USA Statutes : nevada
Title : Title 48 - WATER
Chapter : CHAPTER 534 - UNDERGROUND WATER AND WELLS
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)
“Aquifer” means a geological
formation or structure that stores or transmits water, or both.
(Added to NRS by 1987, 1770)
“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)
“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)
“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)
“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)
“Domestic use” or “domestic
purposes” extends to culinary and household purposes directly related to
a single-family dwelling, 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 threshold daily maximum amount set in NRS 534.180 for exemption from the application of this
chapter.
(Added to NRS by 1987, 1770; A 1999, 1184 )
“Percolating waters”
are underground waters, the course and boundaries of which are incapable
of determination.
(Added to NRS by 1987, 1770)
“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)
“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)
“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)
“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)
“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)
“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)
“Well driller” means any
person who drills a well or wells, for compensation or otherwise.
(Added to NRS by 1987, 1770)
“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)
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]
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)
1. Upon receipt by the State Engineer of a petition requesting him
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, he shall:
(a) Cause to be made the necessary investigations to determine if
such administration would be justified.
(b) If his findings 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, he 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 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)
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 he 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 chairman 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
chairman, 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 he
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 he
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)
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 his assistants must be fixed by the State Engineer.
The well supervisor and his 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 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)
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 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 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)
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 he may order the owner to repair the well or, in his
discretion, 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 his assistants or authorized agents 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, his assistants or authorized agents, 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 )
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)
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 such water
to cease using such water until he has complied with the laws pertaining
to the appropriation of water. If the owner fails to initiate proceedings
to secure such permit within 30 days from the date of such notice he
shall be guilty of a misdemeanor.
3. 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.
[9:178:1939; A 1947, 52; 1943 NCL § 7993.18]—(NRS A 1957, 718;
1967, 195)
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
permitted right, 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. For water
rights in basins for which the State Engineer keeps pumping records, if
the records of the State Engineer indicate at least 4 consecutive years,
but less than 5 consecutive years, of nonuse of all or any part of such 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 he 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 beneficial
use is not sent to the State Engineer, the State Engineer shall, unless
he 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 his failure to use
all or any part of the water beneficially for the purpose for which his
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; and
(e) 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 he has granted or denied the holder’s
request for an extension 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 from the date of the notice to
use the water beneficially or apply for additional relief pursuant to
subsection 2 before forfeiture of his 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 examination that an
abandonment has taken place, he shall so state in his 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 )
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 he
finds the facts and conditions justify it, he 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)
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 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
protectible 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. 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 his findings so
indicate the State Engineer may order that withdrawals be restricted to
conform to priority rights.
7. 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 he 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 )
1. Within an area that has been designated by the State Engineer,
as provided for in this chapter, where, in his judgment, the groundwater
basin is being depleted, the State Engineer in his administrative
capacity is herewith empowered to 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 him and from which the groundwater is
being depleted, and in acting on applications to appropriate groundwater,
he 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 and 534.0175 , 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.
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 he has 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. Nothing in this section prohibits 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 )
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 he has issued such a temporary permit, he
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 own expense.
(Added to NRS by 1999, 3541 )
The State Engineer, his assistants or authorized agents, and the
Artesian Well Supervisor, or his assistants, 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 his or their duties in the
administration of this chapter.
[11:178:1939; 1931 NCL § 7993.20]
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 his office
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 )
[Expires by limitation on the date of the repeal of 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 he 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 he 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)
[Expires by limitation on the date of the repeal of 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)
[Expires by limitation on the date of the repeal of
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)
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 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)
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 his license. The State Engineer may refuse to reissue
a license to a well driller if he 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, his 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)
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 State Engineer’s office.
[Part 7a:178:1939; added 1947, 52; A 1955, 328]—(NRS A 1981, 1842)
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 a daily maximum of 1,800
gallons.
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.
[3:178:1939; A 1947, 52; 1949, 128; 1955, 328]—(NRS A 1971, 868;
1977, 383; 1981, 1843; 1983, 2090; 1985, 1302; 1997, 2010)
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 1,800 gallons
of water in a day.
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 1,800 gallons of water in a day.
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)
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)
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 he 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 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)
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)
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. He 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, he 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.
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) Must be signed by the protester or the protester’s agent or
attorney.
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 his own motion, 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 he has received a written request from the applicant to postpone
his 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 (c) of subsection 2 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 )
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)
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 to use
that water before it was stored.
(Added to NRS by 1987, 1774)
1. The State Engineer shall establish a storage account for each
project for which he has issued a permit. If the project stores water
from more than one source, he 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)
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, he 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 him
in fulfilling his responsibilities pursuant to this chapter.
(Added to NRS by 1987, 1774; A 1989, 288)
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)
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)
The State Engineer shall
designate areas of active management pursuant to NRS 534.030 .
(Added to NRS by 1987, 1776)
1. The State Engineer shall adopt regulations establishing a
program that allows a public water system to receive credits, as provided
in this section, for the addition of new customers to the system. The
program 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) In which the State Engineer has denied one or more applications
for any municipal uses of groundwater.
2. Before the State Engineer adopts any regulations pursuant to
this section regarding any particular groundwater basin, he shall hold a
public hearing:
(a) Within the basin to which the regulations will apply if
adequate facilities to hold a hearing are available within that basin; or
(b) In all other cases, within the county where the major portion
of that basin lies,
Ê to take testimony from any interested persons regarding the proposed
regulations.
3. Upon adoption of the regulations required by this section
regarding a particular groundwater basin, a public water system which
provides service in that basin is entitled to receive a credit for each
customer who is added to the system after the adoption of those
regulations 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 water 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.
4. 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 3, to plug that well.
5. 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 1,800 gallons per
day, whichever is less.
(b) May not be converted to an appropriative water right.
6. 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 bring himself within the provisions of this section.
7. As used in this section:
(a) “Domestic well” means a well used for culinary and household
purposes in a single-family dwelling, including the watering of a garden,
lawn and domestic animals and where the draught does not exceed 1,800
gallons per day.
(b) “Public water system” has the meaning ascribed to it in NRS
445A.840 .
(Added to NRS by 1993, 1154)
1. There is hereby created in the State Treasury a fund to be
designated as the Water Rights Technical Support Fund to be administered
by the Board for Financing Water Projects.
2. The Water Rights Technical Support Fund is a continuing fund
without reversion. Money in the Fund must be invested as the money in
other funds is invested. The interest and income earned on the money in
the Fund, after deducting any applicable charges, must be credited to the
Fund. Claims against the Fund 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 Fund.
4. Except as otherwise provided in subsection 5, money in the
Water Rights Technical Support Fund 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 Fund
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 )
