Section 534.444 - Waiver to use water to explore for oil, gas or geothermal resources1. A request for a waiver to allow the temporary use of water from an existing well to explore for oil, gas or geothermal resources, or to drill a well and use the water from the well to explore for oil, gas or geothermal resources, 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 location of the proposed water well and the oil, gas or geothermal well by public land survey and global positioning system coordinates, county assessor's parcel number, map of the vicinity and plat map;(b) The oil, gas or geothermal state or federal permit and lease number, name of the well and American Petroleum Institute number, if assigned;(c) The amount of water that will be used from the well each day, which must not exceed 5 acre-feet per well for the duration of the waiver;(d) The date the project is scheduled to be completed;(e) The name, address and telephone number of the person responsible for plugging the well, and the name, address and telephone number of the owner of the land if the owner is not the person who is responsible for plugging the well;(f) 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;(g) The name, address and telephone number of a person who will be available to answer questions concerning the well; 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 that allows the temporary use of water from a water well to explore for oil, gas or geothermal resources will bear a unique number preceded by the letters "OG." 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 or expiration of the waiver, whichever occurs first. For purposes of this subsection, "expiration of the waiver" means the date on which the waiver is permanently expired pursuant to subsection 5 of section 14 of this regulation.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 will not be granted pursuant to this section if the State Engineer determines that the quantity of water requested will adversely affect or impair existing water rights or domestic wells.7. 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 § 534.444
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. 6/23/2021NRS 534.020, 534.050, 534.110