NAC534.450. Waiver of requirement of this chapter.

     1. Except as otherwise provided in subsection 2, the State Engineer may, for good cause shown, waive a requirement of the provisions of this chapter.

     2. The State Engineer will not waive the requirements set forth in subsection 4 of NAC 534.360.

     3. A request for a waiver of a requirement of this chapter must be made in writing and include:

     (a) A detailed statement of the reason for requesting the waiver and the section of the regulations to be waived;

     (b) The location or proposed location of the well by public land survey;

     (c) The name and address of the owner of the well;

     (d) The street address of the location of the well or, if there is no street address, a description of the location of the proposed well, including, but not limited to, common landmarks and cross-streets near the location of the well;

     (e) The county assessor’s parcel number for the location of the proposed well;

     (f) A description of the proposed design and a sectional drawing of the proposed well that includes the depths to the aquifers, the locations of the screens and seals and the materials that will be used;

     (g) A notarized affidavit, on a form prescribed by the Division, which indicates the person who will be responsible for plugging the well upon abandonment and which is signed by:

          (1) For private lands, the person or an authorized employee of the company that is the owner of record of the property; or

          (2) For public lands, the person or an authorized employee of the company that has the appropriate authorization to use the public lands;

     (h) Any available data to categorize the hydraulic heads, water quality and permeability characteristics of the aquifer;

     (i) A monitoring plan; and

     (j) Any other information required pursuant to the provisions of this chapter.

     4. After reviewing the request, the State Engineer will issue a written notice of his or her decision to the owner of the well.

     5. Each waiver will bear a unique number preceded by the letter “R.” The notice of intent to drill submitted to the Division pursuant to NAC 534.320 and the record of work submitted to the Division pursuant to NRS 534.170 must bear this number.

     6. The well driller shall ensure that the well complies with the provisions of the waiver and have a copy of the waiver in the well driller’s possession when he or she drills the well.

     7. The water from the well may not be used for any purpose other than the purpose set forth in the waiver without the written approval of the State Engineer.

     [St. Engineer, Drilling Wells Reg. Part 15, eff. 5-19-81)—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012)