Section 534.448 - Waiver to drill well in shallow groundwater system to alleviate certain potential hazards1. A request for a waiver to drill a well in a shallow groundwater system for removing water for the purpose of alleviating potential hazards to persons and property resulting from the rise of groundwater caused by secondary recharge must be submitted to the State Engineer in writing, accompanied by the fee required pursuant to NRS 533.435 and include, without limitation: (a) The location of the proposed well by public land survey, and global positioning system coordinates, county assessor's parcel number, map of the vicinity and plat map;(b) The project and contract number, if applicable;(c) The total amount of water that will be used from the well each day;(d) A proposed construction sketch of the proposed well;(e) The name of the proposed well;(f) 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 where the well will be located if the owner is not the person responsible for plugging the well;(g) If the well 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;(h) The name, address and telephone number of a person who will be available to answer questions concerning the project; (i) The date the project is scheduled to be completed; and(j) 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 to drill a well in a shallow groundwater system for removing water for the purpose of alleviating potential hazards to persons and property resulting from the rise of groundwater caused by secondary recharge will bear a unique number preceded by the letters "DW." 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. Written authorization from the appropriate agency for the discharge of dewatering water must be submitted with the waiver request.7. 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.8. The owner of the well shall keep monthly records of the amount of water pumped from each well granted in the waiver and submit those records to the State Engineer within 15 days after the end of each calendar quarter unless otherwise specified in the waiver.9. 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 § 534.448
Added to NAC by St. Engineer, eff. 12-30-97; A by 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