2005 Nevada Revised Statutes - Chapter 534 — Underground Water and Wells

CHAPTER 534 - UNDERGROUND WATER AND WELLS

NRS 534.010 Definitions.

NRS 534.0105 Aquiferdefined.

NRS 534.011 Areaof active management defined.

NRS 534.0115 Areaof hydrologic effect defined.

NRS 534.012 Artesianwell defined.

NRS 534.0125 Augmentationdefined.

NRS 534.013 Domesticuse defined.

NRS 534.0135 Percolatingwaters defined.

NRS 534.014 Persondefined.

NRS 534.0145 Projectdefined.

NRS 534.015 Rechargedwater defined.

NRS 534.0155 Storageaccount defined.

NRS 534.016 Storedwater defined.

NRS 534.0165 Wastedefined.

NRS 534.017 Welldriller defined.

NRS 534.0175 Welldrilling and drilling a well defined.

NRS 534.020 Undergroundwaters belong to public and are subject to appropriation for beneficial use;declaration of legislative intent.

NRS 534.025 Removalof underground waters to alleviate hazards caused by secondary recharge isbeneficial use.

NRS 534.030 Administrationby State Engineer: Petition by appropriators in basin; hearing in absence ofpetition; certain artesian water, underground aquifers and percolating water;advisory services of governing bodies of water districts and water conservationboards.

NRS 534.035 Groundwaterboards: Establishment; number, appointment, terms and expenses of members;officers; meetings and quorum; duties; dissolution.

NRS 534.040 Employmentand compensation of well supervisor and assistants; levy, collection and distributionof special assessment.

NRS 534.050 Permitto appropriate water required before sinking well in designated groundwaterbasin; requirements in undesignated areas; waivers; penalties.

NRS 534.060 Conditionsfor sinking wells; casings and appliances; repair of defective wells; liens;sealing of wells; use of abandoned wells to monitor groundwater.

NRS 534.070 Wasteof water from artesian well unlawful.

NRS 534.080 Appropriationof underground water for beneficial use from artesian or definable aquifer:Acquisition of rights under chapter 533 ofNRS; orders to desist; dates of priority.

NRS 534.090 Forfeitureand abandonment of rights.

NRS 534.100 Recognitionof existing water rights; classification of water in definable aquifer orpercolating water by State Engineer; adjudication of vested underground waterrights.

NRS 534.110 Rulesand regulations of State Engineer; statements and pumping tests; conditions ofappropriation; restrictions.

NRS 534.120 StateEngineer authorized to make rules, regulations and orders when groundwater isbeing depleted in designated area; preferred uses of water; temporary permitsto appropriate water; revocation of temporary permits; restrictions placed oncertain wells.

NRS 534.125 StateEngineer to file notice related to temporary permit.

NRS 534.130 StateEngineer, assistants and Artesian Well Supervisor authorized to enter premisesto investigate and carry out duties.

NRS 534.140 Welldrillers: Annual licenses; fees; continuing education; regulations for welldrilling; licensing by State Contractors Board.

NRS 534.142 Paymentof child support: Statement by applicant for license to drill; grounds fordenial of license; duty of State Engineer. [Expires by limitation on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 534.144 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 534.146 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 534.150 WellDrillers Advisory Board: Appointment; terms of members; vacancies; compensation;duties.

NRS 534.160 Licenserequired to drill well; revocation of license; order to plug well; penalty forallowing unlicensed person to drill.

NRS 534.170 Welldriller to keep log and records; contents; information to be furnished to StateEngineer; report of test.

NRS 534.180 Applicabilityof chapter to wells used for domestic purposes; registration and plugging ofwells used for domestic purposes.

NRS 534.185 Waiverof certain requirements for domestic wells by State Engineer; exceptions.

NRS 534.190 Penalties.

NRS 534.250 Projectfor recharge, storage and recovery of water: Permit required; issuance, contents,modification and assignment of permit; monitoring requirements.

NRS 534.260 Projectfor recharge, storage and recovery of water: Contents of application forpermit.

NRS 534.270 Projectfor recharge, storage and recovery of water: Review of application for permit;notice of application; protests; hearing; determination; judicial review.

NRS 534.280 Projectfor recharge, storage and recovery of water: Annual report to State Engineer.

NRS 534.290 Projectfor recharge, storage and recovery of water: Permit for recovery well; recoverylimited to designated wells; designation of person entitled to recover water;use or exchange of recovered water.

NRS 534.300 Projectfor recharge, storage and recovery of water: Storage account to be established;limit on amount of water recovered.

NRS 534.310 Projectfor recharge, storage and recovery of water: Annual fee for permit; dispositionof money received by State Engineer; employment of consultants by StateEngineer.

NRS 534.320 Projectfor recharge, storage and recovery of water: Revocation or suspension ofpermit; orders to cease and desist; injunction.

NRS 534.330 Projectfor recharge, storage and recovery of water: Penalties.

NRS 534.340 Projectfor recharge, storage and recovery of water: Designation of areas of activemanagement.

NRS 534.350 StateEngineer to establish program that allows public water system to receive creditsfor addition of new customers to system.

NRS 534.360 WaterRights Technical Support Fund: Creation; administration; uses.

_________

NRS 534.010 Definitions.

1. As used in this chapter, unless the contextotherwise requires, the words and terms defined in NRS 534.0105 to 534.0175, inclusive, have the meaningsascribed to them in those sections.

2. As used in this chapter, the terms undergroundwater and groundwater are synonymous.

[Part 2:178:1939; A 1947, 52; 1949, 128; 1955,328](NRS A 1957, 714; 1971, 867; 1981, 658; 1985, 522, 1302; 1987, 1776)

NRS 534.0105 Aquiferdefined. Aquifer means a geologicalformation or structure that stores or transmits water, or both.

(Added to NRS by 1987, 1770)

NRS 534.011 Areaof active management defined. Area of activemanagement means an area:

1. In which the State Engineer is conductingparticularly close monitoring and regulation of the water supply because ofheavy use of that supply; and

2. Which has received that designation by the State Engineerpursuant to NRS 534.030.

(Added to NRS by 1987, 1770; A 1989, 598)

NRS 534.0115 Areaof hydrologic effect defined. Area ofhydrologic effect means the surface area of land covering the extent ofhydrologic response of water recharged pursuant to a project to recharge.

(Added to NRS by 1987, 1770)

NRS 534.012 Artesianwell defined. Artesian well means a well tappingan aquifer underlying an impervious material in which the static water level inthe well stands above where it is first encountered in the aquifer.

(Added to NRS by 1987, 1770)

NRS 534.0125 Augmentationdefined. Augmentation means to increase thevolume of stored water in a system of aquifers by artificially introducingwater into that system.

(Added to NRS by 1987, 1770)

NRS 534.013 Domesticuse defined. Domestic use or domestic purposesextends to culinary and household purposes directly related to a single-familydwelling, including, without limitation, the watering of a family garden andlawn and the watering of livestock and any other domestic animals or householdpets, if the amount of water drawn does not exceed the threshold daily maximumamount set in NRS 534.180 for exemptionfrom the application of this chapter.

(Added to NRS by 1987, 1770; A 1999, 1184)

NRS 534.0135 Percolatingwaters defined. Percolating waters are undergroundwaters, the course and boundaries of which are incapable of determination.

(Added to NRS by 1987, 1770)

NRS 534.014 Persondefined. Person includes any municipalcorporation, power district, political subdivision of this or any state, or anagency of the United States Government.

(Added to NRS by 1987, 1770)

NRS 534.0145 Projectdefined. Project means a facility designedand constructed to add water to a system of aquifers, store water undergroundand recover that water pursuant to a permit issued pursuant to NRS 534.250.

(Added to NRS by 1987, 1770)

NRS 534.015 Rechargedwater defined. Recharged water means waterthat reaches or percolates into an aquifer or system of aquifers:

1. Through natural processes;

2. By secondary recharge as a result of beneficialuses; or

3. Artificially through facilities specificallyconstructed for that purpose.

(Added to NRS by 1987, 1770)

NRS 534.0155 Storageaccount defined. Storage account means anaccount established pursuant to NRS 534.300for a project for underground storage and recovery.

(Added to NRS by 1987, 1770)

NRS 534.016 Storedwater defined. Stored water means waterwhich has been stored underground for the purpose of recovery pursuant to apermit issued pursuant to NRS 534.250.

(Added to NRS by 1987, 1770)

NRS 534.0165 Wastedefined. Waste means causing, suffering orpermitting any artesian well to discharge water unnecessarily above or belowthe surface of the ground so that the waters thereof are lost for beneficialuse or in any canal or ditch conveying water from a well where the loss ofwater in transit is more than 20 percent of the amount of the water dischargedfrom the well.

(Added to NRS by 1987, 1770)

NRS 534.017 Welldriller defined. Well driller means anyperson who drills a well or wells, for compensation or otherwise.

(Added to NRS by 1987, 1770)

NRS 534.0175 Welldrilling and drilling a well defined. Welldrilling or drilling a well are synonymous, and mean drilling or boring newwells, placing casing in wells, cleaning and repairing existing wells,cementing wells and doing all other things normally associated with theconstruction or rehabilitation of wells.

(Added to NRS by 1987, 1770)

NRS 534.020 Undergroundwaters belong to public and are subject to appropriation for beneficial use;declaration of legislative intent.

1. All underground waters within the boundaries of theState belong to the public, and, subject to all existing rights to the use thereof,are subject to appropriation for beneficial use only under the laws of thisState relating to the appropriation and use of water and not otherwise.

2. It is the intention of the Legislature, by thischapter, to prevent the waste of underground waters and pollution andcontamination thereof and provide for the administration of the provisionsthereof by the State Engineer, who is hereby empowered to make such rules andregulations within the terms of this chapter as may be necessary for the properexecution of the provisions of this chapter.

[1:178:1939; 1931 NCL 7993.10]

NRS 534.025 Removalof underground waters to alleviate hazards caused by secondary recharge isbeneficial use. The removal of groundwaterfrom any basin in Nevada, to alleviate potential hazards to persons andproperty resulting from the rise of groundwater caused by secondary recharge,is hereby declared to be a beneficial use if it is accomplished pursuant to theterms and conditions of a waiver issued pursuant to paragraph (c) of subsection2 of NRS 534.050.

(Added to NRS by 1987, 1776)

NRS 534.030 Administrationby State Engineer: Petition by appropriators in basin; hearing in absence ofpetition; certain artesian water, underground aquifers and percolating water;advisory services of governing bodies of water districts and water conservationboards.

1. Upon receipt by the State Engineer of a petitionrequesting him to administer the provisions of this chapter as relating todesignated areas, signed by not less than 40 percent of the appropriators ofrecord in the office of the State Engineer, in any particular basin or portiontherein, he shall:

(a) Cause to be made the necessary investigations todetermine if such administration would be justified.

(b) If his findings are affirmative, designate the areaby basin, or portion therein, and make an official order describing theboundaries by legal subdivision as nearly as possible.

(c) Proceed with the administration of this chapter.

2. In the absence of such a petition from the ownersof wells in a groundwater basin which the State Engineer considers to be inneed of administration, he shall hold a public hearing:

(a) If adequate facilities to hold a hearing areavailable within the basin; or

(b) If such facilities are unavailable, hold thehearing within the county where the basin lies or within the county, where themajor portion of the basin lies,

to taketestimony from those owners to determine whether administration of that basinis justified. If the basin is found, after due investigation, to be in need ofadministration the State Engineer may enter an order in the same manner as if apetition, as described in subsection 1, had been received.

3. The order of the State Engineer may be reviewed bythe district court of the county pursuant to NRS533.450.

4. The State Engineer shall supervise all wellstapping artesian water or water in definable underground aquifers drilled afterMarch 22, 1913, and all wells tapping percolating water drilled subsequent toMarch 25, 1939, except those wells for domestic purposes for which a permit isnot required.

5. Within any groundwater basin which has beendesignated or which may hereafter be so designated by the State Engineer,except groundwater basins subject to the provisions of NRS 534.035, and wherein a waterconservation board has been created and established or wherein a water districthas been created and established by law to furnish water to an area or areaswithin the basin or for groundwater conservation purposes, the State Engineer,in the administration of the groundwater law, shall avail himself of theservices of the governing body of the water district or the water conservationboard, or both of them, in an advisory capacity. The governing body or waterboard shall furnish such advice and assistance to the State Engineer as isnecessary for the purpose of the conservation of groundwater within the areas affected.The services of the governing body or water conservation board must be withoutcompensation from the State, and the services so rendered must be upon reasonableagreements effected with and by the State Engineer.

[4:178:1939; A 1947, 52; 1949, 128; 1953, 188](NRS A1957, 715; 1961, 489; 1967, 1052; 1981, 916, 1841; 1983, 534)

NRS 534.035 Groundwaterboards: Establishment; number, appointment, terms and expenses of members;officers; meetings and quorum; duties; dissolution.

1. In each area designated as a groundwater basin bythe State Engineer pursuant to the provisions of NRS 534.030, the board of countycommissioners may recommend to the State Engineer that he establish agroundwater board. The State Engineer shall determine whether or not agroundwater board is to be established and may direct its establishment byorder.

2. If a groundwater board is established, thegoverning bodies of all the cities and towns within the designated area, theboard of county commissioners of each county in which the area is located, andthe governing body of any water district in which the area is included, orpartly included, shall each submit a list of names of residents of the area tothe Governor, who shall appoint seven members of the board. At least one membermust be appointed from each list.

3. After the initial terms, the term of office of eachmember of the board is 4 years. The board shall elect one member as chairmanand one member as secretary to serve as such at the pleasure of the board.

4. The board shall maintain its headquarters at thecounty seat of the county in which the designated area is located, or if thearea lies in more than one county, in the county seat of one of the counties inwhich the area is located. The board shall hold meetings at such times andplaces as it may determine. Special meetings may be called at any time by thesecretary at the request of any four members, or by the chairman, upon noticespecifying the matters to be acted upon at the meeting. No matters other thanthose specified in the notice may be acted upon at that meeting unless allmembers are present and consent thereto.

5. A majority of the board constitutes a quorum, andthe board shall act only by a majority of those present.

6. For each days attendance at each meeting of thegroundwater board, or for each day when services are actually performed for thegroundwater board, the members are entitled to receive per diem and travelallowances provided by law. Claims for those expenses must be paid as providedin subsection 6 of NRS 534.040.

7. The State Engineer shall not approve anyapplication or issue any permit to drill a well, appropriate groundwater,change the place or manner of use or the point of diversion of water within thedesignated area, adopt any related regulations or enter any related ordersuntil he has conferred with the board and obtained its written advice andrecommendations.

8. It is the intention of the Legislature that theState Engineer and the board be in agreement whenever possible, but, for thepurpose of fixing responsibility to the Governor, if there is any disagreementbetween the State Engineer and the board, the views of the State Engineerprevail. A written report of any such disagreement must be made immediately tothe Governor by the State Engineer and the board.

9. Any groundwater board may request from the StateEngineer or any other state, county, city or district agency such technicalinformation, data and advice as it may require to perform its functions, andthe State Engineer and such other agencies shall, within the resourcesavailable to them, furnish such assistance as may be requested.

10. The Governor may dissolve the groundwater board byorder if he determines that the future activities of the board are likely to beinsubstantial.

(Added to NRS by 1961, 488; A 1967, 1252; 1973, 182;1977, 1235; 1981, 67, 917)

NRS 534.040 Employmentand compensation of well supervisor and assistants; levy, collection anddistribution of special assessment.

1. Upon the initiation of the administration of thischapter in any particular basin, and where the investigations of the StateEngineer have shown the necessity for the supervision over the waters of thatbasin, the State Engineer may employ a well supervisor and other necessaryassistants, who shall execute the duties as provided in this chapter under thedirection of the State Engineer. The salaries of the well supervisor and hisassistants must be fixed by the State Engineer. The well supervisor and hisassistants are exempt from the provisions of chapter284 of NRS.

2. The board of county commissioners shall levy aspecial assessment annually, or at such time as the assessment is needed, uponall taxable property situated within the confines of the area designated by theState Engineer to come under the provisions of this chapter in an amount as isnecessary to pay those salaries, together with necessary expenses, includingthe compensation and other expenses of the Well Drillers Advisory Board if themoney available from the license fees provided for in NRS 534.140 is not sufficient to pay thosecosts. In designated areas within which the use of groundwater is predominantlyfor agricultural purposes the levy must be charged against each water user whohas a permit to appropriate water or a perfected water right, and the chargeagainst each water user must be based upon the proportion which his water rightbears to the aggregate water rights in the designated area. The minimum chargeis $1.

3. The salaries and expenses may be paid by the StateEngineer from the Water Distribution Revolving Account pending the levy andcollection of the assessment as provided in this section.

4. The proper officers of the county shall levy andcollect the special assessment as other special assessments are levied andcollected, and the assessment is a lien upon the property.

5. The assessment provided for, when collected, mustbe deposited with the State Treasurer for credit to the Water District Accountto be accounted for in basin well accounts.

6. Upon determination and certification by the StateEngineer of the amount to be budgeted for the current or ensuing fiscal yearfor the purpose of paying the per diem and travel allowances of the groundwaterboard and employing consultants or other help needed to fulfill itsresponsibilities, the State Controller shall transfer that amount to a separateoperating account for that fiscal year for the groundwater basin. Claimsagainst the account must be approved by the groundwater board and paid as otherclaims against the State are paid. The State Engineer may use money in a particularbasin well account to support an activity outside the basin in which the moneyis collected if the activity bears a direct relationship to theresponsibilities or activities of the State Engineer regarding the particulargroundwater basin.

[5:178:1939; A 1943, 139; 1947, 52; 1953, 188](NRS A1957, 716; 1963, 796; 1967, 1253; 1969, 342; 1979, 668; 1985, 694; 1991, 1784;1993, 2352; 1995, 222)

NRS 534.050 Permitto appropriate water required before sinking well in designated groundwaterbasin; requirements in undesignated areas; waivers; penalties.

1. Except as otherwise provided in subsection 2 and NRS 534.180, every person desiring to sinkor bore a well in any basin or portion therein in the State designated by theState Engineer, as provided for in this chapter, must first make application toand obtain from the State Engineer a permit to appropriate the water, pursuantto the provisions of chapter 533 of NRSrelating to the appropriation of the public waters, before performing any workin connection with the boring or sinking of the well.

2. Upon written application and a showing of goodcause, the State Engineer may issue a written waiver of the requirements ofsubsection 1:

(a) For exploratory wells to be drilled to determinethe availability of water or the quality of available water;

(b) To allow temporary use of the water in constructinga highway or exploring for oil, gas, minerals or geothermal resources; or

(c) For wells to be drilled in shallow groundwatersystems and pumped to alleviate potential hazards to persons and propertyresulting from the rise of groundwater caused by secondary recharge. Ifpractical, approved by the State Engineer and consistent with this chapter and chapter 533 of NRS, the withdrawn water must beused for some other beneficial use.

3. In other basins or portions of basins which havenot been designated by the State Engineer no application or permit toappropriate water is necessary until after the well is sunk or bored and waterdeveloped. Before any diversion of water may be made from the well, theappropriator must make application to and obtain from the State Engineer,pursuant to the provisions of chapter 533 ofNRS, a permit to appropriate the water.

4. Upon written application and a showing of goodcause, the State Engineer may issue a written waiver of the requirements ofsubsection 3, to allow temporary use of water in constructing a highway orexploring for oil, gas, minerals or geothermal resources.

5. Any person using water after a permit has beenwithdrawn, denied, cancelled, revoked or forfeited is guilty of a misdemeanor.Each day of violation of this subsection constitutes a separate offense and isseparately punishable.

[6:178:1939; A 1943, 139; 1947, 52; 1949, 128; 1953,190](NRS A 1957, 716; 1967, 1053; 1979, 183, 242; 1981, 659; 1983, 2090; 1985,490; 1987, 1776; 1997, 1621)

NRS 534.060 Conditionsfor sinking wells; casings and appliances; repair of defective wells; liens;sealing of wells; use of abandoned wells to monitor groundwater.

1. During the sinking or boring of a well thepermittee shall cause to be placed in the well a proper and sufficient casingapproved by the State Engineer, so arranged as to prevent the caving in of thewell and to prevent the escape of water therefrom through any intervening sandor gravel stratum, which casing must be of sufficient length to reach thedeepest aquifer encountered during the sinking or boring of the well.

2. The number, size, type and distribution ofperforations is optional with the permittee, except that no perforations may bemade in a pipe tapping confined (artesian) water above the confining imperviousmaterials.

3. The permittee shall provide the necessary valves,plugs or other appliances to prevent or control the flow of water from the welland prevent the loss of underground water above or below the ground surface.

4. If in the judgment of the State Engineer a well isin any manner defective he may order the owner to repair the well or, in hisdiscretion, may cause the well to be repaired or sealed. If the State Engineerelects to repair or seal the well, the cost of repairing or sealing the wellmust be paid from the water distribution account and must not be charged to theowner of the well or be a lien on the land upon which the well is located or onother land of the owner to which water from the well is appurtenant.

5. If the State Engineer orders the owner to repairthe well and if upon 15 days written notice by registered or certified mail,return receipt requested, the owner fails to repair the well, the StateEngineer or his assistants or authorized agents may, without further notice,take such steps as may be necessary to effect such repairs. The cost thereof,including the labor and material, may in the first instance be paid by theState Engineer from the Water Distribution Revolving Account, but any such costin any event is a lien on the land on which the well is located and, also, anyother land possessed by the well owner to which the water from the well isappurtenant.

6. The State Engineer, his assistants or authorizedagents, as the case may be, shall file an itemized and sworn statement, settingforth the date when the work was done and the nature of the labor so performed,with the board of county commissioners of the county wherein the charge andexpense were incurred. The board of county commissioners shall thereuponpresent a bill for the expense to the person liable therefor under thissection, and if that person neglects for 30 days thereafter to pay it, the billand costs become a lien upon the lands and property of the person so liable forthe payment of the bill, and must be collected as delinquent taxes against thelands and property are collected.

7. When a well is abandoned or about to be abandoned,the owner, in lieu of plugging the well, may advise the State Engineer andother interested hydrologic entities that the well is available to monitor thegroundwater. If, in the opinion of the State Engineer, the well would be usefulas a site for monitoring, the State Engineer may grant the owner a waiver ofthe requirement that the well be plugged.

8. The State Engineer may grant the owner of a well awaiver of the requirement that the well be plugged under circumstances otherthan those set forth in subsection 7. The State Engineer shall adoptregulations that provide a procedure by which the State Engineer may approve awaiver from the requirement of plugging an abandoned well pursuant to thissubsection.

[7:178:1939; A 1947, 52; 1943 NCL 7993.16](NRS A1957, 717; 1961, 448; 1967, 192; 1979, 669; 1987, 1777; 2005, 455)

NRS 534.070 Wasteof water from artesian well unlawful.

1. No person controlling an artesian well in any basinin Nevada shall suffer the waters therefrom to flow to waste, unless, and asfar as reasonably necessary in the judgment of the State Engineer, to preventthe obstruction thereof, or to flow or be taken therefrom except for beneficialpurposes.

2. The owner of any artesian well from which water isbeing unnecessarily wasted shall be guilty of a misdemeanor.

[8:178:1939; A 1943, 139; 1947, 52; 1955, 328](NRS A1957, 720)

NRS 534.080 Appropriationof underground water for beneficial use from artesian or definable aquifer:Acquisition of rights under chapter 533 of NRS; orders to desist;dates of priority.

1. A legal right to appropriate underground water forbeneficial use from an artesian or definable aquifer subsequent to March 22,1913, or from percolating water, the course and boundaries of which areincapable of determination, subsequent to March 25, 1939, can only be acquiredby complying with the provisions of chapter 533of NRS pertaining to the appropriation of water.

2. The State Engineer may, upon written notice sent byregistered or certified mail, return receipt requested, advise the owner of awell who is using water therefrom without a permit to appropriate such water tocease using such water until he has complied with the laws pertaining to theappropriation of water. If the owner fails to initiate proceedings to securesuch permit within 30 days from the date of such notice he shall be guilty of amisdemeanor.

3. The date of priority of all appropriations of waterfrom an underground source, mentioned in this section, is the date whenapplication is made in proper form and filed in the office of the StateEngineer pursuant to the provisions of chapter 533of NRS.

[9:178:1939; A 1947, 52; 1943 NCL 7993.18](NRS A1957, 718; 1967, 195)

NRS 534.090 Forfeitureand abandonment of rights.

1. Except as otherwise provided in this section,failure for 5 successive years after April 15, 1967, on the part of the holderof any right, whether it is an adjudicated right, an unadjudicated right, or apermitted right, and further whether the right is initiated after or beforeMarch 25, 1939, to use beneficially all or any part of the underground waterfor the purpose for which the right is acquired or claimed, works a forfeitureof both undetermined rights and determined rights to the use of that water tothe extent of the nonuse. For water rights in basins for which the State Engineerkeeps pumping records, if the records of the State Engineer indicate at least 4consecutive years, but less than 5 consecutive years, of nonuse of all or anypart of such a water right which is governed by this chapter, the State Engineershall notify the owner of the water right, as determined in the records of theOffice of the State Engineer, by registered or certified mail that he has 1year after the date of the notice in which to use the water right beneficiallyand to provide proof of such use to the State Engineer or apply for reliefpursuant to subsection 2 to avoid forfeiting the water right. If, after 1 yearafter the date of the notice, proof of beneficial use is not sent to the StateEngineer, the State Engineer shall, unless he has granted a request to extendthe time necessary to work a forfeiture of the water right, declare the rightforfeited within 30 days. Upon the forfeiture of a right to the use ofgroundwater, the water reverts to the public and is available for furtherappropriation, subject to existing rights. If, upon notice by registered orcertified mail to the owner of record whose right has been declared forfeited,the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time providedfor therein, the forfeiture becomes final. The failure to receive a noticepursuant to this subsection does not nullify the forfeiture or extend the timenecessary to work the forfeiture of a water right.

2. The State Engineer may, upon the request of theholder of any right described in subsection 1, extend the time necessary towork a forfeiture under that subsection if the request is made before theexpiration of the time necessary to work a forfeiture. The State Engineer maygrant, upon request and for good cause shown, any number of extensions, but asingle extension must not exceed 1 year. In determining whether to grant ordeny a request, the State Engineer shall, among other reasons, consider:

(a) Whether the holder has shown good cause for hisfailure to use all or any part of the water beneficially for the purpose forwhich his right is acquired or claimed;

(b) The unavailability of water to put to a beneficialuse which is beyond the control of the holder;

(c) Any economic conditions or natural disasters whichmade the holder unable to put the water to that use;

(d) Any prolonged period in which precipitation in thebasin where the water right is located is below the average for that basin or inwhich indexes that measure soil moisture show that a deficit in soil moisturehas occurred in that basin; and

(e) Whether the holder has demonstrated efficient waysof using the water for agricultural purposes, such as center-pivot irrigation.

The StateEngineer shall notify, by registered or certified mail, the owner of the waterright, as determined in the records of the Office of the State Engineer, ofwhether he has granted or denied the holders request for an extension pursuantto this subsection.

3. If the failure to use the water pursuant tosubsection 1 is because of the use of center-pivot irrigation before July 1,1983, and such use could result in a forfeiture of a portion of a right, theState Engineer shall, by registered or certified mail, send to the owner ofrecord a notice of intent to declare a forfeiture. The notice must provide thatthe owner has at least 1 year from the date of the notice to use the waterbeneficially or apply for additional relief pursuant to subsection 2 beforeforfeiture of his right is declared by the State Engineer.

4. A right to use underground water whether it isvested or otherwise may be lost by abandonment. If the State Engineer, ininvestigating a groundwater source, upon which there has been a prior right,for the purpose of acting upon an application to appropriate water from thesame source, is of the belief from his examination that an abandonment hastaken place, he shall so state in his ruling approving the application. If,upon notice by registered or certified mail to the owner of record who had theprior right, the owner of record of the prior right fails to appeal the rulingin the manner provided for in NRS 533.450,and within the time provided for therein, the alleged abandonment declarationas set forth by the State Engineer becomes final.

[9a:178:1939; added 1947, 52; 1943 NCL 7993.18a](NRS A 1967, 193, 1053; 1981, 1842; 1983, 1650; 1995, 1016; 2003, 651)

NRS 534.100 Recognitionof existing water rights; classification of water in definable aquifer orpercolating water by State Engineer; adjudication of vested underground waterrights.

1. Existing water rights to the use of undergroundwater are hereby recognized. For the purpose of this chapter a vested right isa water right on underground water acquired from an artesian or definableaquifer prior to March 22, 1913, and an underground water right on percolatingwater, the course and boundaries of which are incapable of determination,acquired prior to March 25, 1939. The distinction as to whether water is in adefinable aquifer or whether it is percolating water, the course and boundariesof which are incapable of determination, is a matter to be determined by theState Engineer.

2. Any claimant of a vested underground water rightmay petition the State Engineer to adjudicate such rights. If uponinvestigation he finds the facts and conditions justify it, he shall enter anorder granting the petition and shall make proper arrangements to proceed withsuch determination. In the order the State Engineer shall designate the areawithin which such determination is to be made, but the size of such designatedarea may include other claimed underground vested water rights. Such designatedarea shall not extend into other drainage basins. Following the designation ofsuch area the State Engineer shall proceed with adjudicating such rights asprovided for in chapter 533 of NRS.

[9a:178:1939; added 1947, 52; 1943 NCL 7993.18b](NRS A 1957, 718)

NRS 534.110 Rulesand regulations of State Engineer; statements and pumping tests; conditions ofappropriation; restrictions.

1. The State Engineer shall administer this chapterand shall prescribe all necessary regulations within the terms of this chapterfor its administration.

2. The State Engineer may:

(a) Require periodical statements of water elevations,water used, and acreage on which water was used from all holders of permits andclaimants of vested rights.

(b) Upon his own initiation, conduct pumping tests todetermine if overpumping is indicated, to determine the specific yield of theaquifers and to determine permeability characteristics.

3. The State Engineer shall determine whether there isunappropriated water in the area affected and may issue permits only if thedetermination is affirmative. The State Engineer may require each applicant towhom a permit is issued for a well:

(a) For municipal, quasi-municipal or industrial use;and

(b) Whose reasonably expected rate of diversion isone-half cubic foot per second or more,

to reportperiodically to the State Engineer concerning the effect of that well on otherpreviously existing wells that are located within 2,500 feet of the well.

4. It is a condition of each appropriation ofgroundwater acquired under this chapter that the right of the appropriatorrelates to a specific quantity of water and that the right must allow for areasonable lowering of the static water level at the appropriators point ofdiversion. In determining a reasonable lowering of the static water level in aparticular area, the State Engineer shall consider the economics of pumpingwater for the general type of crops growing and may also consider the effect ofusing water on the economy of the area in general.

5. This section does not prevent the granting ofpermits to applicants later in time on the ground that the diversions under theproposed later appropriations may cause the water level to be lowered at thepoint of diversion of a prior appropriator, so long as any protectibleinterests in existing domestic wells as set forth in NRS 533.024 and the rights of holders ofexisting appropriations can be satisfied under such express conditions. At thetime a permit is granted for a well:

(a) For municipal, quasi-municipal or industrial use;and

(b) Whose reasonably expected rate of diversion isone-half cubic foot per second or more,

the StateEngineer shall include as a condition of the permit that pumping water pursuantto the permit may be limited or prohibited to prevent any unreasonable adverseeffects on an existing domestic well located within 2,500 feet of the well,unless the holder of the permit and the owner of the domestic well have agreedto alternative measures that mitigate those adverse effects.

6. The State Engineer shall conduct investigations inany basin or portion thereof where it appears that the average annualreplenishment to the groundwater supply may not be adequate for the needs ofall permittees and all vested-right claimants, and if his findings so indicatethe State Engineer may order that withdrawals be restricted to conform topriority rights.

7. In any basin or portion thereof in the Statedesignated by the State Engineer, the State Engineer may restrict drilling ofwells in any portion thereof if he determines that additional wells would causean undue interference with existing wells. Any order or decision of the StateEngineer so restricting drilling of such wells may be reviewed by the districtcourt of the county pursuant to NRS 533.450.

[10:178:1939; A 1947, 52; 1949, 128; 1955, 328](NRSA 1993, 2641; 2001,553)

NRS 534.120 State Engineer authorized tomake rules, regulations and orders when groundwateris being depleted in designated area; preferred uses of water; temporarypermits to appropriate water; revocation of temporary permits; restrictionsplaced on certain wells.

1. Within an area that has been designated by theState Engineer, as provided for in this chapter, where, in his judgment, thegroundwater basin is being depleted, the State Engineer in his administrativecapacity is herewith empowered to make such rules, regulations and orders asare deemed essential for the welfare of the area involved.

2. In the interest of public welfare, the StateEngineer is authorized and directed to designate preferred uses of water withinthe respective areas so designated by him and from which the groundwater isbeing depleted, and in acting on applications to appropriate groundwater, hemay designate such preferred uses in different categories with respect to theparticular areas involved within the following limits:

(a) Domestic, municipal, quasi-municipal, industrial,irrigation, mining and stock-watering uses; and

(b) Any uses for which a county, city, town, publicwater district or public water company furnishes the water.

3. Except as otherwise provided in subsection 5, theState Engineer may:

(a) Issue temporary permits to appropriate groundwaterwhich can be limited as to time and which may, except as limited by subsection4, be revoked if and when water can be furnished by an entity such as a waterdistrict or a municipality presently engaged in furnishing water to theinhabitants thereof.

(b) Deny applications to appropriate groundwater forany use in areas served by such an entity.

(c) Limit the depth of domestic wells.

(d) Prohibit the drilling of wells for domestic use, asdefined in NRS 534.013 and 534.0175, in areas where water can befurnished by an entity such as a water district or a municipality presentlyengaged in furnishing water to the inhabitants thereof.

4. The State Engineer may revoke a temporary permitissued pursuant to subsection 3 for residential use, and require a person towhom groundwater was appropriated pursuant to the permit to obtain water froman entity such as a water district or a municipality engaged in furnishingwater to the inhabitants of the designated area, only if:

(a) The distance from the property line of any parcelserved by a well pursuant to a temporary permit to the pipes and otherappurtenances of the proposed source of water to which the property will beconnected is not more than 180 feet; and

(b) The well providing water pursuant to the temporarypermit needs to be redrilled or have repairs made which require the use of awell-drilling rig.

5. The State Engineer may, in an area in which he hasissued temporary permits pursuant to subsection 3, limit the depth of adomestic well pursuant to paragraph (c) of subsection 3 or prohibit repairsfrom being made to a well, and may require the person proposing to deepen orrepair the well to obtain water from an entity such as a water district or amunicipality engaged in furnishing water to the inhabitants of the designatedarea, only if:

(a) The distance from the property line of any parcelserved by the well to the pipes and other appurtenances of the proposed sourceof water to which the property will be connected is not more than 180 feet; and

(b) The deepening or repair of the well would requirethe use of a well-drilling rig.

6. For good and sufficient reasons, the State Engineermay exempt the provisions of this section with respect to public housingauthorities.

7. Nothing in this section prohibits the StateEngineer from revoking a temporary permit issued pursuant to this section ifany parcel served by a well pursuant to the temporary permit is currentlyobtaining water from an entity such as a water district or a municipalityengaged in furnishing water to the inhabitants of the area.

[10.5:178:1939; added 1955, 328](NRS A 1989, 1401; 1999, 3542; 2001, 555; 2003, 622, 624)

NRS 534.125 StateEngineer to file notice related to temporary permit. If the State Engineerissues a temporary permit pursuant to NRS534.120 or if a well for domestic use is drilled in an area in which he hasissued such a temporary permit, he shall file a notice with the county recorderof the county in which the permit is issued or the well is drilled. The noticemust include a statement indicating that, if and when water can be furnished byan entity such as a water district or a municipality engaged in furnishingwater to the inhabitants of the designated area:

1. A temporary permit may be revoked;

2. The owner of a domestic well may be prohibited fromdeepening or repairing the well; and

3. The owner of the property served by the well may berequired to connect to this water source at his own expense.

(Added to NRS by 1999, 3541)

NRS 534.130 StateEngineer, assistants and Artesian Well Supervisor authorized to enter premisesto investigate and carry out duties. The StateEngineer, his assistants or authorized agents, and the Artesian WellSupervisor, or his assistants, shall have the right to enter the premises ofany owner or proprietor where any well mentioned in this chapter is situated atany reasonable hour of the day for the purpose of investigating and carryingout his or their duties in the administration of this chapter.

[11:178:1939; 1931 NCL 7993.20]

NRS 534.140 Welldrillers: Annual licenses; fees; continuing education; regulations for welldrilling; licensing by State Contractors Board.

1. Every well driller, before engaging in the physicaldrilling of a well in this State for development of water, must annually applyto the State Engineer for a license to drill.

2. The applications for those licenses and alllicenses issued for the drilling of wells must be in the form prescribed by theState Engineer.

3. All well-drilling licenses expire on June 30following their issuance and are not transferable.

4. A fee of $100 must accompany each application for alicense and a fee of $50 must be paid each year for renewal of the license.

5. Those license fees must be accounted for in theState Engineers Water License Account and used to pay costs pertaining tolicensing, the adoption and enforcement of regulations for well drilling andthe compensation of the members of the Well Drillers Advisory Board and theirexpenses.

6. The State Engineer, after consulting with the WellDrillers Advisory Board, shall adopt regulations relating to continuingeducation for well drillers.

7. The State Engineer shall prepare and keep on filein his office regulations for well drilling.

8. Before engaging in the physical drilling of a wellin this State for the development of water, every well driller who is the ownerof a well-drilling rig, or who has a well-drilling rig under lease or rental,or who has a contract to purchase a well-drilling rig, must obtain a license asa well driller from the State Contractors Board.

[Part 7a:178:1939; added 1947, 52; A 1955, 328](NRSA 1957, 719; 1963, 797; 1979, 115 1983, 407; 1991, 63, 1785; 2005, 456)

NRS 534.142 Paymentof child support: Statement by applicant for license to drill; grounds fordenial of license; duty of State Engineer. [Expires by limitation on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal ofa license to drill pursuant to NRS 534.140shall submit to the State Engineer the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The State Engineer shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the State Engineer.

3. A license to drill may not be issued or renewed bythe State Engineer if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the State Engineer shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2088)

NRS 534.144 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the State Engineer receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseto drill issued pursuant to NRS 534.140,the State Engineer shall deem the license issued to that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the State Engineer receives a letter issued to the holder of the licenseby the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The State Engineer shall reinstate a license todrill issued pursuant to NRS 534.140that has been suspended by a district court pursuant to NRS 425.540 if the State Engineer receivesa letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2089)

NRS 534.146 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor the issuance of a license to drill pursuant to NRS 534.140 must include the socialsecurity number of the applicant.

(Added to NRS by 1997, 2089)

NRS 534.150 WellDrillers Advisory Board: Appointment; terms of members; vacancies;compensation; duties.

1. For the purpose of examining applicants for welldrillers licenses, the State Engineer may appoint a Well Drillers AdvisoryBoard referred to in this section as the Board. The Board may be on aregional or statewide basis.

2. In making the initial appointments, the StateEngineer shall appoint members to staggered terms of 1, 2 and 3 years. Afterthe initial terms, members shall serve for 3-year terms.

3. The State Engineer may fill vacancies on the Board.

4. Each member of the Board is entitled to receive $60for each day and $30 for each half day spent doing the work of the Board. Anytime spent by members of the Board in work or travel necessary to the dischargeof their duties which is less than a full day but more than a half day must betreated for compensation as a full day. Any time less than a half day must betreated as a half day.

5. The purpose of the Board is to determine thequalifications of an applicant as a well driller and to submit its findings tothe State Engineer.

6. Regulations of the Board on examining applicantsfor well drillers licenses must be developed by the State Engineer incooperation with the Board upon its creation.

7. If a hearing is held by the State Engineer todetermine whether a licensed well driller is complying with the law or theregulations pertaining to well drilling, the State Engineer may avail himselfof the services of the Board in an advisory capacity.

[Part 7a:178:1939; added 1947, 52; A 1955, 328](NRSA 1963, 798; 1977, 1236; 1979, 793; 1981, 1986; 1985, 434)

NRS 534.160 Licenserequired to drill well; revocation of license; order to plug well; penalty forallowing unlicensed person to drill.

1. A person shall not drill a well for water in thisState without having first obtained a well-drilling license.

2. Well drillers must comply with the regulationsadopted by the State Engineer governing the drilling of water wells.

3. If the State Engineer determines, uponinvestigation and after hearing held upon at least 15 days notice sent by registeredor certified mail to the licensed well driller, that the well driller hasfailed to comply with the law or the required regulations, the State Engineermay revoke his license. The State Engineer may refuse to reissue a license to awell driller if he has violated the law or the regulations.

4. The order revoking or refusing to reissue a licenseis final unless an action for review by the district court is filed pursuant toNRS 533.450.

5. The State Engineer shall order any person whodrills a well without a license to plug that well. If the well is not pluggedwithin 30 days after the order, the State Engineer shall plug the well at theexpense of the person who owned or drilled the well.

6. If any licensed driller who owns, rents, leases orhas a contract to purchase a well-drilling rig allows an unlicensed person todrill or perform any work in connection with well drilling, except under thesupervision of the licensed driller, his license must be revoked or notreissued.

[Part 7a:178:1939; added 1947, 52; A 1955, 328](NRSA 1957, 719; 1969, 95; 1981, 360)

NRS 534.170 Welldriller to keep log and records; contents; information to be furnished to StateEngineer; report of test.

1. The well driller shall keep:

(a) A log of the depth, thickness and character of thedifferent strata penetrated and the location of water-bearing strata; and

(b) An accurate record of the work, including:

(1) A statement of the date of beginning work;

(2) The date of completion;

(3) The length, size and weight of the casingand how it is placed;

(4) The size of the drilled hole;

(5) Where sealed off and the type of seal;

(6) The name of the well driller and the type ofdrilling machine used;

(7) The number of cubic feet per second orgallons per minute of flow from such well when completed; and

(8) The pressure in pounds per square inch if itis a flowing well, and, if nonflowing, the static water level, and the watertemperature.

2. The well driller shall furnish a copy of the logand the record of work for every well drilled to the State Engineer within 30days after the well is completed.

3. If the well is to be tested by pumping by theholder of the permit, the report of the test must include the drawdown withrespect to the amount of water pumped and any additional information requestedby the State Engineer. This information must be reported and verified on formsprescribed by the State Engineer. The report must be returned:

(a) Immediately following the completion of the test;or

(b) Within 30 days following the completion of thewell,

whicheveroccurs later.

4. The log, record of the work and report of the testare a permanent record in the State Engineers office.

[Part 7a:178:1939; added 1947, 52; A 1955, 328](NRSA 1981, 1842)

NRS 534.180 Applicabilityof chapter to wells used for domestic purposes; registration and plugging ofwells used for domestic purposes.

1. Except as otherwise provided in subsection 2 and asto the furnishing of any information required by the State Engineer, thischapter does not apply in the matter of obtaining permits for the developmentand use of underground water from a well for domestic purposes where thedraught does not exceed a daily maximum of 1,800 gallons.

2. The State Engineer may designate any groundwaterbasin or portion thereof as a basin in which the registration of a well isrequired if the well is drilled for the development and use of undergroundwater for domestic purposes. A driller who drills such a well shall registerthe information required by the State Engineer within 10 days after thecompletion of the well. The State Engineer shall make available forms for theregistration of such wells and shall maintain a register of those wells.

3. The State Engineer may require the plugging of sucha well which is drilled on or after July 1, 1981, at any time not sooner than 1year after water can be furnished to the site by:

(a) A political subdivision of this State; or

(b) A public utility whose rates and service areregulated by the Public Utilities Commission of Nevada,

but only ifthe charge for making the connection to the service is less than $200.

[3:178:1939; A 1947, 52; 1949, 128; 1955, 328](NRS A1971, 868; 1977, 383; 1981, 1843; 1983, 2090; 1985, 1302; 1997, 2010)

NRS 534.185 Waiverof certain requirements for domestic wells by State Engineer; exceptions.

1. The State Engineer shall, upon written request andreceipt of a written agreement between the affected property owners, waive therequirements of this chapter regarding permits for the use and development ofunderground water from a well if:

(a) The well existed on July 1, 1983;

(b) It is used solely for domestic purposes by not morethan three single-family dwellings; and

(c) Each of those dwellings does not draw more than1,800 gallons of water in a day.

2. The State Engineer may require an owner who hasbeen granted such a waiver to apply for a permit if one or more of thedwellings is drawing more than 1,800 gallons of water in a day.

3. This section does not apply to any groundwaterbasin for which the State Engineer has in effect on July 1, 1983, a procedureof issuing revocable permits.

(Added to NRS by 1983, 1674)

NRS 534.190 Penalties. Any person violating any of the provisions of NRS 534.010 to 534.180, inclusive, shall be guilty of amisdemeanor.

[12:178:1939; A 1947, 52; 1943 NCL 7993.21](NRS A1967, 610)

NRS 534.250 Projectfor recharge, storage and recovery of water: Permit required; issuance,contents, modification and assignment of permit; monitoring requirements.

1. Any person desiring to operate a project must firstmake an application to, and obtain from, the State Engineer a permit to operatesuch a project.

2. The State Engineer shall, upon application, issue apermit to operate a project if he determines that:

(a) The applicant has the technical and financialcapability to construct and operate a project.

(b) The applicant has a right to use the proposedsource of water for recharge pursuant to an approved appropriation consistentwith this chapter and chapter 533 of NRS. Anydetermination made by the State Engineer for purposes of this paragraph is notbinding in any other proceeding.

(c) The project is hydrologically feasible.

(d) If the project is in an area of active management,the project is consistent with the program of augmentation for that area.

(e) The project will not cause harm to users of land orother water within the area of hydrologic effect of the project.

3. The holder of a permit may apply to the StateEngineer for approval to assign the permit to another person. The StateEngineer must approve the assignment if the person to whom the permit is to beassigned will meet the requirements of paragraphs (a) and (b) of subsection 2when the assignment is completed.

4. A permit for a project must include:

(a) The name and mailing address of the person to whomthe permit is issued.

(b) The name of the area of active management,groundwater basin or groundwater sub-basin, as applicable, in which the projectwill be located.

(c) The capacity and plan of operation of the project.

(d) Any monitoring program required pursuant tosubsection 5.

(e) Any conditions which are imposed pursuant to thischapter or any regulation adopted pursuant thereto.

(f) Any other information which the State Engineerdeems necessary to include.

5. The State Engineer shall require the holder of apermit to monitor the operation of the project and the effect of the project onusers of land and other water within the area of hydrologic effect of theproject. In determining any monitoring requirements, the State Engineer shallcooperate with all government entities which regulate or monitor, or both, thequality of water.

6. The State Engineer, on his initiative or at therequest of the holder of the permit, may modify the conditions of the permit ifmonitoring demonstrates that modifications are necessary. In determiningwhether modifications are necessary, the State Engineer shall consider uses ofland or water which were not in existence when the permit was issued.

(Added to NRS by 1987, 1771)

NRS 534.260 Projectfor recharge, storage and recovery of water: Contents of application forpermit. The State Engineer shall prescribe andfurnish guidelines for an application for a permit for a project. Theapplication must include:

1. A fee for application of $2,500;

2. The name and mailing address of the applicant;

3. The name of the area of active management,groundwater basin or groundwater sub-basin, as applicable, in which theapplicant proposes to operate the project;

4. The name and mailing address of the owner of theland on which the applicant proposes to operate the project;

5. The legal description of the location of theproposed project;

6. Such evidence of financial and technical capabilityas the State Engineer requires;

7. The source, quality and annual quantity of waterproposed to be recharged, and the quality of the receiving water;

8. The legal basis for acquiring and using the waterproposed to be recharged;

9. A description of the proposed project including itscapacity and plan of operation;

10. A copy of a study that demonstrates:

(a) The area of hydrologic effect of the project;

(b) That the project is hydrologically feasible;

(c) That the project will not cause harm to users ofland and water within the area of hydrologic effect; and

(d) The percentage of recoverable water;

11. The proposed duration of the permit; and

12. Any other information which the State Engineerrequires.

(Added to NRS by 1987, 1771)

NRS 534.270 Projectfor recharge, storage and recovery of water: Review of application for permit;notice of application; protests; hearing; determination; judicial review.

1. Upon receipt of an application for a permit to operatea project, the State Engineer shall endorse on the application the date it wasreceived and keep a record of the application. He shall conduct an initialreview of the application within 45 days after receipt of the application. Ifthe State Engineer determines in the initial review that the application isincomplete, he shall notify the applicant. The application is incomplete untilthe applicant files all the information requested in the application. The StateEngineer shall determine whether the application is correct within 180 daysafter receipt of a complete application. The State Engineer may requestadditional information from the applicant. The State Engineer may conduct suchindependent investigations as are necessary to determine whether theapplication should be approved or rejected.

2. If the application is determined to be complete andcorrect, the State Engineer, within 30 days after such a determination or alonger period if requested by the applicant, shall cause notice of the applicationto be given once each week for 2 consecutive weeks in a newspaper of generalcirculation in the county or counties in which persons reside who couldreasonably be expected to be affected by the project. The notice must state:

(a) The legal description of the location of theproposed project;

(b) A brief description of the proposed projectincluding its capacity;

(c) That any person who may be adversely affected bythe project may file a written protest with the State Engineer within 30 daysafter the last publication of the notice;

(d) The date of the last publication;

(e) That the grounds for protesting the project arelimited to whether the project would be in compliance with subsection 2 of NRS 534.250;

(f) The name of the applicant; and

(g) That a protest must:

(1) State the name and mailing address of theprotester;

(2) Clearly set forth the reason why the permitshould not be issued; and

(3) Be signed by the protester or theprotesters agent or attorney.

3. A protest to a proposed project:

(a) May be made by any person who may be adverselyaffected by the project;

(b) Must be in writing;

(c) Must be filed with the State Engineer within 30days after the last publication of the notice;

(d) Must be upon a ground listed in subsection 2 of NRS 534.250;

(e) Must state the name and mailing address of theprotester;

(f) Must clearly set forth the reason why the permitshould not be issued; and

(g) Must be signed by the protester or the protestersagent or attorney.

4. Upon receipt of a protest, the State Engineer shalladvise the applicant by certified mail that a protest has been filed.

5. Upon receipt of a protest, or upon his own motion,the State Engineer may hold a hearing. Not less than 30 days before thehearing, the State Engineer shall send by certified mail notice of the hearingto the applicant and any person who filed a protest.

6. The State Engineer shall either approve or denyeach application within 1 year after the final date for filing a protest,unless he has received a written request from the applicant to postpone hisdecision or, in the case of a protested application, from both the protesterand the applicant. The State Engineer may delay action on the applicationpursuant to paragraph (c) of subsection 2 of NRS533.370.

7. Any person aggrieved by any decision of the StateEngineer made pursuant to subsection 6, may appeal that decision to thedistrict court pursuant to NRS 533.450.

(Added to NRS by 1987, 1772; A 2003, 2983)

NRS 534.280 Projectfor recharge, storage and recovery of water: Annual report to State Engineer.

1. Any person who holds a permit for a project mustcompile and file with the State Engineer annual reports which define theoperation of the project and provide such information as the State Engineerrequires.

2. Each report must contain either a sworn statementor a certification, under penalty of perjury, that the information contained inthe report is true and correct according to the best belief and knowledge ofthe person filing the report.

3. The annual report must be maintained on acalendar-year basis for the preceding calendar year. If a person who isrequired to file an annual report under this section fails to file a reportwhen due, the State Engineer may assess and collect a penalty of $500 for eachmonth or portion of a month that the annual report is delinquent. The totalpenalty assessed under this subsection must not exceed $5,000.

4. The records and reports required to be kept andfiled pursuant to this section must be in such form as the State Engineerprescribes.

(Added to NRS by 1987, 1773)

NRS 534.290 Projectfor recharge, storage and recovery of water: Permit for recovery well; recoverylimited to designated wells; designation of person entitled to recover water;use or exchange of recovered water.

1. A permit for a recovery well must comply with therequirements of this chapter and chapter 533of NRS.

2. The holder of a permit for a project may recoverwater stored pursuant to the permit only from wells designated by the holderand approved by the State Engineer, located within the area of hydrologiceffect of the project as determined by the State Engineer.

3. The person entitled to recover the water must bedesignated by the holder of the permit and approved by the State Engineer.

4. The holder of a permit for a project and a permitfor a recovery well may use or exchange water recovered pursuant to thosepermits only in the manner in which it was permissible for him to use thatwater before it was stored.

(Added to NRS by 1987, 1774)

NRS 534.300 Projectfor recharge, storage and recovery of water: Storage account to be established;limit on amount of water recovered.

1. The State Engineer shall establish a storageaccount for each project for which he has issued a permit. If the projectstores water from more than one source, he shall establish subaccounts for eachsource of water.

2. The holder of a permit for a project may recoveronly the recoverable amount of water that is stored by the project.

3. For the purposes of this section, recoverableamount means the amount of water, as determined by the State Engineer, thathas reached the aquifer and remains within the area of active management.

(Added to NRS by 1987, 1774)

NRS 534.310 Projectfor recharge, storage and recovery of water: Annual fee for permit; dispositionof money received by State Engineer; employment of consultants by StateEngineer.

1. The State Engineer shall levy and collect an annualfee from each person who holds a permit for a project. The State Engineer shallestablish the amount of the fee for the following year not later than October 1of each year.

2. Within 30 days after the State Engineer sets thefee, he shall mail written notice of the fee to all holders of permits.

3. The fee must be paid to the State Engineer at thetime the person holding a permit files an annual report. If a person who isrequired to pay a fee fails to pay the fee when due, the State Engineer mayassess and collect a penalty of 10 percent of the unpaid fee, withoutcompounding, for each month or portion of a month that the fee is delinquent.The total penalty assessed must not exceed 60 percent of the unpaid fee.

4. Money received by the State Engineer pursuant tothis section, subsection 1 of NRS 534.260and subsection 3 of NRS 534.280 must bedeposited with the State Treasurer for credit to the Account for Projects forRecharge, Underground Storage and Recovery of Water in the State General Fund.The interest and income earned on the money in the Account, after deducting anyapplicable charges, must be credited to the Account. Money in the Account mustonly be used for the administration of this chapter.

5. The State Engineer may employ special consultantsto assist him in fulfilling his responsibilities pursuant to this chapter.

(Added to NRS by 1987, 1774; A 1989, 288)

NRS 534.320 Projectfor recharge, storage and recovery of water: Revocation or suspension ofpermit; orders to cease and desist; injunction.

1. The State Engineer may periodically review aproject to determine if the holder of the permit is complying with the termsand conditions of the permit and the public interest is properly guarded. TheState Engineer may permanently revoke or temporarily suspend the permit forgood cause after an investigation and a hearing. Notice must be sent to theholder of the permit at least 15 days before the hearing, by registered orcertified mail, that the holder has failed to comply with this chapter. Indetermining whether to revoke or suspend a permit, the State Engineer shallconsider uses of land and water which were not in existence when the permit wasissued.

2. Except as otherwise provided in subsection 3, ifthe State Engineer has reason to believe that a person is violating or hasviolated a provision of this chapter or a permit issued or regulation adoptedpursuant to this chapter, the State Engineer may issue a written notice thatthe person must appear and show cause, at a hearing before the State Engineernot less than 15 days after the receipt of the notice, why the person shouldnot be ordered to cease and desist from the violation. The notice must informthe person of the date, time and place of the hearing and the consequences offailure to appear.

3. If the State Engineer finds that a person isconstructing or operating a project in violation of this chapter, the StateEngineer may issue a temporary order for the person to cease and desist theconstruction pending final action by the State Engineer pursuant to subsection4. The order must include written notice to the person of the date, time andplace where the person must appear at a hearing before the State Engineer toshow cause why the temporary order should be vacated. The hearing must be heldnot less than 15 days after the date of the order.

4. After a hearing pursuant to subsection 2 or 3, orafter the expiration of the time to appear, the State Engineer shall issue adecision and order. The decision and order may take such form as the StateEngineer determines to be reasonable and appropriate and may include adetermination of violation, an order to cease and desist, the recommendation ofa civil penalty and an order directing that positive steps be taken to abate orameliorate any harm or damage arising from the violation. The person affectedmay appeal the decision to the district court pursuant to NRS 533.450.

5. If the person continues the violation after theState Engineer has issued a final decision and order pursuant to subsection 4or a temporary order pursuant to subsection 3, the State Engineer may apply fora temporary restraining order or a preliminary or permanent injunction from thedistrict court. A decision to seek injunctive relief does not preclude otherforms of relief or enforcement against the violator.

(Added to NRS by 1987, 1774)

NRS 534.330 Projectfor recharge, storage and recovery of water: Penalties.

1. A person who is determined pursuant to NRS 534.320 to be in violation of thischapter or a permit issued or regulation adopted pursuant to this chapter maybe assessed a civil penalty in an amount not exceeding:

(a) One hundred dollars per day of violation notdirectly related to illegal recovery or use of stored water; or

(b) Ten thousand dollars per day of violation directlyrelated to illegal recovery or use of stored water.

2. An action to recover penalties pursuant to thissection must be brought by the State Engineer in the district court in thecounty in which the violation occurred.

(Added to NRS by 1987, 1775)

NRS 534.340 Projectfor recharge, storage and recovery of water: Designation of areas of active management. The State Engineer shall designate areas of activemanagement pursuant to NRS 534.030.

(Added to NRS by 1987, 1776)

NRS 534.350 StateEngineer to establish program that allows public water system to receivecredits for addition of new customers to system.

1. The State Engineer shall adopt regulationsestablishing a program that allows a public water system to receive credits, asprovided in this section, for the addition of new customers to the system. Theprogram must be limited to public water systems in areas:

(a) Designated as groundwater basins by the StateEngineer pursuant to the provisions of NRS534.030; and

(b) In which the State Engineer has denied one or moreapplications for any municipal uses of groundwater.

2. Before the State Engineer adopts any regulationspursuant to this section regarding any particular groundwater basin, he shallhold a public hearing:

(a) Within the basin to which the regulations willapply if adequate facilities to hold a hearing are available within that basin;or

(b) In all other cases, within the county where themajor portion of that basin lies,

to taketestimony from any interested persons regarding the proposed regulations.

3. Upon adoption of the regulations required by thissection regarding a particular groundwater basin, a public water system whichprovides service in that basin is entitled to receive a credit for eachcustomer who is added to the system after the adoption of those regulationsand:

(a) Voluntarily ceases to draw water from a domesticwell located within that basin; or

(b) Is the owner of a lot or other parcel of land,other than land used or intended solely for use as a location for a water well,which:

(1) Is located within that basin;

(2) Was established as a separate lot or parcelbefore July 1, 1993;

(3) Was approved by a local governing body orplanning commission for service by an individual domestic well before July 1,1993; and

(4) Is subject to a written agreement which wasvoluntarily entered into by the owner with the public water system pursuant towhich the owner agrees not to drill a domestic well on the land and the publicwater system agrees that it will provide water service to the land. Any suchagreement must be acknowledged and recorded in the same manner as conveyancesaffecting real property are required to be acknowledged and recorded pursuantto chapter 111 of NRS.

4. The State Engineer may require a new customer, whovoluntarily ceases to draw water from a domestic well as provided in paragraph(a) of subsection 3, to plug that well.

5. A credit granted pursuant to this section:

(a) Must be sufficient to enable the public watersystem to add one service connection for a single-family dwelling to thesystem, except that the credit may not exceed the increase in water consumptionattributable to the additional service connection or 1,800 gallons per day,whichever is less.

(b) May not be converted to an appropriative waterright.

6. This section does not:

(a) Require a public water system to extend its servicearea.

(b) Authorize any increase in the total amount ofgroundwater pumped in a groundwater basin.

(c) Affect any rights of an owner of a domestic wellwho does not voluntarily bring himself within the provisions of this section.

7. As used in this section:

(a) Domestic well means a well used for culinary andhousehold purposes in a single-family dwelling, including the watering of agarden, lawn and domestic animals and where the draught does not exceed 1,800gallons per day.

(b) Public water system has the meaning ascribed toit in NRS 445A.840.

(Added to NRS by 1993, 1154)

NRS 534.360 WaterRights Technical Support Fund: Creation; administration; uses.

1. There is hereby created in the State Treasury afund to be designated as the Water Rights Technical Support Fund to beadministered by the Board for Financing Water Projects.

2. The Water Rights Technical Support Fund is acontinuing fund without reversion. Money in the Fund must be invested as themoney in other funds is invested. The interest and income earned on the moneyin the Fund, after deducting any applicable charges, must be credited to theFund. Claims against the Fund must be paid as other claims against the Stateare paid.

3. The Board for Financing Water Projects may acceptgifts, grants and donations from any source for deposit in the Water RightsTechnical Support Fund.

4. Except as otherwise provided in subsection 5, moneyin the Water Rights Technical Support Fund must be used by the Board forFinancing Water Projects only to make grants to a local government to:

(a) Obtain and provide expert and technical assistanceto gather data to protect its existing water rights; or

(b) Fund projects to enhance or protect its existingwater rights.

5. Any grant of money from the Water Rights TechnicalSupport Fund must not be used by a local government to pay for any assistanceor projects as set forth in subsection 4 if the only purpose of the assistanceor project is to obtain evidence, including, without limitation, technicalevidence and oral testimony or to pay for expert witnesses or attorneys feesfor or in anticipation of any administrative or judicial proceeding, including,without limitation, hearings before the State Engineer or in any state orfederal court.

(Added to NRS by 2005, 2565)

 

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