NAC534.4353. Monitoring wells: Responsibilities of owner; permits; affidavit of responsibility for plugging.

     1. The owner of a monitoring well shall ensure that the well:

     (a) Is constructed in accordance with the provisions of this chapter or a waiver and does not allow contamination of groundwater during its use; and

     (b) Is plugged upon abandonment in accordance with NAC 534.4365 when the well is no longer monitored or when otherwise required.

     2. A permit to appropriate water or a waiver from the State Engineer is not required to drill and collect data from a monitoring well unless the well is not constructed in the manner prescribed in this chapter or the well is not required by a governmental agency.

     3. The well driller shall, when submitting the notice of intent to drill pursuant to NAC 534.320, submit to the Division 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:

     (a) For private lands, the person or authorized representative of the company that is the owner of record of the property; or

     (b) For public lands, the person or authorized representative of the company that has the appropriate authorization to use the public lands. A copy of the authorization must be included with the affidavit.

     4. The owner of a monitoring well shall maintain a record of the current status of the monitoring well and shall notify the Division in writing as soon as practicable after determining that the well will no longer be used.

     5. If a monitoring well or any other well is to be used to remove a contaminant from groundwater, a permit to appropriate water for environmental purposes must be obtained from the State Engineer pursuant to the provisions of NRS 533.437 to 533.4377, inclusive.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012)