HOUSEHOLD NEEDS, HOME GARDENS, AND WATERING OF LAWNS OR DOMESTIC ANIMALS.
 IRRIGATION

• THE UTILIZATION OF WATER FOR DRINKING, WASHING, BATHING, COOKING OR OTHER

HOUSEHOLD NEEDS, HOME GARDENS, AND WATERING OF LAWNS OR DOMESTIC ANIMALS.
 MUNICIPAL

• THE UTILIZATION OF WATER FOR SUPPLYING THE WATER REQUIREMENTS OF THE COMMUNITY.
 POWER GENERATION

• THE UTILIZATION OF WATER FOR PRODUCING ELECTRICAL OR MECHANICAL POWER.

 FISHERIES

• THE UTILIZATION OF WATER FOR THE PROPAGATION AND CULTURE OF FISH AS A

COMMERCIAL ENTERPRISE.
 LIVESTOCK

• THE UTILIZATION OF WATER FOR LARGE HERDS OR FLOCKS OF ANIMALS RAISED AS A

COMMERCIAL ENTERPRISE.
 INDUSTRIAL

• THE UTILIZATION OF WATER IN FACTORIES, INDUSTRIAL PLANTS AND MINES, INCLUDING THE
USE OF WATER AS AN INGREDIENT OF A FINISHED PRODUCT.
GENERAL RULE UNDER ART 13

• 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. (ART 13)

WATER PERMIT – IS THE DOCUMENT EVIDENCING THE

WATER RIGHT.
EXCEPTIONS
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 HANDCARRIED 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
NOTE: SUBJECT TO THE PROVISIONS OF THIS CODE CONCERNING THE CONTROL, PROTECTION,
CONSERVATION, AND REGULATION OF THE APPROPRIATION AND USE OF WATERS.
 WATER PERMIT

• 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.
 WHEN IS WATER RIGHT ACQUIRED?

1. THE DATE OF FILING OF THE APPLICATION FOR A WATER PERMIT IN CASE OF APPROVED
PERMITS, OR;
2. AS OF THE DATE OF ACTUAL USE IN A CASE WHERE NO PERMIT IS REQUIRED.
 CONDITIONS ON WATER PERMIT
• ARTICLE 18: ALL WATER PERMITS GRANTED SHALL BE SUBJECT TO CONDITIONS OF

1. BENEFICIAL USE

2. ADEQUATE STANDARDS OF DESIGN AND CONSTRUCTION

3. 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 POINTS OR POINTS OF DIVERSION OR LOCATION OF WELLS, THE PLACE OF USE, THE PURPOSES
OF WHICH WATER MAY BE USED AND SUCH OTHER REQUIREMENTS THE COUNCIL DEEMS DESIRABLE.
 BENEFICIAL USE
• 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.
• 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 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
 SUSPENSION OF WATER PERMIT
• ARTICLE 28: WATER PERMITS SHALL CONTINUE TO BE VALID AS LONG AS WATER IS BENEFICIALLY USED;
HOWEVER, IT MAY BE SUSPENDED ON THE GROUNDS OF:
• 1. NON-COMPLIANCE WITH APPROVED PLANS AND SPECIFICATIONS OR SCHEDULES OF WATER DISTRIBUTION;
• 2. USE OF WATER FOR A PURPOSE OTHER THAN THAT FOR WHICH IT WAS GRANTED;
• 3. NON-PAYMENT OF WATER CHARGES;
• 4. WASTAGE;
• 5. FAILURE TO KEEP RECORDS OF WATER DIVERSION, WHEN REQUIRED; AND
• 6. VIOLATION OF ANY TERM OR CONDITION OF ANY PERMIT OR
• 7. VIOLATION OF RULES AND REGULATIONS PROMULGATED BY THE COUNCIL.
• TEMPORARY PERMITS MAY BE ISSUED FOR THE APPROPRIATION AND USE OF WATER FOR SHORT PERIODS
UNDER SPECIAL CIRCUMSTANCES.
 REVOCATION OF PERMITS
• ARTICLE 29: WATER PERMITS MAY BE REVOKED AFTER DUE NOTICE AND HEARING ON GROUNDS OF:
• 1. NON-USE;
• 2. GROSS VIOLATION OF THE CONDITIONS IMPOSED IN THE PERMIT;
• 3. UNAUTHORIZED SALE OF WATER;
• 4. WILLFUL FAILURE OR REFUSAL TO COMPLY WITH RULES AND REGULATIONS OR ANY LAWFUL ORDER;
• 5. POLLUTION;
• 6. PUBLIC NUISANCE; OR
• 7. ACTS DETRIMENTAL TO PUBLIC HEALTH AND SAFETY;
• 8. WHEN THE APPROPRIATOR IS FOUND TO BE DISQUALIFIED UNDER THE LAW TO EXPLOIT AND DEVELOP NATURAL RESOURCES OF THE
PHILIPPINES;
• 9. WHEN, IN THE CASE OF IRRIGATION, THE LAND IS CONVERTED TO NON-AGRICULTURAL PURPOSES; AND
• 10. OTHER SIMILAR GROUNDS.
 RECREATIONAL PURPOSES

• 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.
 PUNISHABLE ACTS UNDER THE WATER CODE

ARTICLE 90
• (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.
• (K) UTILIZATION OF AN EXISTING WELL OR PONDING OR SPREADING OF WATER FOR RECHARGING SUBTERRANEAN
OR GROUND WATER SUPPLIES WITHOUT PERMISSION OF THE COUNCIL.
• (L) VIOLATION OF OR NON-COMPLIANCE WITH ANY ORDER, RULES, OR REGULATIONS OF THE COUNCIL.
• (M) ILLEGAL TAKING OR DIVERSION OF WATER IN AN OPEN CANAL, AQUEDUCT OR RESERVOIR.
• (N) MALICIOUS DESTRUCTION OF HYDRAULIC WORKS OR STRUCTURE VALUED AT NOT EXCEEDING P5,000.00
ARTICLE 91
• 1. APPROPRIATION OF WATER WITHOUT A WATER PERMIT, UNLESS SUCH PERSON IS EXPRESSLY
EXEMPTED FROM SECURING A PERMIT BY THE PROVISIONS OF THIS CODE.
• 2. UNAUTHORIZED OBSTRUCTION OF AN IRRIGATION CANAL.
• 3. CULTIVATION OF A RIVER BED, SAND BAR OR TIDAL FLAT WITHOUT PERMISSION.
• 4. MALICIOUS DESTRUCTION OF HYDRAULIC WORKS OR STRUCTURE VALUED AT NOT EXCEEDING
TWENTY-FIVE THOUSAND PESOS (P25,000.00).
(PUNISHABLE BY: A FINE OF NOT EXCEEDING THREE THOUSAND PESOS (P3,000.00) OR
IMPRISONMENT FOR NOT MORE THAN THREE (3) YEARS, OR BOTH SUCH FINE AND IMPRISONMENT)
• 1. DISTRIBUTION FOR PUBLIC CONSUMPTION OF WATER WHICH ADVERSELY AFFECTS THE HEALTH AND SAFETY OF THE PUBLIC.

• 2. EXCAVATION OR ENLARGEMENT OF THE OPENING OF A HOT SPRING WITHOUT PERMISSION.

• 3. UNAUTHORIZED OBSTRUCTION OF A RIVER OR WATERWAY, OR OCCUPANCY OF A RIVER BANK OR SEASHORE WITHOUT PERMISSION.

• 4. ESTABLISHMENT OF A CEMETERY OR A WASTE DISPOSAL AREA NEAR A SOURCE OF WATER SUPPLY OR RESERVOIR FOR DOMESTIC MUNICIPAL USE WITHOUT
PERMISSION.

• 5. CONSTRUCTING, WITHOUT PRIOR PERMISSION OF THE GOVERNMENT AGENCY CONCERNED, WORKS THAT PRODUCE DANGEROUS OR NOXIOUS SUBSTANCES, OR
PERFORMING ACTS THAT RESULT IN THE INTRODUCTION OF SEWAGE, INDUSTRIAL WASTE, OR ANY SUBSTANCE THAT POLLUTES A SOURCE OF WATER SUPPLY.

• 6. DUMPING MINE TAILINGS AND SEDIMENTS INTO RIVERS OF WATERWAYS WITHOUT PERMISSION.

• 7. MALICIOUS DESTRUCTION OF HYDRAULIC WORKS OR STRUCTURE VALUED MORE THAN TWENTY-FIVE THOUSAND PESOS (P25,000.00) BUT AT NOT EXCEEDING ONE
HUNDRED THOUSAND PESO (100,000.00).

(PUNISHABLE BY A FINE EXCEEDING THREE THOUSAND PESOS P3,000.00) BUT NOT MORE THAN SIX THOUSAND PESOS P6,000.00) OR IMPRISONMENT EXCEEDING THREE (3)
YEARS BUT NOT MORE THAN SIX (6) YEARS, OR BOTH SUCH FINE AND IMPRISONMENT)
• 1. MISREPRESENTATION OF CITIZENSHIP IN ORDER TO QUALIFY FOR WATER PERMIT.
• 2. MALICIOUS DESTRUCTION OF A HYDRAULIC WORKS OR STRUCTURE, VALUED AT MORE
THAN ONE HUNDRED THOUSAND PESOS (P100,000.00).
(PUNISHABLE BY A FINE EXCEEDING SIX THOUSAND PESOS (P6,000.00) BUT NOT MORE THAN
TEN THOUSAND PESOS (P10,000.00) OR IMPRISONMENT EXCEEDING SIX (6) YEARS BUT NOT
MORE THAN TWELVE (12) YEARS, OR BOTH SUCH FINE AND IMPRISONMENT)
 WHAT MAY BE PUNISHED BY OTHER LAWS?

• ARTICLE 60. THE RAFTING OF LOGS AND OTHER OBJECTS ON RIVERS AND LAKES WHICH ARE FLOTABLE 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 78. THE APPLICATION OF AGRICULTURAL FERTILIZERS AND PESTICIDES MAY BE PROHIBITED OR REGULATED BY
THE NATIONAL POLLUTION CONTROL COMMISSION IN THE AREAS WHERE SUCH APPLICATION MAY CAUSE
POLLUTION OF A SOURCE OF WATER SUPPLY
• ARTICLE 54. IN DECLARED FLOOD CONTROL AREAS, RULES AND REGULATIONS MAY BE PROMULGATED TO PROHIBIT
OR CONTROL ACTIVITIES THAT MAY DAMAGE OR CAUSE DETERIORATION OR LAKES AND DIKES, OBSTRUCT THE FLOW
OF WATER, CHANGE THE NATURAL FLOW OF THE RIVER, INCREASE FLOOD LOSSES OR AGGRAVATE FLOOD PROBLEMS.
• ARTICLE 67. ANY WATERSHED OR ANY AREA OF LAND ADJACENT TO ANY SURFACE WATER OR OVERLYING
ANY GROUND WATER MAY DECLARED BY THE DEPARTMENT OF NATURAL RESOURCES AS PROTECTED AREA
RULES AND REGULATIONS MAY BE PROMULGATED BY SUCH DEPARTMENT TO PROHIBIT OR CONTROL SUCH
ACTIVITIES BY THE OWNERS OR OCCUPANTS THEREOF WITHIN THE PROTECTED AREA WHICH MAY DAMAGE
OR CAUSE THE DETERIORATION OF THE SURFACE WATER OR GROUND WATER OR INTERFERE WITH THE
INVESTIGATION, USE, CONTROL, PROTECTION, MANAGEMENT OR ADMINISTRATION OF SUCH WATERS.
• 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.