DAVAO CITY (MindaNews / 28 Jan)—In an bid to protect the source of most of the city’s water supply, the City Council of Davao on Tuesday passed on its third and final reading an ordinance declaring the Panigan-Tamugan Sub-watershed as a source-water protected area.
The watershed area is within the “conservation zone” and considered as an “environmental critical area” based on the Davao City Zoning and Land Use Map and 2007 Watershed Code, respectively.
City Councilor Temujin “Tek” Ocampo, chair of the committee on environment and natural resources and the proponent of the ordinance, said it will safeguard the watershed as the primary surface water source for Davao City’s drinking water, which ensures its sustainable management and protection.
The ordinance will protect parts of 10 barangays in Davao City where the watershed is located—barangays Baguio, Cadalian, Carmen, Gumalang, Malagos, Tambobong, Tawan-Tawan, and Wines in Baguio District; and Suawan and Tamugan in Marilog District.
The Davao City Water District (DCWD), in partnership with Apo Agua Infrastructura Inc. (Apo Agua), established the Davao City Bulk Water Supply Project (DCBWSP). It is one of the Philippines’ largest private bulk water facilities, sourcing its water from the Tamugan River, part of the protected watershed.
Apo Agua states that if in full capacity, the DCBWSP can deliver 300 million liters per day of water from the Tamugan River to the DCWD.
The ordinance will prohibit activities harmful to the watershed, including land conversion (e.g., hotels, resorts), unauthorized water drilling (except for water system development conducted by DCWD and other water operators as authorized/permitted by the National Water Resources Board [NWRB] and other governing agencies), open burning and waste dumping, aerial pesticide spraying, unauthorized use of motorized cutting equipment, exploitation of sand, gravel, and quarry resources, unauthorized use of pit privy toilets or toilets without septic tanks; and establishing settlement expansions or new construction outside designated zones.
One of Apo Agua’s press releases reported that it long vowed to ensure full compliance with the terms of its water permit and with all the environmental requirements for the Davao City Water Supply Project, which include maintaining “a minimum amount of flow in the river.
Apo Agua assured that its facilities were “designed and constructed to effectively return any excess water to the river.”
The ordinance will mandate the local government unit to provide P5 million for the purpose, as recommended by the Water Management Council (a multi-agency body) to the City Council, through appropriation either in the annual budget or in any supplemental budgets.
Violators of this ordinance would be fined ₱5,000 and/or up to one year of imprisonment, or depending on the court’s discretion.
For corporations or organizations, the responsible officers (e.g., President, General Manager) will be penalized individually, along with an additional ₱5,000 fine for the entity.
Mark Peñalver, executive director of the environment group Interfacing Development Interventions for Sustainability (IDIS), said they have been long advocating for this ordinance and it is a “win” for the watershed’s much needed protection.
However, Peñalver added that with the passage of the ordinance, he hopes more will volunteer for Bantay Bukid, which is under the supervision of the Public Safety and Security Office (PSSO), to help protect the watershed as well as there are reportedly a number of encroachers still settling near the area.
“Hopefully before the end of year, or maybe before [the midterm] elections, Mayor [Sebastian ‘Baste’ Duterte] will sign the ordinance for its effectivity,” Peñalver told reporters at the sidelines of the city council’s regular session Tuesday.
IDIS also emphasized the role of the indigenous peoples in the community near the watershed, especially the Obu-Manuvu tribe, which was indicated in the ordinance as the group responsible for the watershed conservation, forest protection, biodiversity and wildlife preservation, and ancestral land preservation.
Section 9 of the ordinance states that “existing ethnic and cultural settlement / infrastructure and resettlement of Indigenous Peoples (IPs) communities shall be governed and regulated in accordance with their existing customary laws.” (Ian Carl Espinosa / MindaNews)
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