Nev. Admin. Code § 534.Sec. 13.1

Current through September 16, 2024

Section 534.Sec. 13.1 - NEW

1. A request for a waiver to drill a drain well in a shallow groundwater system for removing water to depressurize the earth and alleviating potential hazards to persons and property during mining activities must be submitted to the State Engineer in writing, accompanied by the fee required pursuant to NRS 533.435 and include, without limitation:

(a) The location of the proposed drain well by public land survey, global positioning system coordinates, county assessor's parcel number, map of the vicinity and plat map;

(b) The project and contract number, if applicable;

(c) The estimated amount of water that will be used from the proposed drain well each day;

(d) A proposed construction sketch and plugging plan for the drain well;

(e) The name of the proposed drain well;

(f) The name, address and telephone number of the person responsible for plugging the drain well, and the name, address and telephone number of the owner of the land where the drain well will be located if the owner is not the person responsible for plugging the drain well;

(g) If the drain well will be located on public land, a notarized affidavit, on a form prescribed by the Division, signed by the person who will be responsible for plugging the drain well upon abandonment acknowledging that responsibility;

(h) The name, address and telephone number of a person who will be available to answer questions concerning the project;

(i) The date on which the project is scheduled to be completed; and

(j) If a waiver is requested for multiple drain wells, a list and the required information for all drain wells for which the waiver is requested on the "Additional Well Locations" form.

2. A waiver to drill a drain well will bear a unique number preceded by the letters "DR." The notice of intent submitted to the Division pursuant to NAC 534.320 and the Well Driller's Report submitted to the State Engineer pursuant to NRS 534.170 and NAC 534.340 must bear this number.

3. A copy of the waiver must be in the possession of the well driller at the drill site.

4. The drain well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 within 3 days after the completion of the project or the expiration of the waiver, whichever occurs first. For purposes of this subsection, "expiration of the waiver" means the date on which the waiver is permanently expired pursuant to subsection 5 of section 14 of this regulation.

5. The water from the drain well may not be used for any purpose other than the purpose set forth in the waiver without the written approval of the State Engineer.

6. Written authorization from the appropriate agency for the discharge of dewatering water must be submitted with the waiver request.

7. A waiver will not be granted pursuant to this section if the State Engineer determines that the quantity of water requested will adversely affect or impair any existing water right or domestic well.

8. A waiver granted in accordance with this section is valid for up to 1 year after the date on which the waiver is approved and may be extended pursuant to section 14 of this regulation.

Nev. Admin. Code § 534.Sec. 13.1

Added to NAC by St. Engineer by R068-20CAP, eff. 6/23/2021

NRS 534.020, 534.050, 534.110