CHAPTER I

seepage and drainage;

Declaration of Objectives and Principals e.​ Atmospheric water;
ARTICLE 3. The underlying principles of this code are: f.​ Subterranean or ground waters; and
a.​ All waters belong to the State. g.​ Seawater.
b.​ All waters that belong to the State can not be the
subject to acquisitive prescription. ARTICLE 6. The following waters found on private lands
c.​ The State may allow the use or development of also belong to the
waters by administrative concession. State:
d.​ The utilization, exploitation, development, a.​ Continuous or intermittent waters rising on such
conservation and protection of water resources shall lands;
be subject to the control and regulation of the b.​ Lakes and lagoons naturally occurring on such lands;
government through the National Water Resources c.​ Rain water falling on such lands;
Council, hereinafter referred to as the Council. d.​ Subterranean or ground waters; and
e.​ Preference in the use and development of waters e.​ Water in swamps and marshes.
shall consider current usages and be responsive to
the changing needs of the country. The owner of the land where the water is found may use the
same for domestic purposes without securing a permit,
ARTICLE 4. Waters, as used in this Code, refers to water provided that such use shall be registered, when required by
under the grounds, water above the ground, water in the the Council. The Council, however, may regulate such use
atmosphere and the waters of the sea within the territorial when there is wastage, or in times of emergency.
jurisdiction of the Philippines.
c ARTICLE 7. Subject to the provisions of this Code, any
person who captures or collects water by means of cisterns,
tanks, or pools shall have exclusive control over such water
CHAPTER II and the right to dispose of the same.
Ownership of Water
ARTICLE 8. Water legally appropriated shall be subject to
ARTICLE 5. The following belong to the State: the control of the appropriator from the moment it reaches
a.​ Rivers and their natural beds; the appropriator's canal or aqueduct leading to the place
b.​ Continuous or intermittent waters of springs and where the water will be used or stored and, thereafter, so
brooks running in their natural beds and the beds long as it is being beneficially used for the purposes for
themselves; which it was appropriated.
c.​ Natural lakes and lagoons; c
d.​ All other categories of surface waters such as water
flowing over lands, water from rainfall whether
natural or artificial, and water from agriculture runoff,
 CHAPTER III
Use of water for livestock raising is the utilization of water for
Appropriation of Water large herds or flocks of animals raised as a commercial
ARTICLE 9. Waters may be appropriated and used in enterprise.
accordance with the provisions of this Code.
Appropriation of water, as used in this Code, is the Use of water for industrial purposes is the utilization of water
acquisition of rights over the use of waters or the taking or in factories, industrial plants and mines, including the use of
diverting of waters from a natural source in the manner and water as an ingredient of a finished product.
for any purpose allowed by law.
cdtai Use of water for recreational purposes is the utilization of
ARTICLE 10. Water may be appropriated for the following water for swimming pools, bath houses, boating, water
purposes: skiing, golf courses and other similar facilities in resorts and
a.​ Domestic other places of recreation.
b.​ Municipal
c.​ Irrigation ARTICLE 11. The State, for reasons of public policy, may
d.​ Power generation declare waters not previously appropriated, in whole or in
e.​ Fisheries part, exempt from appropriation for any or all purposes and,
f.​ Livestock raising thereupon, such waters may not be appropriated for those
g.​ Industrial purposes.
h.​ Recreational, and
i.​ Other purposes ARTICLE 12. Waters appropriated for a particular purpose
may be applied for another purpose only upon prior approval
Use of water for domestic purposes is the utilization of water of the Council and on condition that the new use does not
for drinking, washing, bathing, cooking or other household unduly prejudice the rights of other permittees, or require an
needs, home gardens, and watering of lawns or domestic increase in
animals. Use of water for municipal purposes is the the volume of water.
utilization of water for supplying the water requirements of
the community. ARTICLE 13. Except as otherwise herein provided, no
person, including government instrumentalities or
Use of water for irrigation is the utilization of water for government-owned or controlled corporations, shall
producing agricultural crops. Use of water for power appropriate water without a water right, which shall be
generation is the utilization of water for producing electrical evidenced by a document known
or mechanical power. as a water permit.

Use of water for fisheries is the utilization of water for the Water right is the privilege granted by the government to
propagation and culture of fish as a commercial enterprise. appropriate and use water.
ARTICLE 14. Subject to the provisions of this Code and construction, and such other terms and conditions as
concerning the control, protection, conservation, and may be imposed by the Council.
regulation of the appropriation and use of waters, any cd
person may appropriate or use natural bodies of water Such permits shall specify the maximum amount of water
without securing a water permit which may be diverted or withdrawn, the maximum rate of
for any of the following: diversion or withdrawal, the time or times during the year
a.​ Appropriation of water by means of hand-carried when water may be diverted or withdrawn, the point or
receptacles; and points of diversion or location of wells, the place of use, the
b.​ Bathing or washing, watering or dipping of domestic purposes for which water may be used and such
or farm animals, and navigation of watercrafts or other requirements the Council deems desirable.
transportation of logs and other objects by flotation.
ARTICLE 19. Water rights may be leased or transferred in
ARTICLE 15. Only citizens of the Philippines, of legal age, whole or in part to another person with prior approval of the
as well as juridical persons, who are duly qualified by law to Council, after due notice and hearing.
exploit and develop water resources, may apply for water
permits. ARTICLE 20. The measure and limit of appropriation of
water shall be beneficial use.
ARTICLE 16. Any person who desires to obtain a water Beneficial use of water is the utilization of water in the right
permit shall file an application with the Council who shall amount during the period that the water is needed for
make known said application to the public for any protests. producing the benefits for which the water is appropriated.

In determining whether to grant or deny an application, the ARTICLE 21. Standards of beneficial use shall be
Council shall consider the following: protests filed, if any; prescribed by the Council for the appropriator of water for
prior permits granted; the availability of water; the water different purposes and conditions, and the use of waters
supply needed for beneficial use; possible adverse effects; which are appropriated shall be measured and controlled in
land-use economics; and other relevant factors. accordance therewith.
Upon approval of an application, a water permit shall be Excepting those for domestic use, every appropriator of
issued and recorded. water shall maintain water control and measuring devices,
and keep records of water withdrawal. When required by the
ARTICLE 17. The right to the use of water is deemed Council, all appropriators of water shall furnish information
acquired as of the date of filing of the application for a water on water use.
permit in case of approved permits, or as of the date of
actual use in a case where no permit is required. ARTICLE 22. Between two or more appropriators of water
from the same sources of supply, priority in time of
ARTICLE 18. All water permits granted shall be subject to appropriation shall give the better right, except that in times
conditions of beneficial use, adequate standards of design of emergency the use of water for domestic and municipal
purposes shall have
a better right over all other uses; Provided, That where water ARTICLE 27. Water users shall bear the diminution of any
shortage is recurrent and the appropriator for municipal use water supply due to natural causes or force majeure.
has a lower priority in time of appropriation, then it shall be
his duty to find an alternative source of supply in accordance ARTICLE 28. Water permits shall continue to be valid as
with conditions prescribed by the Council. long as water is beneficially used; however, it may be
suspended on the grounds of non-compliance with approved
ARTICLE 23. Priorities may be altered on grounds of plans and specifications or schedules of water distribution;
greater beneficial use, multi-purpose use, and other similar use of water for a purpose other than that for which it was
grounds after due notice and hearing, subject to payment of granted; non-payment of water charges; wastage; failure to
compensation in proper cases. keep records of water diversion, when required; and
violation of any term or condition of any permit or of rules
ARTICLE 24. A water right shall be exercised in such a and regulations promulgated by the Council. Temporary
manner that the rights of third persons or of other permits may be issued for the appropriation and use of
appropriators are not prejudiced thereby. water for short periods under special circumstances.
c

ARTICLE 25. A holder of a water permit may demand the

establishment of easements necessary for the construction CHAPTER IV
and maintenance of the works and facilities needed for the Utilization of Waters
beneficial use of the waters to be appropriated subject to the
requirements of just compensation and to the following ARTICLE 31. Preference in the development of water
conditions: resources shall consider security of the State, multiple use,
a.​ That he is the owner, lessee, mortgagee or one beneficial effects, adverse effects and costs of development.
having real right over the land upon which he
proposes to use water; and ARTICLE 32. The utilization of subterranean or ground
b.​ That the proposed easement is the most convenient water shall be coordinated with that of surface waters such
and the least onerous to the servient estate. as rivers, streams, springs and lakes, so that a superior right
Easements relating to the appropriation and use of in one is not adversely affected by an inferior right in the
waters may be modified by agreement of the other.
contracting parties provided the same is not contrary
to law or prejudicial to third persons. For this purpose the Council shall promulgate rules and
regulations and declare the existence of control areas for the
ARTICLE 26. Where water shortage is recurrent, the use of coordinated development, protection, and utilization of
the water pursuant to a permit may, in the interest of subterranean or ground water and surface waters. Control
equitable distribution of benefits among legal appropriators, area is an area of land where subterranean or ground water
be reduced after due notice and hearing. and surface water are so interrelated that withdrawal and
use in one similarly affects the other. The boundary of a destruction or removal of such places or relics shall be
control area may be altered from time to time, as undertaken without showing that the destruction or removal
circumstances warrant. is necessary and unavoidable.
casia
ARTICLE 33. Water contained in open canals, aqueducts or ARTICLE 38. Authority for the construction of dams, bridges
reservoirs of private persons may be used by any person for and other structures across of which may interfere with the
domestic purpose or for watering plants as long as the water flow of navigable or floatable waterways shall first be
is withdrawn by manual methods without checking the secured from the Department of Public Works,
stream or damaging the canal, aqueduct or reservoir; Transportation and
Provided, That this right may be restricted by the owner Communications.
should it result in loss or injury to him.
ARTICLE 41. No person shall develop a stream, lake, or
ARTICLE 34. A water permittee or appropriator may use spring for recreational purposes without first securing a
any watercourse to convey water to another point in the permit from the Council.
watercourse for the purpose stated in a permit and such
water may be diverted or recaptured at that point by said ARTICLE 42. Unless otherwise ordered by the President of
permittee in the same amount less allowance for normal the Philippines and only in time of national calamity or
losses in transit. emergency, no person shall induce or restrain rainfall by any
method such as cloud seeding without a permit from the
ARTICLE 35. Works for the storage, diversion, distribution proper government emergency.
and utilization of water resources shall contain adequate
provision for the prevention and control of diseases that may ARTICLE 43. No person shall raise or lower the water level
be induced or spread by such works when required by the of a river stream, lake, lagoon or marsh nor drain the same
Council. without a permit.

ARTICLE 36. When the reuse of waste water is feasible, it ARTICLE 44. Drainage systems shall be so constructed that
shall be limited as much as possible, to such uses other their outlets are rivers, lakes, the sea, natural bodies of
than direct human consumption. No person or agency shall water, or such other water course as may be approved by
distribute such water for public consumption until it is the proper government agency.
demonstrated that such consumption will not adversely cda
affect the health and safety of the public. ARTICLE 45. When a drainage channel is constructed by a
number of persons for their common benefit, the cost of
ARTICLE 37. In the construction and operation of hydraulic construction and maintenance of the channel shall be borne
works, due consideration shall be given to the preservation by each in proportion to the benefits derived.
of scenic places and historical relics and, in addition to the
provisions of existing laws, no works that would require the ARTICLE 46. When artificial means are employed to drain
water from higher to lower land, the owner of the higher land forest areas, along their margins, are subject to the
shall select the routes and methods of drainage that will easement of public use in the interest of recreation,
cause the minimum damage to the lower lands, subject to navigation, floatage, fishing and salvage. No person shall be
the requirements of just compensation. allowed to stay in this zone longer than what is necessary
for recreation, navigation, floatage, fishing or salvage or to
ARTICLE 47. When the use, conveyance or storage of build structures of any kind.
waters results in damage to another, the person responsible
for the damage shall pay compensation.

ARTICLE 48. When a water resources project interferes

with the access of landowner to a portion of his property or
with the conveyance of irrigation or drainage water, the
person or agency constructing the project shall bear the cost
of construction and maintenance of the bridges, flumes and
other structures necessary for maintaining access, irrigation,
or drainage, in addition to paying compensation for land and
incidental damages.

ARTICLE 49. Any person having an easement for an

aqueduct may enter upon the servient land for the purpose
of cleaning, repairing or replacing the aqueduct or the
removal of obstructions therefrom.

ARTICLE 50. Lower estates are obliged to receive the

waters which naturally and without the intervention of man
flow from the higher estates, as well as the stone or earth
which they carry with them. The owner of the lower estate
can not 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.

ARTICLE 51. The banks of rivers and streams and the

shores of the seas and lakes throughout their entire length
and within a zone of three (3) meters in urban areas, twenty
(20) meters in agricultural areas and forty (40) meters in