Rules and Regulations Implementing LLDA B.R. No. 2007-338 Re: Monitoring System for Extraction of Lake Waters

August 20, 2008

LLDA BOARD RESOLUTION NO. 362-08

APPROVING THE IMPLEMENTING RULES AND REGULATIONS IMPLEMENTING LLDA B.R. NO. 2007-338, DECLARING THE ESTABLISHMENT AND OPERATION OF WATER PERMITTING, REGISTRATION AND MONITORING SYSTEM FOR THE EXTRACTION OF THE LAKE WATERS OF LAGUNA DE BAY AND OTHER BODIES OF WATERS WITHIN THE LAGUNA DE BAY REGION AND FOR OTHER PURPOSES

WHEREAS, on September 27, 2007, Board Resolution No. 338 was approved to declare the establishment and operationalization of water permitting, registration and monitoring system for the extraction of the lake waters of Laguna de Bay and other bodies of water within the internal administration and organizational and operational set-up of this Authority;

WHEREAS, the General Manager was authorized to formulate, prescribe, amend and repeal such guidelines, rules and regulations necessary to carry-out and govern the purpose/s and provisions of Board Resolution No. 338 with authority to impose and collect such fees and charges and exact such administrative fines, penalties and sanctions for violations thereof;

NOW, THEREFORE, for and in consideration of above premises, BE IT RESOLVED, as it is hereby RESOLVED, to approve the Implementing Rules and Regulations Implementing LLDA Board Resolution No. 2007-338, Declaring the Establishment and Operation of Water Permitting, Registration and Monitoring System for the Extraction of the Lake Waters of Laguna de Bay and Other Bodies of Waters within the Laguna de Bay Region and for Other Purposes (Annex A).

APPROVED on August 20, 2008. HSEcTC

 

ELEAZAR P. QUINTO(Alternate of Sec. Jose L. Atienza, Jr.)

 

(SGD.) MELVIN A. MATIBAGDirector

 

(SGD.) AUGUSTO B. SANTOSDirector

 

(SGD.) MERLY M. CRUZDirector

 

(SGD.) CORAZON BAUTISTA-CRUZ, PhD.Director

 

(SGD.) ANGELITO S. LAZARO, JR.Director

 

(SGD.) CASIMIRO A. YNARES III, M.D.Director

 

(SGD.) GUILLERMO D.L. ACERODirector

 

(SGD.) EDGARDO C. MANDADirector

ATTESTED BY:

 

(SGD.) ATTY. JOAQUIN G. MENDOZABoard Secretary V

ANNEX A

 

IMPLEMENTING RULES AND REGULATIONS

 

IMPLEMENTING LLDA B.R. NO. 2007-338, DECLARING THE ESTABLISHMENT AND OPERATION OF WATER PERMITTING, REGISTRATION AND MONITORING SYSTEM FOR THE EXTRACTION OF THE LAKE WATERS OF LAGUNA DE BAY AND OTHER BODIES OF WATERS WITHIN THE LAGUNA DE BAY REGION AND FOR OTHER PURPOSES

Pursuant to Republic Act No. 4850, as amended, vesting upon the Laguna Lake Development Authority (LLDA) the power to exercise water rights over public waters within the Laguna de Bay Region and LLDA Board Resolution No. 2007-338, Declaring the Establishment and Operation of Water Permitting, Registration and Monitoring System for the Extraction of the Lake Waters of Laguna de Bay and Other Bodies of Waters within the Laguna de Bay Region and for other Purposes, the following rules and regulations are hereby promulgated:

RULE I

Appropriation and Utilization of Surface Waters

SECTION 1. Definition, Use and Sources of Surface Water. — Surface Water may be defined as all water that are naturally open to the atmosphere such as rivers, lakes, reservoirs, ponds, streams, impoundments, seas, estuaries, etc. including the natural outflow of ground water from ditch or spring.

Surface water may be appropriated for the following descending purposes and uses:

a. Domestic

b. Municipal

c. Irrigation

d. Power generation

e. Fisheries

f. Poultry and Livestock raising

g. Industrial

h. Recreational, and

i. Other purposes

Use of surface water for domestic purposes is the utilization of surface water directly drawn from a source by a household for drinking, washing, bathing, cooking, watering of gardens or animals and other domestic uses.

Use of surface water for municipal purposes is the utilization of surface water for supplying the water requirements of a community, whether by piped or bulk distribution for domestic use, direct consumption, the drawer or abstractor of which being the national government, its subsidiary agencies, local government units, private persons, cooperatives or corporations.

Use of surface water for irrigation is the utilization of surface water for producing agricultural crops.

Use of surface water for power generation is the utilization of surface water for producing electrical or mechanical power.

Use of surface water for fisheries is the utilization of surface water for the propagation and culture of fish as a commercial enterprise or any other aquaculture ventures.

Use of surface water for poultry and livestock raising is the utilization of surface water for large herds or flocks of animals raised as a commercial enterprise.

Use of surface water for industrial purposes is the utilization of surface water in factories, industrial plants and mines including the use of surface water as an ingredient of a finished product.

Use of surface water for recreational purposes is the utilization of surface water for swimming pools, bathhouses, boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation.

For purposes of the aforementioned use, surface water may be sourced from the following: rivers, lakes, reservoirs, ponds, streams, impoundments, canals, etc. including the natural outflow of ground water from ditch or spring.

SECTION 2. Coverage. — When Permit/Authority from the LLDA Must be Secured. — This IRR shall cover all activities for using, extracting and generating surface waters for any of the purposes mentioned in Section 1 hereof.

As required under the provisions of R.A. No. 4850, as amended, a permit/authority shall be secured from the LLDA in the following instances:

a) Appropriation of water for any purpose stated under Section 1, except for "Purely Domestic purpose", provided that such use shall be registered with the LLDA. "Purely domestic purpose" as used in these rules is defined as the use of water by a single household consuming not more than 250 liters of water per day per person;

b) Change in purpose of the appropriation;

c) Amendment of an existing permit, such as change in point or nature of diversion, amount of appropriation, period of use, etc.;

d) Transfer or lease of water right, as evidenced by a water permit;

e) Temporary permit to appropriate and use of water;

f) Developing a stream, lake or spring for recreational purposes;

g) Lowering or raising the level of the water of a lake, river or marsh, or draining the same;

h) Trans basin diversion;

i) Dumping of mine tailings or wastes into a river or a waterway;

j) Such other instances that will require a permit as determined by the LLDA.

In the following instances, the granting of permit required under the provisions of R.A. No. 4850, as amended, is referred by the LLDA to the corresponding agencies of the national government as specified below and the permit pertinent thereto shall be secured from such agency:

a) Excavation for the emission of a hot spring — Department of Energy (DOE);

b) Cloud seeding to induce rainfall — subject to other requirements by the LLDA in coordination with Philippine Atmospheric Geophysical and Astronomical Service Administration (PAGASA); cEISAD

c) Recharging ground water supplies — Department of Environment and Natural Resources (DENR).

This is without prejudice on the part of the LLDA to impose further requirements/restrictions whenever necessary.

SECTION 3. Qualification of Applicants for Permit/Authority. — Only the following may file an application with the LLDA for permit/authority:

a) Citizens of the Philippines;

b) Associations, duly registered cooperatives or corporations organized under the laws of the Philippines, at least 60 percent of the capital of which is owned by citizens of the Philippines;

c) Government entities and instrumentalities, including government-owned and controlled corporations.

SECTION 4. Place of Filing Applications. — Except as otherwise provided in these rules, application for surface water permit under Section 2 shall be filed directly with the LLDA or its deputized agents designated by the LLDA in the place where the point of diversion or abstraction is situated in the case of appropriation of waters or where the project is located in all other cases.

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 Domestic Use

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

2. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the exact location of the point of diversion;

3. Water Permit from the National Water Resources Board (in case of existing groundwater source); and

4. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage.

B. Water Permit for Municipal Use

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder;

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

4. Certificate of Registration (if Barangay Waterworks Association, Rural Waterworks and Sanitation Association); 

5. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the exact location of the point of diversion;

6. Subdivision Plan (if applicable);

7. Water Permit from the NWRB (in case of existing groundwater source); DCIAST

8. Endorsement from the Sangguniang Bayan and Panlalawigan/Regional Development Council endorsement (for LGU-managed water supply facilities);

9. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage;

10. Such other documents that may be required by the LLDA.

C. Water Permit for Irrigation Use

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder;

3. Vicinity Map/Location Plan with scale 1:50,000 showing the exact location 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. Water Permit from the NWRB (in case of existing groundwater source);

6. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage; and

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

D. Water Permit for Power Generation

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder;

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

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

5. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage; and

6. Initial Permit from DOE pursuant to R.A. No. 7156;

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

E. Water Permit for Fisheries DTcHaA

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder;

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the exact location 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. Clearance from Lake Management Division, LLDA, in cases within the watersheds of Laguna Lake;

6. Water Permit from the NWRB (in case of existing groundwater source);

7. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage;

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

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

F. Water Permit for Poultry/Livestock Raising

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder;

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

4. Water Permit from the NWRB (in case of existing groundwater source);

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

6. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage; and

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

G. Water Permit for Industrial Use

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder; acHTIC

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the exact location 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. Water Permit from the NWRB (in case of existing groundwater source);

6. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage; and

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

H. Water Permit for Other Uses (Recreation, Commercial, Memorial Parks, Environmental, etc.)

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

2. Certificate of Registration from relevant agencies i.e., Department of Trade and Industry (DTI), Cooperative and Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretary's Certification on present capital structure stating the citizenship and the number of shares of each stockholder;

3. Vicinity Map/Location Plan with scale 1:10,000 or 1:50,000 showing the exact location 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. Water Permit from the NWRB (in case of existing groundwater source);

6. Certificate of Potability (including Physical and Chemical Analysis of water); (if applicable);

7. Environmental Compliance Certificate (for projects considered as Environmentally Critical Projects or projects located in Environmentally Critical Areas) or Certificate of Non-Coverage;

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

SECTION 6. Other Requirements. — In addition to the requirements under Section 5, the following are required in the specific instances indicated:

A. For Transfer of a Water Permit — A verified petition for the transfer of a water permit stating the reasons for the transfer together with the contract or agreement for the transfer.

B. 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.

SECTION 7. Filing Fee. — A filing fee, as may be fixed by the LLDA, shall be imposed and collected for all applications and petitions filed with the LLDA, which shall be paid directly to the LLDA or thru 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 LLDA surface water fees or charges for water resources development based on the approved NWRB 2005 fees and charges, pending the LLDA's study on raw water resource fee scheme for different types of users/uses of surface waters. TICDSc

The LLDA 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 LLDA may decide to impose surface 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/Petitions. — Upon receipt of an application or a petition, the LLDA 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/petition shall be posted in a conspicuous place in the office of the LLDA for a period of thirty (30) days. The LLDA shall also send notices to the following offices for posting in conspicuous places 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) DPWH District Engineer or NIA Provincial Irrigation Officer as the case may be.

Copies of the notice of application shall, likewise, be furnished to concerned Regional Offices of the Department of Public Works and Highways, National Irrigation Administration, National Power Corporation, Department of Environment and Natural Resources, and Local Water District Office, if there is one and such other agencies as may be specified by the LLDA.

SECTION 10. Action After Posting of Notices for Appropriation of Surface Waters. —

A. Investigation and Studies

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 LLDA/NWRB;

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

5. Environmental effects;

6. Land-use economics;

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

8. Climate conditions and changes;

9. 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 LLDA through its Public Hearing Committee within thirty (30) days after the last day of posting of Notice.

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 LLDA

a. Upon receipt of an application for surface water permit, the LLDA shall process the same in accordance with Section 9 hereof.

 The LLDA shall then require interested parties including the concerned water district, private water company or franchisee, or registered irrigation association, company or cooperative to comment on the application within fifteen (15) working days from receipt of a copy of the water permit application which shall be furnished by the LLDA.

b. If no protest or comment on the application is filed within the prescribed period, the LLDA shall immediately decide to approve or deny the permit within sixty (60) days from the date of application provided all the requirements under these rules are complied with.

 If a protest has been filed within the above period, a hearing should 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 of submission for resolution. AEIcSa

2. Other applications

 In cases of application for irrigation, the report shall be coursed by the NIA Regional Director to the LLDA.

 In cases of application for hydraulic power, the DPWH Regional Director shall transmit the application and all the records to the National Power Corporation Central Office, which shall forward the same to the LLDA with its comments and recommendations within thirty (30) days from receipt thereof.

SECTION 11. LLDA's Action. — The LLDA shall approve or disapprove applications for surface water permits within thirty (30) days, unless a longer period is needed for the disposition of protests.

Failure to claim any approved water permit within six (6) months from notice of its approval by the LLDA shall cause the automatic revocation of the approved water permit.

SECTION 12. Water Permit. — Approved applications shall be issued water permits subject to such conditions as the LLDA may impose. Such permit must bear the seal of the Office of the General Manager, LLDA and the signature of the General Manager. 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 13. Conditions in Permits. — Surface water permits issued by the LLDA shall be subject to such terms, restrictions and limitations as it may deem proper to impose, and including any, or all of the following conditions:

a) Within one (1) year from the receipt of the permit, the applicant shall submit to the LLDA for approval, the plans and specifications for the diversion works, pump structure, water measuring device, and other required structures, and the implementing schedules of construction for private sector projects. No construction work or private sector projects shall commence until the plans, specifications and implementing schedules are duly approved. When the diversion dam is temporary and less than two (2) meters high, the submission of plans for the dam may not be required.

b) The construction of the necessary structures and diversion works shall begin within ninety (90) days from the date of receipt of the approved plans, specifications and implementing schedules and shall be completed within the approved schedule unless extended by the LLDA for valid or justifiable reasons, provided, that water shall not be diverted, pumped or withdrawn until after such structures and works shall have been inspected and approved by the LLDA, unless otherwise allowed. Except in cases of emergency to save life or property or repairs in accordance with the plans originally approved, the alteration or repair of these structures shall not be undertaken without the approval of the LLDA.

c) The right of a permittee to the amount of water allowed in the permit is only to the portion or extent that he can use beneficially for the purpose stated therein. The diversion of the water shall be from the source and only for the purpose indicated in the permit. In no case should the said use exceed the quantity and period indicated therein. In gravity diversions, regulating gates of the canal shall be closed when water is not needed.

d) The LLDA may, after due notice and hearing, reduce the quantity of water or adopt a system of apportionment, distribution, or rotation thereof, subject to payment of compensation in proper cases, to serve the interest of the public.

e) The LLDA may, after due notice and hearing, revoke the permit in favor of projects for greater beneficial use or for multi-purpose development, subject to compensation in proper cases.

f) The LLDA shall revoke or suspend the permit if the permittee violates effluent/water quality standards as determined by the Department of Environment and Natural Resources.

g) Non-use of the water for the purpose stipulated in the permit for a period of three (3) consecutive years from date of issuance or completion of diversion works and necessary structures, shall render said permit null and void, except as the LLDA may otherwise allow for reasons beyond the control of the permittee.

SECTION 14. Periodic and Final Inspection of Project. — The LLDA, in coordination with its deputized agents who investigated the application/petition, may conduct inspection of the project during their construction, alteration, or repair or upon completion thereof to ascertain whether or not they are in accordance with approved plans and specifications.

A report of the inspection shall be submitted to the LLDA by the deputized agents within ten (10) days from the date of inspection.

SECTION 15. Notice of Completed Structures/Diversion Works. — The permittee shall inform the LLDA or its deputy concerned, that the necessary structures and diversion works required have been completed in accordance with approved plans and specifications.

SECTION 16. Inspection of Works. — Inspection of the premises shall be conducted by the LLDA or its deputized agents to determine compliance with the conditions imposed in the permit and such other order, rule or regulation that the LLDA may issue.

SECTION 17. Certificate of Compliance. — The LLDA shall issue a certificate of compliance to the permittee/grantee after being satisfied that the construction of the necessary structures in connection with the water permit have been duly complied with. Such certificate shall bear the signature and seal of the General Manager.

SECTION 18. Revocation of Permit. — Any permit issued pursuant to the rules may be revoked by the LLDA, after due notice and hearing, for any of the grounds provided herein or in the Water Code.

SECTION 19. Recurrent Water Shortage. — For purpose of Articles 22 and 26 of the Water Code, recurrent water shortage shall mean the natural diminution of water in a source of supply to a volume or rate of flow insufficient to meet the water requirements of all legal appropriators. ADaSEH

To prevent recurrent water shortage, the LLDA shall instruct the concerned appropriators to develop other source/s of water. In such case, the LLDA may recommend to the President to fast track the development of the identified source/s. Pending the development of the identified source/s, the LLDA may recommend to the President, necessary measures to augment/optimize the water supply to satisfy the demand, including the possible declaration of a water shortage or crisis. 

SECTION 20. Basic Diversion Requirements for Irrigation Use. — Except when otherwise justified by the type of irrigation system, soil conditions, kind of crop, topography and other factors, water permits for irrigation use shall be granted on the basis of not exceeding 1.5 liters per second per hectare of land to be irrigated.

SECTION 21. Construction/Repair of Other Structures. — Apart from the structures required under Section 13 (b), and except in cases of emergency to save life or property or repairs in accordance with plans previously approved, the construction or repair of the following structures shall be undertaken only after the plans and specifications therefore are approved by the Administrator of the National Irrigation Administration when the structure is for an irrigation project, or by the Secretary of the Department of Public Works and Highways or appropriate local government units in all other cases enumerated hereunder:

a) Off-stream water impounding structures except earth-fill embankments less than ten (10) meters high from the natural ground surface;

b) Barrages across natural waterways except temporary dams for irrigation less than two (2) meters high from the stream bed; and

c) Dikes, levees, revetments, bulkheads, piers, breakwaters and other similar structures or devices that affect the direction or level of materials in rivers, creeks and lakes.

Other structures not included in the above enumeration shall be approved by the proper government agencies as may be designated by the LLDA.

The approving officials shall prescribe the procedure for filing, processing and approval of the plans and specifications. Structures required in water permits shall be approved as prescribed under Section 13 hereof.

SECTION 22. Establishment of Easements. — Actions for the establishment of easements under Article 25 of the Water Code shall be governed by the Rules of Court.

SECTION 23. Establishment of Control Areas. — When the LLDA deems it necessary to declare a control area, it shall publish the same in three (3) newspapers of general circulation setting forth the purpose for the declaration, the geographic limits of the control areas, and the regulations necessary to achieve its objectives.

SECTION 24. Coordinated Use of Waters in Control Areas. — In control areas so declared for the coordinated development, protection and utilization of ground and surface waters, the appropriation of surface water shall, in general, have preference over that of groundwater and, except as otherwise allowed by the LLDA, a permit for the appropriation of groundwater issued by the NWRB is valid only to the extent that it does not prejudice any surface water supply.

SECTION 25. Registration of Wells in Control Areas. — In declared control areas, all wells without water permits from the NWRB, including those for domestic use, shall be registered with the LLDA within two (2) years from the declaration. Otherwise any claim to a right on a well is considered waived and use of water therefrom shall be allowed only after a water permit is secured in accordance with Rule 1 of the Water Code.

SECTION 26. Temporary Permits. — The LLDA may grant temporary permits for the appropriation and use of water in situations such as the following: HaDEIc

a) Irrigation of an area pending the construction of a larger system to be operated either by the government or by any irrigation association which will serve said area. Such permit shall automatically expire when water becomes available for the area from the larger system. In cases where the supply from the larger system is not adequate, the permit may be modified accordingly;

b) When there is need to use water for municipal purposes in emergency situations pending the availability of an alternative source of supply as provided in Article 22 of the Code;

c) For special research projects requiring the use of water for certain periods of time;

d) For temporary use of water needed for the construction of roads, dikes, buildings and other infrastructures; and

e) When there are unforeseen delays in the approval of the application and appropriation of water is necessary pending the issuance of a water permit, unless the application is protested.

Temporary permits shall be granted by the LLDA on a case-to-case basis specifying the conditions under and the period within which the permit is valid. The LLDA may delegate the issuance of temporary permits for a period of not exceeding six (6) months and a quantity of not more than 200 liters per second.

RULE II

Control, Conservation and Protection of Waters, Watersheds and Related Land Resources

SECTION 27. Watershed Management, Protection and Rehabilitation. — All appropriate agencies involved in watershed management shall undertake watershed conservation, protection and rehabilitation and shall adopt appropriate soil and water conservation, and protection measures to safeguard the hydrological integrity of watersheds and help sustain the protection of water for various purposes and uses. (i.e., DENR/FMB, BSWM, LGUs, WD, private sector, etc.)

SECTION 28. Prohibited Construction on Navigable or Floatable Waterways. — Except when allowed under these rules, the LLDA, in coordination with the DPWH, DILG or appropriate government agency or local government unit the removal of dams, dikes, or any structure or works or devices that encroach into any public navigable or floatable rivers, streams, coastal waters, waterways, bodies of water, or obstruct or impede the free passage of water or cause inundation.

The rules and regulations of the Philippine Coast Guards pertaining to navigation shall be suppletory to these rules. Rivers and streams may be declared by the LLDA as navigable in whole or in part upon recommendation of the DPWH.

SECTION 29. Determination of Easements. — For purposes of Article 51 of the Water Code and without prejudice to Section 41 of Republic Act No. 4850, as amended, all easements of public use prescribed for the banks or rivers and the shores of seas shall be reckoned from the line reached by the highest flood which does not cause inundation or the highest equinoctial tide whichever is higher.

Any construction or structure that encroaches into such easement shall be ordered removed or cause to be removed by the LLDA in coordination with DPWH, LGU or appropriate government agency or local government unit.

SECTION 30. When Permit/Authority from the Department of Public Works and Highways is Required. — A permit/authority shall be secured from the Department of Public Works and Highways in the following instances:

a) Construction of dams, bridges and other structures in navigable or floatable waterways;

b) Cultivation of river beds, sand bars and tidal flats upon clearance from LLDA;

c) Construction of private levees, revetments and other flood control and river training works; and DcAEIS

d) Restoration of river courses to former beds.

SECTION 31. Place of Filing Applications of Permit/Authority. — Applications for permit/authority under the next preceding section may be filed with the Department of Public Works and Highways District Engineering Office in the province where the project is to be undertaken.

SECTION 32. Form and Contents of Applications. — All applications shall be filed in a prescribed form sworn to by the applicant and supported by the following:

A. For Cultivation of River Beds, Sand Bars and Tidal Flats

1) Location plan showing the river bed, delineation of the area to be cultivated, the adjoining areas and the corresponding lessees/permittees; and

2) Information showing the crops to be planted and the cropping period.

B. For Private Flood Control Works

1) Location plan showing the river channel, proposed control works and existing works, if any, in the vicinity;

2) Cross-sections of the river channel in the site;

3) Plans and specifications of control structures;

4) Construction schedule; and

5) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives.

C. For Restoration of River Courses to Former Beds

1) Affidavits of two disinterested persons attesting to the circumstances of the changes in the course of the river or stream, including the date when such change occurred;

2) Certified copies of the cadastral plans and technical description of the lots affected by the river or stream, showing the former course to which the river will be restored;

3) A recent survey map of the area affected undertaken by a licensed geodetic engineer indicating the present river course as well as the old cadastral stream boundaries;

4) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives; and

5) Scheme and schedule of restoration.

D. For Construction of Dams, Bridges, and Other Structures in Navigable or Floatable Waterways

1) Vicinity map and location plan showing the river and the proposed structure;

2) Cross-section of the structure with cross-section of the river at the location of the structure showing minimum water level, maximum flood level without structure, and maximum flood level with structure;

3) Plan showing extent of maximum flooded area without structure and maximum flooded area with structure;

4) Schemes and details of provisions for passage of watercraft;

5) Construction schedule; and

6) Articles of Incorporation or Articles of Partnership in case applicant is a private corporation or partnership, or Certificate of Registration in case of cooperatives. AacDHE

SECTION 33. Action on Application. — In relation to Section 30, the DPWH District Engineer shall investigate each application filed with the District's Engineering Office, and if necessary, conduct public hearings thereon and shall transmit his report and recommendation to the DPWH Regional Director who, after proper review, shall transmit the application with its supporting documents and recommendations to the DPWH Secretary for appropriate action. 

SECTION 34. Limitation on Permits to Cultivate River Beds, Sand Bars and Tidal Flats. — A permit to cultivate river beds, sand bars and tidal flats shall be non-transferable and shall not be construed as authorizing reclamation of the area covered by the permit, or as conferring upon the permittee a right of ownership thereof by acquisitive prescription.

SECTION 35. Construction and Completion of Work. — The construction of private flood control works and dams, bridges and other structures in navigable rivers or streams shall be undertaken within the approved construction schedule; otherwise, the permit shall automatically be cancelled unless a longer period is allowed.

Work for the restoration of a river or stream to its former bed shall be commenced within two (2) years from the date of change in the course of the river or stream and completed within one (1) year from start of construction.

SECTION 36. Storage and Rafting of Logs. — The LLDA or through its deputies, may prohibit or control the rafting or storage of logs and other objects on rivers, streams, lakes when:

a) It causes pollution of waters used for domestic municipal purposes; and

b) It causes danger to structures such as those for irrigation, power and flood control.

SECTION 37. Prohibitions and Requirements on Water Impoundment. — The LLDA shall, upon recommendation of the Department of Health, prohibit the impounding of water in ponds or reservoirs when:

a) The water is found to contain excessive pollutants;

b) It will degrade its quality;

c) Public health is endangered; and

d) Such other similar situations.

Existing ponds or reservoirs falling under the aforementioned cases shall be ordered drained by the LLDA or controlled by other approved methods.

SECTION 38. Reservoir Operations. — Owners or persons in control of a reservoir shall submit to the LLDA the proposed reservoir operation rule curve together with all pertinent data for approval which shall be followed except during periods of extreme drought and when public interest so requires, wherein the LLDA may change the operation during the period after due notice and hearing.

The LLDA shall review periodically or whenever necessary the rule curve for possible revisions.

A rule curve is a diagram showing the minimum water level requirement in the reservoir at a specific time to meet the particular needs for which the reservoir is designed.

Furthermore anyone who operates a reservoir shall submit to the LLDA his plan for handling maximum discharges with a view to avoiding damage to life and property.

SECTION 39. Employment of Engineer in Dam Operations. — All operators of storage dams exceeding 10 meters high or overflow dams exceeding 2 meters high from the stream bed shall make arrangements for the periodic inspection of said structures and its operating equipment by a registered engineer (civil/structural/dam).

A multipartite monitoring team shall be formed to monitor activities such as status/conditions of dam structure for the purpose of identifying conditions which may adversely affect the safety of the structures in giving advice to the operator on the proper maintenance and operation thereof. DTAaCE

SECTION 40. Minimum Stream Flows and Water Levels. — When the LLDA deems it necessary to establish minimum stream flows for rivers and streams as provided under Article 66 of the Code, it shall notify the public through newspapers that a public hearing shall be conducted for such purpose. In the conduct of the hearing, the following shall be considered:

a) Adverse effects on legal appropriators;

b) Priorities that may be altered on the basis of greater beneficial use and/or multi-purpose use;

c) Protection of the environment, control of pollution, navigation, prevention of salt water damage and general public use; and

d) Other factors relevant to the situation.

In general, the LLDA shall consider the following criteria in the establishment of minimum stream flows of rivers and streams and minimum water levels of lakes:

a) Without prejudice to Section 41 of Republic Act No. 4850, as amended, the minimum stream flow for water quality and environmental protection purposes shall be estimated based on the threshold concentration of pollutant and environmental requirements in cooperation with the DENR.

b) For navigation purposes, the minimum flow or water level to be provided shall be such that the resulting stream flow or water level shall remain navigable to the existing vessels that ply the river or lake;

c) For fish conservation, consideration shall be made such that the resulting streamflow or lake level will not adversely affect the existing fish habitat. The minimum flow/water level to be provided shall be determined by the LLDA in consultation with BFAR.

d) In any case the minimum requirement shall be the observed or estimated absolute minimum stream flow or lake level.

SECTION 41. Protection of Water Supply Sources. — No person shall discharge into any source of water supply any domestic sewage, industrial waste, or pollutant not meeting the effluent standards set by the Department of Environment and Natural Resources.

SECTION 42. Mine Tailings Disposal. — Water discharged with mine tailings or wastes shall not contain minerals or other substances injurious to man, animal, aquatic life, agriculture or vegetation in concentrations exceeding the maximum prescribed by the Department of Environment and Natural Resources.

Tailing dams, ponds or similar control structures located along the river beds whenever required shall be strong enough to withstand the forces in the river during typhoons and flash floods.

Mine operators shall undertake appropriate erosion control measures in their mining areas to minimize the amount of sediments therein that will be carried to river systems.

SECTION 43. Complaint on Drainage System Construction. — Any complaint pertaining to the construction of a drainage system under the provisions of Article 44 of the Water Code shall be treated under Rule III thereof.

RULE III

Administration and Enforcement

SECTION 44. General Guidelines for Water Resources Development Projects/Programs. — As a general rule, water resources project/program, may be implemented if it is in accordance with the national socio-economic development goals and objectives or necessary for the national security or protection of life and property. Any project/program involving the appropriation of water shall be directed towards the optimum single and/or multi-purpose utilization thereof. Whenever practicable, projects shall be conceived and viewed according to multi-purpose water resources planning concepts within the area unit of a river basin. In the case of small-scale water development projects not readily covered by large-scale water development projects, development planning of the latter shall proceed alongside the implementation of the former.

SECTION 45. Specific Guidelines. — The size and time phase of projects/programs shall satisfy appropriate socio-economic indicators, more particularly the benefit-cost and/or cost-effectiveness criteria, their supplementary and complementary roles to the projects/program of other government sectoral plans, and their ecological effects.

SECTION 46. Water Resources Projects/Programs by Government Sector. — Government water resources and related projects/programs shall, prior to its implementation, be submitted by the proponent agencies to the LLDA for evaluation and approval in accordance with the above guidelines. If necessary, the LLDA may refer the matter to NEDA Board's Investment Coordination Committee (ICC) and other concerned agencies for comment.

SECTION 47. Water Resources Projects/Programs by Private Sector. — Any private interested party may propose any water resources project to the LLDA or through appropriate government agencies who shall forward the same to the LLDA with their comments. The LLDA, before approving the project, may, if necessary, refer or consult with other appropriate government agencies.

SECTION 48. Requirements of Water Resources Projects/Programs. — Project/program proposals shall contain indicators of socio-economic justification, relationship to the National Development Plan, impact statement on the sector's project/program supports and complement, regional impact statement, environmental impact statement, and such as other information as the LLDA may require, including the submission of a project study or pre-feasibility study for that matter. Projects, such as artesian wells, spring development and barangay waterworks for purely domestic and municipal use, and such other small-scale projects as the LLDA may determine, shall be exempted from this requirement.

SECTION 49. Resolution of Conflict Arising from Project. — Any conflict involving the use of water that may arise from the project/program proposal shall be resolved on the basis of national/regional priority and needs, e.g., need for power generation in multipurpose project shall be reckoned on the quantity and time of such need on a grid basis rather than on a single project basis alone.

Any conflict which adversely affects a particular segment of society, group of individuals or small community, may be resolved after a public hearing/consultation has been conducted by the LLDA or its proper deputies.

SECTION 50. Deputies. — The LLDA may appoint a deputy for each or a combination of the following functional areas related to water resources:

a) hydrologic and meteorologic data;

b) flooding areas and inland waterways;

c) lakes and marshes;

d) watersheds;

e) water supply and sewerage;

f) water accounting within watersheds;

g) other water resources activities.

Each deputy shall gather and organize data in accordance with their assigned functions for submission to the LLDA. The LLDA shall determine the frequency and type of data to be gathered.

SECTION 51. Information Assessment. — The LLDA shall collate and analyze technical data. It shall also develop an indexing system for all its publications indicating the date published, water resource basin involved, basic environmental indicator, and such other related indices. 

Studies based on data retrieved from and/or submitted by the deputies may be undertaken by any party provided that he shall furnish the LLDA the result of such studies.

The LLDA shall undertake a study of the manpower requirements of a water resource sector which may be considered in setting up and implementing appropriate manpower development measures. IAEcCT

It shall also establish a position classification system for employment purposes in coordination with water-oriented agencies and the Compensation and Position Classification Board.

The LLDA shall initiate and undertake studies of water consumption patterns along the different purposes provided in the Code particularly that of industry.

SECTION 52. Agents. — The LLDA may appoint agents to perform specific functions such as investigation of water permit applications, water rights controversies and other activities as it may assign.

SECTION 53. Committee on Arbitration. — The LLDA may create and authorize a Committee on Arbitration for purposes of determining the rate of just compensation in instances provided under the Water Code. Such committee shall be composed of the LLDA who must be a professional technical man as Chairman, the Provincial/City Assessor and the Provincial/City Development Officer of the province/city where the subject premises is situated together with the representative of each of the parties involved, as members.

The Committee shall take action on any claim referred to it by the LLDA for evaluation and submit report thereon within thirty (30) days from receipt of notice of formation of the Committee unless a longer period is required, in which case extension may be granted upon authority of the LLDA.

SECTION 54. Review and Approval of Rules and Regulations Involving Water. — Rules and regulations issued by other government agencies involving policies on the utilization, exploitation, development, control, conservation or protection of water resources in Laguna de Bay Region shall be reviewed and approved by the LLDA, unless the charter of such agency provides that the same shall be approved by the President, in which case the proposed rules shall first be referred to the LLDA for comment.

SECTION 55. Agreements Involving Water. — Any agreement involving the use of water for irrigation, hydropower, industrial, domestic and municipal water supply shall, in all cases, be subject to review and approval of the LLDA. In the review of such agreements, the LLDA may consult the parties and other government agencies concerned.

SECTION 56. Disposition of Funds Collected. — All income of the LLDA from fees and charges shall form part of the LLDA funds and be devoted for watershed management.

RULE IV

Procedure in Conflict Resolution

SECTION 57. Parties in Water Use Conflicts/Controversies. — The complaining party shall be referred to as Complainant/Protestant and the party against whom the complaint is filed shall be referred to as Respondent/Protestee.

SECTION 58. Complaints. — All complaints, including appeals on any judgment, orders or resolutions thereof shall be resolved in accordance with the procedure prescribed under LLDA BR No. 192, series of 2004 as amended.

However, complaints/protests filed solely on the ground of adverse effects on the privileges to use surface water from shall not be entertained unless the complainant/protestant has a legal right over the water source as recognized under existing laws.

SECTION 59. Filing Fee. — There shall be imposed and collected a filing fee, as may be determined by the LLDA from every complainant/protestant except from pauper litigants in accordance with the Rules of Court.

SECTION 60. Amicable Settlement. — Amicable settlement shall be reduced in writing and signed by the parties. Within fifteen (15) days from submission thereof, the LLDA shall issue a resolution based on the amicable settlement unless the same is contrary to law or public policy.

SECTION 61. Decision. — All disputes shall be decided within sixty days (60) days after the parties submit the same for decision or resolution. Decisions shall be in writing, stating clearly and concisely the cause or causes of action, findings of facts and the law or rules upon which they are based. IEcDCa

The LLDA shall have the power to issue writs of execution and enforce its decisions with the assistance of national or local law enforcement agencies subject to prior notice to the party concerned in accordance with LLDA BR No. 192, series of 2004.

SECTION 62. Proof of Service. — Decisions, resolutions or orders of the LLDA shall be furnished to the contending parties thru their counsel if represented, or by personal/substituted service or registered mail with return card. Personal/substituted service to the parties shall be acknowledged in writing, indicating the date or receipt and the name of the person receiving. Should any person refuse to receive the decision, resolution or order, a written statement to such effect duly signed by the person serving shall be submitted. Decisions, resolutions or orders coursed through the deputies/agents of the LLDA shall in all cases, be served upon counsel, if represented, or to the party within five (5) days from the date of receipt by the Office concerned.

RULE V

Penalties and Other Provisions

SECTION 63. Light Offenses. — An administrative fine of not more than Five Hundred (P500.00) Pesos per day of violation and/or suspension of the permit/grant for a period of not more than sixty (60) days shall be imposed for any of the following violations:

a) appropriation of surface or offshore groundwater for domestic use by an overlying landowner without the registration when required by the LLDA;

b) failure of the appropriator to keep a record of water withdrawal;

c) repair without permission of hydraulic works or structures involving alteration of its hydraulic or structural features as originally approved;

d) violation of or non-compliance with any order, rule or regulation of LLDA;

e) failure to comply with any of the terms or conditions in a water permit or water rights grant not covered by the succeeding sections;

f) illegal taking or diversion of surface water in an open canal or reservoir;

g) unauthorized utilization of surface water or existing offshore well or ponding or spreading of water for recharging subterranean or groundwater supplies;

h) unauthorized sale, lease or transfer of water permits and/or water rights;

i) failure to install a regulating and measuring device for the control of the volume of water appropriated when required;

j) failure to provide adequate facilities to prevent or control disease whenever required in the construction of any work for the storage, diversion, distribution and utilization of water;

k) construction of any hydraulic work or structure without duly approved plans and specifications;

l) non-observance of any standard for the beneficial use of water and/or schedule of water distribution;

m) use of water for a purpose other than that for which a right or permit was granted;

n) malicious destruction of hydraulic works or structures;

o) unauthorized sale of water in violation of the permit; and

p) Unauthorized construction within the legal easements as provided under Section 31 of the Water Code. aSAHCE

SECTION 64. Non-Payment of Annual Water Charge. — A fine/penalty of fifty percent (50%) of due per year or fraction thereof plus additional interest for delinquency under Section 65 shall be imposed.

SECTION 65. Penalties for Delinquency. — In cases where the offender fails to pay the same within the given period, he shall be liable, in addition to Section 64, to pay a penalty interest equivalent to two (2) percent per month of delay or a fraction thereof until fully paid.

SECTION 66. Violation by Juridical Persons. — In cases where the offender is a corporation, firm, partnership or association, the penalty shall be imposed upon the guilty officers mentioned in Article 92 of the Water Code.

SECTION 67. Violation of Non-Permittees. — In cases where the offender is not a permittee or grantee or has no right to use the water whatsoever, the LLDA through its deputies or authorized representatives shall, in addition to the imposition of appropriate fines and penalties, cause the stoppage of the use of water either through demolition of the dam or hydraulic structures, without prejudice to the institution of a criminal/civil action as the facts and circumstances may warrant.

SECTION 68. Violations by Non-Owners. — In cases where the violator is not the owner of the structure, he shall be penalized twice as much as the fine imposed on the owner of such structure without prejudice to the inclusion of his name as a party defendant in any action filed. Proper representations in this regard shall be made with the appropriate agency for the cancellation or suspension of his license/certificates of registration.

SECTION 69. Offer of Compromise. — In cases where offender, at any time after the issuance of notice of violation/s but before the execution of the order or decision, offers in writing to pay the fine imposed instead of having his/her permit/grant suspended, the LLDA may, if the circumstances so warrant, accept such offer of compromise. However, if the penalty imposed is both fine and suspension of the permit, the offer shall necessarily include the amount of the fine imposed as well as such amount as may be determined by the LLDA corresponding to the period of which the permit should have been suspended.

SECTION 70. Summary Revocation/Suspension. — Water permits or other rights to use the surface water may be revoked or suspended summarily by the LLDA if any of the following facts and/or conditions exists:

a) That the suspension/revocation will redound to greater public interest, public health and safety;

b) That the acts complained of are grossly illegal per se;

c) That the violative act is the second offense on record involving the same infraction;

d) That the non-observance of or non-compliance with the rules, order or regulation is willful and deliberate; 

e) When there is a prima facie showing that the non-observance of any standard for the beneficial use of water or non-compliance with any of the terms or conditions in a water permit or water rights grant is prejudicial to the life and property of third person;

f) When the suspension or revocation thereof is sought by an injured party, provided he files a bond to cover any damage which may be sustained by the permittee or grantee arising from such summary revocation/suspension;

g) In times of emergency, where there is a prima facie showing that the use of water by the permittee/grantee is wasteful;

h) When health authorities so recommend to prevent or control the spread of disease due to inadequate facilities;

i) When in a decision of a competent court the revocation or suspension of the water permit or grant is ordered or recommended;

j) Such other serious offenses or gross violations and infractions as the LLDA may decide. aHcACT

RULE VI

Final Provisions

SECTION 71. Applicability of the New Rules of Court and Related Laws. — The provisions of the New Rules of Court, on preliminary investigation shall have suppletory effect on matters not specifically covered by these rules.

SECTION 72. The LLDA may from time to time pass resolutions amending specific provisions of these rules, which shall take effect 15 days after its publication in a national newspaper of general circulation.

SECTION 73. These rules shall take effect fifteen (15) days after publication in three (3) newspapers of general circulation.