NAC534.427. Mandatory plugging of certain wells.

     1. If any type of permit, waiver or application to appropriate water from a water well is cancelled, abrogated, forfeited, withdrawn or denied, the well must be plugged in the manner prescribed in NAC 534.420.

     2. Except as otherwise provided in subsection 9 of NAC 534.315, a well, other than a water well drilled for a domestic purpose, must be plugged in the manner prescribed in NAC 534.420 if:

     (a) The Division has not issued a permit or waiver for the well; or

     (b) The well is not located in a designated basin and there is no reasonable expectation of obtaining a valid permit, waiver or certificate of water right from the Division.

     3. A well, including a water well drilled for a domestic purpose, must also be plugged in the manner prescribed in NAC 534.420 if the State Engineer sends a notice to the owner of the well pursuant to subsection 9 of NAC 534.315 and either:

     (a) The State Engineer has determined that the well is in any manner defective; or

     (b) The Division makes a finding that:

          (1) The well tends to impair existing rights or the safety and welfare of the residents of this State;

          (2) The mechanical integrity of the construction of the well has failed or is unknown;

          (3) The well was not drilled in compliance with the provisions of this chapter;

          (4) The well was not drilled in compliance with the provisions of chapter 534 of NRS;

          (5) The well tends to cause contamination of the groundwater aquifer;

          (6) There is no evidence of impending use of the well for any legal purpose or that no legal use of the well is allowed; or

          (7) The well tends to cause water to be wasted above or below the surface of the well.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006)