[Rev. 2/11/2015 11:26:59
AM--2014R2]
CHAPTER 534 - UNDERGROUND WATER AND WELLS
NRS 534.010 Definitions.
NRS 534.0105 “Aquifer”
defined.
NRS 534.011 “Area
of active management” defined.
NRS 534.0115 “Area
of hydrologic effect” defined.
NRS 534.012 “Artesian
well” defined.
NRS 534.0125 “Augmentation”
defined.
NRS 534.013 “Domestic
use” and “domestic purposes” defined.
NRS 534.0135 “Percolating
waters” defined.
NRS 534.014 “Person”
defined.
NRS 534.0145 “Project”
defined.
NRS 534.015 “Recharged
water” defined.
NRS 534.0155 “Storage
account” defined.
NRS 534.016 “Stored
water” defined.
NRS 534.0165 “Waste”
defined.
NRS 534.017 “Well
driller” defined.
NRS 534.0175 “Well
drilling” and “drilling a well” defined.
NRS 534.020 Underground
waters belong to public and are subject to appropriation for beneficial use;
declaration of legislative intent.
NRS 534.025 Removal
of underground waters to alleviate hazards caused by secondary recharge is
beneficial use.
NRS 534.030 Administration
by State Engineer: Petition by appropriators in basin; hearing in absence of
petition; certain artesian water, underground aquifers and percolating water;
advisory services of governing bodies of water districts and water conservation
boards.
NRS 534.035 Groundwater
boards: Establishment; number, appointment, terms and expenses of members;
officers; meetings and quorum; duties; dissolution.
NRS 534.037 Groundwater
management plan for basin designated as critical management area: Petition;
hearing; approval or disapproval; judicial review; amendment.
NRS 534.040 Employment
and compensation of well supervisor and assistants; levy, collection and
distribution of special assessment.
NRS 534.050 Permit
to appropriate water required before sinking well in designated groundwater
basin; requirements in undesignated areas; waivers; penalties.
NRS 534.060 Conditions
for sinking wells; casings and appliances; repair of defective wells; liens;
sealing of wells; use of abandoned wells to monitor groundwater.
NRS 534.070 Waste
of water from artesian well unlawful.
NRS 534.080 Appropriation
of underground water for beneficial use from artesian, definable aquifer or
percolating water: Acquisition of rights under chapter
533 of NRS; orders to desist; dates of priority.
NRS 534.090 Forfeiture
and abandonment of rights.
NRS 534.100 Recognition
of existing water rights; classification of water in definable aquifer or
percolating water by State Engineer; adjudication of vested underground water
rights.
NRS 534.110 Rules
and regulations of State Engineer; statements and pumping tests; conditions of
appropriation; designation of critical management areas; restrictions.
NRS 534.120 State
Engineer authorized to make rules, regulations and orders when groundwater is
being depleted in designated area; preferred uses of water; temporary permits
to appropriate water; revocation of temporary permits; restrictions placed on
certain wells.
NRS 534.125 State
Engineer to file notice related to temporary permit.
NRS 534.130 State
Engineer, assistants and Artesian Well Supervisor authorized to enter premises
to investigate and carry out duties.
NRS 534.140 Well
drillers: Annual licenses; fees; continuing education; regulations for well
drilling; licensing by State Contractors’ Board.
NRS 534.141 Application
for renewal of license must include certain information regarding state
business license; grounds for denial of renewal.
NRS 534.142 Payment
of child support: Statement by applicant for license to drill; grounds for
denial of license; duty of State Engineer. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 534.144 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 534.146 Application
for license to include social security number of applicant. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 534.150 Well
Drillers’ Advisory Board: Appointment; terms of members; vacancies;
compensation; duties.
NRS 534.160 License
required to drill well; revocation of or refusal to reissue license; order to plug
well; penalty for allowing unlicensed person to drill.
NRS 534.170 Well
driller to keep log and records; contents; information to be furnished to State
Engineer; report of test.
NRS 534.180 Applicability
of chapter to wells used for domestic purposes; registration and plugging of
wells used for domestic purposes; wells for accessory dwelling unit of
single-family dwelling.
NRS 534.185 Waiver
of certain requirements for domestic wells by State Engineer; exceptions.
NRS 534.190 Penalties.
NRS 534.193 Additional
penalties.
NRS 534.195 Injunctive
and other relief.
NRS 534.250 Project
for recharge, storage and recovery of water: Permit required; issuance,
contents, modification and assignment of permit; monitoring requirements.
NRS 534.260 Project
for recharge, storage and recovery of water: Contents of application for
permit.
NRS 534.270 Project
for recharge, storage and recovery of water: Review of application for permit;
notice of application; protests; hearing; determination; judicial review.
NRS 534.280 Project
for recharge, storage and recovery of water: Annual report to State Engineer.
NRS 534.290 Project
for recharge, storage and recovery of water: Permit for recovery well; recovery
limited to designated wells; designation of person entitled to recover water;
use or exchange of recovered water.
NRS 534.300 Project
for recharge, storage and recovery of water: Storage account to be established;
limit on amount of water recovered.
NRS 534.310 Project
for recharge, storage and recovery of water: Annual fee for permit; disposition
of money received by State Engineer; employment of consultants by State
Engineer.
NRS 534.320 Project
for recharge, storage and recovery of water: Revocation or suspension of
permit; orders to cease and desist; injunction.
NRS 534.330 Project
for recharge, storage and recovery of water: Penalties.
NRS 534.340 Project
for recharge, storage and recovery of water: Designation of areas of active
management.
NRS 534.350 Requirements
for certain public water system to receive credits for addition of new
customers to system.
NRS 534.360 Water
Rights Technical Support Account: Creation; administration; uses.
_________
_________
NRS 534.010 Definitions.
1. As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 534.0105 to 534.0175,
inclusive, have the meanings ascribed to them in those sections.
2. As used in this chapter, the terms
“underground water” and “groundwater” are synonymous.
[Part 2:178:1939; A 1947, 52; 1949, 128; 1955,
328]—(NRS A 1957, 714; 1971, 867; 1981, 658; 1985, 522, 1302; 1987, 1776)
NRS 534.0105 “Aquifer” defined. “Aquifer”
means a geological formation or structure that stores or transmits water, or
both.
(Added to NRS by 1987, 1770)
NRS 534.011 “Area of active management” defined. “Area
of active management” means an area:
1. In which the State Engineer is
conducting particularly close monitoring and regulation of the water supply
because of heavy use of that supply; and
2. Which has received that designation by
the State Engineer pursuant to NRS 534.030.
(Added to NRS by 1987, 1770; A 1989, 598)
NRS 534.0115 “Area of hydrologic effect” defined. “Area
of hydrologic effect” means the surface area of land covering the extent of
hydrologic response of water recharged pursuant to a project to recharge.
(Added to NRS by 1987, 1770)
NRS 534.012 “Artesian well” defined. “Artesian
well” means a well tapping an aquifer underlying an impervious material in
which the static water level in the well stands above where it is first
encountered in the aquifer.
(Added to NRS by 1987, 1770)
NRS 534.0125 “Augmentation” defined. “Augmentation”
means to increase the volume of stored water in a system of aquifers by
artificially introducing water into that system.
(Added to NRS by 1987, 1770)
NRS 534.013 “Domestic use” and “domestic purposes” defined. “Domestic use” or “domestic purposes” extends
to culinary and household purposes directly related to:
1. A single-family dwelling; and
2. An accessory dwelling unit for a
single-family dwelling if provided for in an applicable local ordinance,
Ê including,
without limitation, the watering of a family garden and lawn and the watering
of livestock and any other domestic animals or household pets, if the amount of
water drawn does not exceed the maximum amount set forth in NRS 534.180 for exemption from the application of this
chapter.
(Added to NRS by 1987, 1770; A 1999, 1184; 2007, 842)
NRS 534.0135 “Percolating waters” defined. “Percolating
waters” are underground waters, the course and boundaries of which are
incapable of determination.
(Added to NRS by 1987, 1770)
NRS 534.014 “Person” defined. “Person”
includes any municipal corporation, power district, political subdivision of
this or any state, or an agency of the United States Government.
(Added to NRS by 1987, 1770)
NRS 534.0145 “Project” defined. “Project”
means a facility designed and constructed to add water to a system of aquifers,
store water underground and recover that water pursuant to a permit issued
pursuant to NRS 534.250.
(Added to NRS by 1987, 1770)
NRS 534.015 “Recharged water” defined. “Recharged
water” means water that reaches or percolates into an aquifer or system of
aquifers:
1. Through natural processes;
2. By secondary recharge as a result of
beneficial uses; or
3. Artificially through facilities
specifically constructed for that purpose.
(Added to NRS by 1987, 1770)
NRS 534.0155 “Storage account” defined. “Storage
account” means an account established pursuant to NRS
534.300 for a project for underground storage and recovery.
(Added to NRS by 1987, 1770)
NRS 534.016 “Stored water” defined. “Stored
water” means water which has been stored underground for the purpose of
recovery pursuant to a permit issued pursuant to NRS
534.250.
(Added to NRS by 1987, 1770)
NRS 534.0165 “Waste” defined. “Waste”
means causing, suffering or permitting any artesian well to discharge water
unnecessarily above or below the surface of the ground so that the waters
thereof are lost for beneficial use or in any canal or ditch conveying water
from a well where the loss of water in transit is more than 20 percent of the
amount of the water discharged from the well.
(Added to NRS by 1987, 1770)
NRS 534.017 “Well driller” defined. “Well
driller” means any person who drills a well or wells, for compensation or
otherwise.
(Added to NRS by 1987, 1770)
NRS 534.0175 “Well drilling” and “drilling a well” defined. “Well drilling” or “drilling a well” are
synonymous, and mean drilling or boring new wells, placing casing in wells,
cleaning and repairing existing wells, cementing wells and doing all other
things normally associated with the construction or rehabilitation of wells.
(Added to NRS by 1987, 1770)
NRS 534.020 Underground waters belong to public and are subject to
appropriation for beneficial use; declaration of legislative intent.
1. All underground waters within the
boundaries of the State belong to the public, and, subject to all existing
rights to the use thereof, are subject to appropriation for beneficial use only
under the laws of this State relating to the appropriation and use of water and
not otherwise.
2. It is the intention of the Legislature,
by this chapter, to prevent the waste of underground waters and pollution and
contamination thereof and provide for the administration of the provisions
thereof by the State Engineer, who is hereby empowered to make such rules and
regulations within the terms of this chapter as may be necessary for the proper
execution of the provisions of this chapter.
[1:178:1939; 1931 NCL § 7993.10]
NRS 534.025 Removal of underground waters to alleviate hazards caused by
secondary recharge is beneficial use. The
removal of groundwater from any basin in Nevada, to alleviate potential hazards
to persons and property resulting from the rise of groundwater caused by
secondary recharge, is hereby declared to be a beneficial use if it is
accomplished pursuant to the terms and conditions of a waiver issued pursuant
to paragraph (c) of subsection 2 of NRS 534.050.
(Added to NRS by 1987, 1776)
NRS 534.030 Administration by State Engineer: Petition by appropriators in
basin; hearing in absence of petition; certain artesian water, underground
aquifers and percolating water; advisory services of governing bodies of water
districts and water conservation boards.
1. Upon receipt by the State Engineer of a
petition requesting the State Engineer to administer the provisions of this
chapter as relating to designated areas, signed by not less than 40 percent of
the appropriators of record in the Office of the State Engineer, in any
particular basin or portion therein, the State Engineer shall:
(a) Cause to be made the necessary investigations
to determine if such administration would be justified.
(b) If the findings of the State Engineer are
affirmative, designate the area by basin, or portion therein, and make an
official order describing the boundaries by legal subdivision as nearly as
possible.
(c) Proceed with the administration of this
chapter.
2. In the absence of such a petition from
the owners of wells in a groundwater basin which the State Engineer considers
to be in need of administration, the State Engineer shall hold a public
hearing:
(a) If adequate facilities to hold a hearing are
available within the basin; or
(b) If such facilities are unavailable, hold the
hearing within the county where the basin lies or within the county, where the
major portion of the basin lies,
Ê to take
testimony from those owners to determine whether administration of that basin
is justified. If the basin is found, after due investigation, to be in need of
administration the State Engineer may enter an order in the same manner as if a
petition, as described in subsection 1, had been received.
3. The order of the State Engineer may be
reviewed by the district court of the county pursuant to NRS 533.450.
4. The State Engineer shall supervise all
wells tapping artesian water or water in definable underground aquifers drilled
after March 22, 1913, and all wells tapping percolating water drilled
subsequent to March 25, 1939, except those wells for domestic purposes for
which a permit is not required.
5. Within any groundwater basin which has
been designated or which may hereafter be so designated by the State Engineer,
except groundwater basins subject to the provisions of NRS
534.035, and wherein a water conservation board has been created and
established or wherein a water district has been created and established by law
to furnish water to an area or areas within the basin or for groundwater
conservation purposes, the State Engineer, in the administration of the groundwater
law, shall avail himself or herself of the services of the governing body of
the water district or the water conservation board, or both of them, in an
advisory capacity. The governing body or water board shall furnish such advice
and assistance to the State Engineer as is necessary for the purpose of the
conservation of groundwater within the areas affected. The services of the
governing body or water conservation board must be without compensation from
the State, and the services so rendered must be upon reasonable agreements
effected with and by the State Engineer.
[4:178:1939; A 1947, 52; 1949, 128; 1953, 188]—(NRS A
1957, 715; 1961, 489; 1967, 1052; 1981, 916, 1841; 1983, 534)
NRS 534.035 Groundwater boards: Establishment; number, appointment, terms
and expenses of members; officers; meetings and quorum; duties; dissolution.
1. In each area designated as a
groundwater basin by the State Engineer pursuant to the provisions of NRS 534.030, the board of county commissioners may
recommend to the State Engineer that the State Engineer establish a groundwater
board. The State Engineer shall determine whether or not a groundwater board is
to be established and may direct its establishment by order.
2. If a groundwater board is established,
the governing bodies of all the cities and towns within the designated area,
the board of county commissioners of each county in which the area is located,
and the governing body of any water district in which the area is included, or
partly included, shall each submit a list of names of residents of the area to
the Governor, who shall appoint seven members of the board. At least one member
must be appointed from each list.
3. After the initial terms, the term of office
of each member of the board is 4 years. The board shall elect one member as
chair and one member as secretary to serve as such at the pleasure of the
board.
4. The board shall maintain its
headquarters at the county seat of the county in which the designated area is
located, or if the area lies in more than one county, in the county seat of one
of the counties in which the area is located. The board shall hold meetings at
such times and places as it may determine. Special meetings may be called at any
time by the secretary at the request of any four members, or by the chair, upon
notice specifying the matters to be acted upon at the meeting. No matters other
than those specified in the notice may be acted upon at that meeting unless all
members are present and consent thereto.
5. A majority of the board constitutes a
quorum, and the board shall act only by a majority of those present.
6. For each day’s attendance at each
meeting of the groundwater board, or for each day when services are actually performed
for the groundwater board, the members are entitled to receive per diem and
travel allowances provided by law. Claims for those expenses must be paid as
provided in subsection 6 of NRS 534.040.
7. The State Engineer shall not approve
any application or issue any permit to drill a well, appropriate groundwater,
change the place or manner of use or the point of diversion of water within the
designated area, adopt any related regulations or enter any related orders
until the State Engineer has conferred with the board and obtained its written
advice and recommendations.
8. It is the intention of the Legislature
that the State Engineer and the board be in agreement whenever possible, but,
for the purpose of fixing responsibility to the Governor, if there is any
disagreement between the State Engineer and the board, the views of the State
Engineer prevail. A written report of any such disagreement must be made
immediately to the Governor by the State Engineer and the board.
9. Any groundwater board may request from
the State Engineer or any other state, county, city or district agency such
technical information, data and advice as it may require to perform its
functions, and the State Engineer and such other agencies shall, within the
resources available to them, furnish such assistance as may be requested.
10. The Governor may dissolve the
groundwater board by order if the Governor determines that the future
activities of the board are likely to be insubstantial.
(Added to NRS by 1961, 488; A 1967, 1252; 1973, 182; 1977, 1235; 1981, 67, 917)
NRS 534.037 Groundwater management plan for basin designated as critical
management area: Petition; hearing; approval or disapproval; judicial review;
amendment.
1. In a basin that has been designated as
a critical management area by the State Engineer pursuant to subsection 7 of NRS 534.110, a petition for the approval of a
groundwater management plan for the basin may be submitted to the State
Engineer. The petition must be signed by a majority of the holders of permits
or certificates to appropriate water in the basin that are on file in the
Office of the State Engineer and must be accompanied by a groundwater
management plan which must set forth the necessary steps for removal of the basin’s
designation as a critical management area.
2. In determining whether to approve a
groundwater management plan submitted pursuant to subsection 1, the State
Engineer shall consider, without limitation:
(a) The hydrology of the basin;
(b) The physical characteristics of the basin;
(c) The geographic spacing and location of the
withdrawals of groundwater in the basin;
(d) The quality of the water in the basin;
(e) The wells located in the basin, including,
without limitation, domestic wells;
(f) Whether a groundwater management plan already
exists for the basin; and
(g) Any other factor deemed relevant by the State
Engineer.
3. Before approving or disapproving a
groundwater management plan submitted pursuant to subsection 1, the State
Engineer shall hold a public hearing to take testimony on the plan in the
county where the basin lies or, if the basin lies in more than one county,
within the county where the major portion of the basin lies. The State Engineer
shall cause notice of the hearing to be:
(a) Given once each week for 2 consecutive weeks
before the hearing in a newspaper of general circulation in the county or
counties in which the basin lies.
(b) Posted on the Internet website of the State
Engineer for at least 2 consecutive weeks immediately preceding the date of the
hearing.
4. The decision of the State Engineer on a
groundwater management plan may be reviewed by the district court of the county
pursuant to NRS 533.450.
5. An amendment to a groundwater
management plan must be proposed and approved in the same manner as an original
groundwater management plan is proposed and approved pursuant to this section.
(Added to NRS by 2011, 1383)
NRS 534.040 Employment and compensation of well supervisor and assistants;
levy, collection and distribution of special assessment.
1. Upon the initiation of the
administration of this chapter in any particular basin, and where the
investigations of the State Engineer have shown the necessity for the
supervision over the waters of that basin, the State Engineer may employ a well
supervisor and other necessary assistants, who shall execute the duties as
provided in this chapter under the direction of the State Engineer. The
salaries of the well supervisor and the assistants of the well supervisor must
be fixed by the State Engineer. The well supervisor and assistants are exempt
from the provisions of chapter 284 of NRS.
2. The board of county commissioners shall
levy a special assessment annually, or at such time as the assessment is
needed, upon all taxable property situated within the confines of the area
designated by the State Engineer to come under the provisions of this chapter
in an amount as is necessary to pay those salaries, together with necessary
expenses, including the compensation and other expenses of the Well Drillers’
Advisory Board if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those costs. In
designated areas within which the use of groundwater is predominantly for
agricultural purposes the levy must be charged against each water user who has
a permit to appropriate water or a perfected water right, and the charge
against each water user must be based upon the proportion which his or her
water right bears to the aggregate water rights in the designated area. The
minimum charge is $1.
3. The salaries and expenses may be paid
by the State Engineer from the Water Distribution Revolving Account pending the
levy and collection of the assessment as provided in this section.
4. The proper officers of the county shall
levy and collect the special assessment as other special assessments are levied
and collected, and the assessment is a lien upon the property.
5. The assessment provided for, when
collected, must be deposited with the State Treasurer for credit to the Water
District Account to be accounted for in basin well accounts.
6. Upon determination and certification by
the State Engineer of the amount to be budgeted for the current or ensuing
fiscal year for the purpose of paying the per diem and travel allowances of the
groundwater board and employing consultants or other help needed to fulfill its
responsibilities, the State Controller shall transfer that amount to a separate
operating account for that fiscal year for the groundwater basin. Claims
against the account must be approved by the groundwater board and paid as other
claims against the State are paid. The State Engineer may use money in a
particular basin well account to support an activity outside the basin in which
the money is collected if the activity bears a direct relationship to the
responsibilities or activities of the State Engineer regarding the particular
groundwater basin.
[5:178:1939; A 1943, 139; 1947, 52; 1953, 188]—(NRS A
1957, 716; 1963, 796; 1967, 1253; 1969, 342; 1979, 668; 1985, 694; 1991, 1784; 1993, 2352; 1995, 222)
NRS 534.050 Permit to appropriate water required before sinking well in
designated groundwater basin; requirements in undesignated areas; waivers;
penalties.
1. Except as otherwise provided in
subsection 2 and NRS 534.180, every person desiring
to sink or bore a well in any basin or portion therein in the State designated
by the State Engineer, as provided for in this chapter, must first make
application to and obtain from the State Engineer a permit to appropriate the
water, pursuant to the provisions of chapter 533
of NRS relating to the appropriation of the public waters, before performing
any work in connection with the boring or sinking of the well.
2. Upon written application and a showing
of good cause, the State Engineer may issue a written waiver of the
requirements of subsection 1:
(a) For exploratory wells to be drilled to
determine the availability of water or the quality of available water;
(b) To allow temporary use of the water in
constructing a highway or exploring for water, oil, gas, minerals or geothermal
resources; or
(c) For wells to be drilled in shallow
groundwater systems and pumped to alleviate potential hazards to persons and
property resulting from the rise of groundwater caused by secondary recharge.
If practical, approved by the State Engineer and consistent with this chapter
and chapter 533 of NRS, the withdrawn water
must be used for some other beneficial use.
3. In other basins or portions of basins
which have not been designated by the State Engineer no application or permit
to appropriate water is necessary until after the well is sunk or bored and
water developed. Before any diversion of water may be made from the well, the
appropriator must make application to and obtain from the State Engineer,
pursuant to the provisions of chapter 533 of
NRS, a permit to appropriate the water.
4. Upon written application and a showing
of good cause, the State Engineer may issue a written waiver of the
requirements of subsection 3, to allow temporary use of water in constructing a
highway or exploring for water, oil, gas, minerals or geothermal resources.
5. Any person using water after a permit
has been withdrawn, denied, cancelled, revoked or forfeited is guilty of a
misdemeanor. Each day of violation of this subsection constitutes a separate
offense and is separately punishable.
[6:178:1939; A 1943, 139; 1947, 52; 1949, 128; 1953,
190]—(NRS A 1957, 716; 1967, 1053; 1979, 183, 242; 1981, 659; 1983, 2090; 1985, 490; 1987, 1776; 1997, 1621; 2007, 842)
NRS 534.060 Conditions for sinking wells; casings and appliances; repair of
defective wells; liens; sealing of wells; use of abandoned wells to monitor
groundwater.
1. During the sinking or boring of a well
the permittee shall cause to be placed in the well a proper and sufficient
casing approved by the State Engineer, so arranged as to prevent the caving in
of the well and to prevent the escape of water therefrom through any
intervening sand or gravel stratum, which casing must be of sufficient length
to reach the deepest aquifer encountered during the sinking or boring of the
well.
2. The number, size, type and distribution
of perforations is optional with the permittee, except that no perforations may
be made in a pipe tapping confined (artesian) water above the confining
impervious materials.
3. The permittee shall provide the necessary
valves, plugs or other appliances to prevent or control the flow of water from
the well and prevent the loss of underground water above or below the ground
surface.
4. If in the judgment of the State
Engineer a well is in any manner defective the State Engineer may order the
owner to repair the well or, in the discretion of the State Engineer, may cause
the well to be repaired or sealed. If the State Engineer elects to repair or
seal the well, the cost of repairing or sealing the well must be paid from the
water distribution account and must not be charged to the owner of the well or
be a lien on the land upon which the well is located or on other land of the
owner to which water from the well is appurtenant.
5. If the State Engineer orders the owner
to repair the well and if upon 15 days’ written notice by registered or
certified mail, return receipt requested, the owner fails to repair the well,
the State Engineer or the assistants or authorized agents of the State Engineer
may, without further notice, take such steps as may be necessary to effect such
repairs. The cost thereof, including the labor and material, may in the first
instance be paid by the State Engineer from the Water Distribution Revolving
Account, but any such cost in any event is a lien on the land on which the well
is located and, also, any other land possessed by the well owner to which the
water from the well is appurtenant.
6. The State Engineer, or the assistants
or authorized agents of the State Engineer, as the case may be, shall file an
itemized and sworn statement, setting forth the date when the work was done and
the nature of the labor so performed, with the board of county commissioners of
the county wherein the charge and expense were incurred. The board of county
commissioners shall thereupon present a bill for the expense to the person
liable therefor under this section, and if that person neglects for 30 days
thereafter to pay it, the bill and costs become a lien upon the lands and
property of the person so liable for the payment of the bill, and must be
collected as delinquent taxes against the lands and property are collected.
7. When a well is abandoned or about to be
abandoned, the owner, in lieu of plugging the well, may advise the State
Engineer and other interested hydrologic entities that the well is available to
monitor the groundwater. If, in the opinion of the State Engineer, the well
would be useful as a site for monitoring, the State Engineer may grant the
owner a waiver of the requirement that the well be plugged.
8. The State Engineer may grant the owner
of a well a waiver of the requirement that the well be plugged under
circumstances other than those set forth in subsection 7. The State Engineer
shall adopt regulations that provide a procedure by which the State Engineer
may approve a waiver from the requirement of plugging an abandoned well
pursuant to this subsection.
[7:178:1939; A 1947, 52; 1943 NCL § 7993.16]—(NRS A
1957, 717; 1961, 448; 1967, 192; 1979, 669; 1987, 1777; 2005, 455)
NRS 534.070 Waste of water from artesian well unlawful.
1. No person controlling an artesian well
in any basin in Nevada shall suffer the waters therefrom to flow to waste,
unless, and as far as reasonably necessary in the judgment of the State
Engineer, to prevent the obstruction thereof, or to flow or be taken therefrom
except for beneficial purposes.
2. The owner of any artesian well from
which water is being unnecessarily wasted shall be guilty of a misdemeanor.
[8:178:1939; A 1943, 139; 1947, 52; 1955, 328]—(NRS A
1957, 720)
NRS 534.080 Appropriation of underground water for beneficial use from
artesian, definable aquifer or percolating water: Acquisition of rights under chapter
533 of NRS; orders to desist; dates of priority.
1. A legal right to appropriate
underground water for beneficial use from an artesian or definable aquifer
subsequent to March 22, 1913, or from percolating water, the course and
boundaries of which are incapable of determination, subsequent to March 25,
1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the
appropriation of water.
2. The State Engineer may, upon written
notice sent by registered or certified mail, return receipt requested, advise
the owner of a well who is using water therefrom without a permit to
appropriate the water to cease using the water until the owner has complied
with the laws pertaining to the appropriation of water. If the owner fails to
initiate proceedings to secure such a permit within 30 days after the date of
the notice, the owner is guilty of a misdemeanor.
3. Except as otherwise provided in
subsection 4 and NRS 534.180, the date of priority
of all appropriations of water from an underground source mentioned in this
section is the date when application is made in proper form and filed in the
Office of the State Engineer pursuant to the provisions of chapter 533 of NRS.
4. The date of priority for the use of
underground water from a well for domestic purposes where the draught does not
exceed 2 acre-feet per year is the date of completion of the well as:
(a) Recorded by the well driller on the log the
well driller files with the State Engineer pursuant to NRS
534.170; or
(b) Demonstrated through any other documentation
or evidence specified by the State Engineer.
[9:178:1939; A 1947, 52; 1943 NCL § 7993.18]—(NRS A
1957, 718; 1967, 195; 2007, 843)
NRS 534.090 Forfeiture and abandonment of rights.
1. Except as otherwise provided in this
section, failure for 5 successive years after April 15, 1967, on the part of
the holder of any right, whether it is an adjudicated right, an unadjudicated
right or a right for which a certificate has been issued pursuant to NRS 533.425, and further whether the right
is initiated after or before March 25, 1939, to use beneficially all or any
part of the underground water for the purpose for which the right is acquired
or claimed, works a forfeiture of both undetermined rights and determined rights
to the use of that water to the extent of the nonuse. If the records of the
State Engineer or any other documents specified by the State Engineer indicate
at least 4 consecutive years, but less than 5 consecutive years, of nonuse of
all or any part of a water right which is governed by this chapter, the State
Engineer shall notify the owner of the water right, as determined in the
records of the Office of the State Engineer, by registered or certified mail
that the owner has 1 year after the date of the notice in which to use the
water right beneficially and to provide proof of such use to the State Engineer
or apply for relief pursuant to subsection 2 to avoid forfeiting the water
right. If, after 1 year after the date of the notice, proof of resumption of
beneficial use is not filed in the Office of the State Engineer, the State
Engineer shall, unless the State Engineer has granted a request to extend the
time necessary to work a forfeiture of the water right, declare the right
forfeited within 30 days. Upon the forfeiture of a right to the use of
groundwater, the water reverts to the public and is available for further
appropriation, subject to existing rights. If, upon notice by registered or
certified mail to the owner of record whose right has been declared forfeited,
the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided
for therein, the forfeiture becomes final. The failure to receive a notice
pursuant to this subsection does not nullify the forfeiture or extend the time
necessary to work the forfeiture of a water right.
2. The State Engineer may, upon the
request of the holder of any right described in subsection 1, extend the time
necessary to work a forfeiture under that subsection if the request is made
before the expiration of the time necessary to work a forfeiture. The State
Engineer may grant, upon request and for good cause shown, any number of
extensions, but a single extension must not exceed 1 year. In determining
whether to grant or deny a request, the State Engineer shall, among other
reasons, consider:
(a) Whether the holder has shown good cause for
the holder’s failure to use all or any part of the water beneficially for the
purpose for which the holder’s right is acquired or claimed;
(b) The unavailability of water to put to a
beneficial use which is beyond the control of the holder;
(c) Any economic conditions or natural disasters
which made the holder unable to put the water to that use;
(d) Any prolonged period in which precipitation
in the basin where the water right is located is below the average for that
basin or in which indexes that measure soil moisture show that a deficit in
soil moisture has occurred in that basin;
(e) Whether a groundwater management plan has
been approved for the basin pursuant to NRS 534.037;
and
(f) Whether the holder has demonstrated efficient
ways of using the water for agricultural purposes, such as center-pivot
irrigation.
Ê The State
Engineer shall notify, by registered or certified mail, the owner of the water
right, as determined in the records of the Office of the State Engineer, of
whether the State Engineer has granted or denied the holder’s request for an
extension pursuant to this subsection. If the State Engineer grants an
extension pursuant to this subsection and, before the expiration of that
extension, proof of resumption of beneficial use or another request for an
extension is not filed in the Office of the State Engineer, the State Engineer
shall declare the water right forfeited within 30 days after the expiration of
the extension granted pursuant to this subsection.
3. If the failure to use the water
pursuant to subsection 1 is because of the use of center-pivot irrigation
before July 1, 1983, and such use could result in a forfeiture of a portion of
a right, the State Engineer shall, by registered or certified mail, send to the
owner of record a notice of intent to declare a forfeiture. The notice must
provide that the owner has at least 1 year after the date of the notice to use
the water beneficially or apply for additional relief pursuant to subsection 2
before forfeiture of the owner’s right is declared by the State Engineer.
4. A right to use underground water
whether it is vested or otherwise may be lost by abandonment. If the State
Engineer, in investigating a groundwater source, upon which there has been a
prior right, for the purpose of acting upon an application to appropriate water
from the same source, is of the belief from his or her examination that an
abandonment has taken place, the State Engineer shall so state in the ruling
approving the application. If, upon notice by registered or certified mail to
the owner of record who had the prior right, the owner of record of the prior
right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided
for therein, the alleged abandonment declaration as set forth by the State
Engineer becomes final.
[9a:178:1939; added 1947, 52; 1943 NCL §
7993.18a]—(NRS A 1967, 193, 1053; 1981, 1842; 1983, 1650; 1995, 1016; 2003, 651; 2007, 844; 2011, 504, 1384)
NRS 534.100 Recognition of existing water rights; classification of water in
definable aquifer or percolating water by State Engineer; adjudication of
vested underground water rights.
1. Existing water rights to the use of
underground water are hereby recognized. For the purpose of this chapter a
vested right is a water right on underground water acquired from an artesian or
definable aquifer prior to March 22, 1913, and an underground water right on
percolating water, the course and boundaries of which are incapable of
determination, acquired prior to March 25, 1939. The distinction as to whether
water is in a definable aquifer or whether it is percolating water, the course
and boundaries of which are incapable of determination, is a matter to be
determined by the State Engineer.
2. Any claimant of a vested underground
water right may petition the State Engineer to adjudicate such rights. If upon
investigation the State Engineer finds the facts and conditions justify it, the
State Engineer shall enter an order granting the petition and shall make proper
arrangements to proceed with such determination. In the order the State
Engineer shall designate the area within which such determination is to be
made, but the size of such designated area may include other claimed
underground vested water rights. Such designated area shall not extend into
other drainage basins. Following the designation of such area the State
Engineer shall proceed with adjudicating such rights as provided for in chapter 533 of NRS.
[9a:178:1939; added 1947, 52; 1943 NCL §
7993.18b]—(NRS A 1957, 718)
NRS 534.110 Rules and regulations of State Engineer; statements and pumping
tests; conditions of appropriation; designation of critical management areas;
restrictions.
1. The State Engineer shall administer
this chapter and shall prescribe all necessary regulations within the terms of
this chapter for its administration.
2. The State Engineer may:
(a) Require periodical statements of water
elevations, water used, and acreage on which water was used from all holders of
permits and claimants of vested rights.
(b) Upon his or her own initiation, conduct
pumping tests to determine if overpumping is indicated, to determine the
specific yield of the aquifers and to determine permeability characteristics.
3. The State Engineer shall determine
whether there is unappropriated water in the area affected and may issue
permits only if the determination is affirmative. The State Engineer may
require each applicant to whom a permit is issued for a well:
(a) For municipal, quasi-municipal or industrial
use; and
(b) Whose reasonably expected rate of diversion
is one-half cubic foot per second or more,
Ê to report
periodically to the State Engineer concerning the effect of that well on other
previously existing wells that are located within 2,500 feet of the well.
4. It is a condition of each appropriation
of groundwater acquired under this chapter that the right of the appropriator
relates to a specific quantity of water and that the right must allow for a
reasonable lowering of the static water level at the appropriator’s point of
diversion. In determining a reasonable lowering of the static water level in a
particular area, the State Engineer shall consider the economics of pumping
water for the general type of crops growing and may also consider the effect of
using water on the economy of the area in general.
5. This section does not prevent the
granting of permits to applicants later in time on the ground that the
diversions under the proposed later appropriations may cause the water level to
be lowered at the point of diversion of a prior appropriator, so long as any
protectable interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of
existing appropriations can be satisfied under such express conditions. At the
time a permit is granted for a well:
(a) For municipal, quasi-municipal or industrial
use; and
(b) Whose reasonably expected rate of diversion
is one-half cubic foot per second or more,
Ê the State
Engineer shall include as a condition of the permit that pumping water pursuant
to the permit may be limited or prohibited to prevent any unreasonable adverse
effects on an existing domestic well located within 2,500 feet of the well,
unless the holder of the permit and the owner of the domestic well have agreed
to alternative measures that mitigate those adverse effects.
6. Except as otherwise provided in
subsection 7, the State Engineer shall conduct investigations in any basin or
portion thereof where it appears that the average annual replenishment to the
groundwater supply may not be adequate for the needs of all permittees and all
vested-right claimants, and if the findings of the State Engineer so indicate,
the State Engineer may order that withdrawals, including, without limitation,
withdrawals from domestic wells, be restricted to conform to priority rights.
7. The State Engineer:
(a) May designate as a critical management area
any basin in which withdrawals of groundwater consistently exceed the perennial
yield of the basin.
(b) Shall designate as a critical management area
any basin in which withdrawals of groundwater consistently exceed the perennial
yield of the basin upon receipt of a petition for such a designation which is
signed by a majority of the holders of certificates or permits to appropriate
water in the basin that are on file in the Office of the State Engineer.
Ê The
designation of a basin as a critical management area pursuant to this
subsection may be appealed pursuant to NRS
533.450. If a basin has been designated as a critical management area for
at least 10 consecutive years, the State Engineer shall order that withdrawals,
including, without limitation, withdrawals from domestic wells, be restricted
in that basin to conform to priority rights, unless a groundwater management plan
has been approved for the basin pursuant to NRS 534.037.
8. In any basin or portion thereof in the
State designated by the State Engineer, the State Engineer may restrict
drilling of wells in any portion thereof if the State Engineer determines that
additional wells would cause an undue interference with existing wells. Any
order or decision of the State Engineer so restricting drilling of such wells
may be reviewed by the district court of the county pursuant to NRS 533.450.
[10:178:1939; A 1947, 52; 1949, 128; 1955, 328]—(NRS
A 1993, 2641;
2001, 553; 2011, 1385)
NRS 534.120 State Engineer authorized to make rules, regulations and orders
when groundwater is being depleted in designated area; preferred uses of water;
temporary permits to appropriate water; revocation of temporary permits;
restrictions placed on certain wells.
1. Within an area that has been designated
by the State Engineer, as provided for in this chapter, where, in the judgment
of the State Engineer, the groundwater basin is being depleted, the State
Engineer in his or her administrative capacity may make such rules, regulations
and orders as are deemed essential for the welfare of the area involved.
2. In the interest of public welfare, the
State Engineer is authorized and directed to designate preferred uses of water
within the respective areas so designated by the State Engineer and from which
the groundwater is being depleted, and in acting on applications to appropriate
groundwater, the State Engineer may designate such preferred uses in different
categories with respect to the particular areas involved within the following
limits:
(a) Domestic, municipal, quasi-municipal,
industrial, irrigation, mining and stock-watering uses; and
(b) Any uses for which a county, city, town,
public water district or public water company furnishes the water.
3. Except as otherwise provided in
subsection 5, the State Engineer may:
(a) Issue temporary permits to appropriate
groundwater which can be limited as to time and which may, except as limited by
subsection 4, be revoked if and when water can be furnished by an entity such
as a water district or a municipality presently engaged in furnishing water to
the inhabitants thereof.
(b) Deny applications to appropriate groundwater
for any use in areas served by such an entity.
(c) Limit the depth of domestic wells.
(d) Prohibit the drilling of wells for domestic
use, as defined in NRS 534.013, in areas where
water can be furnished by an entity such as a water district or a municipality
presently engaged in furnishing water to the inhabitants thereof.
(e) In connection with the approval of a parcel
map in which any parcel is proposed to be served by a domestic well, require
the dedication to a city or county or a designee of a city or county, or
require a relinquishment to the State Engineer, of any right to appropriate
water required by the State Engineer to ensure a sufficient supply of water for
each of those parcels, unless the dedication of the right to appropriate water
is required by a local ordinance.
4. The State Engineer may revoke a
temporary permit issued pursuant to subsection 3 for residential use, and
require a person to whom groundwater was appropriated pursuant to the permit to
obtain water from an entity such as a water district or a municipality engaged
in furnishing water to the inhabitants of the designated area, only if:
(a) The distance from the property line of any
parcel served by a well pursuant to a temporary permit to the pipes and other
appurtenances of the proposed source of water to which the property will be
connected is not more than 180 feet; and
(b) The well providing water pursuant to the
temporary permit needs to be redrilled or have repairs made which require the
use of a well-drilling rig.
5. The State Engineer may, in an area in
which have been issued temporary permits pursuant to subsection 3, limit the
depth of a domestic well pursuant to paragraph (c) of subsection 3 or prohibit
repairs from being made to a well, and may require the person proposing to
deepen or repair the well to obtain water from an entity such as a water
district or a municipality engaged in furnishing water to the inhabitants of
the designated area, only if:
(a) The distance from the property line of any
parcel served by the well to the pipes and other appurtenances of the proposed
source of water to which the property will be connected is not more than 180
feet; and
(b) The deepening or repair of the well would
require the use of a well-drilling rig.
6. For good and sufficient reasons, the
State Engineer may exempt the provisions of this section with respect to public
housing authorities.
7. The provisions of this section do not
prohibit the State Engineer from revoking a temporary permit issued pursuant to
this section if any parcel served by a well pursuant to the temporary permit is
currently obtaining water from an entity such as a water district or a
municipality engaged in furnishing water to the inhabitants of the area.
[10.5:178:1939; added 1955, 328]—(NRS A 1989, 1401; 1999, 3542; 2001, 555; 2003, 622, 624; 2007, 845)
NRS 534.125 State Engineer to file notice related to temporary permit. If the State Engineer issues a temporary
permit pursuant to NRS 534.120 or if a well for
domestic use is drilled in an area in which the State Engineer has issued such
a temporary permit, the State Engineer shall file a notice with the county
recorder of the county in which the permit is issued or the well is drilled.
The notice must include a statement indicating that, if and when water can be
furnished by an entity such as a water district or a municipality engaged in
furnishing water to the inhabitants of the designated area:
1. A temporary permit may be revoked;
2. The owner of a domestic well may be
prohibited from deepening or repairing the well; and
3. The owner of the property served by the
well may be required to connect to this water source at his or her own expense.
(Added to NRS by 1999, 3541)
NRS 534.130 State Engineer, assistants and Artesian Well Supervisor
authorized to enter premises to investigate and carry out duties. The State Engineer, or the assistants or
authorized agents of the State Engineer, and the Artesian Well Supervisor, or
the assistants of the Artesian Well Supervisor, shall have the right to enter
the premises of any owner or proprietor where any well mentioned in this
chapter is situated at any reasonable hour of the day for the purpose of
investigating and carrying out their duties in the administration of this
chapter.
[11:178:1939; 1931 NCL § 7993.20]
NRS 534.140 Well drillers: Annual licenses; fees; continuing education;
regulations for well drilling; licensing by State Contractors’ Board.
1. Every well driller, before engaging in
the physical drilling of a well in this State for development of water, must
annually apply to the State Engineer for a license to drill.
2. The applications for those licenses and
all licenses issued for the drilling of wells must be in the form prescribed by
the State Engineer.
3. All well-drilling licenses expire on
June 30 following their issuance and are not transferable.
4. A fee of $100 must accompany each
application for a license and a fee of $50 must be paid each year for renewal
of the license.
5. Those license fees must be accounted
for in the State Engineer’s Water License Account and used to pay costs
pertaining to licensing, the adoption and enforcement of regulations for well
drilling and the compensation of the members of the Well Drillers’ Advisory
Board and their expenses.
6. The State Engineer, after consulting
with the Well Drillers’ Advisory Board, shall adopt regulations relating to
continuing education for well drillers.
7. The State Engineer shall prepare and
keep on file in the Office of the State Engineer regulations for well drilling.
8. Before engaging in the physical
drilling of a well in this State for the development of water, every well
driller who is the owner of a well-drilling rig, or who has a well-drilling rig
under lease or rental, or who has a contract to purchase a well-drilling rig,
must obtain a license as a well driller from the State Contractors’ Board.
[Part 7a:178:1939; added 1947, 52; A 1955, 328]—(NRS
A 1957, 719; 1963, 797; 1979, 115 1983, 407; 1991, 63, 1785; 2005, 456)
NRS 534.141 Application for renewal of license must include certain
information regarding state business license; grounds for denial of renewal.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license to drill
pursuant to NRS 534.140 must indicate in the
application submitted to the State Engineer whether the applicant has a state
business license. If the applicant has a state business license, the applicant
must include in the application the state business license number assigned by
the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license to drill issued pursuant to NRS 534.140 may not be renewed by the State Engineer
if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the State
Engineer pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2736)
NRS 534.142 Payment of child support: Statement by applicant for license to
drill; grounds for denial of license; duty of State Engineer. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An applicant for the issuance or
renewal of a license to drill pursuant to NRS 534.140
shall submit to the State Engineer the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520. The statement
must be completed and signed by the applicant.
2. The State Engineer shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the State
Engineer.
3. A license to drill may not be issued or
renewed by the State Engineer if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the State
Engineer shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2088)
NRS 534.144 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the State Engineer receives a copy
of a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a license to drill issued pursuant to NRS
534.140, the State Engineer shall deem the license issued to that person to
be suspended at the end of the 30th day after the date on which the court order
was issued unless the State Engineer receives a letter issued to the holder of
the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560.
2. The State Engineer shall reinstate a
license to drill issued pursuant to NRS 534.140 that
has been suspended by a district court pursuant to NRS 425.540 if the State Engineer receives
a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2089)
NRS 534.146 Application for license to include social security number of
applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] An application for the issuance of a license
to drill pursuant to NRS 534.140 must include the
social security number of the applicant.
(Added to NRS by 1997, 2089)
NRS 534.150 Well Drillers’ Advisory Board: Appointment; terms of members;
vacancies; compensation; duties.
1. For the purpose of examining applicants
for well drillers’ licenses, the State Engineer may appoint a Well Drillers’
Advisory Board referred to in this section as the “Board.” The Board may be on
a regional or statewide basis.
2. In making the initial appointments, the
State Engineer shall appoint members to staggered terms of 1, 2 and 3 years.
After the initial terms, members shall serve for 3-year terms.
3. The State Engineer may fill vacancies
on the Board.
4. Each member of the Board is entitled to
receive $60 for each day and $30 for each half day spent doing the work of the
Board. Any time spent by members of the Board in work or travel necessary to
the discharge of their duties which is less than a full day but more than a
half day must be treated for compensation as a full day. Any time less than a
half day must be treated as a half day.
5. The purpose of the Board is to determine
the qualifications of an applicant as a well driller and to submit its findings
to the State Engineer.
6. Regulations of the Board on examining
applicants for well drillers’ licenses must be developed by the State Engineer
in cooperation with the Board upon its creation.
7. If a hearing is held by the State
Engineer to determine whether a licensed well driller is complying with the law
or the regulations pertaining to well drilling, the State Engineer may avail
himself or herself of the services of the Board in an advisory capacity.
[Part 7a:178:1939; added 1947, 52; A 1955, 328]—(NRS
A 1963, 798; 1977,
1236; 1979,
793; 1981,
1986; 1985,
434)
NRS 534.160 License required to drill well; revocation of or refusal to
reissue license; order to plug well; penalty for allowing unlicensed person to
drill.
1. A person shall not drill a well for
water in this State without having first obtained a well-drilling license.
2. Well drillers must comply with the
regulations adopted by the State Engineer governing the drilling of water
wells.
3. If the State Engineer determines, upon
investigation and after hearing held upon at least 15 days’ notice sent by
registered or certified mail to the licensed well driller, that the well driller
has failed to comply with the law or the required regulations, the State
Engineer may revoke the license. The State Engineer may refuse to reissue a
license to a well driller if the well driller has violated the law or the
regulations.
4. The order revoking or refusing to
reissue a license is final unless an action for review by the district court is
filed pursuant to NRS 533.450.
5. The State Engineer shall order any
person who drills a well without a license to plug that well. If the well is
not plugged within 30 days after the order, the State Engineer shall plug the
well at the expense of the person who owned or drilled the well.
6. If any licensed driller who owns,
rents, leases or has a contract to purchase a well-drilling rig allows an
unlicensed person to drill or perform any work in connection with well
drilling, except under the supervision of the licensed driller, the license
must be revoked or not reissued.
[Part 7a:178:1939; added 1947, 52; A 1955, 328]—(NRS
A 1957, 719; 1969, 95; 1981, 360)
NRS 534.170 Well driller to keep log and records; contents; information to
be furnished to State Engineer; report of test.
1. The well driller shall keep:
(a) A log of the depth, thickness and character
of the different strata penetrated and the location of water-bearing strata;
and
(b) An accurate record of the work, including:
(1) A statement of the date of beginning
work;
(2) The date of completion;
(3) The length, size and weight of the
casing and how it is placed;
(4) The size of the drilled hole;
(5) Where sealed off and the type of seal;
(6) The name of the well driller and the
type of drilling machine used;
(7) The number of cubic feet per second or
gallons per minute of flow from such well when completed; and
(8) The pressure in pounds per square inch
if it is a flowing well, and, if nonflowing, the static water level, and the
water temperature.
2. The well driller shall furnish a copy
of the log and the record of work for every well drilled to the State Engineer
within 30 days after the well is completed.
3. If the well is to be tested by pumping
by the holder of the permit, the report of the test must include the drawdown
with respect to the amount of water pumped and any additional information
requested by the State Engineer. This information must be reported and verified
on forms prescribed by the State Engineer. The report must be returned:
(a) Immediately following the completion of the
test; or
(b) Within 30 days following the completion of
the well,
Ê whichever
occurs later.
4. The log, record of the work and report
of the test are a permanent record in the Office of the State Engineer.
[Part 7a:178:1939; added 1947, 52; A 1955, 328]—(NRS
A 1981, 1842)
NRS 534.180 Applicability of chapter to wells used for domestic purposes;
registration and plugging of wells used for domestic purposes; wells for
accessory dwelling unit of single-family dwelling.
1. Except as otherwise provided in
subsection 2 and as to the furnishing of any information required by the State
Engineer, this chapter does not apply in the matter of obtaining permits for
the development and use of underground water from a well for domestic purposes
where the draught does not exceed 2 acre-feet per year.
2. The State Engineer may designate any
groundwater basin or portion thereof as a basin in which the registration of a
well is required if the well is drilled for the development and use of
underground water for domestic purposes. A driller who drills such a well shall
register the information required by the State Engineer within 10 days after
the completion of the well. The State Engineer shall make available forms for
the registration of such wells and shall maintain a register of those wells.
3. The State Engineer may require the
plugging of such a well which is drilled on or after July 1, 1981, at any time
not sooner than 1 year after water can be furnished to the site by:
(a) A political subdivision of this State; or
(b) A public utility whose rates and service are
regulated by the Public Utilities Commission of Nevada,
Ê but only if
the charge for making the connection to the service is less than $200.
4. If the development and use of
underground water from a well for an accessory dwelling unit of a single-family
dwelling, as defined in an applicable local ordinance, qualifies as a domestic
use or domestic purpose:
(a) The owner of the well shall:
(1) Obtain approval for that use or
purpose from the local governing body or planning commission in whose
jurisdiction the well is located;
(2) Install a water meter capable of
measuring the total withdrawal of water from the well; and
(3) Ensure the total withdrawal of water
from the well does not exceed 2 acre-feet per year;
(b) The local governing body or planning
commission shall report the approval of the accessory dwelling unit on a form
provided by the State Engineer;
(c) The State Engineer shall monitor the annual
withdrawal of water from the well; and
(d) The date of priority for the use of the
domestic well to supply water to the accessory dwelling unit is the date of
approval of the accessory dwelling unit by the local governing body or planning
commission.
[3:178:1939; A 1947, 52; 1949, 128; 1955, 328]—(NRS A
1971, 868; 1977,
383; 1981,
1843; 1983,
2090; 1985,
1302; 1997,
2010; 2007,
846)
NRS 534.185 Waiver of certain requirements for domestic wells by State
Engineer; exceptions.
1. The State Engineer shall, upon written
request and receipt of a written agreement between the affected property
owners, waive the requirements of this chapter regarding permits for the use
and development of underground water from a well if:
(a) The well existed on July 1, 1983;
(b) It is used solely for domestic purposes by
not more than three single-family dwellings; and
(c) Each of those dwellings does not draw more
than 2 acre-feet of water per year.
2. The State Engineer may require an owner
who has been granted such a waiver to apply for a permit if one or more of the
dwellings is drawing more than 2 acre-feet of water per year.
3. This section does not apply to any
groundwater basin for which the State Engineer has in effect on July 1, 1983, a
procedure of issuing revocable permits.
(Added to NRS by 1983, 1674; A 2007, 847)
NRS 534.190 Penalties. Any
person violating any of the provisions of NRS 534.010
to 534.180, inclusive, shall be guilty of a
misdemeanor.
[12:178:1939; A 1947, 52; 1943 NCL § 7993.21]—(NRS A
1967, 610)
NRS 534.193 Additional penalties.
1. Except as otherwise provided in NRS 534.280, 534.310 and 534.330 and in addition to any other penalty provided
by law, the State Engineer may, after notice and opportunity for a hearing,
require a person who violates any provision of this chapter or any permit,
order or decision issued or regulation adopted by the State Engineer pursuant
to this chapter or NRS 532.120 to:
(a) Pay an administrative fine not to exceed
$10,000 per day for each violation as determined by the State Engineer.
(b) In the case of an unlawful waste of water in
violation of NRS 534.070 or any other violation of
this chapter that, as determined by the State Engineer, results in an unlawful
use, waste or diversion of water, replace not more than 200 percent of the
water used, wasted or diverted.
2. In determining violations of this
chapter relating to the unauthorized use of water yielded from a well that is
used pursuant to a permit issued by the State Engineer and that has 16 or fewer
connections, the State Engineer has the burden of proving which user is
withdrawing water in excess of the portion of water allotted to the connection
of that user. The State Engineer may require any or all users of the well to
install and maintain, at their own expense, a meter that measures the amount of
water withdrawn from the well by each connection.
3. If an administrative fine is imposed
against a person pursuant to subsection 1 or the person is ordered to replace
any water pursuant to that subsection, the State Engineer may require the
person to pay the costs of the proceeding, including investigative costs and
attorney’s fees.
4. An order imposing an administrative
fine or requiring the replacement of water or payment of costs or fees pursuant
to this section may be reviewed by a district court pursuant to NRS 533.450.
(Added to NRS by 2007, 2020)
NRS 534.195 Injunctive and other relief.
1. The State Engineer may seek injunctive
relief in the appropriate court to prevent the continuance or occurrence of any
act or practice which violates any provision of this chapter, or any permit,
order or decision issued or regulation adopted by the State Engineer pursuant
to this chapter or NRS 532.120.
2. On a showing by the State Engineer that
a person is engaged, or is about to engage, in any act or practice which
violates or will violate any provision of this chapter, or any permit, order or
decision issued or regulation adopted by the State Engineer pursuant to this
chapter or NRS 532.120, the court may
issue, without a bond, any prohibitory or mandatory injunction that the facts
may warrant, including a temporary restraining order issued ex parte or, after
notice and hearing, a preliminary or permanent injunction.
3. Failure to establish lack of an
adequate remedy at law or irreparable harm is not a ground for denying a
request for a temporary restraining order or injunction.
4. The court may require the posting of a
sufficient performance bond or other security to ensure compliance with the
court order within the period prescribed.
5. Any proceeding conducted or injunction
or order issued pursuant to this section is in addition to, and not in lieu of,
any other penalty or remedy available for a violation of this chapter.
(Added to NRS by 2007, 2021)
NRS 534.250 Project for recharge, storage and recovery of water: Permit
required; issuance, contents, modification and assignment of permit; monitoring
requirements.
1. Any person desiring to operate a
project must first make an application to, and obtain from, the State Engineer
a permit to operate such a project.
2. The State Engineer shall, upon
application, issue a permit to operate a project if the State Engineer
determines that:
(a) The applicant has the technical and financial
capability to construct and operate a project.
(b) The applicant has a right to use the proposed
source of water for recharge pursuant to an approved appropriation consistent
with this chapter and chapter 533 of NRS. Any
determination made by the State Engineer for purposes of this paragraph is not
binding in any other proceeding.
(c) The project is hydrologically feasible.
(d) If the project is in an area of active
management, the project is consistent with the program of augmentation for that
area.
(e) The project will not cause harm to users of
land or other water within the area of hydrologic effect of the project.
3. The holder of a permit may apply to the
State Engineer for approval to assign the permit to another person. The State
Engineer must approve the assignment if the person to whom the permit is to be
assigned will meet the requirements of paragraphs (a) and (b) of subsection 2
when the assignment is completed.
4. A permit for a project must include:
(a) The name and mailing address of the person to
whom the permit is issued.
(b) The name of the area of active management,
groundwater basin or groundwater sub-basin, as applicable, in which the project
will be located.
(c) The capacity and plan of operation of the
project.
(d) Any monitoring program required pursuant to
subsection 5.
(e) Any conditions which are imposed pursuant to
this chapter or any regulation adopted pursuant thereto.
(f) Any other information which the State
Engineer deems necessary to include.
5. The State Engineer shall require the
holder of a permit to monitor the operation of the project and the effect of
the project on users of land and other water within the area of hydrologic
effect of the project. In determining any monitoring requirements, the State
Engineer shall cooperate with all government entities which regulate or
monitor, or both, the quality of water.
6. The State Engineer, on his or her
initiative or at the request of the holder of the permit, may modify the
conditions of the permit if monitoring demonstrates that modifications are
necessary. In determining whether modifications are necessary, the State
Engineer shall consider uses of land or water which were not in existence when
the permit was issued.
(Added to NRS by 1987, 1771)
NRS 534.260 Project for recharge, storage and recovery of water: Contents of
application for permit. The State
Engineer shall prescribe and furnish guidelines for an application for a permit
for a project. The application must include:
1. A fee for application of $2,500;
2. The name and mailing address of the
applicant;
3. The name of the area of active
management, groundwater basin or groundwater sub-basin, as applicable, in which
the applicant proposes to operate the project;
4. The name and mailing address of the
owner of the land on which the applicant proposes to operate the project;
5. The legal description of the location
of the proposed project;
6. Such evidence of financial and
technical capability as the State Engineer requires;
7. The source, quality and annual quantity
of water proposed to be recharged, and the quality of the receiving water;
8. The legal basis for acquiring and using
the water proposed to be recharged;
9. A description of the proposed project
including its capacity and plan of operation;
10. A copy of a study that demonstrates:
(a) The area of hydrologic effect of the project;
(b) That the project is hydrologically feasible;
(c) That the project will not cause harm to users
of land and water within the area of hydrologic effect; and
(d) The percentage of recoverable water;
11. The proposed duration of the permit;
and
12. Any other information which the State
Engineer requires.
(Added to NRS by 1987, 1771)
NRS 534.270 Project for recharge, storage and recovery of water: Review of
application for permit; notice of application; protests; hearing;
determination; judicial review.
1. Upon receipt of an application for a
permit to operate a project, the State Engineer shall endorse on the
application the date it was received and keep a record of the application. The
State Engineer shall conduct an initial review of the application within 45
days after receipt of the application. If the State Engineer determines in the
initial review that the application is incomplete, the State Engineer shall
notify the applicant. The application is incomplete until the applicant files
all the information requested in the application. The State Engineer shall
determine whether the application is correct within 180 days after receipt of a
complete application. The State Engineer may request additional information
from the applicant. The State Engineer may conduct such independent
investigations as are necessary to determine whether the application should be
approved or rejected.
2. If the application is determined to be
complete and correct, the State Engineer, within 30 days after such a
determination or a longer period if requested by the applicant, shall cause
notice of the application to be given once each week for 2 consecutive weeks in
a newspaper of general circulation in the county or counties in which persons
reside who could reasonably be expected to be affected by the project. The
notice must state:
(a) The legal description of the location of the
proposed project;
(b) A brief description of the proposed project
including its capacity;
(c) That any person who may be adversely affected
by the project may file a written protest with the State Engineer within 30
days after the last publication of the notice;
(d) The date of the last publication;
(e) That the grounds for protesting the project
are limited to whether the project would be in compliance with subsection 2 of NRS 534.250;
(f) The name of the applicant; and
(g) That a protest must:
(1) State the name and mailing address of
the protester;
(2) Clearly set forth the reason why the
permit should not be issued; and
(3) Be signed by the protester or the
protester’s agent or attorney or, if the protester is a government,
governmental agency or political subdivision of a government, be approved and
signed in the manner specified in paragraph (g) of subsection 3.
3. A protest to a proposed project:
(a) May be made by any person who may be
adversely affected by the project;
(b) Must be in writing;
(c) Must be filed with the State Engineer within
30 days after the last publication of the notice;
(d) Must be upon a ground listed in subsection 2
of NRS 534.250;
(e) Must state the name and mailing address of
the protester;
(f) Must clearly set forth the reason why the
permit should not be issued; and
(g) Except as otherwise provided in this
paragraph, must be signed by the protester or the protester’s agent or
attorney. If the protester is a government, governmental agency or political
subdivision of a government, the protest must be:
(1) Except as otherwise provided in
subparagraph (2), approved and signed by the director, administrator, chief,
head or other person in charge of the government, governmental agency or
political subdivision; or
(2) If the governmental agency or
political subdivision is a division or other part of a department, approved and
signed by the director or other person in charge of that department in this
State, including, without limitation:
(I) The Regional Forester for the
Intermountain Region, if the protest is filed by the United States Forest
Service;
(II) The State Director of the
Nevada State Office of the Bureau of Land Management, if the protest is filed
by the Bureau of Land Management;
(III) The Regional Director of the
Pacific Southwest Region, if the protest is filed by the United States Fish and
Wildlife Service;
(IV) The Regional Director of the
Pacific West Region, if the protest is filed by the National Park Service;
(V) The Director of the State
Department of Conservation and Natural Resources, if the protest is filed by
any division of that Department; or
(VI) The chair of the board of
county commissioners, if the protest is filed by a county.
4. Upon receipt of a protest, the State
Engineer shall advise the applicant by certified mail that a protest has been
filed.
5. Upon receipt of a protest, or upon the
motion of the State Engineer, the State Engineer may hold a hearing. Not less
than 30 days before the hearing, the State Engineer shall send by certified
mail notice of the hearing to the applicant and any person who filed a protest.
6. The State Engineer shall either approve
or deny each application within 1 year after the final date for filing a
protest, unless the State Engineer has received a written request from the
applicant to postpone making a decision or, in the case of a protested
application, from both the protester and the applicant. The State Engineer may
delay action on the application pursuant to paragraph (d) of subsection 4 of NRS 533.370.
7. Any person aggrieved by any decision of
the State Engineer made pursuant to subsection 6 may appeal that decision to
the district court pursuant to NRS 533.450.
(Added to NRS by 1987, 1772; A 2003, 2983; 2011, 761, 3507)
NRS 534.280 Project for recharge, storage and recovery of water: Annual
report to State Engineer.
1. Any person who holds a permit for a
project must compile and file with the State Engineer annual reports which
define the operation of the project and provide such information as the State
Engineer requires.
2. Each report must contain either a sworn
statement or a certification, under penalty of perjury, that the information
contained in the report is true and correct according to the best belief and
knowledge of the person filing the report.
3. The annual report must be maintained on
a calendar-year basis for the preceding calendar year. If a person who is
required to file an annual report under this section fails to file a report when
due, the State Engineer may assess and collect a penalty of $500 for each month
or portion of a month that the annual report is delinquent. The total penalty
assessed under this subsection must not exceed $5,000.
4. The records and reports required to be
kept and filed pursuant to this section must be in such form as the State
Engineer prescribes.
(Added to NRS by 1987, 1773)
NRS 534.290 Project for recharge, storage and recovery of water: Permit for
recovery well; recovery limited to designated wells; designation of person
entitled to recover water; use or exchange of recovered water.
1. A permit for a recovery well must
comply with the requirements of this chapter and chapter
533 of NRS.
2. The holder of a permit for a project
may recover water stored pursuant to the permit only from wells designated by the
holder and approved by the State Engineer, located within the area of
hydrologic effect of the project as determined by the State Engineer.
3. The person entitled to recover the
water must be designated by the holder of the permit and approved by the State
Engineer.
4. The holder of a permit for a project
and a permit for a recovery well may use or exchange water recovered pursuant
to those permits only in the manner in which it was permissible for him or her
to use that water before it was stored.
(Added to NRS by 1987, 1774)
NRS 534.300 Project for recharge, storage and recovery of water: Storage
account to be established; limit on amount of water recovered.
1. The State Engineer shall establish a
storage account for each project for which the State Engineer has issued a
permit. If the project stores water from more than one source, the State
Engineer shall establish subaccounts for each source of water.
2. The holder of a permit for a project
may recover only the recoverable amount of water that is stored by the project.
3. For the purposes of this section,
“recoverable amount” means the amount of water, as determined by the State
Engineer, that has reached the aquifer and remains within the area of active
management.
(Added to NRS by 1987, 1774)
NRS 534.310 Project for recharge, storage and recovery of water: Annual fee
for permit; disposition of money received by State Engineer; employment of
consultants by State Engineer.
1. The State Engineer shall levy and
collect an annual fee from each person who holds a permit for a project. The
State Engineer shall establish the amount of the fee for the following year not
later than October 1 of each year.
2. Within 30 days after the State Engineer
sets the fee, the State Engineer shall mail written notice of the fee to all
holders of permits.
3. The fee must be paid to the State
Engineer at the time the person holding a permit files an annual report. If a
person who is required to pay a fee fails to pay the fee when due, the State
Engineer may assess and collect a penalty of 10 percent of the unpaid fee,
without compounding, for each month or portion of a month that the fee is
delinquent. The total penalty assessed must not exceed 60 percent of the unpaid
fee.
4. Money received by the State Engineer
pursuant to this section, subsection 1 of NRS 534.260
and subsection 3 of NRS 534.280 must be deposited
with the State Treasurer for credit to the Account for Projects for Recharge,
Underground Storage and Recovery of Water in the State General Fund. The
interest and income earned on the money in the Account, after deducting any
applicable charges, must be credited to the Account. Money in the Account must
only be used for the administration of this chapter.
5. The State Engineer may employ special
consultants to assist the State Engineer in fulfilling his or her
responsibilities pursuant to this chapter.
(Added to NRS by 1987, 1774; A 1989, 288)
NRS 534.320 Project for recharge, storage and recovery of water: Revocation
or suspension of permit; orders to cease and desist; injunction.
1. The State Engineer may periodically
review a project to determine if the holder of the permit is complying with the
terms and conditions of the permit and the public interest is properly guarded.
The State Engineer may permanently revoke or temporarily suspend the permit for
good cause after an investigation and a hearing. Notice must be sent to the
holder of the permit at least 15 days before the hearing, by registered or
certified mail, that the holder has failed to comply with this chapter. In
determining whether to revoke or suspend a permit, the State Engineer shall
consider uses of land and water which were not in existence when the permit was
issued.
2. Except as otherwise provided in
subsection 3, if the State Engineer has reason to believe that a person is
violating or has violated a provision of this chapter or a permit issued or
regulation adopted pursuant to this chapter, the State Engineer may issue a
written notice that the person must appear and show cause, at a hearing before
the State Engineer not less than 15 days after the receipt of the notice, why
the person should not be ordered to cease and desist from the violation. The
notice must inform the person of the date, time and place of the hearing and
the consequences of failure to appear.
3. If the State Engineer finds that a
person is constructing or operating a project in violation of this chapter, the
State Engineer may issue a temporary order for the person to cease and desist
the construction pending final action by the State Engineer pursuant to
subsection 4. The order must include written notice to the person of the date,
time and place where the person must appear at a hearing before the State
Engineer to show cause why the temporary order should be vacated. The hearing
must be held not less than 15 days after the date of the order.
4. After a hearing pursuant to subsection
2 or 3, or after the expiration of the time to appear, the State Engineer shall
issue a decision and order. The decision and order may take such form as the
State Engineer determines to be reasonable and appropriate and may include a
determination of violation, an order to cease and desist, the recommendation of
a civil penalty and an order directing that positive steps be taken to abate or
ameliorate any harm or damage arising from the violation. The person affected
may appeal the decision to the district court pursuant to NRS 533.450.
5. If the person continues the violation
after the State Engineer has issued a final decision and order pursuant to
subsection 4 or a temporary order pursuant to subsection 3, the State Engineer
may apply for a temporary restraining order or a preliminary or permanent
injunction from the district court. A decision to seek injunctive relief does
not preclude other forms of relief or enforcement against the violator.
(Added to NRS by 1987, 1774)
NRS 534.330 Project for recharge, storage and recovery of water: Penalties.
1. A person who is determined pursuant to NRS 534.320 to be in violation of this chapter or a
permit issued or regulation adopted pursuant to this chapter may be assessed a
civil penalty in an amount not exceeding:
(a) One hundred dollars per day of violation not
directly related to illegal recovery or use of stored water; or
(b) Ten thousand dollars per day of violation
directly related to illegal recovery or use of stored water.
2. An action to recover penalties pursuant
to this section must be brought by the State Engineer in the district court in
the county in which the violation occurred.
(Added to NRS by 1987, 1775)
NRS 534.340 Project for recharge, storage and recovery of water: Designation
of areas of active management. The
State Engineer shall designate areas of active management pursuant to NRS 534.030.
(Added to NRS by 1987, 1776)
NRS 534.350 Requirements for certain public water system to receive credits
for addition of new customers to system.
1. A public water system may receive
credits, as provided in this section, for the addition of new customers to the
system. The granting of a credit pursuant to this section must be limited to
public water systems in areas:
(a) Designated as groundwater basins by the State
Engineer pursuant to the provisions of NRS 534.030;
and
(b) For which the State Engineer has issued an
order for granting a credit pursuant to this section.
2. A public water system which provides
service in a groundwater basin is entitled to receive a credit for each customer
who is added to the system and:
(a) Voluntarily ceases to draw water from a
domestic well located within that basin; or
(b) Is the owner of a lot or other parcel of
land, other than land used or intended solely for use as a location for a
domestic well, which:
(1) Is located within that basin;
(2) Was established as a separate lot or
parcel before July 1, 1993;
(3) Was approved by a local governing body
or planning commission for service by an individual domestic well before July
1, 1993; and
(4) Is subject to a written agreement which
was voluntarily entered into by the owner with the public water system pursuant
to which the owner agrees not to drill a domestic well on the land and the
public water system agrees that it will provide water service to the land. Any
such agreement must be acknowledged and recorded in the same manner as
conveyances affecting real property are required to be acknowledged and
recorded pursuant to chapter 111 of NRS.
3. If a county requires, by ordinance, the
dedication to the county of a right to appropriate water from a domestic well
which is located on a lot or other parcel of land that was established as a
separate lot or parcel on or after July 1, 1993, the county may, by
relinquishment to the State Engineer, allow the right to appropriate water to
revert to the source of the water. The State Engineer shall not accept a
relinquishment of a right to appropriate water pursuant to this subsection
unless the right is in good standing as determined by the State Engineer. A
right to appropriate water that is dedicated and relinquished pursuant to this
subsection:
(a) Remains appurtenant only to the parcel of
land in which it is located as specified on the parcel map; and
(b) Maintains its date of priority established
pursuant to NRS 534.080.
4. If an owner of a parcel of land
specified in subsection 3 becomes a new customer of a public water system for
that parcel of land, the public water system is entitled to receive a credit in
the same manner as the addition of any other customer to the public water
system pursuant to this section.
5. The State Engineer may require a new
customer, who voluntarily ceases to draw water from a domestic well as provided
in paragraph (a) of subsection 2 or whose right to appropriate water is
dedicated pursuant to subsection 3, to plug that well.
6. A credit granted pursuant to this
section:
(a) Must be sufficient to enable the public water
system to add one service connection for a single-family dwelling to the
system, except that the credit may not exceed the increase in water consumption
attributable to the additional service connection or 2 acre-feet per year,
whichever is less.
(b) May not be converted to an appropriative
water right.
7. This section does not:
(a) Require a public water system to extend its
service area.
(b) Authorize any increase in the total amount of
groundwater pumped in a groundwater basin.
(c) Affect any rights of an owner of a domestic
well who does not voluntarily comply with the provisions of this section.
8. As used in this section:
(a) “Domestic well” means a well used for
culinary and household purposes in:
(1) A single-family dwelling; and
(2) An accessory dwelling unit for a
single-family dwelling if provided for in an applicable local ordinance,
Ê including
the watering of a garden, lawn and domestic animals and where the draught does
not exceed 2 acre-feet per year.
(b) “Public water system” has the meaning
ascribed to it in NRS 445A.840.
(Added to NRS by 1993, 1154; A 2007, 847; 2011, 505)
NRS 534.360 Water Rights Technical Support Account: Creation;
administration; uses.
1. There is hereby created in the State
General Fund an account designated as the Water Rights Technical Support
Account. The Account must be administered by the Board for Financing Water
Projects.
2. The Water Rights Technical Support
Account is a continuing account without reversion. Money in the Account must be
invested as the money in other state accounts is invested. The interest and
income earned on the money in the Account, after deducting any applicable
charges, must be credited to the Account. Claims against the Account must be
paid as other claims against the State are paid.
3. The Board for Financing Water Projects
may accept gifts, grants and donations from any source for deposit in the Water
Rights Technical Support Account.
4. Except as otherwise provided in
subsection 5, money in the Water Rights Technical Support Account must be used
by the Board for Financing Water Projects only to make grants to a local
government to:
(a) Obtain and provide expert and technical
assistance to gather data to protect its existing water rights; or
(b) Fund projects to enhance or protect its
existing water rights.
5. Any grant of money from the Water
Rights Technical Support Account must not be used by a local government to pay
for any assistance or projects as set forth in subsection 4 if the only purpose
of the assistance or project is to obtain evidence, including, without
limitation, technical evidence and oral testimony or to pay for expert
witnesses or attorney’s fees for or in anticipation of any administrative or
judicial proceeding, including, without limitation, hearings before the State
Engineer or in any state or federal court.
(Added to NRS by 2005, 2565; A 2011, 450)
