Reservation to Philippine Legislature the Disposition of Waters of Public Domain for Hydraulic Power

Act No. 4062Statutes

Act No. 4062, enacted on March 1, 1933, reserves the rights to utilize and develop hydraulic power from the waters of the public domain exclusively for the Philippine Government, barring special franchises approved by the Legislature. It allows exceptions for private or domestic use that is not intended for public sale, as well as for existing franchises prior to the Act's approval. Additionally, the Act does not restrict irrigation uses of certain streams deemed inappropriate for hydraulic power development by the Secretary of Public Works and Communications. It repeals any conflicting laws and takes effect immediately upon approval.

March 1, 1933

ACT NO. 4062

AN ACT TO RESERVE TO THE PHILIPPINE LEGISLATURE THE DISPOSITION OF THE WATERS OF THE PUBLIC DOMAIN FOR THE UTILIZATION AND DEVELOPMENT OF HYDRAULIC POWER

SECTION 1. Except by special franchise approved by the Philippine Legislature, no hydraulic power rights or franchises shall be granted on waters of the public domain to private persons, associations or corporations, such rights being reserved exclusively for Government which may utilize, develop, or otherwise dispose of same for the benefit of the public: Provided, however, That hydraulic power to be developed for private or domestic use and not for sale to the public and franchises or rights acquired prior to the approval of this Act shall be excepted from the provisions hereof: Provided, further, That nothing in this Act shall be understood as prohibiting or restricting the use for irrigation purposes in accordance with law, of such streams as may not be considered, in the opinion of the Secretary of Public Works and Communications, appropriate or necessary for the development of hydraulic power for public use. prcd

SECTION 2. All Acts or parts of Acts inconsistent herewith are hereby repealed.

SECTION 3. This Act shall take effect on its approval.

Approved: March 1, 1933