(b) Use (PD 1067, Arts. 13–16)

Use of Water (PD 1067, Arts. 13–16)

Concept

A water right is a privilege granted by the government to appropriate and use water. As a rule, the right is evidenced by a water permit. The requirement applies even to government instrumentalities and government-owned or controlled corporations, unless the Water Code provides otherwise. (Art. 13, Pres. Decree No. 1067)¹

Governing provisions

Articles 13–16 establish the general permit requirement, identify uses that need no permit, state who may apply, and provide the application and approval process. The measure and limit of appropriation is beneficial use: water must be used in the right amount and during the period needed for the intended benefit. (Art. 13, Pres. Decree No. 1067)¹ (Art. 14, Pres. Decree No. 1067)² (Art. 15, Pres. Decree No. 1067)³ (Art. 16, Pres. Decree No. 1067)⁴ (Art. 20, Pres. Decree No. 1067)⁵

Requisites / Rules

• Qualified applicant. A water permit may be sought by a Filipino citizen of legal age or by a juridical person duly qualified by law to exploit and develop water resources. (Art. 15, Pres. Decree No. 1067)³
• Application and notice. The applicant files with the Council, which makes the application known to the public so that protests may be filed. (Art. 16, Pres. Decree No. 1067)⁴
• Evaluation. The Council considers any protests, prior permits, water availability, the supply needed for beneficial use, possible adverse effects, land-use economics, and other relevant factors. An approved permit is issued and recorded. (Art. 16, Pres. Decree No. 1067)⁴
• Use after appropriation. The Council prescribes beneficial-use standards under which appropriated water is measured and controlled. Except for domestic use, appropriators must maintain control and measuring devices and keep withdrawal records; all appropriators must furnish use information when the Council requires it. (Art. 21, Pres. Decree No. 1067)⁶

Distinctions

The general rule concerns appropriation under a government-granted water right. Article 14 separately allows specified activities without a permit, subject still to the Code’s provisions on control, protection, conservation, and regulation. The absence of a permit requirement for those activities does not remove those qualifications. (Art. 13, Pres. Decree No. 1067)¹ (Art. 14, Pres. Decree No. 1067)²

Key doctrines

A permit and operational control need not always be held by the same entity. In a case involving privatized multi-purpose hydropower assets, the Court recognized that operational control could be given to the buyer while the original water permit remained with NPC, subject to NWRB regulation. (Initiatives for Dialogue and Empowerment Through Alternative Legal Services, Inc. v. Power Sector Assets and Liabilities Management Corporation, G.R. No. 192088, 9 October 2012)⁷

Exceptions

• Without a water permit, any person may appropriate water from natural bodies of water using hand-carried receptacles. (Art. 14, Pres. Decree No. 1067)²
• No permit is required for bathing or washing; watering or dipping domestic or farm animals; or navigating watercraft and transporting logs or other objects by flotation. These uses remain subject to the Code’s regulatory provisions. (Art. 14, Pres. Decree No. 1067)²
• A landowner may use water found on the land for domestic purposes without a permit, but must register the use when the Council requires it. The Council may regulate the use in cases of wastage or emergency. (Art. 6, Pres. Decree No. 1067)⁸

Bar tip

First identify whether the activity falls within an express no-permit use. If it does not, apply the water-right rule, then check applicant qualification, the Council’s evaluation, and the limit of beneficial use. (Art. 14, Pres. Decree No. 1067)² (Art. 13, Pres. Decree No. 1067)¹ (Art. 15, Pres. Decree No. 1067)³ (Art. 16, Pres. Decree No. 1067)⁴ (Art. 20, Pres. Decree No. 1067)⁵