CREATING A NATIONAL WATER RESOURCES COUNCIL, RECONSTITUTING ITS MEMBERSHIP, VESTING THE SAME WITH POWERS TO COORDINATE AND INTEGRATE WATER RESOURCES DEVELOPMENT, AND PROVIDING F…

WHEREAS, the social and economic progress of the country is
highly dependent on the proper development, control and utilization of
its total water resources;

WHEREAS, as the country progresses and the population
increases, there will develop, as has been experienced, keener
competition and conflict of interest among water users; and

WHEREAS, there is an urgent need for a well-integrated and
coordinated planning and prosecution of projects, including an expanded
effort in the continuing task of water resources survey and appraisal,
in order to achieve an orderly and scientific development as well as
optimum utilization and control of our water resources to meet the
present and future water needs of the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution,
do hereby order and decree:

SECTION 1. The Water Resources Committee under Article XI,
Chapter 1, Part X of the Integrated Reorganization Plan shall be renamed
National Water Resources Council, hereinafter called the Council, and
attached to the Department of Public Works, Transportation and
Communications (DPWTC).

SEC. 2. The Council shall have the following Functions,
duties, and powers:

A. Regulatory and Executory:

1. Coordinate and integrate, on a sound and logical
   basis, water resources development activities of the country within the
   context of national plans and policies for social and economic
   development;
2. Determine, adjudicate, and grant water rights amending,
   for this purpose, Act No. 2152, and other laws relating to the
   appropriation and utilization of surface ground water;
3. Formulate and promulgate:
   1. General criteria, methods, and standards for basic data
      collection, project investigation, formulation, planning and design,
      and feasibility evaluation; and
   2. Rules and regulations for the exploitation and
      optimum utilization of water resources, including the imposition on
      water appropriators of such fees or charges as may be deemed necessary
      by the Council for water resources development;
4. Review and approve water resources development plans and
   programs of any agency within the context of the overall national plans
   and program;
5. Undertake river basin survey, inventory and appraisal of
   water and related resources and develop comprehensive basinwide plans of
   storage and control to maximize the conservation and multipurpose use
   of water in the basin;
6. Undertake hydrologic surveys and establish, operate and
   maintain observation station networks and a centralized water resources
   data center necessary for the scientific survey and appraisal of
   surface and ground water potentials of the country; and
7. Conduct and/or promote special studies and researches with
   other government or private agencies on all related aspects of water
   resources development such as weather modification, environmental
   quality, desalination, and the like.

B. Advisory and Recommendatory:

1. Apprise and/or advise the National Economic and
   Development Authority (NEDA) on matters pertaining to water resources
   development projects and programs;
2. Recommend to NEDA the adoption of general policies and
   guidelines and short/ long range plans and programs for water resources
   development.

SEC. 3. The Council shall be composed of the following:

Secretary, Department of Public Works, Transportation and Communications		Chairman
Secretary, Department of Agriculture and Natural Resources, or his Undersecretary		Member
Director-General, National Economic and Development Authority, or his Deputy		Member
Administrator, National Irrigation Administration		Member
General Manager, National Power Corporation		Member
Director, Bureau of Public Works		Member

Provided, That the National Economic and Development
Authority, in the exercise of its sound discretion, may increase or
decrease the membership of the Council.

The members of the Council shall receive a reasonable amount of
per diem as the Council may provide for every meeting actually attended
by them.

SEC. 4. The Council shall have a working staff which
shall function under the supervision and control of an Executive
Director, who shall be appointed by the President of the Philippines
upon recommendation of the Council. The Executive Director shall receive
a salary as may be fixed by the Council. Initially, the Water Resources
Survey Division of the Bureau of Public Works shall be the working
staff of the Council. The appropriate personnel, records, functions, and
applicable appropriations, properties, and facilities of the Division
shall be transferred to the Council within the current fiscal year.

The Council shall fully organize and expand its working staff,
and shall fix the salaries and remunerations, including per diems and
allowances of the personnel, subject to existing requirements, but
exempt from WAPCO and Civil Service rules and regulations, insofar as
technical positions arc concerned: Provided, That the personnel
shall be entitled to benefits and privileges normally accorded
government employees, such as retirement, GSIS insurance, leave and
similar matters.

SEC. 5. In the performance of its
functions, the Council may request and secure the assistance of any
government agency, office or instrumentality which the Council is hereby
authorized to call upon. Whenever necessary the Council may enter into
contracts for consultancy services.

SEC. 6. The amount of ten million pesos out of any
available funds from the National Treasury is hereby appropriated and
authorized to be released, for the organization of the Council and its
initial operations, including purchase of hydrologic equipment.
Henceforth, funds sufficient to fully carry out the functions and
objectives of the Council shall be appropriated every fiscal year in the
General Appropriations Act. The budget of the Council shall be in the
form of lump sum appropriations with the Council having sole authority
to determine details of expenditures: Provided, That the
Council shall submit to DPWTC a report of disbursement thereof within 45
days after the close of each fiscal year.

SEC. 7. The Council shall hold its organizational
meeting within forty-five (45) days upon promulgation of this Decree.

SEC. 8. The functions, monies, records, properties,
rights and obligations of the Water Resources Committee are hereby
transferred to the Council.

SEC. 9. All laws, decrees, charters, executive orders,
administrative orders, proclamations, rules and regulations, or parts
thereof in conflict with this Decree are hereby repealed or modified
accordingly.

SEC. 10. If any provision or provisions, part or parts
of this Decree is declared unconstitutional, such declaration shall not
invalidate the other provisions hereof. This Decree shall take effect
immediately.

Done in the City of Manila, this 28th day of March, in the
year of Our Lord, nineteen hundred and seventy-four.