Nev. Admin. Code § 534.442

Current through November 8, 2024
Section 534.442 - Waiver to use water to explore for minerals
1. A request for a waiver to allow a temporary use of water from an existing well to explore for minerals or to drill a well and to use the water from the well to explore for minerals must be submitted to the State Engineer in writing, accompanied by the filing fee required pursuant to NRS 533.435 and include, without limitation:
(a) The amount of water that will be used from the well each day, which must not exceed 5 acre-feet per project;
(b) A brief description of the manner in which the water will be put to a beneficial use;
(c) The location of the water well by public land survey and global positioning system coordinates, county assessor's parcel number, map of the vicinity and plat map;
(d) The name, address and telephone number of the person who will be responsible for plugging the well, and the name, address and telephone number of the owner of the land where the well will be located if the owner is not the person responsible for plugging the well;
(e) If the well is or will be located on public land, a notarized affidavit, on a form prescribed by the Division, from the person who will be responsible for plugging the well upon abandonment acknowledging that responsibility;
(f) The name, address and telephone number of a person who will be available to answer questions concerning the well;
(g) The date the project is scheduled to be completed; and (h) If a waiver is requested for multiple wells, a list and the required information for all wells for which a waiver is requested on the "Additional Well Locations" form.
2. A waiver granted for the temporary use of water from a well for the exploration of minerals will bear a unique number preceded by the letters "MM." The notice of intent submitted to the Division pursuant to NAC 534.320 and the Well Driller's Report submitted to the State Engineer pursuant to NRS 534.170 and NAC 534.340 must bear this number.
3. A copy of the waiver must be in the possession of the well driller at the drill site.
4. The well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 within 3 days after the completion of the project.
5. The water from the well may not be used for any purpose other than the purpose set forth in the waiver without the written approval of the State Engineer.
6. A waiver granted in accordance with this section is valid for up to 1 year after the date on which the waiver is approved and may be extended pursuant to section 14 of this regulation.

Nev. Admin. Code § 534.442

Added to NAC by St. Engineer, eff. 1-9-90; 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, 534.050, 534.110