NAC534.310. Nondesignated basins.

     1. Except as otherwise provided in NAC 534.315:

     (a) In basins which have not been designated by the State Engineer, a person who drills a well before receiving a permit to appropriate water does so at the risk that a permit to appropriate water cannot be obtained; and

     (b) A person shall not use water from a well until a permit or waiver has been obtained pursuant to NRS 534.050.

     2. In basins which have not been designated by the State Engineer, the well driller may proceed to drill and perform tests on a well whether or not the owner of the property has a permit to appropriate water.

     3. A 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.

     4. In basins which have not been 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. Part 11, eff. 5-19-81]—(NAC A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012)