Nev. Admin. Code § 534.450

Current through September 16, 2024
Section 534.450 - Waiver of requirement of this chapter
1. the State Engineer may, for good cause shown, waive a requirement of the provisions of this chapter.
2. A request for a waiver of a requirement of this chapter must be made in writing to the State Engineer, accompanied by the fee required pursuant to NRS 533.435 and include, without limitation:
(a) A detailed statement of the reason for requesting the waiver and the section of this chapter to be waived;
(b) The location of the well by public land survey and global positioning system coordinates and the county assessor's parcel number;
(c) The name and address of the owner of the well;
(d) The street address of the location of the well or, if there is no street address, a description of the location of the proposed well, including, but not limited to, common landmarks and crossstreets near the location of the well;
(e) A description of the proposed design and a sectional drawing of the well that includes the depths to the aquifers, the locations of the screens and seals and the materials that will be used;
(f) If the well is 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) Any available data to categorize the hydraulic heads, water quality and permeability characteristics of the aquifer;
(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; and
(i) Any other information required pursuant to the provisions of this chapter.
3. After reviewing the request, the State Engineer will issue a written notice of his or her decision to the responsible party.
4. Each waiver will bear a unique number preceded by the letter "R." 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.
5. The well driller shall ensure that the well complies with the provisions of the waiver and have a copy of the waiver in the well driller's possession when he or she drills the well.
6. 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.

Nev. Admin. Code § 534.450

St. Engineer, Drilling Wells Reg. Part 15, 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. 6/23/2021
NRS 534.020, 534.050, 534.110