Resolution Approving and Adopting the Revisions on Section 5 to Section 14 of the Amended IRR of the Water Code of the Philippines

September 21, 2016

NWRB RESOLUTION NO. 09-0916

RESOLUTION APPROVING AND ADOPTING THE REVISIONS ON SECTION 5 TO SECTION 14 OF THE AMENDED IMPLEMENTING RULES AND REGULATIONS OF THE WATER CODE OF THE PHILIPPINES RELATIVE TO THE PROCESSING OF WATER PERMIT APPLICATIONS

The NATIONAL WATER RESOURCES BOARD ("the Board") a government institution, created and existing under Philippine laws, with office address at 8th Floor NIA Building, EDSA, Quezon City, states:

WHEREAS, the NWRB is mandated to administer and enforce the provisions of the Water Code of the Philippines ("the Water Code") and its Amended Implementing Rules and Regulations (IRR);

WHEREAS, the IRR of the Water Code was amended in 2005 per NWRB Res. No. 009-0305 issued on March 21, 2005;

WHEREAS, the amendment to the IRR is specifically for Section 5 to Section 14 on Water Permit Applications (WPAs);

WHEREAS, the purpose of the revisions on Section 5 to Section 14 of the Amended IRR is to streamline the processes in all government agencies, to reduce the requirements and processing time of all applications;

WHEREAS, the amendment of the IRR of the Water Code is a commitment of the NWRB under the Philippine Development Plan 2011-2016;

WHEREAS, the proposed revisions on Section 5 to Section 14 were posted at the NWRB Website to solicit views, comments, issues and other reactions;

WHEREAS, the proposed revisions on Section 5 to Section 14 of the Amended IRR of the Water Code were presented in various consultations with stakeholders;

WHEREAS, a one-day National Consultation was held on September 15, 2016 in Quezon City for the finalization of the proposed revisions.

NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, the Board on motion duly seconded, APPROVES and ADOPTS the revisions on Sections 5 to 14 of the Amended Implementing Rules and Regulations of the Water Code of the Philippines.

RESOLVED FURTHER, the revisions on Section 5 to Section 14 of the Amended Implementing Rules and Regulations of the Water Code of the Philippines shall be effective fifteen (15) days after its publication in a newspaper of national circulation. CAIHTE

RESOLVED FINALLY, a copy of the revisions on Section 5 to Section 14 of the Amended Implementing Rules and Regulations of the Water Code of the Philippines shall be furnished to the Office of the National Administrative Register, U.P. Law Center, in accordance with E.O. 292 dated July 25, 1987.

IN WITNESS WHEREOF, we have hereunto set our hands this 21st day of September 2016 in Quezon City, Philippines.

SEC. REGINA PAZ L. LOPEZ (DENR) Rep: Usec. Demetrio L. Ignacio, Jr.

(SGD.) SEC. ERNESTO M. PERNIA (NEDA)Rep: DDG Rolando G. Tungpalan

Members:

Signed by representativeRep: Asst. Chief State Counsel Ruben F. Fondevilla

Signed by representativeSEC. FORTUNATO T. DE LA PEÑA (DOST)Rep: Engr. Eduardo V. Manalili

(SGD.) DR. ROBERTO S. SORIANO (UP-NHRC)

ATTACHMENT

REVISED SECTIONS 5-14 OF THE AMENDED IMPLEMENTING

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:

A. Water Permit for Municipal Use

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) including Certificate of Cooperation, Department of Trade and Industry (DTI), Department of Labor and Employment (DOLE); 1

3. Conditional2 Certificate of Conformance from LWUA (for Water Districts only);

4. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 (NAMRIA map) showing the exact location and coordinates of the point of diversion;

5. Well Drilling Data (in case of existing groundwater source authenticated by the well driller), i.e., electric log, strata log, well design & pumping test or actual minimum mean discharge of the spring (for spring source);

6. Certificate of Potability3 from local health office including Physical and Chemical analysis of water (if water source is existing);

7. Sanggunian Resolution/Endorsement (for LGU-managed water supply facilities);

8. Environmental Compliance Certificate except for Levels I and II water system services;4 and

9. Such other documents that may be required by the Board.

B. Water Permit for Irrigation Use

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) including Certificate of Cooperation, Department of Trade and Industry (DTI), Department of Labor and Employment (DOLE);

3. Vicinity Map/Location Plan with scale 1:50,000 (NAMRIA map) showing the exact location and coordinates of the point of diversion;

4. General layout of the system, including delineation of area indicating hectarage for which water will be used and adjoining lands and their corresponding owners duly indicated relative to the point of diversion;

5. Well Drilling Data (in case of existing groundwater source authenticated by the well driller), i.e., electric log, strata log, well design & pumping test or actual minimum mean discharge of the spring (for spring source);

6. Environmental Compliance Certificate except for irrigation service area of less than 300 has. 5 and

7. Such other documents that may be required by the Board.

C. Water Permit for Power Generation

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) (including Certificate of Cooperation), Department of Trade and Industry (DTI); Department of Labor and Employment (DOLE); DETACa

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 (NAMRIA map) showing the exact location and coordinates of the point of diversion;

4. Pre-Feasibility Study with Hydrologic Study; 6

5. Environmental Compliance Certificate;

6. Hydropower Service Contract and/or Certificate of Registration from DOE (if already available); 7 and

7. Such other documents that may be required by the Board.

D. Water Permit for Fisheries

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) (including Certificate of Cooperation), Department of Trade and Industry (DTI), Department of Labor and Employment (DOLE);

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 (NAMRIA map) showing the exact location and coordinates of the point of diversion;

4. Brief Description of the project stating among others, how water will be used, amount of water needed, etc.;

5. Well Drilling Data (in case of existing groundwater source authenticated by the well driller), i.e., electric log, strata log, well design & pumping test or actual minimum mean discharge of the spring (for spring source);

6. Environmental Compliance Certificate;

7. Clearance from existing dam/reservoir operated by NIA, NPC and other government entities (for fisheries located upstream not within said existing dam/reservoir); and

8. Such other documents that may be required by the Board.

E. Water Permit for Livestock Raising

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) (including Certificate of Cooperation), Department of Trade and Industry (DTI), Department of Labor and Employment (DOLE);

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 (NAMRIA map) showing the exact location and coordinates of the point of diversion;

4. Well Drilling Data (in case of existing groundwater source authenticated by the well driller), i.e., electric log, strata log, well design & pumping test or actual minimum mean discharge of the spring (for spring source);

5. Brief Description of the project stating among others, how water will be used, amount of water needed, etc.;

6. Environmental Compliance Certificate; and

7. Such other documents that may be required by the Board.

F. Water Permit for Industrial Use

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) (including Certificate of Cooperation), Department of Trade and Industry (DTI), Department of Labor and Employment (DOLE);

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 (NAMRIA map) showing the exact location and coordinates of the point of diversion;

4. Brief Description of the project stating among others, how water will be used, amount of water needed, etc.;

5. Well Drilling Data (in case of existing groundwater source authenticated by the well driller), i.e., electric log, strata log, well design & pumping test or actual minimum mean discharge of the spring (for spring source);

6. Environmental Compliance Certificate; and

7. Such other documents that may be required by the Board.

G. Water Permit for Other Uses (Recreation, Commercial, Memorial Parks, Refilling Stations, etc.)

1. Proof of land ownership of, legal title to, or right to use, the property on which the water source is situated;

2. Certificate of Registration from relevant agencies, e.g., Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including latest General Information Sheet (GIS) indicating present capital structure stating the citizenship and the number of shares of each stockholder, Cooperative Development Authority (CDA) (including Certificate of Cooperation), Department of Trade and Industry (DTI), Department of Labor and Employment (DOLE); aDSIHc

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 (NAMRIA map) showing the exact location, and coordinates of the point of diversion;

4. Brief Description of the project stating among others, how water will be used, amount of water needed, etc.;

5. Well Drilling Data (in case of existing groundwater source authenticated by the well driller), i.e., electric log, strata log, well design & pumping test or Actual minimum mean discharge of the spring (for spring source);

6. Certificate of Potability from local health office (including Physical and Chemical Analysis of water for existing water source), if applicable;

7. Environmental Compliance Certificate except for refilling stations; 8 and

8. 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:

A. For Well Drilling — All applications involving extraction of groundwater shall include the name of a duly registered well driller who will undertake the drilling.

B. For Transfer 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.

C. 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.

D. For Amendment of Water Permit — A verified petition for the amendment of the water permit shall state the reasons for amendment.

E. For Bulk Water Supply — Memorandum of Agreement or Joint Venture Agreement between the private water supplier and the buyer with specific purpose on how the water will be used. 9

F. For Hydropower — Certificate of Registration from DOE, if not yet submitted.

 Environmental/Ecological Study and Sustainability Plan for applications requiring flow capacity of more than 80% dependable flow. 10

G. For WPAs Within Ancestral Domain — Free and Prior Informed Consent (FPIC)-Certification Precondition. 11

H. For Public lands such as forest lands, mineral lands, national parks/protected areas and the like — Special Land Use Permit (SLUP) or Special Forestland Use Agreement (FLAg), Foreshore Lease Contract (FLC), Mineral Production Sharing Agreement, Special Use Agreement in Protected Areas (SAPA) or PAMB Clearance/Resolution, as the case may be. 12

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 through its duly authorized collecting agents.

Section 8. Water Fees or Charges. — Except when the appropriation is for purely domestic purpose as defined in Section 2 (a) hereof, all appropriators shall pay to the Board water fees or charges for water resources development.

The Board may revise the said water fees or charges or impose special water rates as the need arises, taking into consideration, among others, the following:

a) Intended use of water;

b) Quantity/rate of water withdrawal vis-à-vis other users taking into account the water bearing potential of the source;

c) Environmental effects;

d) Extent to which water withdrawal will affect the source; and

e) Development cost of bringing water from the source.

The foregoing notwithstanding, the Board may decide to impose raw water charges based on the maximum volume of water that may be withdrawn using the facilities installed or on the actual volume withdrawn as reflected in the water abstraction meter in lieu of the existing water extraction charges.

Section 9. Processing, Posting and Sending of Notices of Applications.— Upon receipt of an application, the Board shall process the same to determine completeness of the requirements prescribed in Section 5 hereof. Once completed, and upon payment of the filing fee, notices of the application shall be posted in a conspicuous place in the office of the Board for a period of fifteen (15) days13 and send notices to the following offices for posting for the same period:

a) Barangay Chairman of the place where the point of diversion is located;

b) City or Municipal Secretary of the city or town where the point of diversion is located;

c) The Secretary of the Sangguniang Panlalawigan of the province where the point of diversion is located;

d) Department of Public Works and Highways (DPWH) District Engineer;

e) National Irrigation Administration (NIA) Irrigation Management Officer;

f) Department of Environment and Natural Resources (DENR) Regional Office;

g) Local Water District Office, if there is any;

h) Such other agencies as may be specified by the Board.

Notices of Water Permit Applications shall also be posted at the NWRB website.

Section 10. Action after Posting of Applications for Appropriation of Surface Waters. —

A. Investigation and Studies ETHIDa

After seven (7) days from the first day of posting of notice at the office where the application is filed, the office concerned shall determine:

1. The approximate seasonal discharge of the water sources;

2. The amount of water already appropriated for beneficial use;

3. The water requirement of the applicant as determined from standards of beneficial use prescribed by the Board;

4. Possible adverse effects on existing grantees/permittees or public/private interest including mitigating measures;

5. Environmental effects;

6. Whether the area to be irrigated can be integrated with that of an existing or proposed irrigators association for common irrigation facilities, if the purpose is for irrigation only;

7. Climate conditions and changes; and

8. Other relevant factors.

B. Protest on Applications — Any person who may be adversely affected by the proposed appropriation may file a verified protest with the Board within fifteen (15) days after the date of posting.

Protests to an application for water permit shall be governed by the rules prescribed for resolving water use controversies.

C. Action on Application

1. For applications filed directly with the Board

a. Upon receipt of an application for water permit, the Board shall process the same in accordance with Sections 9 & 10 hereof.

 The Application shall be endorsed to the District Engineering Office of the DPWH, the Irrigation Management Office of NIA or the DENR Regional Office14 in the area where the water source is located, for comments/investigation report which Office shall then forward its findings on the application, within fifteen (15) days from receipt of the endorsement.

b. If no protest on the application is filed within the prescribed period, the WPA shall be submitted to the Board for approval, provided all the requirements under these rules are complied with. In case of denied WPA's, the same shall be returned to the applicant without further action.

 If a protest has been filed within the prescribed period, a hearing will immediately be set in accordance with the rules and procedures herein provided. Unless restrained by a competent court, protests shall be immediately resolved within sixty (60) days from the date the protest/petition is submitted for resolution.

2. For applications filed with deputized agencies

 Within fifteen (15) days from the receipt of the applications, the deputized agency before which the application was filed shall transmit the application to the Board together with all the records and findings of facts and recommendation. Upon receipt of the records, the Board shall proceed to act on the application in accordance with Sections 9 &10 (c) (1) (b).

Section 11. Registration of Water Wells/Sources used for Single Household Purposes. — Households using a water source for single household purpose shall register the same with the Board. The Board may impose a reasonable amount for such registration.

In case of conflict involving any right on a well/source used for domestic purpose, the same shall be resolved in accordance with the provisions of the Local Government Code.

Section 12. Action after Posting of Notices for Appropriation of Groundwater. —

A. Permit to Drill — The application to appropriate groundwater shall be processed for adherence to requirements and shall be investigated in the field to determine any adverse effect to public or private interest. Protests on the application shall be governed by Section 10-B hereof. If the application meets the requirements and has been found not to be prejudicial to public or private interest, a permit to drill shall be issued by the Board subject to the following conditions:

1. Drilling operations shall be in accordance with the rules provided herein;

2. The rate of water withdrawal to be approved shall be determined after pumping tests and shall in no case exceed the rate stated in the application;

3. A permit to drill shall remain valid for six (6) months, unless a longer period is allowed by the Board for reasonable grounds; and

4. The permit to drill shall be regarded as a temporary permit, and the regular permit shall be issued after the rate of water withdrawal has been determined.

B. Result of Drilling Operations — A report on the result of the drilling operations shall be submitted to the Board within the 6-month period stated in the preceding section. The report shall include a description of each drilling site, the drilling log, the yield of the well and the assessment of the data obtained.

C. Investigation and Studies — Upon receipt of the report on drilling operations, the investigating office shall consider the proposed withdrawal of groundwater in relation to the following:

1. Safe yield of the source, reasonable or feasible pumping lift;

2. Beneficial use;

3. Adverse effects on existing lawful users of water or to public or private interest;

4. Effects on the environment;

5. Danger of contamination of aquifers, deterioration of water quality or salt water intrusion;

6. Adequacy of proposed well, works, plans and specifications towards meeting prescribed standards; and

7. Comments and/or recommendations of other agencies.

D. Final Action on Application — Within fifteen (15) days from receipt of the report of well drilling operations, the application shall be evaluated and submitted to the Board for its consideration if found in order. cSEDTC

Section 13.Board's Action. — The Board shall approve or disapprove applications for water permits within thirty (30) days after receipt of the recommendation of the Board Secretariat, unless a longer period is needed.

Approved applications shall be issued Conditional Water Permits15 subject to such conditions imposed therein. The CWP is valid for a period of one (1) year and may be extended for a period of six (6) months. However, CWPs issued for Hydropower purpose is valid for two (2) years but may be extended for a period not exceeding one (1) year. 16

The failure of the grantee to comply with the conditions of the CWP shall cause the automatic revocation of the issued CWP.

Disapproved applications shall be returned to applicants through the office where the same was filed within fifteen (15) days of such disapproval stating the reasons therefor.

Section 14. Water Permit. — Once the conditions in the CWP are complied with, a water permit shall be issued subject to such conditions as the Board may impose. Such permit must bear the seal of the Board and the signature of the Executive Director.

Footnotes

1. Some Certificates of Registration of Barangay Waterworks and Sanitation Association/Rural Waterworks and Sanitation Association (BWSA/RWSA) are issued by DOLE.

2. LWUA only issues Conditional Certificate of Conformance.

3. DOH requirement per Administrative Order No. 2007-0012 on the Philippine National Standards for Drinking Water 2007.

4. Revised Guidelines for Coverage Screening and Standardized Requirements under the Philippines EIS System based on the EMB Memorandum Circular 005 dated July 2014.

5.Ibid.

6. NWRB Resolution No. 03-0613 dated 14 June 2013.

7.Ibid.

8. Revised Guidelines for Coverage Screening and Standardized Requirements under the Philippines EIS System based on the EMB Memorandum Circular 005 dated July 2014.

9. NWRB Res. No. 003-0607 as amended dated 22 October 2008.

10. NWRB Policy Guidelines on Granting of Water Rights over Surface Water for Hydropower Projects dated 16 October 2013.

11. NCIP Administrative Order No. 3 series of 2012 dated 13 April 2012 (NCIP AO 3-2012).

12. Forestry Administrative Order 8-3 series of 1941 (FAO 8-3, s-1941) as amended; DENR Administrative Order (DAO) No. 2004-59. Rules and Regulations Governing the Special Uses of Forestlands (August 2004); DAO No. 99-34. Rules and regulations governing the administration, management and development of foreshore areas, marshy lands and other lands bordering bodies of water (Aug. 10, 1999); RA 7942 "The Philippine Mining Act of 1995"; DAO No. 2007-17. Rules and Regulations Governing Special Uses Within Protected Areas (July 25, 2007); DAO No. 2008-26. Revised IRR of RA No. 7586 of the National Integrated Protected Areas System (NIPAS) Act of 1992 (Dec. 24, 2008).

13. Posting period for Notices of WPAs reduced from 30 days to 15 days to streamline the WPA procedure.

14. DENR Rationalization Plan as per E.O. 366.

15. NWRB Res. No. 003-0607 as amended dated 22 October 2008.

16. NWRB Resolution No. 03-0613 dated 14 June 2013.