NAC534.300. Designated basins; replacement wells; waivers.

     1. Except as otherwise provided in NAC 534.315, a well driller shall not drill a water well within a groundwater basin designated by the State Engineer until the well driller determines that a permit to appropriate the groundwater has been issued pursuant to NRS 534.050.

     2. Except as otherwise provided in subsections 3 and 5, a water well may be drilled to replace an existing well if a valid permit, waiver or certificate of water right exists for the well to be replaced.

     3. If continued use will not be made of the existing well, the existing well must be plugged as required by NAC 534.420 at the time the replacement well is drilled unless the owner of the well first obtains a waiver from the requirement that the well be plugged pursuant to subsection 7 or 8 of NRS 534.060 and NAC 534.449. If continued use will be made of the existing well, a permit must be issued for the replacement well before any drilling is commenced.

     4. The replacement well must not be drilled more than 300 feet from the location of the existing point of diversion described in the permit and may not be moved outside of the 40-acre subdivision described in the permit, waiver or certificate. Drilling must not be suspended without completing the replacement well or plugging the original well unless approved by the Division.

     5. If water service is available from an entity, including, without limitation, a public utility, a water district or a municipality presently engaged in furnishing water to the inhabitants of an area, a well for temporary use for which a revocable permit was granted pursuant to NRS 534.120 may not be drilled, deepened, reconditioned or replaced unless, pursuant to NAC 534.450, a waiver from the provisions of this section is first obtained from the Division.

     6. In basins designated by the State Engineer, a waiver is required for any water well:

     (a) That does not comply with the requirements for construction prescribed in this chapter;

     (b) The water appropriated from which will be used in constructing a highway or exploring for oil, gas, minerals or geothermal resources; or

     (c) That may be used as a monitoring well that is not required by a governmental agency.

     [St. Engineer, Drilling Wells Reg. §§ 10.01-10.03, 10.05 & 10.06, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012)