Watercode

19. EASEMENTSis an encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different owner.
a. Legal easements relating to waters under the Civil Code on legal
easement relating to waters.
1) Natural drainage of lands (Art. 637)
2) Natural drainage of buildings (Art. 674)
3) Easements on riparian banks for navigation, floatage, fishing
and salvage (Art. 638)
4) Easement of a dam (Arts. 639, 647)
5) Easement for drawing water or for watering animals (Arts.
640,641)
6) Easement of aqueduct (Arts. 643-646)
7) Easement for the construction of a stop lock or sluice gate
(Art. 647)

20. b. Lower estates have the obligation to receive the water which
naturally flow from the higher estates
Article 50 of PD No. 1067 provides:
“Lower states are obliged to receive the waters which naturally
and without the intervention of man flow from the higher estate, as well as the
stone or earth which they carry with them.
The owner of the 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.”
-VERGARA V. SONKIN-
c. Easement of public use
Article 51 of PD No. 1067 subjects the banks of rivers and streams to
easements of public use.

24. RIVERS OR LAKES MAY BE DECLARED NAVIGABLE
Pursuant to Article 59 of the Water Code, rivers, lakes and lagoons
may, upon the recommendation of the Philippines Coast Guard, be declared
navigable either in whole or in part.
-LOVINA V. MORENO-
The court upheld the power of the Public Works Secretary under RA No. 2056
to declare as a public navigable stream any alleged depressions or bodies of
water even inside titled properties. That case involved a creek, located inside a
titled land, which was alleged to be privately owned. The Public Works
Secretary declared it as part of a public stream which plaintiffs therein had
blocked with their dams. In sustaining the secretary, the Court ruled that such
fact-finding power on his part was merely incidental to his duty to clear all
navigable streams of unauthorized obstruction and, hence, its grant did not
constitute an unlawful delegation of judicial power. And although the title was
silent as to the existence of any stream inside the property, that did not confer a
right to the stream, it being of a public nature and not subject to private
appropriation, even by prescription.

25.  Article 57 – Erection of levees
 Article 58 – Change of course of rivers
 Article 62 – Reservoirs
 Article 64 – Drilling or subterranean or ground water
 Flow of aqueduct
Articles under Control of Waters

26. CONSERVATION AND PROTECTION OF WATERS AND
WATERSHEDS AND RELATED LAND RESOURCES
After due notice and hearing, the National Water Resources Board
may establish minimum water levels as may be necessary for the protection
of the environment, control of pollution, navigation, prevention of salt
damage, and general public use. Conservation measures includes Article 67,
Article 73-77 of the Water Code.
a. Watersheds may be declared a protected area
-Sta. Rosa Realty Development Corporation v. Court of Appeals-
b. A watershed reservation is not subject to occupancy or alienation
-Collado v. Court of Appeals-
c. A timber license covering a watershed area may be withdrawn in
the public interest
-Tan v. Director of Forestry-

27. THE NATIONAL WATER RESOURCES BOARD
The administration and enforcement of the provision of the Water Code,
including the granting of permits and the imposition of penalties for
administrative violations hereof, are vested in the Board and, except in regard to
those functions which are specifically conferred upon other agencies of the
government, it is empowered to make all decisions and determinations provided
for in the Code. (Art. 79)
The Board may deputize any official or agency of the government to
perform any of its specific functions or activities. (Art. 80)
a. Authority to enter upon private lands – Art. 84
b. Jurisdiction of the Board over water disputes – Art. 88
-speaks of the limited jurisdiction conferred upon the Board over all
disputes relating to appropriation, utilization, exploitation, development, control,
conservation and protection of waters. Said jurisdiction does not extend to, much
less cover, conflicting rights over real properties, jurisdiction over which is vested
by law with the regular courts.
-Tanjay Water District v. Gabaton-

28. c. The power to control and regulate the use of ground water
pertains solely to the NWRB, and may not be made subject to an
ordinance
-City of Batangas v. Philippine Shell Petroleum Corporation-
d. Extraction of ground water requires permit from the NWRB
1) approved and a water permit is issued subject to such
conditions as the NWRB may impose, or
2) disapproved and returned to the applicant, stating the reasons
thereof. It should be emphasized that it is only through a duly issued water permit
that any person acquires the right to appropriate water, or to take or divert waters
from a natural source in the manner and for any purpose allowed by law.
e. Protest against a water permit application converts the
proceeding to a water controversy
-It is well to note that in an application for a water permit before the
NWRB, the presence of a protest converts the proceeding to a water controversy,
which shall then be governed by the rules prescribed for resolving water use
controversies, i.e., Rule IV of the IRR.

29. f. 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 use for which a permit was
already granted, the regular court, has jurisdiction over the dispute, not the
National Water Resources Board.
g. Rule on exhaustion of administrative remedies
-Abe-abe v. Manta –
-Metro Iloilo Water District v. Court of Appeals-
h. Decisions of the Board appealable to the Court of
Appeals
-Article 89 of PD No. 1067-

30. PENALTIES AND REPEALED LAWS
PENALTIES
 Articles 90 and 91 of the Water Code enumerate the acts that may be penalized under
the Code.
 The criminal action shall be brought before the proper court.
REPEALED LAWS
The following laws, parts and/or provisions of laws have been repealed by the Water
Code:
a. The provisions of the Spanish Law on Waters of August 3, 1866, the Civil Code of Spain of
1889 and the Civil Code of the Philippines (RA No. 386) on ownership of waters, easements
relating to waters, use of public waters and acquisitive prescription on the use of waters,
which are inconsistent with the provisions of the Code;
b. The provisions of RA No. 6395, otherwise known as the Revised Charter of National Power
Corporation, particularly Section 3, paragraph (f), and Section 12, insofar as they relate to the
appropriation of waters and the grant thereof;
c. The provisions of Act No. 2152, as amended, otherwise known as the Irrigation Act, Section 3,
paragraphs (k) and (m) of PD No. 813, RA No. 2056; Section 90, CA No. 137; and
d. All laws, decrees, executive orders, administrative regulations and rules of court which are
contrary to or inconsistent with the provisions of the Code.

31. WATER DISTRICTS
Creation of water districts
a. Functions
b. Conditions under which water districts may operate
c. Water districts are quasi-public corporations
d. Public hearing required on increase of water rates
e. Dissolution of water districts (Section 45 of PD No. 198, as
amended by PD No. 768)

32. THE LOCAL WATER UTILITIES ADMINISTRATION
(LWUA)
POWERS AND FUNCTIONS
1) Prescribe minimum standards and regulations in order to assure
acceptable standards of construction materials and supplies,
maintenance, operation, personnel training, accounting and fiscal
practices for local water utilities;
2) Furnish technical assistance and personnel programs for local water
utilities;
3) Monitor and evaluate local water standards; and
4) Effect systems integration, joint investment and operations, district
annexation and de-annexation whenever economically warranted.
a. The LWUA has no adjudicatory functions
b. The SEC has no supervisory powers over water districts