Section 534.440 - Waiver to drill exploratory well to determine quality or quantity of water in designated basin1. A request for a waiver to drill an exploratory well to determine the quality or quantity of water pursuant to NRS 534.050 in a designated basin 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 by public land survey and global positioning system coordinates, county assessor's parcel number, map of the vicinity and plat map of the exploratory well anticipated to be drilled;(b) The name, address and telephone number of the person who:(1) Is collecting data from the exploratory well; and(2) Will be available to answer questions concerning the exploratory well;(c) The reason for requesting a waiver;(d) The proposed diameter and depth of the exploratory well;(e) The estimated starting and completion dates of the exploratory well;(f) The name, address and telephone number of the person who will be responsible for plugging the exploratory well, and the name, address and telephone number of the owner of the land where the exploratory well will be located if the owner is not the person responsible for plugging the well;(g) If the exploratory 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 exploratory well upon abandonment acknowledging that responsibility; and(h) If a waiver is requested for multiple exploratory wells, a list and the required information for all exploratory wells for which a waiver is requested on the "Additional Well Locations" form.2. Each waiver for an exploratory well will bear a unique number preceded by the letter "W." 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. The duration of the development and testing of the flow of the exploratory well must not exceed 72 hours, unless otherwise approved in the waiver.4. A copy of the waiver must be in the possession of the well driller at the drill site.5. The exploratory well must be: (a) Plugged by the well driller in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 within 3 days after the completion of the aquifer tests for which the well was drilled; or(b) Except as otherwise provided in this paragraph, completed as a well pursuant to the provisions of this chapter before the drill rig is removed from the drill site. The wellhead must be secured at the surface and water may not be used from the exploratory well until a permit to appropriate underground water is approved. If a permit to appropriate underground water is not approved at the location of the exploratory well within 1 year after the date of completion of the exploratory well, the exploratory well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422.6. The water from the exploratory well may not be used for any purpose other than the purposes set forth in the waiver without the written approval of the State Engineer.7. A waiver to drill an exploratory well will not be granted pursuant to this section for a well in an area in which the Division determines there is sufficient information existing concerning the aquifer for the area. 8. A waiver granted pursuant 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 § 534.440
St. Engineer, Drilling Wells Reg. Part 16, eff. 5-19-81-NAC A 1-9-90; 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