CA stops water extraction from 4 rivers in Cavite town

The Court of Appeals (CA) has stopped a water company from utilizing four rivers in Indang town in Cavite to supply water to households in Tagaytay City.

In a four-page resolution released Monday, the appellate court’s Special First Division issued a writ of kalikasan and temporary environmental protection order (TEPO) enjoining PTK2 H2O Corp. from extracting water from the Lambak, Indang, Saluysoy and Ikloy rivers as part of its water supply contract with the Tagaytay City Water District (TCWD).

The TEPO also directed the water company to cease and desist from excavating, cutting trees, and undertaking related construction work under the contract.

The CA acted on the petition of the Save Waters of Indang, Cavite Movement Inc. (SWIM), which alleged that the company’s contract with TCWD would require the extraction of a minimum 50,000 cubic meters per day from the four major rivers in Indang.

This volume of water, according to SWIM, is “grossly beyond the sustainable capacity” of the four rivers and to the prejudice and detriment of three cities and nine municipalities of Cavite.

The three cities are Dasmariñas, Tagaytay and Trece Martires, and the towns are Alfonso, Amadeo, Gen. E. Aguinaldo, Indang, Mendez, Naic, Rosario, Silang, and Tanza.

SWIM cited a study assessing the supply potential of the four rivers that shows that to maintain sustainability, only 6.4 megaliters or 36,400 cubic meters per day can be extracted from the rivers, otherwise these will dry up and destroy three Cavite watersheds that are protected areas under the National Integrated Protected Areas System (NIPAS) Act.

The project is supposed to boost supply of potable water to Tagaytay City due to increased demand from hotels and commercial establishments there.

The PTK2 H2O holds permits from the National Water Resources Board.

The company applied for an increase in the allowable water extraction rate in the Lambak and Ikloy rivers, and after securing approval, started to build an intake structure, booster pumps and other buildings, and install water pipes.

It also applied for and was eventually granted an environmental compliance certificate by the Department of Environment and Natural Resources, allowing it to start excavation and pipelaying operations in Barangay Kayquit, Indang.

In the process, SWIM said PTK2 H2O allegedly cut many trees along the banks of the Ikloy River.

In support of its petition, SWIM presented a study made by Noel Sedio, a professor of the Cavite State University, finding that PTK2 H2O’s 13-kilometer water and intake distribution structure would allegedly destroy agriculture in Naic town and flora and fauna along the riverbanks.