Nev. Admin. Code § 534.427

Current through August 29, 2024

Section 534.427 - Mandatory plugging of certain wells

1. If any type of permit, certificate, waiver or application to appropriate water from a water well is cancelled, abrogated, forfeited, withdrawn, expired or denied, the well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422.

2. A well, other than a water well drilled for a domestic purpose, must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 if:

(a) The Division has not issued a permit or waiver for the well; or

(b) The well is not located in a designated basin and the owner of the well has not applied for a water right permit or waiver from the Division within 1 year after the date on which the well is completed.

3. A well, including a water well drilled for a domestic purpose, must also be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 if the State Engineer sends a notice to the owner of the well by certified mail, return receipt requested, indicating that the well must be plugged and either:

(a) The State Engineer has determined that the well is in any manner defective; or

(b) The Division makes a finding that:

(1) The well tends to impair existing rights or the safety and welfare of the residents of this State;

(2) The mechanical integrity of the construction of the well has failed or is unknown;

(3) The well was not drilled in compliance with the provisions of this chapter;

(4) The well was not drilled in compliance with the provisions of chapter 534 of NRS;

(5) The well tends to cause contamination of the groundwater aquifer;

(6) There is no evidence of impending use of the well for any legal purpose or that no legal use of the well is allowed; or

(7) The well tends to cause water to be wasted above or below the surface of the well.

Nev. Admin. Code § 534.427

Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; 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, 534.060, 534.110