NAC445A.851. Criteria for determining exemption of aquifer.

The Director shall consider the following criteria in determining whether to exempt an aquifer or a portion thereof from the provisions of NAC 445A.850:

     1. It does not currently serve as a source of drinking water and, because of the following reasons, it does not and will not serve as a source of drinking water:

     (a) It produces a mineral, hydrocarbon or geothermal fluid or an applicant for a permit for a Class II or Class III well can demonstrate to the satisfaction of the Director that it contains minerals or hydrocarbons that, considering their quantity and location, are expected to be capable of commercial production;

     (b) It is situated at a depth or location which makes recovery of water for drinking economically or technologically impractical;

     (c) It would be economically or technologically impractical to render the water fit for human consumption; or

     (d) It is located over a mining area with a Class III well and is subject to subsidence or catastrophic collapse; or

     2. The total dissolved solids in the groundwater is more than 10,000 milligrams per liter, and it is not reasonably expected to become a supply of drinking water.

     (Added to NAC by Environmental Comm’n, eff. 7-22-87)—(Substituted in revision for NAC 445.424)