{
  "url": "https://openlegislation.uk/water-resources-act-1991/section-48",
  "json_url": "https://openlegislation.uk/water-resources-act-1991/section-48.json",
  "legislation": "ukpga/1991/57",
  "legislation_title": "Water Resources Act 1991",
  "legislation_url": "https://openlegislation.uk/water-resources-act-1991",
  "path": "section/48",
  "kind": "section",
  "number": "48",
  "heading": "General effect of licence.",
  "text": "(1) For the purposes of this Chapter a person who is for the time being the holder of a licence under this Chapter to abstract water shall be taken to have a right to abstract water to the extent authorised by the licence and in accordance with the provisions contained in it.\n(2) In any action brought against a person in respect of the abstraction of water from a source of supply (other than an abstraction in respect of which a claim could be brought under section 48A below, in which case that section shall apply), it shall be a defence, subject to paragraph 2 of Schedule 7 to this Act, for him to prove—\n(a) that the water was abstracted in pursuance of a licence under this Chapter; and\n(b) that the provisions of the licence were complied with.\n(3) In any action brought against a person in respect of any obstruction or impeding of the flow of any inland waters at any point by means of impounding works, it shall be a defence for him to prove—\n(a) that the flow was so obstructed or impeded in pursuance of a licence under this Chapter;\n(b) that the obstructing or impeding was in the manner specified in that licence and to an extent not exceeding the extent so specified; and\n(c) that the other requirements of the licence (if any) were complied with.\n(4) Nothing in subsection (2) or (3) above shall exonerate a person from any action for negligence or breach of contract.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 48(2) inserted (1.4.2005) by Water Act 2003 (c. 37), ss. 24(2), 105(3) (with s. 24(3)(b)); S.I. 2004/641, art. 5 (with Sch. 3 paras. 4, 7)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 48(1) modified (1.4.2005) by The Water Act 2003 (Commencement No. 4, Transitional Provisions and Savings) Order 2005 (S.I. 2005/968), art. 4(1)(3), Sch. 1 paras. 7(10), 8(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1991/57/section/48",
    "retrieved_at": "2026-10-29T09:36:46.190861+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}