I THOUGHT that by the 3rd series we would have wrapped up the issues and concerns concerning the MOA involving water extraction by and between the LGU of Balilihan and the BWUI. But as it turns out, I still need to dedicate one or two more columns to finish the independent review of our resource lawyer who said: “I have ‘assumed’ the position as counsel for the ‘people’, because water rights is human rights.”
According to her, “the review is strictly based on the letter and provisions of the four corners of this contract.”
For those who have missed the previous articles, just click on this link: https://www.panaynews.net/author/belindasales/.
Proceeding now to Municipality’s Obligations, the lawyer highlighted this: PD 1067 IRR (Water Code) provides:
Section 55. Requirements of Water Resources Projects/Programs – Project/program proposals shall contain indicators of socio-economic justification, relationship to the National Development Plan, impact statement on the sector’s project/program supports and complement, regional impact statement, environmental impact statement, and such as other information as the Board may require, including the submission of a project study or pre-feasibility study for that matter. Projects, such as artesian wells, spring development and barangay waterworks for purely domestic and municipal use, and such other small-scale projects as the Board may determine, shall be exempted from this requirement.
Question: Did the municipality or BWUI submit these requirements? If yes, these should be made available to the public.
“The MUNICIPALITY shall allow BWUI to exercise the extension and expansion of its market development and sales efforts, provided that the extraction shall not exceed the maximum amount of water allowed to be extracted; provided further that BWUI shall not interconnect with any other water utilities where the water supply is extracted from the MUNICIPALITY; provided further that the water extracted by BWUI shall be for the exclusive use of BWUI and its service area.”
Question: Expansion even in Balilihan? This blanket authority authorizes BWUI to expand its market, service area, and sales even in Balilihan. Is this the intention? If yes, then should not Balilihan haggle for better economic terms and conditions for Balilinhon clients? Such as almost “at cost” water bill?
“Should the MUNICIPALITY opt to buy bulk water from BWUI, the MUNICIPALITY shall pay to BWUI Php 14.00 per cu.m. subject to adjustment due to price fluctuation in operation and maintenance cost of BWUI as stipulated in item II. – Price Adjustment.”
Question: Why not at cost? Or why not with bigger discount? Will the bulk water be free from extraction fee or not? The Municipality should still be able to collect extraction fee if they will buy bulk water at market price.
“The MUNICIPALITY, through the Philippine National Police, shall assist in providing security and protection and for safety and smooth operation of the water facilities of BWUI.”
Question: Was the PNP consulted? Why volunteer another government organization not privy to the contract? If this is a private endeavor, why involve the PNP? BWUI should hire its own security.
“The MUNICIPALITY shall provide the necessary counterpart support measures for the sustainability of its water by way of municipal ordinances for water conservation and establishment of watershed areas and to campaign against slash and burn farming or “kaingin”.”
Comment: The present SB cannot commit for the future batch of SBs. The present SB should instead pass ordinances and resolutions that reflect such intention.
“The MUNICIPALITY shall assist BWUI in securing the necessary right/s-of-way and resolving right-of-way problems that may arise as a result of the installation of the transmission mains, pumping stations, and other future facilities necessary for the operation of the pumping stations. However, BWUI shall be responsible in the payment of reasonable compensation to landowners whose lands are affected by reason of the installation of its water facilities.”
Question: Assist in what way? BWUI is a private business. It is not a government project that needs assistance from the LGU. The Municipality should not volunteer itself as agent of BWUI. PD 1445 Sec. 4.2 states: Government funds or property shall be spent or used solely for public purposes. This includes government employees’ time since they are paid for by the government.
“The MUNICIPALITY shall maintain its waterworks system (piping network, service connections and facilities). System loss and other non-revenue water after the flow meter shall be the responsibility and sole accountability of the MUNICIPALITY.”
Question: Is this in anticipation of losses that the Municipality may incur because of “shared” water permit arrangement with BWUI? (To be continued)
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Writer can be reached at belindabelsales@gmail.com. Twitter @ShilohRuthie./PN
