CLEAN WATER ACT (RA 9275)
Beneficial use means the use of the environment or any element or segment thereof conducive to
public or private welfare, safety and health; and shall include, but not be limited to, the use of
water for domestic, municipal, irrigation, power generation, fisheries, livestock raising,
industrial, recreational and other purposes.
Purposes/Uses of water
1) domestic purposes—means the utilization of water for drinking, washing, bathing,
cooking or other household needs, home gardens and watering of lawns or domestic
animals;
2) municipal purposes—means the utilization of water for supplying water requirements
of the community;
3) irrigation—means the utilization of water for producing agricultural crops;
4) power generation—means the utilization of water for producing electrical or
mechanical power;
5) fisheries—means the utilization of water for the propagation of culture of fish as a
commercial enterprise;
6) livestock raising—means the utilization of water for large herds or flocks of animals
raised as a commercial enterprise;
7) industrial purposes—means the utilization of water in factories, industrial plants and
mines, including the use of water as an ingredient of a finished product; and
8) recreational purposes—means the utilization of water for swimming pools, bath
houses, boating, water skiing, golf courses and other similar facilities in resorts and
other places of recreation.
Prohibited Acts
a. Discharging/depositing material of any kind into the water bodies where, the same
shall be liable to be washed into such surface water which could cause water pollution
or impede natural flow in the water body;
b. Discharging or allowing to seep into the soil any substance in any form that would
pollute groundwater.
c. Operating facilities that discharge regulated water pollutants without the valid
required permits
d. Disposal of potentially infectious medical waste into sea water by vessels
e. Unauthorized transport or dumping into sea waters of sewage sludge or solid waste
f. Transport, dumping or discharge of prohibited chemicals, substances or pollutants
g. Operate facilities that discharge or seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants into water bodies
h. Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential Decree. No.1586
(Environment Impact Statement System)
i. Discharging regulated water pollutants without the valid required discharge permit or
after the permit was revoked
j. Non-compliance of the LGU with the Water Quality Framework and Management
Area Action Plan.
k. Refusal to allow entry, inspection and monitoring by the Department in accordance
with this Act;
l. Refusal to allow access by the Department to relevant reports and records in
accordance with this Act;
m. Refusal or failure to submit reports whenever required by the Department in
accordance with this Act;
n. Refusal or failure to designate pollution control officers whenever required
o. using booster pumps in the distribution system or tampering with the water supply
Water Code (PD 1067)
Ownership of Waters (Article 5)
The following belong to the State:
a. Rivers and their natural beds;
b. Continuous or intermittent waters of springs and brooks running in their natural beds
and the beds themselves;
c. Natural lakes and lagoons;
d. All other categories of surface waters such as water flowing over lands, water from
rainfall whether natural or artificial, and water from agriculture run-off, seepage, and
drainage;
e. Atmospheric water;
f. Subterranean or ground waters; and
g. Seawater.
Waters found on private lands belong to the State: (Article 6)
a. Continuous or intermittent waters rising on such lands;
b. Lakes and lagoons naturally occurring on such lands;
c. Rain water falling on such lands;
d. Subterranean or ground waters; and
e. Water in swamps and marshes.
The owner of the land where the water is found may use the same for domestic purposes without
securing a permit, provided that such use shall be registered, when required by the Council. The
Council, however, may regulate such when there is wastage, or in times of emergency
Appropriation of waters (Art. 9). Waters may be appropriated and used in accordance with the
provisions of this Code. Appropriation of water is the acquisition of rights over the use of waters
or the taking or diverting of waters from a natural source in the manner and for any purpose
allowed by law.
Purposes for appropriation of waters
a. Domestic
b. Municipal
c. Irrigation
d. Power generation
e. Fisheries
f. Livestock raising
g. Industrial h. Recreational
h. Other purposes
Use of water is a privilege.(Art. 13) .
No person, including government instrumentalities or government-owned or controlled
corporations, shall appropriate water without a water right, which shall be evidenced by a
document known as a water permit. Water right is the privilege granted by the government to
appropriate and use water.
Grounds for revocation of water permit, (Art 29)
1) non-use
2) gross violation of the conditions imposed in the permit;
3) unauthorized sale of water;
4) willful failure or refusal to comply with rules and regulations of any lawful order;
5) pollution, public nuisance, or acts detrimental to public health and safety;
6) when the appropriator is found to be disqualified under the law to exploit and develop
natural resources of the Philippines;
7) when, in the case of irrigation, the land is converted to non- agricultural purposes;
Easement of water (Art. 50).
Lower estates are obliged to receive the waters which naturally and without the intervention of
man flow from the higher estate, as well as the stones or earth which they carry with them.
The owner of the lower estate cannot construct works which will impede this natural flow, unless
he provides an alternative method of drainage; neither can the owner of the higher estate make
works which will increase this natural flow.
Easement along rivers, streams, seashore, lakeshore (Art 51)
The banks of rivers and streams and the shores of the seas and lakes throughout their entire
length and within a zone of
1) [Link] (3) meters in urban areas,
2) [Link] (20) meters in agricultural areas,
3) [Link] forty (40) meters in forest areas,
along their margins are subject to the easement of public use in the interest of recreation,
navigation, floatage, fishing, and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for recreation,
navigation, floatage, fishing, or salvage or to build structures of any kind.
Coal Development Act of 1976 (PD 972)
Government to Undertake Coal Exploration Development and Production.
1) The Government, through the Energy Development Board, its successors or assigns,
shall undertake by itself the active exploration, development and production of coal
resources.
2) Or it may also execute coal operating contracts as hereafter defined.
Coal Operating Contract.
Each coal operating contract shall, subject to the approval of the President, be executed by the
Energy Development Board.
In a coal operating contract, service, technology and financing are furnished by the operator for
which it shall be entitled to the stipulated fee and reimbursement of operating expenses. The
operator must be technically competent and financially capable as determined by the Energy
Development Board to undertake the coal operations as required in the contract.