Davao City’s water code hits another snag

DAVAO CITY, Philippines - After eight years, the implementing rules and regulations for the Davao City Water Code has finally been drafted. But even with an IRR, the ordinance cannot be implemented without a memorandum of agreement (MOA) between the city and the National Water Resources Board (NWRB) deputizing the city to manage its own water sources. Councilor Pilar Braga, author of the Ordinance No. 117-01 or the Water Resources Management and Protection Code of Davao City otherwise known as the Water Code, said the final draft of the IRR was already completed by the joint executive-legislative technical working group and needs only to be signed by City Administrator Wendel Avisado on the mayor's behalf. However, this move would prove futile, as there is no MOA with the NWRB yet. Last May, Braga headed the seven-man City Government delegation to meet with NWRB officials to force the issues of the Water Code, which is anchored on Presidential Code 1067 or the Philippine Water Code of 1976. Braga, however, said the NWRB had pointed out items in the code that need revision. According to him, the definition of "domestic purpose," the inclusion of surface water in the scope of protection and the clarification of the city's "protected areas" need clarification. "It was agreed by all parties that since amending the ordinance would be a lengthy process, corrections or revisions will be integrated in the Memorandum of Agreement and/or the Implementing Rules and Regulations (IRR)," Braga said. Braga said NWRB Executive Director Nathaniel Santos also assured them that the NWRB board would be going over the proposal of the joint delegation from Davao regarding the Memorandum of Agreement and the deputization during the board meeting on February 20, 2008. "We have been asking NWRB for so long but until now wala pa rin," Braga said. The Water Code aims to protect the city's water resources like recharge areas, rivers and springs while its complementary ordinance, the Watershed Code protects the upland water sources known as watersheds. The Watershed Code which was passed in May 2007 had its IRR completed last week and ready for implementation though it came later than the Water Code. The Water Code was approved last February 2001. With the IRR, a Water Resource Management Council is formed. The council is an inter-departmental body, headed by the mayor. It is the lead coordinating, implementing and monitoring agency for any activity of the city government in the management, conservation, utilization and development of the city's water resources. The council will be chaired by the mayor and the members will be representatives from the DCWD, City Health Office, City Engineer's Office, and some NGOs. To fund the Council's operation and function, an initial amount of P3 million shall be allocated as mobilization funds. The money will be sourced from the General Fund of the city's annual budget. Some key provisions of the code include the identification and declaration of areas within the city as water resource areas, including water recharge areas, rivers, springs and acquifers, protecting them from being exploited. In the IRR, Calinan to Dacudao, Calinan to Malagos and Sirawan are declared protected water resource. Drilling of free flowing wells in water resource areas is prohibited, including massive land activities that could affect the utilization and protection of water resources. Sanitary landfill, cemetery and underground oil storage tanks are also not allowed in identified water resource areas. No person should be allowed to engage in the business of drilling or operating wells, whether test wells or production wells, without first registering as well driller or operator with the City Council. – Sun.Star Davao