THE WATER CODE OF THE PHILIPPINES c.

Natural lakes and lagoons;

Presidential Decree No. 1067 d. All other categories of surface waters such as:
 The Water Code of the Philippines (issued on 1. water flowing over lands;
Dec. 31, 1976); 2. water from rainfall whether natural, or artificial;
 The basic law governing the: and
1. Ownership 3. water from agriculture runoff, seepage and
2. Appropriation drainage;
3. Utilization e. Atmospheric water;
4. Exploitation f. Subterranean or ground waters; and
5. Development g. Seawater (Art. 5, PD No. 1067
6. Conservation
7. Protection WATERS FOUND ON PRIVATE LANDS THAT
of the water resources including the rights to BELONG TO THE STATE
land related thereto. a. Continuous or intermittent waters rising on
such lands;
OBJECTIVES of the Water Code b. Lakes and lagoons naturally occurring on such
a. To establish the basic principles and framework lands;
relating to the appropriation, control and c. Rain water falling on such lands;
conservation of water resource to achieve the d. Subterranean or ground waters; and
optimum development and rational utilization e. Waters in swamps and marshes.
of these resources.
b. To define the extent of the right and obligations NOTE:
of water users and owner including the 1. The OWNER of the land where the water is
protection and regulation of such rights; found may use the same for domestic purpose
c. To adopt a basic law governing the ownership, without securing a permit, provided that such
appropriation, utilization, exploitation use shall be registered, when required by the
development, conservation, and protection of Council (Art. 6, PD No. 1067);
water resources and rights to land related 2. Any person who captures or collects or collects
thereto; and water by means of (1) cisterns, (2) tanks, or (3)
d. To identify the administrative agencies which pools shall have exclusive control over such
will enforce the Code. (Art. 2, PD No. 1067) water and the right to dispose of the same (Art.
Underlying PRINCIPLES of the Water Code 7, PD No. 1067);
a. ALL waters BELONG to the STATE; 3. Water legally appropriated shall be subject to
b. ALL waters that belong to the State CANNOT BE the control of the appropriator from the
the subject to ACQUISITIVE PRESCRIPTION; moment it reaches the appropriator’s canal or
c. The State MAY ALLOW the USE or aqueduct leading to the place where the water
DEVELOPMENT of waters by ADMINISTRATIVE will be used or stored and, thereafter, so long as
CONCESSION; it is being beneficially used for the purposes for
d. The UTILIZATION, EXPLOITATION, which it was appropriated (Art. 8, PD No. 1067)
DEVELOPMENT, CONSERVATION, AND
PROTECTIION of water resources shall be APPROPRIATION OF WATER
subject to the CONTROL and REGULATION of  It is the:
the government through the NATIONAL WATER a. The acquisition of rights over the use of waters;
RESOURCES COUNCIL (Council); or
e. Preference in the use and development of b. The taking or diverting of waters from a natural
waters shall consider current usages and be source in the manner and for any purpose
responsive to the changing needs of the allowed by law. (Art. 9, PD No. 1067)
country. (Art. 3, PD No. 1067)
WATERS – as used in the Water Code, refers to (1) Water may be appropriated for the following purposes:
water under the ground, (2) water above the ground,
(3) water in the atmosphere and the waters of the sea a. Domestic - the utilization of water for drinking,
within the territorial jurisdiction of the Philippines. washing, bathing, cooking or other household
(Art.4, PD No. 1067) needs, home gardens, and watering of lawns or
domestic animals.
WATERS THAT BELONG TO THE STATE b. Municipal - the utilization of water for
a. Rivers and their natural beds; supplying the water requirements of the
b. Continuous or intermittent waters of springs community.
and brooks running in their natural beds and c. Irrigation - the utilization of water for producing
the beds themselves; agricultural crops.
 d. Power generation - the utilization of water for All water permits granted shall be subject to conditions
producing electrical or mechanical power. of beneficial use, adequate standards of design and
e. Fisheries - the utilization of water for the construction, and such other terms and conditions as
propagation and culture of fish as a commercial may be imposed by the Council.
enterprise.
f. Livestock Raising - the utilization of water for Such permits shall specify the maximum amount of
large herds or flocks of animals raised as a water which may be diverted or withdrawn, the
commercial enterprise. maximum rate of diversion or withdrawal, the time or
g. Industrial - the utilization of water in factories, times during the year when water may be diverted or
industrial plants and mines, including the use of withdrawn, the point or points of diversion or location
water as an ingredient of a finished product. of wells, the place of use, the purposes for which water
h. Recreational - the utilization of water for may be used and such other requirements the Council
swimming pools, bath houses, boating, water deems desirable. (Art. 18, PD No. 1067)
skiing, golf courses and other similar facilities in
resorts and other places of recreation. Water rights may be leased or transferred in whole or
i. Other purposes in part to another person with prior approval of the
Council, after due notice and hearing. (Art. 19, PD No.
(General Rule) 1067)
“Except as otherwise herein provided, no person,
including government instrumentalities or government The measure and limit of appropriation of water shall
owned or controlled corporations, shall appropriate be beneficial use. (Art. 20, PD No. 1067)
water without a water right, which shall be evidenced
by a document known as a water permit.” Beneficial use of water - is the utilization of water in the
right amount during the period that the water is needed
Water right - is the privilege granted by the government for producing the benefits for which the water is
to appropriate and use water. appropriated.

Water permit – is the document evidencing the water A holder of a water permit may demand the
right. establishment of easements necessary for the
construction and maintenance of the works and
Under the Code, any person may appropriate or use
facilities needed for the beneficial use of the waters to
natural bodies of water without securing a water permit
be appropriated subject to the requirements of just
for any of the following:
compensation and to the following conditions:
a. Appropriation of water by means of hand-
carried receptacles; and
a. That he is the owner, lessee, mortgagee or one
b. Bathing or washing, watering or dipping of
having real right over the land upon which he proposes
domestic or farm animals, and navigation of
to use water; and
watercrafts or transportation of logs and other
objects by flotation.
b. That the proposed easement is the most convenient
and the least onerous to the servient estate.
Application for Appropriation of Waters
1. Applicants must file an application for a water
Easements relating to the appropriation and use of
permit with the NWRB.
waters may be modified by agreement of the
Council’s consideration in determining
contracting parties provided the same is not contrary to
whether to grant or deny the application for
law or prejudicial to third persons. (Art. 25, PD No.
water permit:
1067)
a. Protests filed, if any;
b. Prior permits granted;
Water permits shall continue to be valid as long as
c. The availability of water;
water is beneficially used; however, it may be
d. The water supply needed for beneficial use;
suspended on the grounds of:
e. Possible adverse effects;
f. Land-use economics; and
a) Non-compliance with approved plans and
g. Other relevant factors (Art. 16, PD No.
specifications or schedules of water
1067)
distribution;
2. Application must be made known to the public
b) Use of water for a purpose other than that for
for any protests.
which it was granted;
3.
c) Non-payment of water charges;
Upon approval of an application, a water permit shall be
d) Wastage;
issued and recorded.
 e) Failure to keep records of water diversion, and other structures across of which may interfere with
when required; and the flow of navigable or floatable waterways shall first
f) Violation of any term or condition of any permit be secured from the Department of Public Works,
or Transportation and Communications. (Art. 38, PD No.
g) Violation of rules and regulations promulgated 1067)
by the Council.
 Except in cases of emergency to save life or
Temporary permits may be issued for the appropriation property, the construction or repair of the
and use of water for short periods under special following works shall be undertaken only after
circumstances. (Art. 28, PD No. 1067) the plans and specifications therefor, as may be
required by the Council, are approved by the
Water permits may be revoked after due notice and proper government agency;
hearing on grounds of: a) Dams for the diversion or storage of water;
b) Structures for the use of water power,
a) Non-use; c) Installations for the utilization of subterranean or
b) Gross violation of the conditions imposed in the ground water and
permit; d) Other structures for utilization of water resources.
c) Unauthorized sale of water; (Art. 39, PD No. 1067)
d) Willful failure or refusal to comply with rules
and regulations or any lawful order  Drainage systems shall be so constructed that
e) Pollution, their outlets are rivers, lakes, the sea, natural
f) Public nuisance or bodies of water, or such other water course as
g) Acts detrimental to public health and safety; may be approved by the proper government
h) When the appropriator is found to be agency. (Art. 44, PD No. 1067)
disqualified under the law to exploit and  When artificial means are employed to drain
develop natural resources of the Philippines water from higher to lower land, the owner of
i) When, in the case of irrigation, the land is the higher land shall select the routes and
converted to non-agricultural purposes; and methods of drainage that will cause the
j) Other similar grounds. minimum damage to the lower lands, subject to
(Art. 29, PD No. 1067) the requirements of just compensation. (Art.
46, PD No. 1067)
Considerations as to the Utilization of Waters  When the use, conveyance or storage of waters
 Preference in the development of water results in damage to another, the person
resources shall consider the: responsible for the damage shall pay
a. Security of the State; compensation. (Art. 47, PD No. 1067)
b. Multiple use;  Lower estates are obliged to receive the waters
c. Beneficial effects; which naturally and without the intervention of
d. Adverse effects; and man flow from the higher estates, as well as the
e. Costs of development (Art. 31, PD No. 1067) stone or earth which they carry with them. (Art.
50, PD No. 1067)
Control area is an area of land where subterranean or  The banks of rivers and streams and the shores
ground water and surface water are so interrelated that of the seas and lakes throughout their entire
withdrawal and use in one similarly affects the other. length and within a zone of
The boundary of a control area may be altered from a) Three (3) meters in urban areas,
time to time, as circumstances warrant. (Art. 32, PD No. b) Twenty (20) meters in agricultural areas and
1067) c) Forty (40) meters in forest areas,
 Water contained in open canals, aqueducts or
reservoirs of private persons may be used by - Along their margins, are subject to
any person for domestic purpose or for themeasement of public use in the interest of
watering plants. (Art. 33, PD No. 1067) recreation, navigation, floatage, fishing and salvage. No
 Works for the storage, diversion, distribution person shall be allowed to stay in this zone longer than
and utilization of water resources shall contain what is necessary for recreation, navigation, floatage,
adequate provision for the prevention and fishing or salvage or to build structures of any kind. (Art.
control of diseases. (Art. 35, PD No. 1067 51, PD No. 1067)
 When the reuse of waste water is feasible, it
shall be limited as much as possible, to such Control of Waters
uses other than direct human consumption.  To promote the best interest and the
(Art. 36, PD No. 1067) coordinated protection of flood plain lands, the
 Authority for the construction of dams, bridges
 Secretary of Public Works, Transportation and drainage operation and development. (Art. 74,
Communications may declare flood control PD No. 1067)
areas and promulgate guidelines for governing flood  No person shall, without prior permission from
plain management plans in these areas. (Art. 53, PD No. the National Pollution Control Commission,
1067) build any works that may produce dangerous or
 The government may construct necessary flood noxious substances or perform any act which
control structures in declared flood control may result in the introduction of sewage,
areas, and for this purpose it shall have a legal industrial waste, or any pollutant into any
easement as wide as may be needed along and source of water supply.
adjacent to the river bank and outside the bed
or channel of the river. (Art. 55, PD No. 1067) Water pollution is the impairment of the quality of
 River beds, sand bars and tidal flats may not be water beyond a certain standard. This standard may
cultivated except upon prior permission from vary according to the use of the water and shall be set
the Secretary of the Department of Public by the National PollutionControl Commission. (Art. 75,
Works, Transportation and Communication and PD No. 1067)
such permission shall not be granted where
such cultivation obstructs the flow of water or  The application of agricultural fertilizers and
increase flood levels so as to cause damage to pesticides may be prohibited or regulated by
other areas. (Art. 56, PD No. 1067) the National Pollution Control Commission in
 The impounding of water in ponds or reservoirs the areas where such application may cause
may be prohibited by the Council upon pollution of a source of water supply. (Art. 78,
consultation with the Department of Health if it PD No. 1067)
is dangerous to public health, or it may order 
that such pond or reservoir be drained if such is Administration of Waters and Enforcement of the
necessary for the protection of public health. Provisions of This Code
(Art. 61, PD No. 1067)  The Council shall provide a continuing program
for data collection, research and manpower
Conservation and Protection of Waters and development needed for the appropriation,
Watersheds and Related Land Resources utilization, exploitation, conservation, and
 After due notice and hearing when warranted protection of the water resources of the
by circumstances, minimum stream flows for country. (Art. 81, PD No. 1067)
rivers and streams, and minimum water levels  In the implementation of the provisions of this
for lakes may be established by the Council Code, the Council shall promulgate the
under such conditions as may be necessary for necessary rules and regulations which may
the protection of the environment, control of provide for penalties consisting of a fine not
pollution, navigation, prevention of salt exceeding One Thousand Pesos (P1,000.00)
damage, and general public use. (Art. 66, PD No. and/or suspension or revocation of the water
1067) permit or other right to the use of water.
 Any watershed or any area of land adjacent to Violations of such rules and regulations may be
any surface water or overlying any ground administratively dealt with by the Council.
water may be declared by the Department of
Natural Resources as protected area. Rules and Such rules and regulations shall take effect fifteen (15)
regulations may be promulgated by such days after publication in newspapers of general
Department to prohibit or control such activities circulation.
by the owners or occupants thereof within the
protected area which may damage or cause the Rules and regulations prescribed by any government
deterioration of the surface water or ground agency that pertain to the utilization, exploitation,
water or interfere with the investigation, use, development, control, conservation, or protection of
control, protection, management or water resources shall, if the Council so requires, be
administration of such waters. (Art. 67, PD No. subject to its approval. (Art. 82, PD No. 1067)
1067)
 No person shall utilize an existing well or pond  The Council is hereby authorized to impose and
or spread waters for recharging subterranean or collect reasonable fees or charges for water resources
ground water supplies without prior permission development from water appropriators, except when it
of the Council. (Art. 70, PD No. 1067) is for purely domestic purposes. (Art. 83, PD No. 1067)
 Swamps and marshes which are owned by the
State and which have primary value for
waterfowl propagation or other wildlife
purposes may be reserved and protected from
Penalties for Violators of the Water Code of the 4. Malicious destruction of hydraulic works or
Philippines structure valued at not exceeding Twenty-Five
 The following acts shall be penalized by Thousand Pesos (P25,000.00).
suspension or revocation of the violator’s water
permit or other right to the use of water and/or B. A fine exceeding Three Thousand Pesos (P3,000.00)
a fine of not exceeding One Thousand Pesos but not more than Six Thousand Pesos (P6,000.00) or
(P1,000.00), in the discretion of the Council: imprisonment exceeding three (3) years but not more
a) Appropriation of subterranean or ground water than six (6) years, or both such fine and imprisonment
for domestic use by an overlying landowner in the discretion of the Court, shall be imposed on any
without registration required by the Council. person who commits any of the following acts:
b) Non-observance of any standard of beneficial 1. Distribution for public consumption of water
use of water. which adversely affects the health and safety of
c) Failure of the appropriator to keep a record of the public.
water withdrawal, when required. 2. Excavation or enlargement of the opening of a
d) Failure to comply with any of the terms or hot spring without permission.
conditions in a water permit or a water rights 3. Unauthorized obstruction of a river or
grant. waterway, or occupancy of a river bank or
e) Unauthorized use of water for a purpose other seashore without permission.
than that for which a right or permit was 4. Establishment of a cemetery or a waste disposal
granted. area near a source of water supply or reservoir
f) Construction or repair of any hydraulic work or for domestic municipal use without permission.
structure without duly approved plans and 5. Constructing, without prior permission of the
specifications, when required. government agency concerned, works that
g) Failure to install a regulating and measuring produce dangerous or noxious substances, or
device for the control of the volume of water performing acts that result in the introduction
appropriated, when required. of sewage, industrial waste, or any substance
h) Unauthorized sale, lease, or transfer of water that pollutes a source of water supply.
and/or water rights. 6. Dumping mine tailings and sediments into rivers
i) Failure to provide adequate facilities to prevent or waterways without permission.
or control diseases when required by the 7. Malicious destruction of hydraulic works or
Council in the construction of any work for the structure valued at more than Twenty-Five
storage, diversion, distribution and utilization of Thousand Pesos (P25,000.00) but not exceeding
water. One Hundred Thousand Pesos (P100,000.00).
j) Drilling of a well without permission of the
Council. C. A fine exceeding Six Thousand Pesos (P6,000.00) but
k) Utilization of an existing well or ponding or not more than Ten Thousand Pesos (P10,000.00) or
spreading of water for recharging subterranean imprisonment exceeding six (6) years but not more than
or ground water supplies without permission of twelve (12) years, or both such fine and imprisonment,
the Council. in the discretion of the Court, shall be imposed upon
l) Violation of or non-compliance with any order, any person who commits any of the following acts:
rules, or regulations of the Council. 1. Misrepresentation of citizenship in order to
m) Illegal taking or diversion of water in an open qualify for water permit.
canal, aqueduct or reservoir. 2. Malicious destruction of hydraulic works or
n) Malicious destruction of hydraulic works or structure, valued at more than One Hundred
structures valued at not exceeding P5,000.00. Thousand Pesos (P100,000.00). (Art. 91, PD No.
(Art. 90, PD No. 1067) 1067)

A. A fine of not exceeding Three Thousand Pesos  If the offense is committed by a corporation,
(P3,000.00) or imprisonment for not more than three trust, firm, partnership, association or any other
(3) years, or both such fine and imprisonment, in the juridical person, the penalty shall be imposed
discretion of the Court, shall be imposed upon any upon the President, General Manager, and
person who commits any of the following acts: other guilty officer or officers of such
1. Appropriation of water without a water permit, corporation, trust, firm, partnership, association
unless such person is expressly exempted from or entity, without prejudice to the filing of a civil
securing a permit by the provisions of this Code. action against said juridical person. If the
2. Unauthorized obstruction of an irrigation canal. offender is an alien, he shall be deported after
3. Cultivation of a river bed, sand bar or tidal flat serving his sentence, without further
without permission. proceedings.
After final judgment of conviction, the Court upon
petition of the prosecution attorney in the same
proceedings, and after due hearing, may, when the
public interest so requires, order the suspension or
dissolution of such corporation, trust, firm, partnership,
association or juridical person. (Art. 92, PD No. 1067)
 Actions for offenses punishable under this Code
by a fine of not more than Three Thousand
Pesos (P3,000.00) or by an imprisonment of not
more than three (3) years, or both such fine and
imprisonment, shall prescribe in five (5) years;
those punishable by a fine exceeding Three
Thousand Pesos (P3,000.00) but not more than
Six Thousand Pesos (P6,000.00) or an
imprisonment exceeding three (3) years but not
more than six (6) years, or both such fine and
imprisonment, shall prescribe in seven (7) years;
and those punishable by a fine exceeding Six
Thousand Pesos (P6,000.00) but not more than
Ten Thousand Pesos (P10,000.00) or an
imprisonment exceeding six (6) years but not
more than twelve (12) years, or both such fine
and imprisonment, shall prescribe in ten (10)
years. (Art. 94, PD No. 1067)