Republic of the Philippines Department of Environment and … · 2014-08-26 · Republic of the Philippines Department of Environment and Natural Resources NATIONAL WATER RESOURCES

Republic of the Philippines Department of Environment and Natural Resources

NATIONAL WATER RESOURCES BOARD

1103 0611 RESOLUTION NO.---,----..,---

Revised Policy on Granting of Water Rights Over Surface Water for Hydropower Projects

The NATIONAL WATER RESOURCES BOARD ("the Board"), a government institution, created and existing under Philippine laws, with office address at 8111 Floor NIA Building, EDSA, Quezon City, states :

WHEREAS , the Board as the agency responsible for the management of water resources is mandated undet the Water Code of the Philippines (Presidential Decree 1 067), to regulate the utilization of water through the water rights system. A water permit is issued for different purposes: municipal, irrigation, power generation, fisherie2, livestock raising, industrial , recreational and other purposes;

WHEREAS, to ensure equitable policy in grantiilg water permits, technical guidelines were developed. Power generation as defined in the Water Code of the Philippines is the utilization of water for producing electrical or mechanical power. For all types of hydropower projects (i .e. reservoir hydroelectric power plants, run-offrfver·hydroelectric plants without ponci and run-off river hydroelectric plants with pond, etc.) the Board uses the flow dur::ttion curve in computing hydropower potential based from the 80% of the time dependable flow with due consideration on the environmental or minimwn flows to be maintained in rivers;

WHEREAS, the thrust of the Department of Energy (DOE) is to harness and maximize renewable energy (i .e hydropower) as potential source of power to meet increasing demand as well as to adopt a climate change adaptation strategy;

WHEREAS, there has been concerns that the computation of 80% dependable flow for rivers in allocation of water for hydropower projects reduces their optimum rated power capacity. Hence, there is a need to review the existing NWRB policy to be responsive to current issues and concerns;

NOW THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to adopt the following policies in granting water rights for all types of hydropower projects:

1. Water Permit Applicaiion

Water Permit Application shall include existing docwnentary requirements together with DOE Certificate of Registration and DOE Certificate of Endorsement of the project.

8TH Floor NIA Bldg., EDSA, Diliman, Quezon City, PHILIPPINES 1100 Tel. (63.2)9282365, (63.2)9202775, (63.2)9202693, Fax (63.2)9202641, (63.2)9202834

www.nwrb gov.ph

2. Conditional Water Permit

a. The Conditional Water Permit (CWP) shall be; valid for a period of two years upon approval of the Board and may be extended for one year upon request by the applicant stating the reason.

b. The CWP Permit shall be revoked automatically upon the expiration of the Renewable Energy (RE) Contract with DOE.

• water permit shall be issued after compliance on the conditions stipulated on said permit.

• water permit may be revoked/cancelled, upon recommendation of DOE and/or if violations on PD 1067 was committed, after due notice and hearing.

3. Technical Evaluation ....

a. In general, dependable flow of rivers, which is 80% of flow duration shall be used in technical evaluation to determiJ:W~ th~ available water to be allocated (maximum amount to be granted in fae water. permit application) and an environmental flow of 1 0% of the depenctable flow shall be retained .

. b. New water permit applications for hydropbwer over sites located upstream of the

diversion point within the river system of existing CWP holders shall only be accepted upon endorsement by the DOE.

c. For applications, requiring more than. the 80% dependable flow, the following additional documents shall be required:

• Hydrologic Study with annual energy generation estimate as well as the production capacity of the plant based from technical description of the facilities (turbine type, installed capacity, head, etc.) duly certified by the Department of Energy as to technical accuracy of data/information.

• Type of hydropower projects, schematic development plan indicating the location of the diversion point and the power house with their elevations and distance.

• Assessment of possible effect or impact of the hydropower project on the ecological integrity ofthe river system.

• The amount of water to be granted shall be based on the amount of water available from the source, discharge applied for and discharge required, whichever is applicable

2

City.

f

Eo a o s 1 3 4. Other conditions in the Water Permit

a. To submit operation rule

b. Gauging stations shall be installed upstream and downstream of the diversion point to measure the inflow and outflow.

c. Proponent shall submit to NVv'RB the following data on a monthly basis:

• the daily record of actual water utilized and power generated • the daily record of streamflow data • other relevant data/information that maybe required by the Board

d. The NWRB in collaboration with the Department of Energy shall monitor the co~pliance set in the Water Permit and related policies issued by the Board.

e. Other conditions that may be required by tlie Board:

IN WITNESS WHEREOF, we have hereUlltO set_~ur h.and this June 14,2013 in Quezoc.

1- Sec. Ramon Jesu~~' DENR ;C~-airperson) rep. Use~~ if;;r:~trio L. Ignacio Jr

Dir. Gen. Ars~n, NEDA (Vice Chair) rep. Deputy Dir. Gen. Rolando G. Tungpalan

Members:

Sec.~OsT ~rep. Dir. Eduardo V. Manalili

Dir. Gl-::Q. ~.:.:ll, NHRC-UP

3

Republic of the Philippines Department of Environment and Natural Resources

NATIONAL WATER RESOURCES BOARD

Policy Guidelines on Granting of Water Rights Over Surface Water for Hydropower P rojects

Adoption of the followi ng polic ies with guidelines in granting water rights for all types of hydropower projects:

1. Water Permit Application

Water Permit Application shall include existing documentary requirements together with DOE Certificate of Registration and DOE Certificate of Endorsement of the project.

Guidelines:

a. All applications shall be filed in the prescribed j~}-m sWorn to by the applicant and supported by the following documents:

a.l. Proof of land ownership, legal title to, or right to use, the property on which the water source is situated; Right to use the land from appropriate government

agency in case the water source is located :r_v it~in' inalienable land or public domain;

a.2. Certificate of Registration from relevant agencies i.e. Department of Trade and

industry (DTJ), Cooperative Development Authority (CDA), Securities and Exchange Commission (SEC) with Articles of Incorporation (for Corporation or Association) including Corporate Secretmy 's Certification on present capital structure stating the citizenship and the number ofshares ofeach stockholder;

a.3. Schematic Diagram of proposed development / Vicinity Map/Location Plan with

scale 1:10,000 or 1:50,000 showing the exact location of the point of diversion;

a.4. Brief description of the project stating among others , how water will be used, amount of water needed, power to be generated, etc.;

a.5. Environmental Environmentally

Critical Area.'>)

Compliance Certificate (for projects Critical Projects or projects located in or Certificate of Non-Coverage from

Environment and Natural Resources (DENR) -Regional Office;

considered as Environmentally Department of

a. 6. Certificate of Registration and Endorsement of the Project ji-om Department of Energy (DOE) ; and

a. 7. Such other documents that may be required by the Board.

8TH Floor NIA Bldg., EDSA, Diliman, Quezon City, PHILIPPINES 1100 Tel. (63.2)9282365, (63.2)9202775, (63.2)9202693, Fax (63.2)9202641, (63.2)9202834

www.nwrb.gov.ph

'-

b. Processing of Water Permit Application shall be in accordance with Sec 9 and 10 of the Amended Implementation Rules and Regulations (IRR) of the Water Code ofthe Philippines.

2. Conditional Water Permit

a. The Conditional Water Permit (CWP) shall be valid for a period of two years upon approval of the Board and may be extended for one year upon request by the applicant stating the reason.

Guidelines:

a.J. The Board shall approve/disapprove Water Permit Application in accordance with Section 13 of the IRR of the Water Code of the Philippines.

a.2. Approved applications shall be issued with a Conditional Water Permit (CWP) valid for a period of two years upon apJ!fovaL of the Board and may be extended for one year upon request by the applicant stating the reason therein, with the If conditions: -;; ~ "',

, .. •

i. Upon receipt of a copy of the CWP, the .. grantee shall manifest in writing his acceptance thereof with all its terms and.~onditions .

.. ,..~

ii. Within two (2) years from the date hereof,. the grantee shall submit:

ii.l.

ii.2.

ii.3.

ii.4.

ii.5.

Right. to use the land from appropriate government agency in case the water source is located within inalienable land or public domain; Copy of the plans and specifications for the diversion works, pump structure, water measuring device and other required structures; Actual daily streamflow data measuremen( of the proposed water source; Environmental Compliance Certificate /Certificate of Non-Coverage issued by DENR; and Free and Prior Informed Consent (FPIC) from National Commission on Indigenous People (NCIP)

iii. The grantee .shall install and maintain water control and measuring devices to monitor water level and releases/extraction and keep records of water withdrawals to be submitted to the Boqrd in a quarterly basis

iv. The grantee s'hall pay the appropriate annual water charges during the validity of the Conditional Water Permit.

a.3. If the applicant fails to comply with the conditions set forth under the Conditional Water Permit within the two- year period, the said permit shall be considered automatically revoked However CWP may be extended/or another one year, upon request prior to its expiration, under justifiable circumstances.

2

'-··

b. The CWP Permit shall be revoked automatically upon the expiration of the Renewable Energy (RE) Contract with DOE.

Guideline:

The NWRB in coordination with DOE shall be informed in writing of the expiration of Renewable Energy Development Service Contract of the proponent.

b.l Water permit shall be issued after compliance on the conditions stipulated on said permit.

Guideline:

Water Permit will be issued upon compliance of the applicant with the conditions set forth under the Conditional Water Permit.

b.2 Water permit may be revoked/cancelled, upo.Q- recommendation of DOE and/or if violations on PO 1067 was committed, after-due notice and hearing . .

b.3. The Water Permit shall be considered revokej"~r c"'ancelled once the Renewable Energy Service/Operating Contract is deniel_imd /or cancelled with finality by the DOE.

3. Technical Evaluation

a. In general, the 80%-dependable flow of rivers shall be used in technical evaluation to determine the available water to be allocated (maximum amount to be granted in the water permit application) and an e,nvironmental flow of 0.1 of the 80%-dependable flow shall be retained.

Guidelines:

a. I The available water for appropriation in a river is 0. 9 of the 80%-dependable flow.

a.2. Total water usage, both consumptive and non consumptive, of existing water permittees in the particular watershed system shall likewise be considered

b. New water permit applications for hydropower over sites located upstream of the diversion point within the river system of existing CWP holders shall only be accepted upon endorsement by the DOE.

c. For applications, requiring flow capacity more than the 80%-dependable flow, the following additional documents shall be required :

In addition to the documentary requirement for filing application mentioned above the following documents shall be required:

3

c. I. Hydrologic Study with reliability of finn water and finn energy generation estimate as well as the production capacity of the plant based from technical description of the facilities (turbine type, installed capacity, head, etc.) duly certified by the Department of Energy as to technical accuracy of datalinfonnation.

Guideline:

The hydrologic study shall include the following:

i. Technical description of the following facilities:

i.l . weir/dam (runoff the river) i.2. dam with reservoir area, storage capacity versus water levels

(reservoir type) with provision of facility for the release of required environmental flow

i.3. turbine. (type/ specifications) i.4. Penstock and tailrace and diversion re.f~ch

ii. Other data for operation such as:

Riverjlows Rainfall data

'• . ii.l . ii.2. ii.3. ii.4.

Power to be generated in KWHIMWJi -.;;;>

Other operational data

c.2. Type of hydropower projects, schematic development plan indicating the location of the diversion point and the power house with their elevations and distance.

Guideline:

The plan for any type of hydropower project shall include the following:

i. Vicinity map showing the proposed hydropower plan ii. Geographical coordinates of water source/diversion, location of dam/weir

and the power house iii. Schematic diagram showing the reservoirlstorage/headpond, river course,

dam/weir, powerhouse, penstock, tailrace, diversion reach, access roads and transmission lines, net head

c.3 . Environmental/ecological study of possible effect or impact of the hydropower project on the river ecosystem

Guideline:

In addition to the submission of ECC, the proponent shall submit a sustainability plan to prevent or mitigate the adverse impact to the river ecosystem.

4

c.4. The amount of water to be granted shall be based on the amount of water available from the source, discharge applied for and discharge required, whichever is applicable.

Guidelines:

i. Available flow shall be based on the result of evaluation of hydrologic and ecological studies as well as operational data submitted

ii. Total water usage, both consumptive and non consumptive, of existing water permittees in the particular watershed system shall likewise be considered

4. Other Conditions in the Water Permit

a. To submit operation rule. "•\

Guidelines:

i. The operation rule shall include operation guidelines. ii. The operation rule shall be subject for Board's app~oval. iii. The operation rule shall be reviewed every thre?;years.

b. Gauging stations shall be installed upstream and downstream of the diversion point to measure the inflow and outflow.

Guideline:

The proponent shall install gauging stations with measuring device for iriflows and outflows in the reservoir and at the tailrace end to measure the water diverted back to the river.

c. Proponent shall submit to NWRB the following data on a monthly basis:

c.l. the daily record of actual water utilized and power generated c.2. the daily record of streamflow data c.3. other relevant data/information that maybe required by the Board

Guideline:

The following data shall be submitted by the proponent to NWRB in a monthly basis:

i. For any type of hydropower project:

i. I. the daily record of streamflow data, actual water utilized and power generated

5

ii. For a reservoir type hydropower project:

ii. 1. daily reservoir water level compared to the rule curve ii.2. daily record of inflows and outflows ii.3. Utilization rate

d. The NWRB in collaboration with other concerned agencies shall monitor the compliance set in the Water Permit and related policies issued by the Board.

Guidelines:

i. The NWRB in coordination with DOE and other concerned agencies shall be provided with relevant operation data as provided by the hydropower operator/water permittee.

ii. The NWRB and DOE and other concerned agencies shall jointly monitor the compliance of the water permittee.

This policy guidelines was passed and approv~d on 'october 16, 2013 during the NWRB ' s 123rd Board Meeting, pursuant to NWRB Board Resolution No. 03-0613 dated June 14, 2013 on the " Policy on Granting Water Rights over Surface Water for

.;. Hydropower Projects".

6

Republic of the Philippines Department of Environment and Natural Resources

NATIONAL WATER RESOURCES BOARD

l!liiental Policy Guidelines on Granting of Water Rights Over Surface Water for Hydropower Projects Requiring More Than 80%-Dependable Flow and Granting of

Increase in Volume for Approved Water Permits

The National Water Resources Board (NWRB) issues water permit for projects based from water availability computation of80% of the time dependa

In consonance with the current thrust of the Department of Ener and maximize renewable energy as a viable source of power, and n increasing energy requirements of the country as well as to adopt a c · strategy, the Board issued NWRB Board Resolution No. 03-0613 "Revised Policy on Granting of Water Rights Over Surface Water which allows the use of more than 800/o dependable flow in a rive; 011Mn~ technical evaluation of the water permit application for hydropo amount of Wl¢er available that will correspond to the amount water permit · Pursuant to this, the Board during its 123rd regu meeting held on October 16, 2013, the NWRB Board. passed and approved the "Policy idelines on Granting of Water Rights over Surface Water for Hydropower Projects".

In gran • g water rights for up to the 80o/o-d pendable flow or I environmental ecological purpo dependable flow NWRB requires

1.

a. An inventory of the flora and fauna and the current environment (ecological condition) of the area without the project supported by data and photos.

b. Identification of the possible impacts (positive and negative) of the proposed project to the existing environment and river ecosystem. Impacts to be presented in numerical values can be determined through simulation using for instance, the

8THFioorNIABidg., EDSA, Dillman, Quezon City, PHILIPPINES 1100 Tel. (63.2)9282365, (63.2)9202n5, (63.2)9202693, Fax (63.2)9202641 , (63.2)9202834 ' www.nwrb.gov.ph

HEC-RAS, model of the U.S. Army Corps of Engineers which is a river hydraulic model covering sediment transport and water quality as well as modeling hydraulic structures such as culvert, bridges, levees and storage areas.

c. Detailed analysis of the impacts supported by scientific data together with the mitigating measures that will be implemented.

The analysis and results should be able to compare the hydraulic conditions as well as environmental or ecological conditions: I) without the project based on historical hydrology; 2) with the project based on historical hydrology; and 3) with the project under certain future hydrology due to projected land use changes and climate change. In case 3, certain mitigating measures or alternative actions may be included in the analysis and simulation studies.

Water quality parameters such as turbidity, temperature, dissolved oxygen and sediment yield shall be included in the analysis through model simulations (e.g., using the HEC-RAS computer model). Simulation results shall be compared with the following allowable values:

Parameter Unit Allowable Values

Temperature oc rise 3 (maximum rise)* Dissolved oxygen milligrams/liter 5 (minimum) *

(mg/1) Color or turbidity No abnormal

discoloration from unnatural causes*

Sediment yield (for basin ton/sq. km./year I** area of more than I 00 sq. km.) . .

• DENR Admtmstrattve Order No. 34 Sertes of 1990 ** Erosion and Sediment Yield: Global and Regional Perspectives by Walling

and Webb; International Association of Hydrological Sciences (IAHS) Publication No. 236

The affected environment is the existing condition that will be used as the baseline against which to measure the effects of the proposed project and any alternative actions.

2. Applications using irrigation canals as source do not require environmental/ecological study and sustainability plan. However, the applicant shall submit the following:

a. Authorization from the owner of the irrigation canal for the right to use the canaVirrigation facility by the hydropower project proponent and/or Memorandum of Agreement between the hydropower project proponent and the owner of the irrigation canal stipulating the obligations of each party under certain conditions.

b. Scheme of the project development.

3. For applications in which the available discharge to be granted is less than the amount of water applied for/required, a business model/viability plan of the hydropower project

is required for submission to NWRB to prove that the objective of the project can still be met with the amount of water granted. Presentation of such plan by the project proponent to the NWRB Board may be required.

4. For approved water permits, petitions for. increase in volume .for hydropower projects, requires submission of environmentaVecological study and sustainability plan to the NWRB. Otherwise, the request will be denied.

This supplemental policy guidelines was passed and approved on March 19, 2014 during the NWRB Board' s 128lh meeting, pursuant to NWRB Board's Resolution No. 03-0613 dated June 14, 2013 on the "Policy on Granting Water Rights Over Surface Water for Hydropower Projects ".

SEVILLO A~. JR., Ph.D. Executive Director