ARTICLE 95. Within two (2) years from the promulgation of this Code, all claims for a right to use water existing on or before December 31, 1974 shall be registered with the Council which shall confirm said rights in accordance with the provisions of this Code, and shall set their respective priorities.
When priority in time of appropriation from a certain source of supply cannot be determined, the order of preference in the use of the waters shall be as follows:
a. Domestic and municipal use
b. Irrigation
c. Power generation
d. Fisheries
e. Livestock raising
f. Industrial use, and
g. Other uses.
Any claim not registered within said period shall be considered waived and the use of the water deemed abandoned, and the water shall thereupon be available for disposition as unappropriated waters in accordance with the provisions of this Code.
ARTICLE 96. No vested or acquired right to the use of water can arise from acts or omissions which are against the law or which infringe upon the rights of others.
ARTICLE 97. Acts and contracts under the regime of old laws, if they are valid in accordance therewith, shall be respected, subject to the limitations established in this Code. Any modification or extension of these acts and contracts after the promulgation of this Code, shall be subject to the provisions hereof.
ARTICLE 98. Interim rules and regulations promulgated by the Council shall continue to have binding force and effect, when not in conflict with the provisions of this Code.
ARTICLE 99. If any provision or part of this Code, or the application thereof to any person or circumstance, is declared unconstitutional or invalid for any reason, the other provisions or parts therein shall not be affected.
ARTICLE 100. The following laws, parts and/or provisions of laws are hereby repealed:
a. The provisions of the Spanish Law on Waters of August 3, 1866, the Civil Code of Spain of 1889 and the Civil Code of the Philippines (R.A. 386) on ownership of waters, easements relating to waters, use of public waters and acquisitive prescription on the use of waters, which are inconsistent with the provisions of this Code;
b. The provisions of R.A. 6395, otherwise known as the Revised Charter of National Power Corporation, particularly section 3, paragraph (f), and section 12, insofar as they relate to the appropriation of waters and the grant thereof;
c. The provisions of Act No. 2152, as amended, otherwise known as the Irrigation Act, section 3, paragraphs (k) and (m) of P.D. No. 813, R.A. 2056; Section 90, C.A. 137; and,
d. All decrees, laws, acts, parts of acts, Rules of Court, executive orders, and administrative regulations which are contrary to or inconsistent with the provisions of this Code.
ARTICLE 101. This Code shall take effect upon its promulgation.
Done in the City of Manila, this 31st day of December, Nineteen Hundred and Seventy-Six.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
