Sunday, August 15, 2004 DOJ opinion sought on water levy
WATER districts in the country, including the Metro Cebu Water District (MCWD), are asking the Justice department to opine on two conflicting views about collecting P1 levy from private commercial well operators.
The move came as a water cooperative in Mandaue City refused to pay MCWD P1 for every cubic meter of water it (cooperative) distributes to its members.
MCWD board chairman Ruben Almendras told Sun.Star yesterday the Philippine Association of Water Districts (PAWD) has brought the conflicting interpretation on the collection of water assessment fee to the Department of Justice (DOJ).
MCWD charges P1 per cubic meter as water assessment fee.
Private commercial well operators, including water distributors, claim that the authority of water districts under Presidential Decree 198 to collect fees has been repealed with the creation of the National Water Resources Board (NWRB).
Charge
PD 198 is the law that created local water districts.
But PAWD asserts that no law repeals the authority of water districts to collect fees within their own area of jurisdiction.
MCWD has asked private commercial well operators and water distributors to enter into a memorandum of agreement, acceding to pay P1 per cubic meter of water they extract from the aquifer.
“They extract from the aquifer and make profit from it. They should also contribute in the reforestation of the watersheds to recharge water sources,” Almendras said, adding that the P1 per cubic meter levy will be used to reforest watersheds in Cebu.
But Emigdio Bustillo, general manager of the Casuntingan Community Multi-purpose Cooperative Inc., cited sub-paragraph (d) of Article 3 of the Water Code, which states that the “utilization, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Board.”
Bustillo, in a letter to MCWD general manager Armando Paredes dated Aug. 3, said the cooperative is only “filling your inefficiency” by serving areas not served by the water district.
Almendras said MCWD “puts a little pressure” on private well operators to pay the P1 levy per cubic meter or the water assessment fee by citing provisions in the law.
He said MCWD will continue collecting the fee unless told by the DOJ to stop.
In the case of cooperatives, he said MCWD will pressure them to pay the fee if their water rates are high.
(August 15, 2004 issue) Write letter to the editor.Click here. Join the Sun.Star message board.Click here.
