The Water Code of the Philippines governs the ownership, appropriation, utilization, exploitation, development, conservation, and protection of water resources. Its foundational rule is that ALL WATERS BELONG TO THE STATE, and the waters referred to include running waters, natural lakes and rivers, subterranean or ground waters, seawater, atmospheric water, and waters in springs. Because the State owns them, no person may appropriate water without a right acquired in the manner the Code provides. The instrument of that right is the WATER PERMIT, issued by the national water regulatory body, which confers the privilege to appropriate and use water for a stated purpose, at a stated rate and point of diversion. Appropriation without a permit, or in excess of what the permit allows, is unlawful and subject to penalties, and unauthorized structures may be ordered removed. The Code enumerates the recognized PURPOSES of appropriation, which include domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational, and other purposes. Certain uses are EXEMPT from the permit requirement, notably the appropriation of water by means of handcarried receptacles, and bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects by flotation, in natural bodies of water. Priority matters when supply is short: the Code provides that in times of scarcity, the use of water for DOMESTIC AND MUNICIPAL purposes has preference over all other uses, and where there is a conflict among appropriators of the same class, the one whose right is earlier in time generally prevails, subject to the regulator's power to reallocate in the public interest. A water permit is not absolute property: it may be revoked for non-use for a continuous period, for wilful violation of its conditions or of the Code, or when the public interest so requires, after notice and hearing. Related duties include the obligation to construct and maintain works safely, to avoid causing damage to others, and to observe the legal easements along riverbanks and shores, which are part of the public dominion and cannot be titled. So water is State-owned, its use generally requires a permit, small hand-carried and animal-watering uses are exempt, domestic and municipal use has priority in scarcity, and permits can be revoked for non-use or violation.
All Waters Belong to the State
The Water Code declares that ALL WATERS BELONG TO THE STATE — running waters, lakes and rivers, ground water, seawater, atmospheric water, and springs. No one may appropriate water except as the Code allows.
The Water Permit
A WATER PERMIT from the national water regulator confers the privilege to appropriate water for a stated purpose, rate, and point of diversion. Appropriating without a permit or beyond it is unlawful, penalised, and unauthorised structures may be ordered removed. Recognised purposes include domestic, municipal, irrigation, power, fisheries, livestock, industrial, and recreational use.
Exempt Uses
No permit is needed for appropriation by hand-carried receptacles, and for bathing, washing, watering or dipping domestic or farm animals, and navigation or flotation in natural bodies of water.
Priority in Scarcity
In times of scarcity, DOMESTIC AND MUNICIPAL use has preference over all other uses. Among appropriators of the same class, the right earlier in time generally prevails, subject to the regulator's power to reallocate in the public interest.
Revocation and Duties
A permit may be revoked for non-use over a continuous period, wilful violation of its conditions or the Code, or when the public interest requires, after notice and hearing. Permittees must build and maintain works safely, avoid damage to others, and respect the legal easements along banks and shores, which are public dominion and cannot be titled.
Frequently Asked Questions
Do I need a permit to use water from a river on my land? Generally yes. All waters belong to the State, and appropriating water requires a water permit from the national water regulatory body, except for the limited exempt uses.
What water uses are exempt from a permit? Appropriation by means of hand-carried receptacles, and bathing, washing, watering or dipping of domestic or farm animals, and navigation or the flotation of logs and objects in natural bodies of water.
Who gets priority when water is scarce? Domestic and municipal use has preference over all other uses. Among appropriators of the same class, the earlier right generally prevails, subject to the regulator's power to reallocate in the public interest.
Can a water permit be cancelled? Yes. It may be revoked for non-use for a continuous period, for wilful violation of its conditions or of the Water Code, or when the public interest so requires, after notice and hearing.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.