Republic of the Philippines
Province of La Union
MUNICIPALITY OF AGOO
OFFICE OF THE SANGGUNIANG BAYAN
Section 12.06. Sanitary Permit for Well Drilling. No person shall drill a well without first securing a Sanitary Permit from the Municipal Government for a fee of One Hundred Pesos (Php100.00). A Water Permit shall likewise be applied for with the National Water Resources Board (NWRB) which shall determine the allowable depth, location, spacing and the manner in which such wells may be dug/excavated.
The Municipal Government shall reserve the right to revoke or cancel the Sanitary Permit for the extraction of ground water if this has been found to be detrimental to its sustainability or inimical to other higher priority water uses. In no case shall a permit be issued if it will result to the deterioration of critically important surface waters.
Section 1112.07. A Certificate of Potability duly issued by the Municipal Health Office shall be necessary requirement for the drilling of a well, if the water sourced from the same shall be for drinking purposes.
Section 1112.08. Other Rules in the Utilization of Waters.
A. No person shall raise or lower, or cause the raising or lowering of the water level of a creek, stream, brook, marsh or pond, nor drain the same without the necessary government clearances.
B. Impounding of water that prejudice downstream users is prohibited.
C. Lower estates are obliged to receive the waters which naturally and without the intervention of man flow from the higher estates, as well as the stones or earth which they carry with them. The owner of the lower estate cannot construct works which will impede this natural flow, unless he/she provides an alternative method of drainage; neither can the owner of the higher estate make works which will increase this natural flow.
D. Any person may erect levees or revetments to protect his/her property from flood, encroachment by the creek or change in the course of the creek, provided that such construction does not cause damage to the property of another.
E. When a creek suddenly changes its course to traverse private lands, the owners of the affected lands may not compel the government to restore the creek to its former bed; nor can they restrain the government from taking steps to revert the creek to its former course. The owners of the lands thus affected are not entitled to compensation for any damage sustained thereby. However, the former owners of the new bed shall be the owners of the abandoned bed proportion to the area lost by each.
The owners of the affected lands may undertake to return the stream to its old bed at their own expense; provided that the Municipal Government shall be duly informed thereof and the necessary permits are secured from the Municipal Environment and Natural Resources Office (MENRO) and from the concerned National Agencies. Provided further that work pertaining thereto is commenced within two (2) years from the changes in the course of the stream.
F. Waters of a stream may be restored in a reservoir by a permittee in such amount as will not prejudice the right of any permittee downstream. Whoever operates the reservoir shall, when required, release water for minimum stream flow.
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