Nev. Admin. Code § 534.310

Current through October 11, 2024
Section 534.310 - Nondesignated basins
1. Except as otherwise provided in NAC 534.315:
(a) In basins which have not been designated by the State Engineer, a person who drills a well before receiving a permit to appropriate water or a waiver does so at the risk that a permit to appropriate water or a waiver cannot be obtained; and
(b) A person shall not use water from a well until a permit or waiver has been obtained pursuant to NRS 534.050.
2. Except as otherwise provided in this subsection, in basins which have not been designated by the State Engineer, the well driller may proceed to drill a well whether or not the owner of the property has a permit to appropriate water or a waiver. If the well will be located on public land, before the well driller may drill the well, a notarized affidavit must be filed with the Division on a form prescribed by the Division by the person responsible for plugging the well upon abandonment acknowledging that the person is responsible for plugging the well.
3. A replacement well must be drilled pursuant to NRS 534.065. Drilling must not be suspended without completing the replacement well and plugging the original well unless approved by the Division.
4. In basins which have not been designated by the State Engineer, if the owner of the property has not applied for a permit to appropriate water or a waiver within 1 year after the date on which the well is completed, the well must be plugged as required by NAC 534.427.

Nev. Admin. Code § 534.310

St. Engineer, Drilling Wells Reg. Part 11, eff. 5-19-81-NAC A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; A by R044-14, eff. 10/24/2014; A by R068-20A, eff. 12/29/2020; A by R068-20CAP, eff. 6/23/2021
NRS 534.020, 534.110