CHAPTER VII
WATER RESOURCE MANAGEMENT
Section 61. Policy Statement on Water utilization. In line with the provision of the Constitution and as embodied in the Water Code of the Philippines, all waters belong to the State. The ownership of water by the State may allow the use and development of water by administrative concession. The Government, through the National Water Board, exercises control and regulation of the water resources pertaining to its utilization, exploitation, development conservation and protection.
In the observance of the above mentioned principle, the Municipality of Miagao shall ensure an equitable apparition of water resources to its constituents consistent with the order of preference adopted by the State as follows;
a)Domestic and municipal use;e) Livestock raising;
b)Irrigation;f) Industrial use; and
c)Power generation;g) Others.
d)Fisheries;
Section 62. Basis of Action. With increasing population and intensification of economic activities the rate of use has overtaken the rate of replenishments to the point where the basic needs are no longer satisfied. If steps are not taken at the early stage; conflicts of water users may escalate and the needs of the general populace put in jeopardy. These concerns call for appropriate actions and strategies in the local level contributory to the national effort of ensuring sustainable utilization of water resources.
Section 63. Water Sources. With the growing population and the expansion of economic activities the need for water has been increasing at a faster rate. This has brought a serious imbalance between supply and demand of potable and usable water. Cognizant of this condition it becomes imperative for the Municipality of Miagao to provide and secure water for the current and future generations living in its territorial boundaries, to wit:
a.It shall be the responsibility of the Municipality Miagao of to identify existing and potential water sources for domestic and municipal use within the territorial bounds of the Municipality to ensure that there shell be sources of water to satisfy the needs of the present and future. This calls for complete inventory of Surface River, creek, and stream and spring source along with subsurface aquifer systems. Databases shall be established for these water sources with adequate information on quantity and quality. Interim plans should be established o how these water sources shall be accessed, tapped, and developed.
b.A data inventory of the water resources to include their physical characteristics, location and types shall be maintained and updated by the Municipality for future assessment. This data inventory shall be the basis of the municipal water resource policy and water resource system analysis. This data shall be stored and collated in a dynamic system where the formation can be easily accessed and updated. These data shall be the bases for the decisions the community is going to adopt in the future.
c.The Municipality shall likewise determine the contaminated water resource in the Municipality such as saltwater intruded areas and chemical contaminated areas as part of the environmentally affected areas. These areas shall be constrained in terms of utilization and exploitation and the municipality shall provide an advisory notice to this effect. In the overall strategy, these areas shall be targeted for either containment or rehabilitation.
d.The Municipality shall establish its own water budget on a periodic basis to determine its water needs and potentials. The approach shall be holistic to include all the major users of water and comprehensive enough to determine possible cause effect scenario of the water utilization.
e.The Municipality shall identify the water sheds within its own territorial limits and incorporate them in their zoning plans. As a water production unit, the municipality shall adopt important strategies of protection, conservation, utilization and establishment in view of sustainable development. Land use threats to the watersheds shall be minimized by instituting measure to curb human and economic activities from damaging the pristine nature of the water resources.
f.Apart from satisfying the immediate demand, the Municipality shall adopt long range planning for the resources development in view of up with a balance on the supply and demand. All sectors shall be enjoined to participate in the planning exercises.
Section 64. Water Supply Quality. The health of the populace is of primary concern. Aside from food nutrition, the quality of drinking water has a direct impact on the health of the people. To maintain the health and well being of the people there should be an ample supply of water with acceptable potable quality.
a.The Miagao Water District shall be responsible for ensuring that the quality of water shall be within the limits of the National Standard for Drinking Water (NSDW) conforming for physical, chemical and radiological requirements.
b.The Municipality shall be responsible for giving resolutions to and assisting areas, which are not covered by the water district services.
c.The Municipality shall come up with a program of monitoring wastewater in the community. Likewise, the municipality shall institute measures to compel private sectors to come up with treatment process for domestic and industrial wastewaters before discharging to the environment.
d.The municipal government shall monitor the discharge of wastewater to the environment either by land spreading, injection or dilution in natural bodies of water.
e.The uses of nitrogenous fertilizer in farms and fields have been pointed out as one of sources of contamination for groundwater. In areas where important aquifers are located, the use of such fertilizers should be limited, if not prohibited by the Municipality.
f.Important point source pollution as gas stations and petroleum product reservoir should be identified and their location mapped out in relation with the existing water resource. The Municipality shall come up with monitoring program for fugitive effluents and require business operators to submit mitigating measures in the event of accidental release of chemicals.
g.Along natural watercourses such as stream, brooks, and rivers, the respect for easement shall primary to maintain the natural riverine character of the surface water. The easement shall be in accordance with the established easement of the National Water Resources Board (NWRB) and shall be adopted and enforced by the Municipality.
Section 65. Water Demand.
a.Water Utilization. In reference to the Water Code of the Philippines the development of water resources shall consider the security of the State, multiple use, beneficial use, adverse effects and cost of development. The Municipality shall adhere to this provision in the utilization of water resources within the municipality.
b.The Municipality shall identify the heavy users of either surface water or groundwater and shall determine on a periodic basis the rate to extraction and utilization.
Section 66. Illegal Construction along Waterways. No person shall construct any building or improvement within 3 meters in the municipal proper and residential areas and 20 meters in agricultural areas from the creeks, sides, river banks and similar waterways. Any person or business establishment who will caught violating this ordinance shall be fined in accordance with any Zoning Fees ordinance passed by the Municipality.
Section 67. Well Drilling. No person shall drill a well without securing a permit from the National Water Resources Board or its deputized agency which will determine the allowable depth, location spacing and manner by which such well may be dug/ excavated. Any person who will be caught violating this ordinance shall be fined P1,500.00 to P2,000.00 as ordered by the Court.