OAR 690-380-5030: Approval of Injurious Transfers

Following the issuance of an initial review pursuant to OAR 690-380-4000, the Department may approve a transfer of a point of diversion or appropriation that would injure another water right if: (1) For any water right other than an instream water right, the applicant: (a) Notifies the Department, as outlined in OAR 690-380-4000(8)(a), that the applicant: (A) Intends to request consent to injury of the water right; and (B) Indicates that the applicant understands that, upon receipt of the complete listing of the injured water right and water right holder contact information from the Department, the applicant must file an affidavit from every holder of the injured water rights consenting to the change that conforms to OAR 690-380-5040; and (b) Submits to the Department completed affidavits that conform to OAR 690-380-5040 from every holder of the injured water right(s) consenting to the change; and (2) For any instream water right granted pursuant to a request under ORS 537.336 or an instream water right created pursuant to ORS 537.346(1) and held in trust by the Department, provided: (a) The applicant notified the Department that the applicant intends to request consent to injury to an instream water right resulting from a change in point of diversion of appropriation as outlined in OAR 690-380-4000(8)(b); and (b) The Department consents to the change after complying with the provisions of OAR 690-380-5050.