The Water Code of the Philippines sought to revise and consolidate the laws governing ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources. Its objectives (Article 2) include, among others, to define the extent of the rights and obligations of water users and owners including the protection and regulation of such rights; to adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land; and to identify the administrative agencies which will enforce this Code.
The nature of water rights may be drawn from the five “underlying principles” enumerated in Article 3:
a) all waters belong to the State;
b) all waters that belong to the State cannot be the subject of 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 (NWRC);
e) preference in the use and development of waters shall consider current usage and be responsive to the changing needs of the country.
At present, there are numerous government agencies involved in water governance in the Philippines regulating aspects such as watershed protection, water quality management, water utilities, etc. However, it is the National Water Resources Board (NWRB), formerly known as the National Water Resources Council (NWRC), which is the primary government agency tasked with the overall management of the water resources in the Philippines. Its functions and responsibilities are three-fold: policy formulation and coordination of programs and standards relating to the water sector; management and regulation of all water-related activities; and finally, regulation and monitoring of water utilities. As the regulator of water resources, the NWRB performs the following functions:
· Issue/suspend/revoke/approve transfer of water permits for the appropriation and use of waters;
· Declare waters not previously appropriated exempt from appropriation;
· Promulgate rules and declare the existence of control areas for the coordinated development, protection, and utilization of ground and surface waters;
· Establish minimum stream flows for rivers and streams and minimum water levels for lakes as may be necessary for the protection of the environment, control of pollution, navigation, prevention of salt damage, and general public use;
· Issue permits for development of streams, lakes or springs for recreational purposes;
· Issue permits for drilling of wells;
· Issue rules and regulations for reservoir operations;
· Approve transfer of water from one river basin to another;
· Coordinate data collection, research and manpower development;
· Impose penalties for administrative violations;
· Impose and collect reasonable fees or charges for water resource development;
· Approve rules and regulations prescribed by other government agencies pertaining to the utilization, exploitation, development, control, conservation or protection of water resources;
· Adjudicate all disputes relating to appropriation, utilization, exploitation, development, control, conservation and protection of water
In carrying out its functions, the NWRB has deputized agents which perform tasks related to hydraulic and meteorologic data; flooding areas and inland waterways; lakes and marshes; watersheds; water supply and sewerage; and, water accounting within watersheds. Among the deputized agents are the district engineering offices of the Department of Public Works and Highways; the Provincial Engineering Offices of the National Irrigation Administration; the regional managers of the National Power Corporation; and general managers of water districts.
Sources:
0 comments: