10. DISPUTES BETWEEN THE HOLDERS OF WATER UTILIZATION PERMITS

I - PHILIPPINES - Water Rules and Regulations

61. The complaining party shall be referred to as Complainant/Protestant and the party against whom the complaint is filed shall be referred to as Respondent/Protestee.

62. All complaints shall be in writing, sworn to by the complainant/protestant and must contain the following:

(a) Name, postal address and personal circumstances of complainant/protestant;
(b) Name and postal address of respondent/protestee;
(c).Substance of the complaint;
(d) Grounds or causes of action;
(e) Brief and concise statement of the pertinent facts and circumstances;
(f) Relief sought; and
(g) Names and postal address of witnesses to be summoned, if any.

All complaints shall be accompanied by affidavits of witnesses as well as supporting documents, if any.

However, complaints/protests filed solely on the ground of adverse effects on the privileges to use water from any source shall not be entertained unless the complainant/protestant is a water permittee.

63. Complaints/Protests may be filed with the Council or the Office of the Public Works Regional Director or the Public Works District Engineer or NIA Provincial Irrigation Engineer, of the place where the source of water subject of the controversy is located. Complaints/protests on the use of water for hydraulic power development shall be filed with either the Council or the Office of the Public Works Regional Director.

64. There shall be imposed and collected a filing fee of One Hundred (P100.00) Pesos from every complainant/protestant except from pauper litigants in accordance with the Rules of Court. The said fee shall be paid to the office where the complaint/protest is filed in the manner provided under Section 6 of Rule I^[10].

65. Upon receipt of a complaint/protest the agency/office concerned shall furnish the respondent/protestee a copy and such documents accompanying the complaint, and require him to answer in writing within ten (10) days from receipt thereof.

Should respondent/protestee fail to answer within the period provided herein, the investigator shall proceed ex-parte to receive the evidence and testimony of the complainant/protestant and his witnesses, and shall submit his report to the Council based on the facts and evidence adduced.

66. Upon receipt of respondent/protestees' answer, the investigator shall direct the parties and their attorneys to appear before him for conference to consider the possibility of an amicable settlement.

The proceedings during the preliminary conference shall be summary in nature and shall be conducted informally without the investigator being bound to follow strictly the technical rules of evidence. He shall take appropriate steps towards a peaceful and equitable settlement of the dispute.

67. Amicable settlement shall, in all cases, be reduced in writing and signed by the parties. Within fifteen (15) days from the signing thereof, a report with comments and recommendations shall be submitted to the Council for approval.

68. Should the parties fail to agree during the preliminary conference, the investigator shall immediately hear the case in the barrio, municipality or province where the subject of the controversy is located or at any other place agreed upon by both parties. Any disagreement as to venue shall be resolved by the Investigator whose decision is final.

69. The investigator shall hear first the testimony of the complainant/protestant and his witnesses and next the testimony of the respondent/protestee. During the proceedings, the parties shall have the right to confront and cross-examine the opposing party on the submitted affidavits. After the presentation of the evidence by the parties, they may at their option submit a memorandum/memoranda in support of their claim/defense in lieu of an oral argument.

70. The Investigator shall be duly authorized to administer oath to witnesses, take depositions and secure the attendance of witnesses and/or production of relevant documents through the compulsory process of subpoena and/or subpoena duces tecum. The contending parties may avail of such processes by filing a formal written request with the Investigator.

The proceedings shall be duly recorded and shall include a physical or ocular inspection of the premises and for the purpose, the Investigator and the parties shall have authority to enter upon private lands with previous notice to the owners thereof.

The Investigator may conduct ex-parte investigation/hearing if circumstances so warrant.

71. Interlocutory orders/rulings made during the proceedings are not appealable.

Motions for postponement or continuance shall be based on valid and reasonable grounds and the grant or denial thereof rests upon the sound discretion of the Investigator, provided that not more than three (3) postponements may be given to either party or a total of six (6) postponements in a given case, regardless of the number of parties provided further, that in no case shall any postponement last for more than three (3) calendar days.

72. The Investigator shall transmit to the Council within fifteen (15) days from the date of termination of the proceedings, his report with the complete record of the case with a comprehensive sketch of the premises involved. The report shall contain the following:

(a) Names and postal addresses of the parties;

(b) Nature of the controversy;

(c) Summary of the allegations and proofs presented by parties;

(d) Clear and concise statement of the findings of facts borne by the evidence and/or revealed in the ocular inspections;

(e) The law and rules involved; and

(f) Conclusion, comment and recommendation.

73. All disputes shall be decided within sixty (60) days after the parties submit the same for decision or resolution. Decisions shall be in writing, stating clearly and concisely the cause or causes of action, findings of facts and the law or rules upon which they are based.

The Council shall have the power to issue writs of execution and enforce its decisions with the assistance of national or local law enforcement agencies subject to prior notice to the party concerned in accordance with Article 84 of the Code.

74. Decisions, resolutions or orders of the Council shall be furnished to the contending parties through their counsel if represented, or by personal/substituted service or registered mail with return card. Personal/substituted service to the parties shall be acknowledged in writing, indicating the date or receipt and the name of the person serving. Should any person refuse to receive the decision, resolution or order, a written statement to such effect duly signed by the person serving shall be submitted. Decisions, resolutions or orders coursed through the deputies/agents of the Council, shall in all cases, be served upon counsel, if represented, or to the party within five (5) days from the date of receipt by the Office concerned.

75. A) Appeal form the decision of the Council in accordance with Article 89 of the Code shall be made by the party adversely affected within fifteen (15) days from receipt of the decision unless a petition for reconsideration or reinvestigation is filed with the Council within the same period. The filing of said petition suspends the running of the 15-day period within which to file an appeal with the Court.

B) Petition for reconsideration/reinvestigation shall be based on any of the following grounds:

1. Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which the aggrieved party has probably been impaired in his rights;

2. Newly discovered evidence which petitioner could not, with reasonable diligence, have discovered, and produced at the investigation and which if presented would probably alter the result; and

3. Palpable errors in the findings of facts and conclusions of law or decisions that are not supported by the evidence adduced in the investigation.

Only one petitioner for reconsideration/reinvestigation accompanied by proof of service upon the other party shall be entertained. Resolution or petitions for reconsideration/reinvestigation shall be served upon the parties concerned in accordance with Section 73 hereof.

76. The filing of petition for reconsideration and/or reinvestigation under the preceding section or an appeal with the Court of First Instance under Article 89 of the Code shall not stay the execution of the decision, resolution or order of the Council unless a bond as provided for in Article 88 shall have been posted.

II - LESOTHO - Water Resources Regulations, 1980

2. The Water Officer appointed under section 5(4) shall:

... (e) In the first instance hear disputes between users.

III - SOUTH AFRICA - National Water Act, 1998

Schedule 6 - Water Tribunal

5. Lodging of appeals and applications

1) An appeal to the Water Tribunal under section 148(1) and an application for determination of compensation must be commenced by serving a copy of a written notice of appeal or application on the relevant responsible authority or catchment management agency and lodging the original with the Tribunal.

2) The Tribunal may, for good reason, condone the late lodging of an appeal or application.

3) A responsible authority or a catchment management agency against whose decision or offer an appeal or application is lodged must within a reasonable time-

a) send to the Tribunal all documents relating to the matter, together with the reasons for its decision; and

b) allow the appellant or applicant and every party opposing the appeal or application to make copies of the documents and reasons.

6. Hearing of appeals or applications by Water Tribunal

1) An appeal or application before the Water Tribunal must be heard by one or more members, as the chairperson may determine.

2) A party to an appeal or application may be represented by a person of that party's choice.

3) Appeals and applications to the Tribunal take the form of a rehearing. The Tribunal may receive evidence, and must give the appellant or applicant and every party opposing the appeal or application an opportunity to present their case.

4) The Tribunal must keep minutes containing a summary of the proceedings of every hearing.

7. Subpoenas and evidence

1) The Water Tribunal may -

a) subpoena for questioning any person who may be able to give information relevant to the issues; and

b) subpoena any person who is believed to have possession or control of any book, document or object relevant to the issues, to appear before the Tribunal and to produce that book, document or object.

2) A subpoena must be signed by a Tribunal member and must -

a) specifically require the person named in it to appear before the Tribunal;
b) state the date, time and place at which the person must appear; and
c) sufficiently identify any book, document or object to be produced by that person.

3) The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies to the questioning of any person and to the production of any book, document or object in terms of this item.

4) The party at whose request a subpoena was issued must pay witness fees, travel and subsistence allowances to a person subpoenaed to appear before the Tribunal, at the applicable High Court scale.

5) The Tribunal may administer an oath or accept an affirmation from any person called or subpoenaed to give evidence.

8. Contempt of the Water Tribunal

1) A person commits contempt of the Water Tribunal -

a) if, after having been subpoenaed to appear before the Tribunal, the person without good cause does not attend;

b) if the person, without good cause, fails to produce any book, document or object specified in a subpoena;

c) if, after having appeared in response to a subpoena, the person fails to remain in attendance until excused by the Tribunal;

d) by refusing to take the oath or to make an affirmation as a witness when the Tribunal so requires;

e) by refusing to answer any question fully and to the best of that person's knowledge and belief, but subject to item 7(3);

f) if during the proceedings, the person behaves improperly; or

g) if the person prejudices or improperly influences the proceedings of the Tribunal.

2) The Water Tribunal may refer any contempt to a High Court. A High Court may make an appropriate order.

9. Decisions of the Water Tribunal

1) The Water Tribunal must give its decision in writing. A majority decision of members hearing a matter (if the matter is heard by more than two members) constitutes a decision of the Tribunal.

2) The Tribunal must, at the request of any party and within a reasonable time, give written reasons for its decision on any matter.

IV - ETHIOPIA - A Proclamation to Provide for the Utilization of Water Resources, No. 92/1994

13. Settlement of Disputes

(1) The Appropriate Authority shall hear and adjudicate disputes arising between permit holders or between a permit holder and other person concerning rights and obligations emanating from the permit.

(2) An appeal may be lodged to the competent court within thirty (30) days against the decision of the Appropriate Authority rendered under sub-Article (1) of this Article.