An affidavit consenting to a proposed change in point of diversion or appropriation under OAR 690-380-5030(1) shall be notarized and shall include statements that the affiant:
- (1) Is the holder of a water right that the Department has determined would be injured;
- (2) Has reviewed the initial review of the Department, or, as applicable, the proposed order issued by the administrative law judge after a contested case hearing, concluding the transfer would result in injury and recognizes the nature of the injury;
- (3) Understands that approval of the proposed transfer may permanently reduce the quantity of water available for use under the water right; and
- (4) Consents to the injury resulting from the proposed change in point of diversion or appropriation.
Statutory/Other Authority
ORS 536.025 & ORS 536.027
Statutes/Other Implemented
ORS 540.510 - 540.532 & Or Laws 2025, ch 282
History
WRD 3-2026, amend filed 03/20/2026, effective 04/01/2026
WRD 5-2006, f. & cert. ef. 10-6-06
WRD 2-2003, f & cert. ef. 5-1-03