Host: Earlier, Director Yee mentioned about the application
of water permits through the National Water Resources
Board. Can you give us more background of your agency and your jurisdiction? NATIONAL WATER RESOURCES BOARD 1. Introduction **Relate to water permits first With regard to water permits, applications shall be filed directly with the NWRB or through deputized agents in the province where the point of diversion is situated in the case of appropriation of water or where the project is located. Host: Who are the deputized agents of the NWRB? The NWRB's deputized agents are DPWH, NIA, NPC and Water Districts.
ARTICLE 89: The decisions of the Council on water rights
controversies may be appealed to the Court of First Instance (now Regional Trial Court) of the province where the subject matter of the controversy is situated within fifteen (15) days from the date the party appealing receives a copy of the decision, on any of the following GROUNDS: 1. Grave abuse of discretion; 2. Question of law; and 3. Questions of fact and law. Regular courts have jurisdiction where the issue involves the enjoyment of an existing right to use water : Where the case does not involve the settlement of a water rights dispute, but the enjoyment of a right to water for use which a permit was already granted, the regular courts has jurisdiction over the dispute, not NWRB. UTILIZATION OF WATERS
To reiterate, these water permits may be granted, as
mentioned by Atty. Velasco, for any of the following purposes: Domestic, Irrigation, Power, Fisheries, Industrial, Livestock, Recreational and Commercial The National Water Resources Board ("NWRB") is the lead government agency in the Philippine water sector, conferred with policy-making, regulatory and quasi-judicial functions. The NWRB is responsible for ensuring the optimum exploitation, utilization, development, conservation and protection of the country's water resource, consistent with the principles of Integrated Water Resource Management. The predecessor of the NWRB is the National Water Resources Council (NWRC), which was created in 1974 under Presidential Decree No. 424, otherwise known as the Integrated Reorganization Plan. It was subsequently renamed as NWRB pursuant to Executive Order No. 124-A. Although independent, insofar as its regulatory and quasijudicial functions are concerned, the NWRB is under the administrative supervision of the Department of Environment and Natural Resources, as an attached agency. The NWRB Board, composed of five (5) cabinet secretaries, a representative from the academe and the executive director, is chaired by the Secretary of Environment and Natural Resources. 2. Jurisdiction of NWRB ARTICLE 88: The Council shall have original jurisdiction over all disputes relating to appropriation, utilization, exploitation, development, control, conservation and protection of waters within the meaning and context of the provisions of this Code. The decisions of the Council on water rights controversies shall be immediately executory and the enforcement thereof may be suspended only when a bond, in an amount fixed by the Council to answer for damages occasioned by the suspension or stay of execution, shall have been filed by the appealing party, unless the suspension is by virtue of an order of a competent court. All disputes shall be decided within sixty (60) days after the parties submit the same for decision or resolution. The Council shall have the power to issue writs of execution and enforce its decisions with the assistance of local or national police agencies.
Note: I transferred the Utilization topic after Maan kasi
parang off sya idiscuss after water permit **Relate with powers of NRWB: power to declare CONTROL AREAS Host: What are these control areas? An area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other. (Art. 32)
ARTICLE 32: The utilization of subterranean or ground water
shall be coordinated with that of surface waters such as rivers, streams, springs and lakes, so that a superior right in one not adversely affected by an inferior right in the other. For this purpose the Council shall promulgate rules and regulations and declare the existence of control areas for the coordinated development, protection, and utilization of subterranean or ground water and surface waters. IRR Sec. 25 Publish declaration in 3 newspapers of general circulation Sec. 26 Appropriation of surface water shall, in general, have preference over ground water ARTICLE 31: Preference in the development of water resources shall consider 1. security of the State, 2. multiple use, 3. beneficial effects, 4. adverse effects and 5. costs of development ARTICLE 33: Water contained in open canals, aqueducts or reservoirs of private persons may be used by any person for domestic purpose or for watering plants as long as the water is withdrawn by manual methods without checking the stream or damaging the canal, aqueduct or reservoir; provided, that this right may be restricted by the owner should it result in loss or injury to him.