Expert urges Philippine water law reforms amid rising scarcity

By Francis Allan L. Angelo

A leading legal expert on water rights has called for urgent reforms to the Philippines’ water laws to address the nation’s increasing water conservation needs.

The Philippines has been experiencing water stress since 2007, with current water availability ranging between 1,000 to 1,700 cubic meters per capita, according to the National Water Resource Board (NWRB).

At a recent forum hosted by the Philippine Institute for Development Studies (PIDS) on the Socioeconomic Research Portal of the Philippines (SERP-P), Atty. Rebyanne Giselle Diaz, head of the NWRB Water Rights Division Litigation and Adjudication, highlighted this critical issue and urged immediate reforms to the country’s water laws.

Atty. Diaz, who has extensive experience with the Philippine Competition Commission, emphasized several legal challenges that hinder effective water conservation in the country. She discussed the historical and legal underpinnings of the current water law regime, noting that existing principles, such as beneficial use and prior appropriation, are rooted in concepts from the Spanish and American colonial periods.

“These legal principles were established in a different era, under different circumstances,” Diaz explained. “Our laws were shaped by historical events such as the American gold rush and fears of monopolization by large trusts. However, these concerns are not fully aligned with the contemporary need for sustainable water management.”

The core of Diaz’s presentation focused on how the current legal framework inadvertently disincentivizes water conservation among appropriators—those who hold rights to use water. Under existing laws, water rights are tied to beneficial use, which requires full utilization of allocated water to avoid forfeiture. Diaz argued that this principle discourages water users from reducing consumption, even when they could do so more efficiently.

“There’s a clear disconnect between the conservation of water and the concept of beneficial use,” Diaz stated. “Our current system pressures appropriators to use water at historical rates, which stifles innovation and sustainable practices.”

To address these issues, Diaz proposed several regulatory changes, including requiring water permit applicants to implement water conservation and efficiency plans. These plans could become a condition for obtaining permanent water permits and could also be used to assess applications for increased water allocation.

“Water conservation should be recognized as a valid form of appropriation,” she argued. “We need to redefine our legal frameworks to support this, ensuring that water conserved is water beneficially used.”

Diaz also called for a more proactive approach from government agencies in managing water resources. She advocated for empowering agencies like the NWRB to make real-time adjustments to water allocations based on present and future needs, rather than being constrained by historical precedents.

“The challenge now for policymakers is to reduce the active legal incentives against the reduction of water use to support future supplies,” she said.

The PIDS event was delayed by a week due to heavy rainfall, a situation Diaz found ironic.