The plans of the local government unit (LGU) of Balilihan to finally realize its own robust waterworks system remain alive, despite the cancellation by the National Water Resources Board (NWRB) of the LGU’s Conditional Water Permit (CWP).
Balilihan mayor Pureza Veloso-Chatto expressed optimism that the thrust of her administration to deliver affordable and safe water supply to every portion of the town will continue even with the present debacle.
The mayor finally revealed in an interview over Newsmakers ug Uban Pa on July 15, 2022 that there are still remedies available for the LGU despite the water permit cancellation of the CWP.
She said the NWRB may have cancelled the town’s CWP, but the door remains open as the agency said the cancelation carries without prejudice either the filing of another CWP or the filing of a motion for reconsideration on the latest ruling.
She added that the NWRB ruling is not yet final and the dream of Balilihan to have its own solid waterworks system is still alive.
Mayor Chatto also said that she finally received a copy of the NWRB ruling regarding the cancellation of the town’s CWP via an email message late afternoon of July 11, 2022.
She lamented that the interested party, which is the LGU of Balilihan, was unable to get a copy of the order and only first learned about the decision based on newspaper, radio reports and posts on social media.
“Nag check jud ko sa NWRB, ug unsa man ni ka tinood [ang cancellation sa CWP] nga naa naman sa balita sa newspaper, sa radyo, sa social media, pero kami nga hingtungdan, ang Balilihan local government unit, wala pay kopya. So, ingon ang NWRB ilang subayon, ug tinood man nadawat nako pagka Lunes sa mga alas 4:57 siguro to sa hapon, gipadala sa e-mail,” Mayor Chatto narrated the circumstances of the receipt of the NWRB ruling during the radio interview.
It can be recalled that Richli Water, a water distribution company operating in Bohol, filed a petition to cancel Balilihan’s CWP at Bugwak Spring but initially dismissed by the NWRB back in Sept. 2021.
Richli Water filed a motion for reconsideration and asked for an ocular inspection by Dec. 2021 and the results came out recently where the NWRB decided to cancel Balilihan’s CWP, according to Mayor Chatto.
The LGU Balilihan embarked on a centralized bulk water supply project worth P90 million funded mainly from the national government and the project is 95% complete.
BACKGROUND
According to reports, the NWRB cancelled Balilihan’s CWP after determining the exact location of Bugwak Spring, which is the identified source of Balilihan’s water.
Reports have it that Balilihan’s CWP was ordered by NWRB Executive Director Dr. Sevillo David, Jr., by authority of the NWRB Board on June 2, 2022.
The order mentions that the cancellation is without prejudice to the filing of an application for a water permit by LGU Balilihan upon compliance with the provisions of the Water Code of the Philippines.
The NWRB ruled that based on the ocular inspection, it was determined that the location of Bugwak Spring is in barangay Magsaysay, Sevilla town.
Thus, the diversion point indicated in the water permit application (WPA) of LGU of Balilihan is not located in the area indicated in the application. Balilihan placed in its application that Bugwak Spring is in barangay Sto. Niño in Balilihan.
Inaccurate data and information as to the exact location of Bugwak Spring as indicated in the WPA, which led to its inability to place a notice in the right jurisdiction was one of the reasons for the Balilihan’s CWP cancellation.
The NWRB granted LGU Balilihan a CWP to extract water from Bugwak Spring with a volume of 227.18 liters per second (LPS) on January 27, 2020.
Likewise, a CWP was granted to Richli Water on Nov. 18, 2020, with a volume of 894.47 LPS. This came following the dismissal of the protest filed by LGU Balilihan on Sept. 13, 2021.
MAYOR CHATTO’S REACTION
The mayor said that when filing for a WPA, a national agency provides assistance to an applicant, which is in this case, the LGU-Balilihan.
The national agency is the one providing technical expertise to the LGU. Mayor Chatto identified the national government agency that helped the LGU in its WPA as the National Irrigation Administration (NIA).
The mayor claims that the NIA was the one which identified the diversion point, which LGU Balilihan indicated in its WPA with the NWRB. The NIA said the diversion point is in barangay Sto. Niño.
“I presumed, I would like to believe nga nakita nila [NWRB] ang location nga among gibutang, which is Sto. Niño. Kun diha pa toy problema sa location na corrected unta mi,” the mayor said in the interview.
The mayor had the impression that as the NWRB issued a CWP to LGU Balilihan, the town government was on the right path in realizing its waterworks project.
The mayor added: “Diniyos man tong atong gi-fill upan, ug gipirmahan sa NIA, gipirmahan pud sa NWRB, mao to nagtuo mi nga sakto mi.”
Mayor Chatto said if only the NWRB scrutinized the WPA, the LGU could have been corrected regarding the location of the diversion point.
“Dili unta kami [LGU Balilihan] ang pakasad-on niadto, tungod kay limpyo ang among konsensya nga mibutang [sa diversion point] adto [sa WPA],” Mayor Chatto quipped.
SHOW CAUSE
The mayor also gave her thoughts on the show cause order allegedly ordered by the NWRB to Richli Water.
Reportedly, Richli Water’s CWP is under scrutiny as based on the NWRB’s ocular inspection at Bugwak Spring, Richli Water allegedly indicated on its WPA that the diversion point is in barangay Lourdes, Cortes town, according to Mayor Chatto during the radio interview.
The Balilihan mayor quipped that as Richli Water was granted a CWP coming from the NWRB to draw water from Bugwak Spring in Nov. of 2020, the CWP grantee only has a year to develop a water project. If there is no development within a year after the release of the CWP, then the NWRB’s conditional permission expires. Until now, the mayor insists, Richli Water has not initiated any development based on the CWP it obtained from NWRB, which is more than a year from issuance of the permission to draw water from Bugwak Spring.
“Tungod kay na issuehan sila [Richli] ug CWP adtong Nov. 2020, unya hangtud karon, wala pa gayud gihapoy development nga ilang nahimo bisan usa ka tubo, as far as I know. Walay bisan usa ka tubo nga nalatag ang maong pribadong investor para pagpakita nga gitrabaho nila ang panubig sumala sa pagtugot sa NWRB. You are given only one year to start developing your project. If you don’t do anything it [CWP] will expire in one year,” Mayor Charto explained.
She added: “I believe, unta ni expire na sya [Richli’s CWP] adtong Nov. 2021.”
The mayor wonders why the water company was given a show cause order to explain why the latter has not yet used the CWP but the LGU’s CWP was cancelled outright when both of them made a mistake in the location of the diversion point.
PEACEFULLY CO-EXIST
Mayor Chatto said the LGU is willing to peacefully co-exist with Richli Water as long as the latter complies with the requirements and engage in lawful business within the town.
Mayor Chatto lamented that the water company has not yet presented a detailed proposal with terms and conditions, duties and responsibilities of each of the parties.
Once the company complies with the regulations and provides the LGU with a clear plan, the town government is willing to co-exist with the company.
“We [LGU] are ready to co-exist with this private investor,” Mayor Chatto declared during the radio interview.
She wants that the people of Balilihan to have a choice of water service provider, be it the town’s waterworks or the service coming from a private company.