OAR 690-380-5040: Affidavits of Consent

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.