NAC534.449. Waiver of requirement to plug well.

     1. The owner of a well, other than a well drilled for domestic use, who wishes to obtain a waiver pursuant to subsection 7 or 8 of NRS 534.060 from the requirement that a well be plugged must submit a written request for the waiver to the State Engineer. The State Engineer will grant such a waiver which is valid for 1 year after the date on which the waiver is requested unless the State Engineer finds that the well is dry or abandoned. On or before the date on which the waiver is no longer valid, the owner of the well may submit a request to extend the waiver or to make the waiver permanent, if appropriate, as determined by the State Engineer.

     2. A request for a waiver, the extension of a waiver or to make a waiver permanent made pursuant to subsection 1 must:

     (a) Be made on a form provided by the State Engineer;

     (b) Include sufficient information and evidence for the State Engineer to determine that the well is not in any manner defective, including, without limitation, that the conditions set forth in subsection 2 of NAC 534.427 do not apply to the well; and

     (c) 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.

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R039-12, 6-29-2012)