THE so-called primacy of public protection and right to clean and potable water is undermined with the controversial hydropower plant set to be implemented by Hedcor-Aboitiz in Barangay Tamugan, Marilog district, which is a critical water resource area. It is a looming threat to the city's future water supply.

The National Water Resource Board has identified Davao City as one of the critical areas in the country where water is consumed intensively. Experts have identified the Tamugan-Panigan as the city's last resource of potable water in terms of quality and quantity that could meet the city's demands.

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The operation of the private corporation's power plant project will divert the natural terrain of the river in order to augment the flow rate of water needed to operate the hydropower, which will result in the drying up of the Talomo River, a recharge area for Dumoy which is the source of the city's groundwater.

The mounting public opposition to the project only shows the sense of responsibility of Dabawenyos to protect the water resource and the assertion of the community to public safety, protection, and claim of their right to clean and potable water. No amount of threat could stop the public from protecting themselves and hinder anyone to their right to expression.

While studies show the adverse effect of diverting the natural terrain of the water to augment the flow rate of water in the watershed areas, DENR, in its ECC dated March 13, 2009, pointed out that the use of the Tamugan and Panigan Rivers both for the city's drinking use and power source can co-exist. "This Office has been and will always uphold and adhere to the primacy of water over and above other usages in so far as river water is concern." How DENR has upheld the primacy of water over and above other usages appears to be contradictory to its decision.

The watershed areas are identified as vital ground recharge zones for the aquifer where the city gets its supply for drinking water. The Davao City Watershed Code was passed into law to protect watershed areas and other aquifer including surface water resources like rivers, creeks, and other sources of water that are vital to public health, welfare, and economic development. It prohibits the entry of any activities that would destroy the city's aquifer.

When environmental sustainability is threatened by corporate interests, it is the primordial responsibility of the public to raise attention to it. It is also the duty of the government to ensure the primacy of water over and above commercial interest. It is also within government's mandate to uphold the law and ensure that laws are not trampled upon by big corporate interests.

EMB-DENR could have done a better job by conducting a thorough assessment on the impact of the proposed project on the city's environment and consulting the community before issuing the Environmental Compliance Certificate. It is expected to consider local legislation such as the Davao City Watershed Code that prohibits activities in environmentally critical areas in its decision.

With the assistance of the national government, the hydropower project is set to undermine Dabawenyo's fundamental right to water. But it is the right of every Dabawenyo to ensure that lines are not blurred and local laws are upheld.

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