Presidential Decree No. 424 creating a National Water Resources Council, Reconstituting its Membership, Vesting the same with Powers to Coordinate and Integrate Water Resources Development, and Providing Funds Therefor

2912 OFFICIAL GAZETTE VOL. 70, No. 15 MALACA~ANG RESIDENCE OF THE PRESIDENT OF THE PHILIPPINES MANILA PRESIDENTIAL DECREE No. 424 CREATING A NATIONAL W ATE R RESOURCES COUNCIL, RECONSTITUTING ITS MEMBER SHIP, VESTING THE SAME WITH POWERS TO COORDINATE AND INTEGRATE WATER RE SOURCES DEVELOPMENT, AND PROVIDING FUNDS THEREFOR. 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 interests 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, THEIU;FORE, I, FEIWINAND Eo MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby order and decree: APRIL 15, 1974 OFFICIAL GAZETTE 2913· SECTION 1. The Water Resources Committee under Article XI, Chapter I, Part X of the Integrated Reorganization Plan shall be renamed National Water Resources Council, hereinafter called the Council, and attached to the Depart ment of Public Works, Transportation and Communications (DPWTC). SEC. 2. The Council shall have the following functions, duties, and powers: A. Regulatory and Executory: a. 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; b. 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; c. 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 regulation for the exploitation and optimum utilization of water resources, including the imposition on water' appropriators of such fees or charges as maybe deemed necessary by the Council for water resources development; d. Review and approve watcr resources dcvclopmcnt plans and programs of any agency within the context of the overall national plans and program; e. Undertake river basin survey, inventory and appraisal of water and related resources and develop comprehensive basin wide plans of storage and control to maximize the conser vation and multi-purpose use of water in the basin; f. Undertake hydrologic surveys and establish, operate and main tain 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 g. Conduct and/or promote special studies and researchcs with other government or private agencies on all related aspects of watcr resources development such as weather modification, environmental quality, desalination, and the like. B. Advisory and Recommendatory: a. Apprise and/or advise the National Economic and Develop ment Authority (NEDA) on matters pertaining to watcr resources development projects and programs; b. Recommend to NEDA the adoption of general policies and guidelines and short./Iohg range plans and programs for water resources development. SEC. 3. The Council shall be composed of the following: Secretary, Department of Public Works, Transporta tion and Communications Chairman Secretary, Department of Agriculture and Natural Resources, or his Undersecretary............................ Member Director General, National Economic & Development 2914 OFFICIAL GAZE'ITE VOL. 70, No. 15 .- .. - . 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 ev-ery 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 Pres ident 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 Re sources Survey Division of the Bureau of Public Works, shalf bethe \vorking sfaff ofThe CounciC The appropriate personnel; , records, functions, arici --'applicable appropria tions, proper.ties,. 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, includ ing per diems and allowances of the personnel, subject to existing requirements, but exempt from 'VAPCO and Civil Service rules and regulations, insofar as techn ical positions are concerned; provided that the personnel shall be entitled to benefits and privileg-es 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 here by authorized to call upon. Whenever necessary the Coun cil mav 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 01' ganization of the Council and its inital operations, includ ing' 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 ex penditures; 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, .. APRIL 15, 1974 OFFICIAL GAZETTE 2915 SEC. 8. The functions, monies, and records, properties, rights -and obligations of the Water Resources Committee are hereby transferred to the Council. SEC. 9. All laws, decrees, charters, executive orders, ad ministrative orders, proclamations, rules and regulations, or parts thereof in conflict with this Decree are hereby repealed or modified accordingly. SEC. 10. If any provision, provisions, part or parts of this decree is declared unconstitutional, such declaration shall not invalidate the other provisions hereof. 'I'his 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. (Sgd.) FERDINAND E. MARCOS President Republic of the Philippines By the President: (Sgd.) ALEJANDRO MELCHOR Executive Secretary