[Rev. 11/6/2023 10:59:29 AM]

[NAC-534 Revised Date: 10-23]

CHAPTER 534 - UNDERGROUND WATER AND WELLS

GENERAL PROVISIONS

534.010        Definitions.

534.015        “Abandon” defined.

534.020        “Annular space” defined.

534.030        “Aquifer” defined.

534.040        “Artesian well” defined.

534.041        “Bentonite chips” defined.

534.042        “Bentonite grout” defined.

534.043        “Blast hole” defined.

534.045        “Board” defined.

534.047        “Borehole” defined.

534.048        “Bridge” defined.

534.050        “Casing” defined.

534.060        “Cement grout” defined.

534.065        “Cement-bentonite grout” defined.

534.070        “Concrete grout” defined.

534.080        “Conductor casing” defined.

534.094        “Contaminant” defined.

534.095        “Contamination” defined.

534.097        “Development of a well” defined.

534.098        “Directly supervise” defined.

534.100        “Division” defined.

534.110        “Domestic use” defined.

534.112        “Drill rig” defined.

534.113        “Drive point well” defined.

534.120        “Exploratory well” defined.

534.125        “Geotechnical soil boring” defined.

534.140        “Groundwater” defined.

534.144        “Instrumentation borehole” defined.

534.147        “Liner pipe” defined.

534.148        “Monitoring well” defined.

534.150        “Neat cement” defined.

534.160        “Nominal size” defined.

534.175        “Permit” defined.

534.179        “Piezometer” defined.

534.182        “Pitless adapter” defined.

534.183        “Plug” defined.

534.1835      “Pressure grouting” defined.

534.185        “Public land survey” defined.

534.188        “Reconditioning” defined.

534.189        “Rehabilitation” defined.

534.190        “Seal” defined.

534.194        “Sodium bentonite” defined.

534.195        “Static water level” defined.

534.201        “Tremie pipe” defined.

534.203        “Uncontaminated fill” defined.

534.205        “Vapor extraction well” defined.

534.210        “Waste” defined.

534.220        “Well” defined.

534.240        “Well driller” defined.

534.243   “Well Driller’s Report” defined.

534.245        “Well drilling” and “drilling a well” defined.

534.255        “Well-drilling site,” “drill site” and “drilling site” defined.

WELL-DRILLING LICENSES

534.280        Application for license.

534.282        Qualifications of applicant; denial of application.

534.286        Oral examination of applicants.

534.288        Board not required to conduct oral examination of certain applicants.

534.290        Revocation or denial of license.

534.292        Notice to renew license; notification by well driller of change in mailing address.

534.2923      Renewal of license: Application; required continuing education units.

534.2925      Renewal of license: Processing of and action on application.

534.2927      Continuing education of well drillers; exemptions and deferrals.

534.293        Requirements to reinstate license if prior license has expired or been suspended or revoked.

534.294        Scope of authority under license; issuance of limited licenses; request to modify scope of limited license.

DUTIES OF WELL DRILLERS

534.300        Designated basins; replacement wells.

534.310        Nondesignated basins; replacement wells.

534.315        Wells for domestic use; replacement wells.

534.316        Wells for domestic use: Requirements for subdivisions.

534.317        Wells for domestic use: Requirements to convert an existing nondomestic well to a well for domestic use.

534.320        Notice of intent: Submission; approval by Division required; contents; fees; correction; electronic submission; forms.

534.325        Notice of intent: Lapse; new notice.

534.330        Responsibilities of licensed well driller at drilling site; investigation by Division.

534.335        Responsibility to obtain written authorization from owner of land to access project if certain waiver granted.

534.340        Well Driller’s Report: Form; contents.

534.345        Well Driller’s Report: Completion; execution; submission; correction.

534.350        Identification of well rig.

534.355        Reporting of improper construction or plugging of well.

DRILLING, CONSTRUCTION AND PLUGGING OF WELLS AND BOREHOLES

534.360        Construction of well: Casing.

534.362        Construction of well: Thermoplastic casing.

534.370        Construction of well: Prevention of contamination; use of additives; securing against unauthorized entry; suspension of drilling.

534.375        Measures required before constructing new water well and if contaminant or contaminated water is encountered during construction of water well.

534.378        Construction of well: Measures required if artesian condition is encountered.

534.380        Construction of well: Seals.

534.390        Construction of well: Location near river, lake, perennial stream, unlined reservoir, ditch or canal; compliance with permit or waiver.

534.420        Plugging of well: General requirements.

534.422        Plugging of well: Use of exceptional method.

534.424        Plugging of well: Responsibility for cost.

534.426        Plugging of well: Artesian conditions.

534.427        Mandatory plugging of certain wells.

534.430        Means to measure level of water in well required.

534.432        Mandatory plugging of well as result of noncompliance with requirements for well drilling.

534.4351      Monitoring wells: Restrictions on construction.

534.4353      Monitoring wells: Responsibilities of owner; permits; responsibility for plugging well located on public land; affidavit of responsibility for plugging.

534.4355      Monitoring wells: Casing; prevention of contamination.

534.4357      Monitoring wells: Placement of gravel and seals in annular space.

534.4359      Monitoring wells: Measures required if contaminant or contaminated water is encountered.

534.4361      Monitoring wells: Surface pad; prevention of unauthorized use; additional protective measures.

534.4363      Monitoring wells: Artesian conditions.

534.4365      Monitoring wells: Plugging.

534.4369      Geotechnical soil boring: Generally.

534.4371      Geotechnical soil boring: Plugging requirements.

534.4373      Geotechnical soil boring: Responsibility for plugging.

534.4375      Geotechnical soil borings and blast holes: Artesian conditions.

534.4376      Instrumentation geotechnical soil borings.

WAIVERS

534.439        Approval by State Engineer required; terms and conditions; verbal request for waiver.

534.440        Waiver to drill exploratory well to determine quality or quantity of water in designated basin.

534.441        Waiver to drill monitoring well or use existing well as monitoring well.

534.4415      Waiver to drill or rehabilitate domestic well in certain areas.

534.442        Waiver to use water to explore for minerals.

534.444        Waiver to use water to explore for oil, gas or geothermal resources.

534.446        Waiver to use water for construction of highway.

534.448        Waiver to drill well in shallow groundwater system to alleviate certain potential hazards.

534.4485      Waiver to drill drain well in shallow groundwater system.

534.449        Waiver of requirement to plug well.

534.4495      Requirements for extension of waiver granted pursuant to NAC 534.440 to 534.449, inclusive.

534.450        Waiver of requirement of this chapter.

ENFORCEMENT

534.500        Assessment of demerit points against license of well driller; suspension and reinstatement of license; removal of demerit points.

 

GENERAL PROVISIONS

      NAC 534.010  Definitions. (NRS 534.020, 534.110)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 534.015 to 534.255, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by St. Engineer, 1-9-90; 12-30-97; R068-20, 12-29-2020)

      NAC 534.015  “Abandon” defined. (NRS 534.020, 534.110)  “Abandon” means to discontinue the use of a well or borehole or to leave the well or borehole in such a state of disrepair that to use it would be impracticable, may result in contamination of groundwater or may otherwise pose a hazard to the health or safety of the general public.

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

      NAC 534.020  “Annular space” defined. (NRS 534.020, 534.110)  “Annular space” means the space between two cylindrical objects, one of which surrounds the other, such as the space between the walls of the borehole and the casing.

     [St. Engineer, Drilling Wells Reg. § 1.01, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R068-20, 12-29-2020)

      NAC 534.030  “Aquifer” defined. (NRS 534.020, 534.110)  “Aquifer” has the meaning ascribed to it in NRS 534.0105.

     [St. Engineer, Drilling Wells Reg. § 1.02, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.040  “Artesian well” defined. (NRS 534.020, 534.110)  “Artesian well” has the meaning ascribed to it in NRS 534.012.

     [St. Engineer, Drilling Wells Reg. § 1.03, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.041  “Bentonite chips” defined. (NRS 534.020, 534.110)  “Bentonite chips” means a crushed or crushed and formed raw, native predominantly sodium montmorillonite clay which:

     1.  Has a size gradation between 3/4 inch and 8 mesh;

     2.  Is designed for dry installation that hydrates and swells upon contact with water as a sealant for hole plugging, casing seals or any vertical seal to prevent water movement up or down a borehole; and

     3.  May be coated to retard hydration for in-water applications.

Ê The term includes, without limitation, chip bentonite, bentonite pellets or bentonite tablets.

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

      NAC 534.042  “Bentonite grout” defined. (NRS 534.020, 534.110)  “Bentonite grout” means a commercially manufactured product consisting of the sodium montmorillonite that, when mixed with water pursuant to the specifications recommended by the manufacturer, is specifically designed by the manufacturer to seal and plug wells and boreholes and:

     1.  Consists of not more than 80 percent water and not less than 20 percent sodium bentonite by weight of water, except that additional additives may increase the solids ratio above and beyond the minimum 20 percent sodium bentonite;

     2.  Is easily hydrated when mixed with fresh water in the ratio of 24 gallons for every 50-pound bag of bentonite grout;

     3.  Has hydraulic conductivity or permeability values of 10-7 centimeters per second or less; and

     4.  Has a fluid weight of not less than 9.4 pounds per gallon.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014)

      NAC 534.043  “Blast hole” defined. (NRS 534.020, 534.110)  “Blast hole” means a borehole that is drilled and, as soon as practicable, is loaded with explosives for mining purposes.

     (Added to NAC by St. Engineer, eff. 12-30-97)

      NAC 534.045  “Board” defined. (NRS 534.020, 534.110)  “Board” means the statewide Well Drillers’ Advisory Board.

     (Added to NAC by St. Engineer, eff. 1-9-90)

      NAC 534.047  “Borehole” defined. (NRS 534.020, 534.110)  “Borehole” means a penetration in the ground made in the drilling process that is deeper than the longest dimension of the opening at the surface.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; R068-20, 12-29-2020)

      NAC 534.048  “Bridge” defined. (NRS 534.020, 534.110)  “Bridge” means an obstruction in the annular space of a borehole or well caused when the walls of the borehole collapse or when materials are jammed or wedged into the borehole or annular space.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R068-20, 12-29-2020)

      NAC 534.050  “Casing” defined. (NRS 534.020, 534.110)  “Casing” means the conduit required to prevent waste and contamination of the groundwater and to hold the formation open during the construction or use of the well.

     [St. Engineer, Drilling Wells Reg. § 1.04, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.060  “Cement grout” defined. (NRS 534.020, 534.110)  “Cement grout” means a mixture consisting of equal parts by volume of portland cement and sand, consisting of a grain size of not more than 2 millimeters, with not more than 6 gallons of water for each 94-pound bag (1 cubic foot) of cement. For example, one cubic yard of cement grout contains 12 bags of cement, 72 gallons of water and not more than 13 cubic feet of sand.

     [St. Engineer, Drilling Wells Reg. § 1.14, eff. 5-19-81]—(NAC A 1-9-90; R039-12, 6-29-2012)

      NAC 534.065  “Cement-bentonite grout” defined. (NRS 534.020, 534.110)  “Cement-bentonite grout” means a mixture of sodium bentonite and portland cement that, when mixed with water, is specifically designed to seal and plug instrumentation boreholes and:

     1.  Consists of a range of water to cement to bentonite ratios by weight of between 2.5 to 1 to 0.3 and 4 to 1 to 1. For example, the ratio by weight of 2.5 to 1 to 0.3 is obtained by mixing 30 gallons of water per 94-pound bag of portland cement with 25 pounds of bentonite and the ratio by weight of 4 to 1 to 1 is obtained by mixing 45 gallons of water per 94-pound bag of portland cement with 94 pounds of bentonite;

     2.  Has hydraulic conductivity or permeability values of 10-7 centimeters per second or less;

     3.  Has a fluid weight of not less than 10 pounds per gallon; and

     4.  Has a 28-day compressive strength of at least 100 pounds per square inch.

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

      NAC 534.070  “Concrete grout” defined. (NRS 534.020, 534.110)  “Concrete grout” means a mixture of portland cement, sand, 1/4-inch minus aggregate and water which contains at least five bags of cement per cubic yard of concrete and not more than 7 gallons of clean water per bag of cement (1 cubic foot or 94 pounds).

     [St. Engineer, Drilling Wells Reg. § 1.13, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.080  “Conductor casing” defined. (NRS 534.020, 534.110)  “Conductor casing” means the temporary or permanent casing used in the upper portion of the borehole to prevent collapse of the formation during the construction of the well.

     [St. Engineer, Drilling Wells Reg. § 1.05, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R068-20, 12-29-2020)

      NAC 534.094  “Contaminant” defined. (NRS 534.020, 534.110)  “Contaminant” means any chemical, mineral, live organism, organic material, radioactive material or heated or cooled water that may adversely affect the quality of groundwater.

     (Added to NAC by St. Engineer, eff. 12-30-97)

      NAC 534.095  “Contamination” defined. (NRS 534.020, 534.110)  “Contamination” means the impairment of water quality by the introduction of contaminants into the groundwater.

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

      NAC 534.097  “Development of a well” defined. (NRS 534.020, 534.110)  “Development of a well” means the process of cleaning out materials introduced during the drilling process before putting a well into service and increasing the discharge capacity of the well.

     (Added to NAC by St. Engineer by R044-14, eff. 10-24-2014)

      NAC 534.098  “Directly supervise” defined. (NRS 534.020, 534.110)  “Directly supervise” means that the licensed well driller is:

     1.  Present at the well-drilling site when the drill rig is in operation and when any activity involving the construction, reconditioning, sealing or plugging of the well is conducted;

     2.  Able to respond quickly to the needs of the client or any person under the supervision of the well driller, if necessary; and

     3.  Able to take control of the drilling equipment, if necessary.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.100  “Division” defined. (NRS 534.020, 534.110)  “Division” means the Division of Water Resources of the State Department of Conservation and Natural Resources. The term is synonymous with the Office of the State Engineer.

     [St. Engineer, Drilling Wells Reg. § 1.07, eff. 5-19-81]—(NAC A R068-20, 12-29-2020)

      NAC 534.110  “Domestic use” defined. (NRS 534.020, 534.110)  “Domestic use” has the meaning ascribed to it NRS 534.013.

     [St. Engineer, Drilling Wells Reg. § 1.08, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.112  “Drill rig” defined. (NRS 534.020, 534.110)  “Drill rig” means any power-driven percussion, rotary, boring, coring, digging, jetting or augering machine used in the construction of a well or borehole.

     (Added to NAC by St. Engineer, eff. 12-30-97)

      NAC 534.113  “Drive point well” defined. (NRS 534.020, 534.110)  “Drive point well” means a well constructed by driving a drive point attached to the end of a section of pipe into the ground. The term is synonymous with a push point well.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R068-20, 12-29-2020)

      NAC 534.120  “Exploratory well” defined. (NRS 534.020, 534.110)  “Exploratory well” means a well constructed to determine the availability, quantity or quality of water or whether an aquifer is capable of transmitting water to a well in an unproven area.

     [St. Engineer, Drilling Wells Reg. § 1.09, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.125  “Geotechnical soil boring” defined. (NRS 534.020, 534.110)  “Geotechnical soil boring” means a penetration in the ground that is made to obtain geologic, geophysical or geotechnical information or properties of the subsurface relating to engineering. The term does not include a penetration in the ground that is made for a well.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.140  “Groundwater” defined. (NRS 534.020, 534.110)  “Groundwater” means water below the surface of the land that is in a zone of saturation.

     [St. Engineer, Drilling Wells Reg. § 1.11, eff. 5-19-81]—(NAC A 12-30-97)

      NAC 534.144  “Instrumentation borehole” defined. (NRS 534.020, 534.110)  “Instrumentation borehole” means a borehole constructed by intentionally placing or leaving any monitoring instrumentation in the hole as the hole is plugged and sealed at the time of construction.

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

      NAC 534.147  “Liner pipe” defined. (NRS 534.020, 534.110)  “Liner pipe” means a pipe made of steel or plastic which is:

     1.  Smaller in diameter than the installed casing of a well; and

     2.  Used to reconstruct or deepen a well or to strengthen unstable conditions encountered at depth within a well.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.148  “Monitoring well” defined. (NRS 534.020, 534.110)  “Monitoring well” means any well that is constructed to evaluate, observe or determine the quality, quantity, temperature, pressure or other characteristic of groundwater or an aquifer. The term includes a piezometer, drive point well or vapor extraction well. The term does not include an instrumentation borehole that is plugged and sealed and is not open to the atmosphere upon completion.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; R068-20, 12-29-2020)

      NAC 534.150  “Neat cement” defined. (NRS 534.020, 534.110)  “Neat cement” means a mixture of clean water and cement in a ratio of not more than 6 gallons of water per bag of portland cement (1 cubic foot or 94 pounds).

     [St. Engineer, Drilling Wells Reg. § 1.12, eff. 5-19-81]—(NAC A 12-30-97; R068-20, 12-29-2020)

      NAC 534.160  “Nominal size” defined. (NRS 534.020, 534.110)  “Nominal size” means the manufactured commercial designation of the diameter of a casing. An example would be casing with an outside diameter of 12 3/4 inches which may be nominally 12-inch casing by manufactured commercial designation.

     [St. Engineer, Drilling Wells Reg. § 1.15, eff. 5-19-81]

      NAC 534.175  “Permit” defined. (NRS 534.020, 534.110)  “Permit” means the written permission from the State Engineer to appropriate public waters for a beneficial use from a surface or underground source, at a specific point of diversion, under limited circumstances.

     (Added to NAC by St. Engineer, eff. 1-9-90)

      NAC 534.179  “Piezometer” defined. (NRS 534.020, 534.110)  “Piezometer” means a well that is constructed to measure water pressure or soil moisture tensions at one or more discrete intervals.

     (Added to NAC by St. Engineer, eff. 12-30-97)

      NAC 534.182  “Pitless adapter” defined. (NRS 534.020, 534.110)  “Pitless adapter” means a commercially manufactured device designed for attachment to openings through the casing of a water well that permits water service pipes to pass through the wall or an extension of a casing and prevents the entry of contaminants into the well or water supply.

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

      NAC 534.183  “Plug” defined. (NRS 534.020, 534.110)  “Plug” means the procedure in which a well or geotechnical soil boring is sealed.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R068-20, 12-29-2020)

      NAC 534.1835  “Pressure grouting” defined. (NRS 534.020, 534.110)  “Pressure grouting” means a process by which:

     1.  Grout is confined within a borehole or casing through the use of retaining plugs or packers; and

     2.  Sufficient pressure is applied to drive the grout slurry into the annular space or zone that is being grouted.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.185  “Public land survey” defined. (NRS 534.020, 534.110)  “Public land survey” means the description of the location of land using the survey system of the United States Government and includes the 40-acre subdivision within a quarter-quarter section, quarter section, section, township and range.

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

      NAC 534.188  “Reconditioning” defined. (NRS 534.020, 534.110)  “Reconditioning” means the process of revitalizing an existing well by various methods that do not cause a material change in the design or construction of the well, including, without limitation, chemical treatment, brush cleaning, surging and high-pressure jetting.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R068-20, 12-29-2020)

      NAC 534.189  “Rehabilitation” defined. (NRS 534.020, 534.110)  “Rehabilitation” means a material change in the design or construction of an existing well, including, without limitation, deepening, hydrofracturing, recasing, perforating, the permanent installation of packers or seals, the installation of casing, resealing, installing or modifying liner pipe or reaming or underreaming the borehole.

     (Added to NAC by St. Engineer by R044-14, eff. 10-24-2014; A by R068-20, 12-29-2020)

      NAC 534.190  “Seal” defined. (NRS 534.020, 534.110)  “Seal” means the watertight seal established in a borehole or the annular space between the well casings or a well casing and the borehole to prevent the inflow or vertical movement of surface water or shallow groundwater, or to prevent the outflow or vertical movement of water under artesian pressures. The term includes a sanitary seal.

     [St. Engineer, Drilling Wells Reg. § 1.19, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R068-20, 12-29-2020)

      NAC 534.194  “Sodium bentonite” defined. (NRS 534.020, 534.110)  “Sodium bentonite” means a colloidal clay that:

     1.  Consists primarily of the weathered volcanic clay mineral montmorillonite where sodium is the predominant, exchangeable cation;

     2.  Has the ability to swell; and

     3.  Is easily hydrated when mixed with fresh water to form bentonite drilling fluids or bentonite grout.

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

      NAC 534.195  “Static water level” defined. (NRS 534.020, 534.110)  “Static water level” means the stabilized level or elevation of the surface of the water in a well, borehole or geotechnical soil boring that is not being pumped and is not affected by the pumping of other wells.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R068-20, 12-29-2020)

      NAC 534.201  “Tremie pipe” defined. (NRS 534.020, 534.110)  “Tremie pipe” means a device that carries materials, including, without limitation, seal material, gravel pack or formation stabilizer, to a designated depth in a borehole or an annular space.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.203  “Uncontaminated fill” defined. (NRS 534.020, 534.110)  “Uncontaminated fill” means a material that does not contain contaminants in concentrations that pose a threat to human health and safety or the environment.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.205  “Vapor extraction well” defined. (NRS 534.020, 534.110)  “Vapor extraction well” means any well constructed to remove vapors that may contaminate the groundwater.

     (Added to NAC by St. Engineer, eff. 12-30-97)

      NAC 534.210  “Waste” defined. (NRS 534.020, 534.110)  “Waste” has the meaning ascribed to it in NRS 534.0165.

     [St. Engineer, Drilling Wells Reg. § 1.21, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.220  “Well” defined. (NRS 534.020, 534.110)  “Well” means a penetration in the ground made for the purpose of measuring, testing, sampling or producing groundwater. The term includes a water well, monitoring well or exploratory well.

     [St. Engineer, Drilling Wells Reg. § 1.22, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R039-12, 6-29-2012)

      NAC 534.240  “Well driller” defined. (NRS 534.020, 534.110)  “Well driller” has the meaning ascribed to it in NRS 534.017.

     [St. Engineer, Drilling Wells Reg. § 1.24, eff. 5-19-81]—(NAC A 1-9-90)

      NAC 534.243  “Well Driller’s Report” defined. (NRS 534.020, 534.110)  “Well Driller’s Report” means the log and record of work for a drilled, plugged or rehabilitated well required to be submitted to the State Engineer pursuant to NRS 534.170 and NAC 534.340.

     (Added to NAC by St. Engineer by R044-14, 10-24-2014; A by R068-20, 12-29-2020)

      NAC 534.245  “Well drilling” and “drilling a well” defined. (NRS 534.020, 534.110)

     1.  “Well drilling” and “drilling a well” have the meaning ascribed to them in NRS 534.0175.

     2.  As used in NRS 534.0175, the State Engineer interprets “well drilling” and “drilling a well” to include, without limitation, the drilling, plugging and rehabilitation of a well.

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.255  “Well-drilling site,” “drill site” and “drilling site” defined. (NRS 534.020, 534.110)  “Well-drilling site,” “drill site” or “drilling site” means the physical location at which a well is drilled, plugged or rehabilitated.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

WELL-DRILLING LICENSES

      NAC 534.280  Application for license. (NRS 534.020, 534.110, 534.140)  An application for a well-drilling license must be submitted to the Division. The application:

     1.  Must:

     (a) Be completed and signed by the applicant on a form provided by the Division.

     (b) Be accompanied by evidence that the applicant has at least 2 years of full-time experience acquired during the immediately preceding 5 years. The State Engineer will determine whether such experience is satisfactory and appropriate for the type of license for which the applicant is applying.

     (c) Be accompanied by at least four professional references. The State Engineer will determine whether such references are satisfactory and appropriate for the type of license for which the applicant is applying.

     (d) Include any other information requested by the State Engineer.

     (e) Be accompanied by the fee prescribed in NRS 534.140.

     2.  Is valid for 1 year after the date of submission of the application unless the applicant fails any part of the examination required pursuant to NAC 534.282.

     [St. Engineer, Drilling Wells Reg. § 2.01, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.282  Qualifications of applicant; denial of application. (NRS 534.020, 534.110, 534.140)

     1.  An applicant for a well-drilling license must:

     (a) Be at least 18 years of age; and

     (b) Pass a two-part examination, consisting of the following sections:

          (1) A written examination which includes:

               (I) A written test consisting of questions on which the applicant must obtain a passing score of at least 80 percent; and

               (II) A test of the applicant’s ability to use a standard 7.5 minute topographic map from the United States Geological Survey to provide the public land survey description of the location of a well, which will be scored on a pass or fail basis; and

          (2) An oral examination conducted by the Board.

     2.  The State Engineer will deny an applicant a license if the applicant:

     (a) Fails to notify the Division at least 3 working days before the scheduled examination date that he or she cannot appear for the examination as instructed by a notice to appear before the State Engineer or the Board;

     (b) Reschedules the written or oral examination more than twice; or

     (c) Fails to pass any section of the examination described in paragraph (b) of subsection 1.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.286  Oral examination of applicants. (NRS 534.020, 534.110, 534.140)  Except as otherwise provided in NAC 534.288, the Board shall conduct the oral examination section of the examination for each applicant for a well-drilling license. The oral examination section of the examination must be conducted to determine the sufficiency of the applicant’s:

     1.  Knowledge of the provisions of this chapter and chapter 534 of NRS, including, without limitation, knowledge of the minimum standards established in this chapter for the construction, plugging, development or testing of wells;

     2.  Qualifications and experience;

     3.  Proficiency in the operating procedures and construction methods associated with the various types of drilling rigs and equipment used for well drilling; and

     4.  Ability to resolve problems that may arise during the construction, plugging, development or testing of a well.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.288  Board not required to conduct oral examination of certain applicants. (NRS 534.020, 534.110, 534.140)  The Board is not required to conduct the oral examination section of the examination for an applicant for a well-drilling license:

     1.  Who receives a score of less than 80 percent on the written test portion of the written examination;

     2.  Who is unable to demonstrate his or her ability to locate a well by public land survey on a topographic map; or

     3.  If the State Engineer finds that the applicant’s experience or professional references required pursuant to NAC 534.280 are not satisfactory or appropriate for the type of license for which the applicant is applying.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.290  Revocation or denial of license. (NRS 534.020, 534.110, 534.140, 534.150, 534.160)

     1.  The State Engineer may revoke or refuse to reissue a well-drilling license if the State Engineer determines, after an investigation and a disciplinary hearing, that the well driller has:

     (a) Been found to be incompetent as a well driller by the State Engineer or the Board;

     (b) Supplied false information to an owner of a well or a holder of a permit or his or her agent; or

     (c) Failed to report information concerning improper construction or improper plugging of a well pursuant to NAC 534.355.

     2.  The State Engineer may avail himself or herself of the services of the Board pursuant to NRS 534.150 if the State Engineer determines that to do so is appropriate under the circumstances.

     [St. Engineer, Drilling Wells Reg. §§ 8.01 & 8.02, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R068-20, 12-29-2020)

      NAC 534.292  Notice to renew license; notification by well driller of change in mailing address. (NRS 534.020, 534.110, 534.140)

     1.  The Division shall send to each licensed well driller a notice to renew his or her license before the expiration of the license. Failure to receive the notice does not relieve a well driller of the well driller’s obligation to file the appropriate forms and pay the fee for renewal in a timely manner.

     2.  A well driller shall notify the Division of any change in his or her mailing address within 30 days after the change.

     (Added to NAC by St. Engineer, eff. 1-9-90; A by R039-12, 6-29-2012; R068-20, 12-29-2020)

      NAC 534.2923  Renewal of license: Application; required continuing education units. (NRS 534.020, 534.110, 534.140)  A well driller may renew his or her well-drilling license by submitting a renewal application to the Division so that the Division receives the application not later than June 15. The renewal application must:

     1.  Be completed and signed by the well driller on a form provided by the Division;

     2.  Be accompanied by the renewal fee prescribed in NRS 534.140; and

     3.  Except as otherwise provided in subsection 4 of NAC 534.2927, include documentation satisfactory to the Division that the applicant has completed eight credit units of continuing education during the current licensing period. At least once within two consecutive licensing renewal periods, the units of continuing education completed by an applicant must include the successful completion of the course offered by the Division, “Nevada Well Drilling Regulations, Statutes and Forms.”

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R009-06, 6-1-2006, eff. 7-1-2008; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.2925  Renewal of license: Processing of and action on application. (NRS 534.020, 534.110, 534.140, 534.160)

     1.  The Division shall process each application submitted for renewal of a well-drilling license pursuant to NAC 534.2923 in the order in which the applications are received by the Division. If the State Engineer determines that an application is complete and the applicant is qualified, the Division shall renew the license for the period ending on June 30 of the year after approval of the renewal.

     2.  The Division shall not renew a license if the State Engineer determines, upon investigation, that the well driller:

     (a) Has not submitted all required notices of intent to the Division as required by NAC 534.320;

     (b) Has not furnished a copy of the Well Driller’s Report for every well drilled, plugged or rehabilitated to the State Engineer pursuant to NRS 534.170 and NAC 534.340;

     (c) Has not complied with all orders requiring the repair or plugging of improperly constructed wells;

     (d) Is not otherwise in compliance with this chapter or chapter 534 of NRS; or

     (e) Has accumulated 100 demerit points or more against his or her license.

     3.  If the State Engineer determines that a well driller has an unacceptable history of noncompliance with this chapter and chapter 534 of NRS, the Division may deny renewal, refuse renewal for a specified time, or renew the license of the well driller with conditions that the State Engineer considers appropriate. In making this determination, the State Engineer will consider:

     (a) The actions of the well driller with regard to his or her well-drilling license or other permits issued by the State Engineer pursuant to this chapter or chapter 534 of NRS.

     (b) The failure to submit or the failure to submit in a timely manner by the well driller any corrections to a Well Driller’s Report required pursuant to NAC 534.345.

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.2927  Continuing education of well drillers; exemptions and deferrals. (NRS 534.020, 534.110, 534.140)

     1.  A credit unit of continuing education is earned for each hour the person attends a workshop, seminar or course or participates in any other type of educational activity related to well drilling or related subjects approved by the Division. Such educational activities may include, without limitation, the completion of college courses or Internet courses, compiling and instructing courses approved by the Division, active participation on the board of a professional organization and authoring appropriate publications.

     2.  Documentation of completion of continuing education which is satisfactory to the Division includes, without limitation:

     (a) A log, on a form provided by the Division, indicating the type of educational activity claimed, the sponsoring organization, the duration of the course or activity, the name of the instructor and the number of credit units; and

     (b) Documents providing evidence of attendance at or participation in an educational activity, including, without limitation, a certificate of completion.

     3.  Except as otherwise provided in subsection 4, the Division shall deny the renewal of a license if, at the time of renewal, the well driller is unable to provide documentation of completion of the number of credit units of continuing education required by NAC 534.2923.

     4.  The Division may exempt a well driller from or allow a well driller to defer the completion of all or part of the number of credit units of continuing education required by NAC 534.2923 if the well driller:

     (a) Served on active duty in the Armed Forces of the United States for 120 consecutive days or more during the licensing period immediately preceding the application for renewal;

     (b) Was prevented from earning the number of credit units of continuing education required by NAC 534.2923 because of a physical disability, serious illness or other extenuating circumstances; or

     (c) Is within the first renewal period after the well driller has applied or reapplied for his or her license.

     5.  A well driller who is not a resident of this State is subject to the same requirements of continuing education as a well driller who is a resident of this State.

     6.  The Division shall review each educational activity submitted to the Division to satisfy the continuing education requirements set forth in NAC 534.2923 to determine the number of credit units of continuing education, if any, to assign to the educational activity.

     7.  The Division is not obligated to provide credit units of continuing education for a course that was completed before the Division has approved the course.

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.293  Requirements to reinstate license if prior license has expired or been suspended or revoked. (NRS 534.020, 534.110, 534.140)  To reinstate a license, a well driller whose license has been:

     1.  Expired for 1 year or less must:

     (a) File a renewal application pursuant to NAC 534.2923 with the renewal fee required by NRS 534.140;

     (b) Pass the examination required by NAC 534.282 or petition the Division in writing for an exemption from the requirement to pass the examination;

     (c) Reduce the number of demerit points the well driller has accumulated against his or her license to zero; and

     (d) Provide documentation satisfactory to the Division that the well driller has completed the eight credit units of continuing education required pursuant to subsection 3 of NAC 534.2923, unless the well driller receives an exemption or deferral from the Division pursuant to subsection 4 of NAC 534.2927. The eight credit units of continuing education must have been earned:

          (1) During the most recent licensing period during which the license of the well driller was active; or

          (2) During the time the license of the well driller was expired.

     2.  Expired for more than 1 year or suspended or revoked must:

     (a) File a new application for a well-drilling license with the fee required by NRS 534.140;

     (b) Pass the examination required by NAC 534.282; and

     (c) Reduce the number of demerit points the well driller has accumulated against his or her license to zero.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.294  Scope of authority under license; issuance of limited licenses; request to modify scope of limited license. (NRS 534.020, 534.110, 534.140)

     1.  A well-drilling license authorizes the licensee to drill, plug or rehabilitate the following types of wells:

     (a) Water wells; and

     (b) Monitoring wells.

     2.  The State Engineer may issue limited well-drilling licenses that limit a well driller to a class of work or type of drilling rig, or both, for which the Board has determined the driller is qualified.

     3.  If a well driller wishes to modify the scope of his or her limited well-drilling license, the well driller must:

     (a) File a new application for a well-drilling license and submit the required license fee pursuant to NAC 534.280;

     (b) Pass the examination required pursuant to NAC 534.282 or petition the Division in writing for an exemption from the requirement to pass the examination; and

     (c) Reduce the number of demerit points the well driller has accumulated against his or her limited license to zero.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R044-14, 10-24-2014; R068-20, 12-29-2020)

DUTIES OF WELL DRILLERS

      NAC 534.300  Designated basins; replacement wells. (NRS 534.020, 534.050, 534.110, 534.140)

     1.  Except as otherwise provided in NAC 534.315, a well driller shall not drill a water well within a groundwater basin designated by the State Engineer until the well driller determines that a permit to appropriate the groundwater has been issued pursuant to NRS 534.050 or the appropriate waiver has been issued pursuant to NAC 534.439 to 534.450, inclusive.

     2.  Except as otherwise provided in subsections 3 and 5, a water well may be drilled to replace an existing well if a valid permit, waiver or certificate of water right exists for the well to be replaced.

     3.  If continued use:

     (a) Will not be made of the existing well, the existing well must be plugged as required by NAC 534.420 at the time the replacement well is drilled.

     (b) Will be made of the existing well, a permit or waiver must be issued for the existing well before any drilling is commenced.

     4.  The replacement well must be drilled pursuant to NRS 534.065. Drilling must not be suspended without completing the replacement well or plugging the original well unless approved by the Division.

     5.  If water service is available from an entity, including, without limitation, a public utility, a water district or a municipality presently engaged in furnishing water to the inhabitants of an area, a well for temporary use for which a revocable permit was granted pursuant to NRS 534.120 may not be drilled or replaced unless, pursuant to NAC 534.4415, a waiver from the provisions of this section is first obtained from the State Engineer.

     [St. Engineer, Drilling Wells Reg. §§ 10.01-10.03, 10.05 & 10.06, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.310  Nondesignated basins; replacement wells. (NRS 534.020, 534.050, 534.110, 534.140)

     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 or a waiver does so at the risk that a permit to appropriate water or a waiver 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.  Except as otherwise provided in this subsection, in basins which have not been designated by the State Engineer, the well driller may proceed to drill a well whether or not the owner of the property has a permit to appropriate water or a waiver. If the well will be located on public land, before the well driller may drill the well, a notarized affidavit must be filed with the Division on a form prescribed by the Division by the person responsible for plugging the well upon abandonment acknowledging that the person is responsible for plugging the well.

     3.  A replacement well must be drilled pursuant to NRS 534.065. Drilling must not be suspended without completing the replacement well and plugging the original well unless approved by the Division.

     4.  In basins which have not been designated by the State Engineer, if the owner of the property has not applied for a permit to appropriate water or a waiver within 1 year after the date on which the well is completed, the well must be plugged as required by NAC 534.427.

     [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; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.315  Wells for domestic use; replacement wells. (NRS 534.020, 534.110, 534.140, 534.180)

     1.  Except as otherwise provided in subsection 8, permits to appropriate groundwater are not required for the drilling of wells for domestic use.

     2.  A well driller shall take into account the normal annual fluctuations in the demand for water of an area and, if the well is in a developed area, some annual drop in static water level.

     3.  Water may not be diverted from more than one well for domestic use in one single-family residence.

     4.  Except as otherwise provided in NAC 534.317, a well drilled for domestic use only must have a casing size not larger than 8.625 inches in diameter.

     5.  Except as otherwise provided in subsection 7, if a well drilled or converted for domestic use cannot be rehabilitated:

     (a) A replacement well may be drilled; and

     (b) If a replacement well is drilled, the original well must be plugged as required by NAC 534.420 not later than 60 days after the date on which the drilling of the replacement well is completed.

     6.  Except as otherwise provided in subsection 7, a well may be drilled for domestic use if not more than 2 acre-feet of water per year is diverted from the well for use by a single-family household, including a residence with a lawn, garden and domestic animals.

     7.  If water service is available from an entity, including, without limitation, a public utility, a water district or a municipality presently engaged in furnishing water to the inhabitants of the area, a well for domestic use may not be drilled, including, without limitation, deepened or rehabilitated, or replaced unless a waiver from the provisions of this section is first obtained from the Division pursuant to NAC 534.4415.

     8.  A permit must be obtained from the Division if:

     (a) More than 2 acre-feet of water per year is diverted from a water well for domestic use;

     (b) Water is used for purposes other than domestic use; or

     (c) The single-family dwelling is furnished water by an entity that is authorized to furnish water to the inhabitants of the area where the dwelling is located.

     [St. Engineer, Drilling Wells Reg. § 10.04 + Part 12, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.316  Wells for domestic use: Requirements for subdivisions. (NRS 534.020, 534.110)

     1.  If a right to appropriate water has been dedicated to a subdivision or has been acquired with the intent to serve a subdivision, a well may be drilled for domestic use if:

     (a) At least 2 acre-feet per year of water is relinquished to the State Engineer for reversion to the source of the water. If the water right dedicated or acquired to serve the parcel of land is for less than 2 acre-feet per year, all or a portion of another water right must be relinquished to the State Engineer for reversion to the source of the water so that the total amount relinquished for the domestic well is 2 acre-feet.

     (b) The State Engineer determines that:

          (1) The water right or rights, as applicable, is in good standing; and

          (2) The drilling of the well for domestic use is not detrimental to the public interest.

     2.  Every right to appropriate water that is relinquished pursuant to subsection 1:

     (a) Remains appurtenant to the parcel of land on which the well for domestic use is located, as specified on the parcel map; and

     (b) Maintains its date of priority established pursuant to NRS 534.080.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.317  Wells for domestic use: Requirements to convert an existing nondomestic well to a well for domestic use. (NRS 534.020, 534.110)

     1.  An owner of an existing nondomestic well may submit to the State Engineer an application to convert the well to a well for domestic use. An application to convert a well for domestic use must be on a form provided by the State Engineer.

     2.  If the application to convert a well for domestic use is approved by the State Engineer, the owner must:

     (a) Install a water meter capable of measuring the total withdrawal of water from the well for domestic use before the well is used for such purpose;

     (b) Ensure that the total withdrawal of water from the well for domestic use does not exceed 2 acre-feet per year; and

     (c) Keep monthly records of the amount of water pumped from the well for domestic use and submit such records to the State Engineer not later than February 15th of each year.

     3.  The State Engineer shall monitor the annual withdrawal of water from every well that has been converted for domestic use pursuant to this section.

     4.  A well that has been converted for domestic use pursuant to this section may have a casing size larger than 8.625 inches in diameter.

     5.  The date of completion of a well that has been converted for domestic use pursuant to this section for purposes of determining the date of priority of the well pursuant to subsection 4 of NRS 534.080 shall be deemed to be the date on which the State Engineer approves the conversion of the well for domestic use.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.320  Notice of intent: Submission; approval by Division required; contents; fees; correction; electronic submission; forms. (NRS 534.020, 534.110, 534.140)

     1.  Except as otherwise provided in subsection 2, before a well driller may set up a well rig or commence drilling, plugging or rehabilitating a well, the well driller must:

     (a) Submit to the Division a notice of intent in accordance with the requirements of this section; and

     (b) Receive the approval of the Division for the notice of intent. All work performed by the well driller is subject to the terms of approval for the notice of intent issued by the Division. After the Division receives and approves the notice of intent, the well driller must notify the Division in writing at least 24 hours before the work will commence and then the well driller may set up the well rig and commence drilling, plugging or rehabilitating the well.

     2.  Submission of a notice of intent is not required for the reconditioning of an existing well.

     3.  The notice of intent submitted pursuant to subsection 1 must give the name of the person for whom the work is being performed, the location of the well by public land survey, the lot number, block number and county assessor’s parcel number, the parcel size, the purpose of the well, the date on which the work is to be commenced, the type of work to be done and the diameter of casing to be installed. The notice must be accompanied by the filing fee required by NRS 533.435 and must include:

     (a) The signature of a qualified person who is named on the contractor’s license or the well driller responsible for the work;

     (b) The license number of the well driller responsible for the work; and

     (c) If applicable, the governmental agency identification number mandating the installation of the well, such as the number of a water right permit, waiver, case file or facility identification.

     4.  The notice of intent submitted pursuant to subsection 1 must be received by the Division at least 3 working days before the well rig is to be set up. If a permit or waiver is required for the drilling operation, the number of the permit or waiver issued by the Division must be indicated on the notice of intent in addition to the information required by subsection 3.

     5.  In addition to the requirements of subsections 3 and 4, the notice of intent must include global positioning system coordinates which:

     (a) Are either identified by latitude and longitude using decimal degrees or are identified using coordinates of the Universal Transverse Mercator system; and

     (b) Specify for each coordinate whether the North American Datum of 1927, North American Datum of 1983 or the World Geodetic System 1984 was used.

     6.  If a well driller omits any of the information required by this section from the notice of intent submitted to the Division pursuant to subsection 1, the Division may return the notice of intent to the well driller for correction. A well driller must not set up the well rig or commence drilling, rehabilitating or plugging the well until the well driller receives approval of the corrected notice of intent from the Division.

     7.  A well driller may submit the notice of intent required pursuant to subsection 1 to the Division in an electronic format if the Division approves this manner of submission for the well driller before the well driller submits the notice of intent.

     8.  The forms evidencing notice of intent must be furnished by the Division to the well driller.

     9.  If a well is to be drilled, plugged or rehabilitated in a township that is located north of the Mount Diablo baseline, the notice of intent must be submitted to the office of the Division located in Carson City. If a well is to be drilled, plugged or rehabilitated in a township which is located south of the Mount Diablo baseline, the notice of intent must be submitted to the office of the Division located in Las Vegas.

     [St. Engineer, Drilling Wells Reg. Part 4, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.325  Notice of intent: Lapse; new notice. (NRS 534.020, 534.110, 534.140)

     1.  If the drilling, plugging or rehabilitation of a well described on a notice of intent is not commenced within 60 days after the Division approves the notice of intent or by the date listed on the notice of intent on which work is to commence, whichever is later, the notice of intent lapses and a new notice of intent must be submitted and approved by the Division before such activity may proceed. The new notice of intent must include the number of the lapsed notice of intent and be accompanied by the fee required pursuant to NRS 533.435.

     2.  After the Division receives and approves the new notice of intent, the well driller must notify the Division in writing at least 24 hours before the work will commence and then the well driller may set up the drill rig and commence drilling, plugging or rehabilitating a well.

     3.  The well driller shall indicate on the Well Driller’s Report for the well the number of the notice of intent that the well driller last submitted for that well.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.330  Responsibilities of licensed well driller at drilling site; investigation by Division. (NRS 534.020, 534.110, 534.140)

      1.  A well driller licensed by the State Engineer:

     (a) Shall directly supervise the well-drilling site when the drill rig is in operation and when any activity involving the construction, rehabilitation or plugging of the well is conducted. If the licensed well driller leaves the drilling site, the drilling operation must be shut down until that licensed well driller or another well driller licensed pursuant to this chapter returns to the drilling site.

     (b) Shall ensure that the drilling of the well complies with:

          (1) The provisions of this chapter; and

          (2) The terms and conditions of any permit, waiver or order issued by the State Engineer.

     (c) Shall carry the well driller’s license card when he or she is present at the drilling site and produce the card when requested to do so by a representative of the Division.

     (d) Shall have in his or her possession at the well-drilling site the documentation of the approval by the Division of the notice of intent submitted by the well driller for the well and shall produce that documentation upon request by a representative of the Division.

     2.  The Division may order the drilling operation to cease and conduct an investigation if the Division determines that:

     (a) Drilling operations occurred during any period in which a licensed well driller was not directly supervising the well-drilling site; or

     (b) The drilling operation is in violation of any provision of this chapter.

Ê The drilling operation may not recommence until the Division so approves.

     [St. Engineer, Drilling Wells Reg. § 2.02, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.335  Responsibility to obtain written authorization from owner of land to access project if certain waiver granted. (NRS 534.020, 534.110)  A waiver granted by the State Engineer pursuant to NAC 534.440 to 534.444, inclusive, and 534.448 does not extend to the well driller the right of ingress or egress across and upon public, private or corporate lands. To obtain such a right, the person who requested the waiver must obtain written authorization from the owner of the land to access the project area.

     (Added to NAC by St. Engineer by R044-14, eff. 10-24-2014)

      NAC 534.340  Well Driller’s Report: Form; contents. (NRS 534.020, 534.110, 534.140, 534.170)

     1.  A Well Driller’s Report must be submitted to the State Engineer within 30 days after the completion of the drilling, plugging or rehabilitation of a well by the well driller pursuant to NRS 534.170 and must be typewritten or legibly handwritten in black ink on a form provided by the Division. Submission of a Well Driller’s Report is not required for the reconditioning of an existing well.

     2.  In addition to the information required pursuant to NRS 534.170, the following information must be contained in the Well Driller’s Report:

     (a) The complete name and address of the person for whom the work is being performed.

     (b) The location of the well, including:

          (1) A description of its location by public land survey and county assessor’s parcel number.

          (2) Global positioning system coordinates which:

               (I) Are either identified by latitude and longitude using decimal degrees or are identified using coordinates of the Universal Transverse Mercator system; and

               (II) Specify for each coordinate whether the North American Datum of 1927, North American Datum of 1983 or the World Geodetic System 1984 was used.

          (3) In a Well Driller’s Report for a well drilled for domestic use, the address of the house to be served by the well, the county assessor’s parcel number and, if available, the lot and block description and the name of the subdivision.

     (c) Any pumping test or development data.

     (d) An accurate identification of the water-bearing formations.

     (e) The static water level, measured from the land surface.

     (f) Any applicable water rights permit or waiver number.

     (g) The temperature of the water in the well measured in degrees Fahrenheit.

     3.  An accurate description of the perforations in the casing must be set forth in the section of the Well Driller’s Report that contains a record of the well casing.

     4.  If the well is tested by:

     (a) Pumping pursuant to subsection 3 of NRS 534.170, the information must be reported on the Well Driller’s Report in gallons per minute of flow.

     (b) Flow, the length of time it takes to fill a container of known capacity, if the flow is not too large to be accurately measured in that manner, must be reported on the Well Driller’s Report.

Ê The duration of such testing must not exceed 72 hours, unless otherwise approved by the Division.

     [St. Engineer, Drilling Wells Reg. Part 7, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.345  Well Driller’s Report: Completion; execution; submission; correction. (NRS 534.020, 534.110, 534.140, 534.170)

     1.  All work performed by the well driller during the drilling operation must be accurately described in the Well Driller’s Report submitted by the well driller pursuant to NRS 534.170 and NAC 534.340.

     2.  The completed Well Driller’s Report must be signed by:

     (a) The licensed well driller who is directly supervising the well-drilling site as required pursuant to NAC 534.330;

     (b) The licensed well driller who is responsible for the work; or

     (c) The licensed contractor who is responsible for the work.

     3.  A well driller may submit the Well Driller’s Report in an electronic format if the Division approves this manner of submission for the well driller before the well driller submits the Well Driller’s Report.

     4.  If any of the information required to be included by this chapter or chapter 534 of NRS is omitted from a Well Driller’s Report, the Division may return the Well Driller’s Report to the well driller for correction. Any corrections to the Well Driller’s Report must be made and submitted to the State Engineer within 30 days after the date on which the well driller receives the returned Well Driller’s Report from the Division. If corrections are made to the returned Well Driller’s Report and submitted to the State Engineer 31 days or more after the date on which the Division returned the Well Driller’s Report to the well driller for correction, the Well Driller’s Report will be accepted by the State Engineer but the late submittal of the Well Driller’s Report shall be deemed to be a failure to file the Well Driller’s Report and the Division shall assess demerit points against the license of the well driller pursuant to NAC 534.500.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.350  Identification of well rig. (NRS 534.020, 534.110, 534.140)  The name and address of the contractor drilling the well must be conspicuously displayed in legible letters at least 3 inches high on the drill rig operated or owned by that contractor.

     [St. Engineer, Drilling Wells Reg. Part 9, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R044-14, 10-24-2014)

      NAC 534.355  Reporting of improper construction or plugging of well. (NRS 534.020, 534.110, 534.140)  A licensed well driller who becomes aware of specific information relating to improper construction or improper plugging of a well shall report that information to the Division as soon as practicable.

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

DRILLING, CONSTRUCTION AND PLUGGING OF WELLS AND BOREHOLES

     NAC 534.360  Construction of well: Casing. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  Except as otherwise provided in subsection 2, all wells must be:

     (a) Cased to:

          (1) Within 10 feet from the total depth drilled; or

          (2) At least 98 percent of the total depth drilled; and

     (b) Constructed to prevent contamination or waste of the groundwater.

     2.  If no additional water is developed in the bottom portion of a borehole, neat cement, cement grout or concrete grout must be placed by tremie pipe in an upward direction from the bottom of the borehole to the bottom of the casing.

     3.  The casing must:

     (a) Except as otherwise provided in this paragraph and NAC 534.362, be of new steel or clean and sanitary used steel. Materials other than steel may be used if the design of the well or the subsurface conditions prevent the use of steel casing and a professional engineer who holds a license issued pursuant to chapter 625 of NRS has approved the casing materials.

     (b) Be free of pits and breaks.

     4.  No holes may be cut in the casing walls for lifting and lowering into the borehole.

     5.  The thickness of the wall of the production casing must meet the following standards for minimum thickness for steel well casing:

 

Minimum thickness for steel well casing

 

 

Depth of casing (feet)

Nominal diameter of casing (inches)

 

 

6

8

10

12

14

16

18

20

22

24

30

0-100

3/16

(0.188)

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

100-200

3/16 (0.188)

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

200-300

3/16 (0.188)

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

300-400

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

3/8 (0.375)

400-600

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

3/8 (0.375)

7/16 (0.4375)

600-800

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

3/8 (0.375)

3/8 (0.375)

7/16 (0.4375)

800-1,000

3/16 (0.188)

1/4 (0.25)

1/4 (0.25)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

7/16 (0.4375)

7/16 (0.4375)

1/2 (0.50)

1,000-1,500

3/16 (0.188)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

3/8 (0.375)

3/8 (0.375)

7/16 (0.4375)

*

*

1,500-2,000

3/16 (0.188)

1/4 (0.25)

5/16 (0.3125)

5/16 (0.3125)

5/16 (0.3125)

3/8 (0.375)

3/8 (0.375)

7/16 (0.4375)

7/16 (0.4375)

*

*

* Refer to sections 4.4.5 of the American Water Works Association Standard A100-15, as adopted by reference in subsection 6, regarding the thickness of well casings.

 

     6.  For the purpose of subsection 5, section 4.4.5 of the American Water Works Association Standard A100-15 is hereby adopted by reference. A copy of the standard may be obtained by mail from the American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235-3098, by telephone at (800) 926-7337 or at the Internet address http://www.awwa.org, at a cost of $115.

     7.  The top of the casing on all wells must be at least 18 inches above the surface of the ground or the finished grade.

     8.  All production casing joints must be threaded and coupled or welded and be watertight. If the casing joints are welded, each joint must be welded completely and be equal to or greater than the casing thickness. Spot welds of casing joints are prohibited.

     9.  In a production well, no perforated or screened section may be placed above the static water level.

     10.  Inner casing installed in a well must extend or telescope at least 8 feet into the lower end of the adjacent outer well casing.

     11.  The well driller shall ensure that the integrity of any casing to be used in the construction of the well has not been impaired by storage, shipping, handling, perforating or exposure to ultraviolet light.

     [St. Engineer, Drilling Wells Reg. § 3.01, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.362  Construction of well: Thermoplastic casing. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  New thermoplastic water well casing made of polyvinyl chloride may be used as casing in a well if the casing:

     (a) Is clearly marked as well casing; and

     (b) Complies with the standards adopted by ASTM International designated as ASTM F480-14, or the current F480 designation at the time of installation, which are hereby incorporated by reference. A copy of the standards may be obtained by mail from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, by telephone at (877) 909-2786 or at the Internet address http://www.astm.org, at a cost of $75.

     2.  If polyvinyl chloride well casing is used:

     (a) The differential pressures that may occur during the installation of casing, the development of the well and the operation of the well must be considered by the well driller and the person responsible for designing the well.

     (b) The wall thickness must:

          (1) For nominal diameters that are 6 inches or less, conform to a rating of schedule 40 or heavier.

          (2) For nominal diameters that are more than 6 inches, conform to the ASTM standard dimension ratio of 21 or heavier. The standard dimension ratio is equal to the outside diameter divided by the wall thickness.

     (c) The joint connections must be:

          (1) Flush-threaded;

          (2) Threaded and coupled; or

          (3) Joined with nonmetallic couplings that are sealed with elastomeric sealing gaskets and which consist of flexible thermoplastic splines that are inserted into precisely machined grooves in the casing.

Ê The joint connections must not be glued or joined by restraining devices that clamp into or otherwise damage the surface of the casing. If the joint connections are flush-threaded or threaded and coupled, the well driller shall ensure that the connections are not overtightened.

     3.  If polyvinyl chloride well casing is used in a water well or monitoring well, the well driller shall set a protective steel casing which complies with the provisions of NAC 534.360 and extends not less than 5 feet inside the sanitary seal and not less than 18 inches above the finished grade. The top of the protective casing must be fitted with a locking cap or a standard sanitary well cap.

     4.  In a production well, no perforated or screened section may be placed above the static water level.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R068-20, 12-29-2020)

      NAC 534.370  Construction of well: Prevention of contamination; use of additives; securing against unauthorized entry; suspension of drilling. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  The well driller shall take the precautions necessary to:

     (a) Seal off any known zones of poor quality water which may affect the zones of good quality water in the well.

     (b) Prevent contamination or waste of groundwater.

     2.  Any additive used in drilling a well, including, without limitation, lost circulation materials, must be capable of being broken down and removed from the borehole and must not contaminate or induce contamination of the groundwater or be an organic substance unless certified as appropriate for use in a potable aquifer under the most current edition of Drinking Water Treatment Chemicals - Health Effects, NSF/ANSI/CAN Standard 60-2019, which is hereby adopted by reference. A copy of the standard may be obtained by mail from NSF International/Techstreet, 3025 Boardwalk Drive, Ann Arbor, Michigan 48108, by telephone at (855) 999-9870 or at the Internet address http://www.techstreet.com/nsf/products, at a cost of $325. As used in this subsection:

     (a) “Lost circulation materials” means substances added to drilling fluids when drilling fluids are being lost to the formations downhole.

     (b) “Organic substance” includes, without limitation, paper products, wood products, brans, hulls, grains, starches, hays, straws and proteins.

     3.  If it becomes necessary for the well driller to discontinue the drilling operation before completion of the well, the well must be covered securely to prevent a contaminant from entering the casing or borehole and rendered secure against entry by natural persons, domestic animals and wildlife.

     4.  After drilling is completed, all openings must be closed off to prevent contamination of the well. A sanitary well cap or steel plate must be welded to the well.

     5.  If drilling is suspended for any reason, the Division must be notified within 24 hours after drilling is suspended or before the drilling equipment is moved from the drilling site, whichever occurs first. The suspension of drilling without completing or plugging the well must be approved by the Division.

     6.  The rehabilitation of a well must not result in the commingling of aquifers.

     7.  Any chemicals placed in a well for the purpose of reconditioning the well must be specifically designed for such purpose and used in accordance with the manufacturer’s recommendations.

     [St. Engineer, Drilling Wells Reg. §§ 3.14 & 3.15, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.375  Measures required before constructing new water well and if contaminant or contaminated water is encountered during construction of water well. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  Before commencing construction of a new water well, a licensed well driller shall investigate the drilling conditions, the geology of potential aquifers and overlying materials in the area in which the new water well is located by examining Well Driller’s Reports in the database maintained on the Division’s website for wells located in the area in which the new water well will be located.

     2.  If a contaminant or contaminated water is encountered during the construction of a water well, the strata which contain the contaminant or contaminated water must be cased or sealed in such a manner that the contaminant or contaminated water does not commingle with or impair other strata or the water contained in other strata. The well driller shall, by grouting or by using special seals or packers, prevent the movement of the contaminant or contaminated water in the borehole.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.378  Construction of well: Measures required if artesian condition is encountered. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  If an artesian condition is encountered in a well, the well driller shall, in addition to complying with the provisions of subsections 2 and 3 of NRS 534.060, ensure that unperforated casing extends through the confining strata above the artesian zone. The annular space between the casing and the walls of the borehole must be sealed by placing neat cement, cement grout or bentonite chips by tremie pipe in an upward direction from the top of the artesian zone to the level necessary to prevent the leakage of artesian water above or below the surface. If bentonite chips are used, the chips must be placed in accordance with the manufacturer’s specifications.

     2.  Any flow of artesian water must be stopped completely in the manner set forth in subsection 3 of NRS 534.060 before the drill rig is removed from the drill site.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R068-20, 12-29-2020)

      NAC 534.380  Construction of well: Seals. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  Except as otherwise provided in subsection 2, before the drill rig is removed from the drill site of a well, the annular space between the borehole and the casing must be sealed to a minimum depth of 50 feet below ground level by:

     (a) Placing neat cement, cement grout, concrete grout or bentonite chips from the sealing depth to 20 feet from the surface; and

     (b) Placing neat cement, cement grout or concrete grout from 20 feet below the surface to the surface.

Ê If sodium bentonite chips are placed in the annular space, the chips must be placed in such a manner that a bridge does not occur. If bentonite chips are poured in standing water, the bentonite chips must be screened to eliminate the fines.

     2.  Before the drill rig is removed from the drill site of a well, the annular space between the borehole and the casing must be sealed to a depth of greater than 50 feet below ground level if sealing to such a depth is required by subsection 1 of NAC 534.370, NAC 534.375, subsection 1 of NAC 534.378 or paragraph (b) of subsection 1 of NAC 534.390.

     3.  The casing must be centered as nearly as practicable in the borehole to allow the sanitary seal to surround the casing.

     4.  If a temporary conductor casing is used, it must be withdrawn during the placement of the grout.

     5.  If a pitless adapter is used:

     (a) The sanitary seal must begin not more than 5 feet below ground level;

     (b) The sanitary seal must extend at least 50 feet below the bottom elevation of the pitless adapter;

     (c) A minimum of 20 feet of neat cement, cement grout or concrete grout must be placed below the pitless adapter; and

     (d) The portion of the casing above the sanitary seal must be backfilled to ground level with uncontaminated soil which is compacted.

     6.  A pipe used to feed gravel through the cement seal or to provide access to the interior of the well must be fitted with a watertight cap.

     7.  A licensed well driller must place the seal or directly supervise the placement of the seal.

     8.  The seal must be placed:

     (a) In the annular space within 3 days after the casing is set and before the drill rig is removed from the drill site.

     (b) In one continuous mass from the minimum depth of 50 feet below ground level to the surface.

     (c) By tremie pipe in an upward direction. Any grout slurry must be placed with sufficient pressure to create a uniform seal within the annular space. If using bentonite chips, the bentonite chips must be placed in accordance with the manufacturer’s specifications.

     9.  The diameter of the borehole must be at least 4 inches larger than the largest diameter of the outside of the outermost casing to be used, including any joints or collars for the entire depth of the seal. If a fill pipe for gravel is installed, the diameter of the borehole must be 4 inches larger than the largest diameter of the casing plus the largest diameter of the fill pipe for gravel. A fill pipe for gravel or any other pipe to provide access to the interior of the well must be completely surrounded by the seal. A conductor casing may be used to convey the gravel pack. If a conductor casing is used:

     (a) The diameter of the borehole must be at least 4 inches larger than the largest diameter of the conductor casing for the entire depth of the seal; and

     (b) The annular space between the conductor casing and the borehole must be sealed.

     10.  A watertight seal must be installed at the surface level between the conductor casing and the production casing to prevent any contaminants from entering the gravel pack conductor area. A welded plate or a seal consisting of neat cement, cement grout or concrete grout from a minimum depth of 10 feet below ground level to the surface must be used. If a welded plate is used, the entire length of the plate must be welded to the conductor casing and production casing.

     11.  No perforations may be made in the production casing from the ground level to the total depth of the seal.

     [St. Engineer, Drilling Wells Reg. §§ 3.02-3.13 & 3.16, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.390  Construction of well: Location near river, lake, perennial stream, unlined reservoir, ditch or canal; compliance with permit or waiver. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  If a well, other than a monitoring well, is drilled within 1/4 mile of a river, lake, perennial stream, unlined reservoir, ditch or canal:

     (a) Perforations in the production casing are prohibited from ground level to a depth of 100 feet;

     (b) The well must be sealed to a minimum depth of 100 feet; and

     (c) A permanent conductor casing may be used to convey the gravel pack to the 100-foot level.

     2.  If a well is being drilled pursuant to a permit or waiver, the well driller is responsible for satisfying the terms and conditions of the permit or waiver concerning the construction of the well.

     [St. Engineer, Drilling Wells Reg. Part 5, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R068-20, 12-29-2020)

      NAC 534.420  Plugging of well: General requirements. (NRS 534.020, 534.060, 534.110)

     1.  Except as otherwise provided in NAC 534.422, a well other than a monitoring well must be plugged in the manner prescribed in this section by a well driller licensed by the State Engineer to:

     (a) If feasible, restore the controlling hydrological conditions that existed before the well was drilled and constructed;

     (b) Eliminate physical hazards;

     (c) Prevent contamination of groundwater and the movement of contaminants inside or outside the well casing;

     (d) Conserve the yield and hydrostatic head of aquifers; and

     (e) Prevent the movement of surface or groundwater into unsaturated zones, another aquifer or between aquifers.

     2.  A well driller shall:

     (a) Ensure that in accordance with NAC 534.320 a notice of intent is received by the Division not less than 3 working days before the drill rig is moved to the location where the well will be plugged; and

     (b) Notify the Division in writing not less than 24 hours before beginning to plug the well.

     3.  Before the well driller begins to plug the well, he or she shall:

     (a) If possible, obtain the Well Driller’s Report for that well from the Division or the owner of the well.

     (b) Visually inspect the area around the well and examine Well Driller’s Reports in the database maintained on the Division’s website to identify any well in the area in which the well to be plugged is located that may be impacted by the plugging activities. If such a well is identified, the well driller shall request an alternative plan for plugging the well pursuant to NAC 534.422.

     4.  A well must be plugged pursuant to this section by:

     (a) Removing the pump or debris from the borehole with appropriate equipment; and

     (b) If an annular cement seal was not installed, attempting to break the casing free with appropriate equipment so that the casing may be pulled from the well.

     5.  When plugging a well in which the casing in the well does not break free and there is evidence of a sanitary seal around the well casing:

     (a) The well driller shall perforate that portion of the casing which extends from the bottom of the well to not less than 50 feet above the top of the highest known preexisting static water level or to the level of the annular seal. That portion of the casing must be perforated with not less than four equidistant cuts per each 2 linear feet to allow the plugging fluid to penetrate the annular space and the geologic formation. The perforations made in each 2 linear feet of the casing must be made along a horizontal plane of the borehole. A well with a diameter of more than 8 inches in nominal size must be perforated a sufficient number of additional times per linear foot to ensure that the plugging fluid penetrates into the annular space and formation. If authorized under an alternative plan pursuant to NAC 534.422, the well driller may use bentonite grout or uncontaminated fill from the top of the plug installed 50 feet above the highest known preexisting static water level to within 20 feet of the surface of the well.

     (b) The following materials may be used to plug the well from:

          (1) The total depth to the top of the highest known preexisting static water level:

               (I) Neat cement;

               (II) Cement grout; or

               (III) Bentonite grout.

          (2) The top of the highest known preexisting static water level to 50 feet above the highest known preexisting static water level:

               (I) Neat cement; or

               (II) Cement grout.

          (3) Fifty feet above the highest known preexisting static water level to 20 feet below the surface:

               (I) Neat cement;

               (II) Cement grout;

               (III) Concrete grout; or

               (IV) Bentonite chips.

          (4) Twenty feet below the surface to the surface:

               (I) Neat cement;

               (II) Cement grout; or

               (III) Concrete grout.

     6.  When plugging a well in which the casing of the well does not break free and there is no evidence of a sanitary seal around the well casing:

     (a) The well driller shall perforate the casing from the bottom of the well to not less than 50 feet above the highest known preexisting static water level and from a depth of at least 50 feet to the surface of the well. The casing must be perforated with not less than four equidistant cuts per each 2 linear feet to allow the plugging fluid to penetrate the annular space and the geologic formation. The perforations made in each 2 linear feet of the casing must be made along a horizontal plane of the borehole. A well with a diameter of more than 8 inches in nominal size must be perforated a sufficient number of additional times per linear foot to ensure that the plugging fluid penetrates into the annular space and the geologic formation. If authorized under an alternative plan pursuant to NAC 534.422, the well driller may use bentonite grout or uncontaminated fill from the top of the plug installed 50 feet above the highest known preexisting static water level to within 20 feet of the surface of the well.

     (b) The following materials may be used to plug the well from:

          (1) The total depth to the top of the highest known preexisting static water level:

               (I) Neat cement;

               (II) Cement grout; or

               (III) Bentonite grout.

          (2) The top of the highest known preexisting static water level to 50 feet above the highest known preexisting static water level:

               (I) Neat cement; or

               (II) Cement grout.

          (3) Fifty feet above the highest known preexisting static water level to 50 feet below the surface:

               (I) Neat cement;

               (II) Cement grout;

               (III) Concrete grout; or

               (IV) Bentonite chips.

          (4) Fifty feet below the surface to the surface:

               (I) Neat cement; or

               (II) Cement grout.

     7.  When plugging a well in which the casing breaks free or, except as otherwise provided in NAC 534.4371, when plugging a geotechnical soil boring:

     (a) If the highest known preexisting static water level is at or above the bottom of the borehole, the following plugging materials may be used from:

          (1) The total depth to the highest known preexisting static water level:

               (I) Neat cement;

               (II) Cement grout;

               (III) Concrete grout;

               (IV) Bentonite chips; or

               (V) Bentonite grout.

          (2) The top of the highest known preexisting static water level to 20 feet below the surface:

               (I) Neat cement;

               (II) Cement grout;

               (III) Concrete grout; or

               (IV) Bentonite chips.

          (3) Twenty feet below the surface to the surface:

               (I) Neat cement;

               (II) Cement grout; or

               (III) Concrete grout.

     (b) If the highest known preexisting static water level is below the bottom of the borehole, the following plugging materials may be used from:

          (1) The total depth to within 20 feet of the surface:

               (I) Neat cement;

               (II) Cement grout;

               (III) Concrete grout;

               (IV) Bentonite chips; or

               (V) Clean uncontaminated fill.

          (2) Twenty feet below the surface to the surface:

               (I) Neat cement;

               (II) Cement grout; or

               (III) Concrete grout.

Ê If the preexisting static water level in the well cannot be determined, the preexisting static water level shall be deemed to be the bottom of the borehole.

     8.  A well driller shall submit a Well Driller’s Report to the State Engineer within 30 days after a water well has been plugged. The Well Driller’s Report must contain the location of the well by public land survey and county assessor’s parcel number, the name of the owner of the well, the condition of the well, the static water level before plugging and a detailed description of the method of plugging, including, but not limited to:

     (a) The depth of the well;

     (b) The depth to which the materials used to plug the well were placed;

     (c) The type, size and location of the perforations which were made in the casing;

     (d) The debris encountered in, milled out of or retrieved from the well; and

     (e) The materials used to plug the well.

     9.  If there is any standing liquid in the interval of the borehole that is being plugged, all grout materials used pursuant to this section must be placed by tremie pipe in an upward direction.

     [St. Engineer, Drilling Wells Reg. Part 14, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.422  Plugging of well: Use of exceptional method. (NRS 534.020, 534.110)

     1.  A well driller who wishes to plug a well in a manner that does not comply with the provisions set forth in NAC 534.420 must request a waiver pursuant to NAC 534.450.

     2.  If the Division authorizes the well driller to plug the well in a manner other than the manner set forth in NAC 534.420, the well driller shall comply with the instructions he or she receives from the Division, if any, relating to the manner in which the well must be plugged.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014)

      NAC 534.424  Plugging of well: Responsibility for cost. (NRS 534.020, 534.060, 534.110)

     1.  If a well is located on private land, the owner of the land at the time the well is plugged is responsible for the cost of plugging the well.

     2.  Except as otherwise provided in subsection 3, if a well is located on public land, the person who last drilled or used the well is responsible for the cost of plugging the well. If the person who last drilled or used the well does not plug the well after receiving notice from the Division by certified mail, return receipt requested, that the well must be plugged, the Division shall notify the person who owns the land on which the well is located that it is his or her responsibility to plug the well.

     3.  If there is a notarized affidavit on file with the Division acknowledging responsibility for plugging a well that is located on public land, the person who acknowledged responsibility for plugging the well in such affidavit is responsible for the cost of plugging the well. If that person does not plug the well after receiving notice from the Division by certified mail, return receipt requested, that the well must be plugged, the Division shall notify the person who owns the land on which the well is located that it is his or her responsibility to plug the well.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R068-20, 12-29-2020)

      NAC 534.426  Plugging of well: Artesian conditions. (NRS 534.020, 534.060, 534.110)  If an artesian condition is encountered in any well such that water is flowing at the surface, the artesian water strata must be contained pursuant to NRS 534.060 and NAC 534.378 and the well must be sealed by placing concrete grout, cement grout or neat cement by tremie pipe in an upward direction from the bottom of the well to the surface. The owner and the lessor of the land on which the well is located, the operator of the exploration project and the drilling contractor for the project shall take the necessary steps to prevent the loss of water above or below the surface and to prevent the vertical movement of water in the borehole.

     (Added to NAC by St. Engineer by R039-12, eff. 6-29-2012; A by R068-20, 12-29-2020)

      NAC 534.427  Mandatory plugging of certain wells. (NRS 534.020, 534.060, 534.110)

     1.  If any type of permit, certificate, waiver or application to appropriate water from a water well is cancelled, abrogated, forfeited, withdrawn, expired or denied, the well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422.

     2.  A well, other than a water well drilled for a domestic purpose, must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 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 the owner of the well has not applied for a water right permit or waiver from the Division within 1 year after the date on which the well is completed.

     3.  A well, including a water well drilled for a domestic purpose, must also be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 if the State Engineer sends a notice to the owner of the well by certified mail, return receipt requested, indicating that the well must be plugged 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; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.430  Means to measure level of water in well required. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  Except as otherwise provided in subsection 3, each well that is drilled must have:

     (a) An access port near the top of the casing or in the casing cover that is not less than 2 inches in diameter;

     (b) A commercially manufactured sanitary well cap that may be easily removed to determine the level of water in the well; or

     (c) A reliable electronic means to measure the level of water in the well.

     2.  An access port must have a watertight, screw-type cap seal or a removable plug to prevent contamination and must be kept closed.

     3.  On wells that are 8 5/8 inches in diameter or smaller, the access may be a 1-inch hole at the top of the casing or in the casing cover with a removable plug or bolt.

     4.  As used in this section, “access port” means an opening in the top of a well casing in the form of a tapped hole and plug or a capped pipe welded on the casing to permit entry of a device to measure the water level of the well.

     [St. Engineer, Drilling Wells Reg. Part 6, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.432  Mandatory plugging of well as result of noncompliance with requirements for well drilling. (NRS 534.020, 534.110, 534.140, 534.160)  If a well was:

     1.  Constructed by a person who, at the time the well was constructed, was not the holder of a well-drilling license issued pursuant to NRS 534.140; or

     2.  Not constructed or completed in compliance with the provisions of this chapter as determined by the State Engineer,

Ê the well must be plugged in the manner prescribed in NAC 534.420 at the expense of the person who constructed the well.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012)

      NAC 534.4351  Monitoring wells: Restrictions on construction. (NRS 534.020, 534.110, 534.140, 534.170)  A monitoring well must be:

     1.  Drilled only by a well driller who is licensed by the State Engineer; and

     2.  Constructed in accordance with the provisions of this chapter, except for any provision that is waived by the State Engineer.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R044-14, 10-24-2014)

      NAC 534.4353  Monitoring wells: Responsibilities of owner; permits; responsibility for plugging well located on public land; affidavit of responsibility for plugging. (NRS 534.020, 534.060, 534.110, 534.140)

     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 required to drill and collect data from a monitoring well or to use an existing well as a monitoring well.

     3.  If the well is located on public land, the person responsible for plugging the well, an agent of the person responsible or the well driller must submit to the Division a notarized affidavit, on a form prescribed by the Division, from the person who will be responsible for plugging the well upon abandonment acknowledging that responsibility. The Division will not approve a notice of intent until such an affidavit has been submitted.

     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, an environmental permit 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; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4355  Monitoring wells: Casing; prevention of contamination. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  A well driller shall install casing in a monitoring well. If polyvinyl chloride casing is used, it must comply with the standards adopted by reference pursuant to subsection 1 of NAC 534.362.

     2.  The well driller shall take the precautions necessary to prevent contamination of groundwater. The equipment used to construct a monitoring well must be decontaminated before the construction of the well is commenced.

     3.  The diameter of the casing must not exceed 4 inches in nominal size.

     4.  The connections of the casing must comply with the provisions of NAC 534.360 or 534.362. The connections must be made watertight by:

     (a) Wrapping them with teflon tape;

     (b) Placing a ring or gasket between them; or

     (c) By any other method which will not introduce contaminants into the well except gluing.

     5.  Both ends of the casing must be capped.

     6.  The perforations must be of a width and length which will allow the strata to be observed while not permitting the infiltration of the gravel pack through the casing or allowing the contaminants or water from separate strata to commingle.

     7.  To ensure adequate space for the gravel pack and seals, the borehole of a monitoring well must, for the entire length of the casing placed in the well, be not less than 4 inches larger than the diameter of the casing.

     8.  Not more than one perforated or screened section of casing may be placed in the borehole of a monitoring well.

     9.  Not more than one casing may be placed in the borehole of a monitoring well unless the vertical intervals of the borehole in between the screened sections of the casings are sealed with neat cement, cement grout or cement-bentonite grout.

     10.  Monitoring wells must be drilled an adequate distance from each other to ensure that there is no commingling of the contaminants or groundwater encountered in the wells.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4357  Monitoring wells: Placement of gravel and seals in annular space. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  If the water or vapors which are being monitored in a monitoring well are not encountered within 5 feet below the surface of the ground, the well driller shall place in the annular space of the well:

     (a) From the bottom of the well to a maximum of 2 feet above the uppermost perforation in the casing, a gravel pack which consists of quartz sand, silica or other materials which will not contaminate the groundwater or the geologic formation;

     (b) From the gravel pack placed pursuant to paragraph (a) to a minimum of 2 feet above that gravel pack or to within 20 feet below the surface of the ground, a seal consisting of bentonite chips; and

     (c) From the seal placed pursuant to paragraph (b) to the surface, a seal, with a minimum thickness of 20 feet below the surface, consisting of cement grout, neat cement or concrete grout.

     2.  If the water or vapors which are being monitored in a monitoring well are encountered within 5 feet below the surface of the ground, the well driller shall comply with the requirements of subsection 1, except that:

     (a) The gravel pack required pursuant to paragraph (a) of subsection 1 must extend only 6 inches above the uppermost perforation in the casing; and

     (b) The surface seal required pursuant to paragraph (c) of subsection 1 must be placed from 1 foot below the surface to the surface.

     3.  The well driller shall ensure that a bridge does not occur in the annular space during the placement of the gravel pack and seals required pursuant to this section.

     4.  If more than 20 continuous feet of grout are placed in the annular space of the well or if there is standing liquid in the borehole above the sealing depth, the grout must be placed by tremie pipe in an upward direction.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4359  Monitoring wells: Measures required if contaminant or contaminated water is encountered. (NRS 534.020, 534.060, 534.110, 534.140)  If a contaminant or contaminated water is encountered during the construction of a monitoring well, the strata which contain the contaminant or contaminated water must be cased and sealed in such a manner that the contaminant or contaminated water does not commingle with or impair other strata or the water contained in other strata. The well driller shall seal the strata by grouting or by using special seals or packers, if necessary, to prevent the movement of the contaminants or contaminated water in the borehole.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R068-20, 12-29-2020)

      NAC 534.4361  Monitoring wells: Surface pad; prevention of unauthorized use; additional protective measures. (NRS 534.020, 534.060, 534.110, 534.140)

     1.  Unless the area surrounding a monitoring well is paved with concrete or asphalt, a surface pad must be installed around the casing at the surface. The surface pad must:

     (a) Extend at least 1 foot laterally in all directions from the outside of the well casing; and

     (b) Be free of cracks, voids and other significant defects likely to prevent water tightness. Contacts between the base of the surface pad and the annular seal and the base and the well casing must be watertight and must not cause the failure of the well casing or annular seal.

     2.  A threaded or flanged cap or compression seal must be installed to prevent unauthorized use of the well. If the top of the well is flush with the surface and the well protector required pursuant to subsection 3 is of a type which may not be locked, the cap or seal must be of a type which may be locked.

     3.  The well must also be protected and secured by:

     (a) If it is not necessary for the well to be flush with the surface:

          (1) Setting a steel surface casing which complies with the requirements set forth in NAC 534.360 and extends not less than 5 feet below the surface pad and not less than 1 foot above the surface pad;

          (2) Fitting the top of the steel casing with a locking cap; and

          (3) Clearly marking the well as a monitoring well; or

     (b) If it is necessary for the well to be flush with the surface:

          (1) Placing a well protector capable of supporting vehicular travel which extends one-half inch above the surface pad or concrete or asphalt paving; and

          (2) Clearly marking the well as a monitoring well.

     4.  As used in this section, “surface pad” means a formation of neat cement, concrete grout or cement grout with a thickness of not less than 3 1/2 inches which is set around a monitoring well at a slope to ensure that water flows away from the well.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4363  Monitoring wells: Artesian conditions. (NRS 534.020, 534.060, 534.110, 534.140)  If an artesian condition is encountered in a monitoring well, the well driller shall ensure that the well is sealed in the manner prescribed in NAC 534.378.

     (Added to NAC by St. Engineer, eff. 12-30-97)

      NAC 534.4365  Monitoring wells: Plugging. (NRS 534.020, 534.060, 534.110)

     1.  Except as otherwise provided in this section, a monitoring well must be plugged by a licensed well driller within 30 days after monitoring is no longer required.

     2.  Except as otherwise provided in subsection 5, if an annular cement seal was not installed, the monitoring well must be plugged by breaking the casing free with appropriate equipment so that the casing may be pulled from the well.

     3.  Except as otherwise provided in subsection 5, if the casing in the monitoring well cannot be removed from the borehole, the monitoring well must be plugged by:

     (a) Placing neat cement by tremie pipe in an upward direction from the bottom of the well to the surface of the well; or

     (b) Pressure grouting.

     4.  Except as otherwise provided in subsection 5, if the casing in the monitoring well can be removed from the borehole, the bottom end of the casing in the monitoring well must be removed or perforated and neat cement must be placed by tremie pipe in an upward direction from the bottom of the well to the surface of the well as the casing is removed from the borehole. If the casing in the monitoring well does not exceed 4 inches in diameter, the casing may be used as the tremie pipe.

     5.  If a request for a waiver of the requirements in subsection 3 of NAC 534.4355 or NAC 534.4357 has been granted by the State Engineer pursuant to NAC 534.441, the well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4369  Geotechnical soil boring: Generally. (NRS 534.020, 534.060, 534.110)

     1.  A geotechnical soil boring may be drilled or plugged by a person who is not a licensed well driller.

     2.  A person who constructs or plugs a geotechnical soil boring is not required to file with the Division a notice of intent.

     3.  A geotechnical soil boring may be drilled without obtaining from the Division a permit to appropriate water or a waiver of the requirement to obtain such a permit.

     4.  A person who drills or plugs a geotechnical soil boring, the operator of the exploration project or the owner of the land where the geotechnical soil boring is located must maintain a record of the drilling operation which includes:

     (a) The dates on which the geotechnical soil boring is constructed and plugged;

     (b) The location of the geotechnical soil boring as shown by public land survey;

     (c) The depth and diameter of the geotechnical soil boring;

     (d) The depth at which groundwater is encountered in the geotechnical soil boring; and

     (e) The methods and materials used to plug the geotechnical soil boring.

     5.  The State Engineer may, at any time, require the person drilling or plugging the geotechnical soil boring, the operator of the exploration project or the owner of the land on which the geotechnical soil boring is located to submit to the State Engineer a copy of the record required pursuant to subsection 4 and any other information relating to the construction, operation or plugging of the geotechnical soil boring that the State Engineer determines is necessary.

     6.  The owner and the lessor of the land on which a geotechnical soil boring is located, the operator of the exploration project and the drilling or plugging contractor for the project shall ensure that the groundwater is uncontaminated during the drilling, operation or plugging of the geotechnical soil boring.

     7.  A geotechnical soil boring must not be used to:

     (a) Determine information related to water quality or quantity; or

     (b) Divert water for any purpose.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R068-20, 12-29-2020)

      NAC 534.4371  Geotechnical soil boring: Plugging requirements. (NRS 534.020, 534.060, 534.110)

     1.  A geotechnical soil boring must be plugged within 60 days after the date on which the drilling of the geotechnical soil boring is completed.

     2.  Except as otherwise provided in subsections 3 and 4, a geotechnical soil boring must be plugged in the manner prescribed for plugging a well in NAC 534.420 or authorized pursuant to NAC 534.422.

     3.  If there is evidence that water-draining formations (lost circulation), or water-bearing formations of different water quality or hydraulic head were encountered during the original geotechnical soil boring construction and if bentonite chips or bentonite grout is used as the plugging material, the well driller must, in addition to the requirements of this section and NAC 534.420 or 534.422, as applicable, place neat cement across the water-confining formations so that the plugging fluid penetrates the geologic formation to prevent the vertical movement of water. Any drilling casing or pipe that does not break free, and occludes the placement of neat cement across a confining formation, must be perforated so that the plugging fluid penetrates the annular space and the geologic formation in that interval.

     4.  If the water-bearing formations are unknown and any drilling casing or pipe does not break free, the well driller must plug the geotechnical soil boring in accordance with subsection 5 or 6 of NAC 534.420, as applicable, so that the plugging fluid penetrates the annular space and the geologic formation in the perforated intervals.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4373  Geotechnical soil boring: Responsibility for plugging. (NRS 534.020, 534.060, 534.110)  The owner and lessor of the land on which a geotechnical soil boring is located, the operator of the exploration project and the plugging contractor for the project are jointly and severally responsible for plugging the geotechnical soil boring pursuant to this chapter.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R068-20, 12-29-2020)

      NAC 534.4375  Geotechnical soil borings and blast holes: Artesian conditions. (NRS 534.020, 534.060, 534.110)  If an artesian condition is encountered in any geotechnical soil boring or blast hole, the artesian water strata must be contained pursuant to NRS 534.060 and NAC 534.378, and the geotechnical soil boring or blast hole must be sealed by placing concrete grout, cement grout, bentonite chips or neat cement by tremie pipe in an upward direction from the bottom of the geotechnical soil boring to the surface. The owner and lessor of the land on which a geotechnical soil boring is located, the operator of the exploration project and the drilling contractor for the project shall take the necessary steps to prevent the loss of water above or below the surface and to prevent the vertical movement of water in the borehole.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R039-12, 6-29-2012; R068-20, 12-29-2020)

      NAC 534.4376  Instrumentation geotechnical soil borings. (NRS 534.020, 534.060, 534.110)

     1.  An instrumentation geotechnical soil boring may be drilled by an unlicensed well driller.

     2.  The installation of monitoring instruments and simultaneous plugging must be:

     (a) Completed by a well driller who is licensed in this State; or

     (b) Supervised and documented by the responsible project geologist, hydrologist or engineer.

     3.  An instrumentation geotechnical soil boring must be permanently plugged at the time of completion pursuant to NAC 534.4371.

     4.  Documentation of each instrumentation geotechnical soil boring must be completed and maintained pursuant to NAC 534.4369.

     (Added to NAC by St. Engineer by R039-12, eff. 6-29-2012; A by R068-20, 12-29-2020)

WAIVERS

      NAC 534.439  Approval by State Engineer required; terms and conditions; verbal request for waiver. (NRS 534.020, 534.050, 534.110)

     1.  Except as otherwise provided in NAC 534.310, any work related to a waiver requested pursuant to NAC 534.439 to 534.450, inclusive, must not proceed until the State Engineer grants written approval of the waiver.

     2.  If a waiver is approved by the State Engineer pursuant to NAC 534.439 to 534.450, inclusive, the waiver is subject to the terms and conditions set forth in the approval of the waiver. The issuance of a waiver does not waive the requirements of any other federal or state agency or local government.

     3.  Notwithstanding the provisions of NAC 534.439 to 534.450, inclusive, in the event of a public health emergency or other exceptional circumstance, a person may verbally request a waiver from the Division. If the State Engineer approves the waiver, the application for a waiver and the fees required pursuant to NAC 534.439 to 534.450, inclusive, must be submitted to the Division within 3 business days after the approval of the waiver is granted.

     4.  As used in this section, “public health emergency or other exceptional circumstance” does not include the convenience of the applicant.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.440  Waiver to drill exploratory well to determine quality or quantity of water in designated basin. (NRS 534.020, 534.050, 534.110)

     1.  A request for a waiver to drill an exploratory well to determine the quality or quantity of water pursuant to NRS 534.050 in a designated basin must be submitted to the State Engineer in writing, accompanied by the filing fee required pursuant to NRS 533.435 and include, without limitation:

     (a) The location by public land survey and global positioning system coordinates, county assessor’s parcel number, map of the vicinity and plat map of the exploratory well anticipated to be drilled;

     (b) The name, address and telephone number of the person who:

          (1) Is collecting data from the exploratory well; and

          (2) Will be available to answer questions concerning the exploratory well;

     (c) The reason for requesting a waiver;

     (d) The proposed diameter and depth of the exploratory well;

     (e) The estimated starting and completion dates of the exploratory well;

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

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

     (h) If a waiver is requested for multiple exploratory wells, a list and the required information for all exploratory wells for which a waiver is requested on the “Additional Well Locations” form.

     2.  Each waiver for an exploratory well will bear a unique number preceded by the letter “W.” 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.  The duration of the development and testing of the flow of the exploratory well must not exceed 72 hours, unless otherwise approved in the waiver.

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

     5.  The exploratory well must be:

     (a) Plugged by the well driller in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422 within 3 days after the completion of the aquifer tests for which the well was drilled; or

     (b) Except as otherwise provided in this paragraph, completed as a well pursuant to the provisions of this chapter before the drill rig is removed from the drill site. The wellhead must be secured at the surface and water may not be used from the exploratory well until a permit to appropriate underground water is approved. If a permit to appropriate underground water is not approved at the location of the exploratory well within 1 year after the date of completion of the exploratory well, the exploratory well must be plugged in the manner prescribed in NAC 534.420 or authorized pursuant to NAC 534.422.

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

     7.  A waiver to drill an exploratory well will not be granted pursuant to this section for a well in an area in which the Division determines there is sufficient information existing concerning the aquifer for the area.

     8.  A waiver granted pursuant to this section is valid for up to 1 year after the date on which the waiver is approved and may be extended pursuant to NAC 534.4495.

     [St. Engineer, Drilling Wells Reg. Part 16, eff. 5-19-81]—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.441  Waiver to drill monitoring well or use existing well as monitoring well. (NRS 534.020, 534.050, 534.110)

     1.  A request for a waiver to drill a monitoring well or to use an existing well as a monitoring well must be submitted to the State Engineer in writing, accompanied by the filing fee required pursuant to NRS 533.435 and include, without limitation:

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

     (b) The name, address and telephone number of the owner of the land on which the monitoring well will be located;

     (c) A statement of the reason for requesting the waiver;

     (d) A proposed construction sketch of the monitoring well;

     (e) The name of the monitoring well or, if a waiver is requested for multiple monitoring wells, a list of all monitoring wells for which a waiver is requested on the “Additional Well Locations” form;

     (f) If requested or previously required, a current, updated copy of the list setting forth the numbers of the monitoring wells for which waivers have been issued previously and the disposition of those wells;

     (g) The name, address and telephone number of the person who:

          (1) Will collect data from the monitoring well; and

          (2) Will be available to answer questions concerning the monitoring well; and

     (h) If a monitoring well is or will be located on public land, a notarized affidavit, on a form prescribed by the Division, from the person who will be responsible for plugging the monitoring well upon abandonment acknowledging that responsibility.

     2.  A waiver to drill a monitoring well will bear a unique number preceded by the letters “MO.” 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 monitoring well must be completed as a well pursuant to the provisions of this chapter or the waiver before the drill rig is removed from the drill site.

     5.  Water from the monitoring 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.  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 NAC 534.4495.

     (Added to NAC by St. Engineer by R039-12, eff. 6-29-2012; A by R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4415  Waiver to drill or rehabilitate domestic well in certain areas. (NRS 534.020, 534.050, 534.110)

     1.  Except as otherwise provided in subsection 4, a person may submit a request for a waiver to drill or rehabilitate a domestic well in an area in which water service is available from an entity, including, without limitation, a public utility, water district or municipality. The request for a waiver 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 domestic well by public land survey, global positioning system coordinates and the county assessor’s parcel number;

     (b) A letter from the water purveyor stating:

          (1) Whether the property can legally and physically receive water service;

          (2) The improvements and costs associated with providing water service to the property; and

          (3) An estimated time in which water service can be provided to the property;

     (c) A letter from the drilling contractor stating:

          (1) The costs associated with drilling or rehabilitating the domestic well;

          (2) An estimated time of completion for the drilling or rehabilitation of the domestic well;

          (3) The name, address and telephone number of the owner of the land on which the domestic well is or will be located; and

          (4) The reason for requesting the waiver; and

     (d) If a waiver is requested for multiple domestic wells, a list and the required information for all domestic wells for which a waiver is requested on the “Additional Well Locations” form.

     2.  A domestic well for which a waiver has been granted pursuant to this section must be drilled or rehabilitated within 1 year after the date on which the waiver is approved.

     3.  A waiver granted pursuant to this section will bear a unique number preceded by the letters “DOM.” 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.

     4.  This section does not apply to any groundwater basin for which the State Engineer has in effect a procedure of issuing revocable permits.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.442  Waiver to use water to explore for minerals. (NRS 534.020, 534.050, 534.110)

     1.  A request for a waiver to allow a temporary use of water from an existing well to explore for minerals or to drill a well and to use the water from the well to explore for minerals must be submitted to the State Engineer in writing, accompanied by the filing fee required pursuant to NRS 533.435 and include, without limitation:

     (a) The amount of water that will be used from the well each day, which must not exceed 5 acre-feet per project;

     (b) A brief description of the manner in which the water will be put to a beneficial use;

     (c) The location of the water well by public land survey and global positioning system coordinates, county assessor’s parcel number, map of the vicinity and plat map;

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

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

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

     (g) The date the project is scheduled to be completed; and

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

     2.  A waiver granted for the temporary use of water from a well for the exploration of minerals will bear a unique number preceded by the letters “MM.” 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 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.

     5.  The water from the 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.  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 NAC 534.4495.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.444  Waiver to use water to explore for oil, gas or geothermal resources. (NRS 534.020, 534.050, 534.110)

     1.  A request for a waiver to allow the temporary use of water from an existing well to explore for oil, gas or geothermal resources, or to drill a well and use the water from the well to explore for oil, gas or geothermal resources, must be submitted to the State Engineer in writing, accompanied by the filing fee required pursuant to NRS 533.435 and include, without limitation:

     (a) The location of the proposed water well and the oil, gas or geothermal well by public land survey and global positioning system coordinates, county assessor’s parcel number, map of the vicinity and plat map;

     (b) The oil, gas or geothermal state or federal permit and lease number, name of the well and American Petroleum Institute number, if assigned;

     (c) The amount of water that will be used from the well each day, which must not exceed 5 acre-feet per well for the duration of the waiver;

     (d) The date the project is scheduled to be completed;

     (e) The name, address and telephone number of the person responsible for plugging the well, and the name, address and telephone number of the owner of the land if the owner is not the person who is responsible for plugging the well;

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

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

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

     2.  A waiver that allows the temporary use of water from a water well to explore for oil, gas or geothermal resources will bear a unique number preceded by the letters “OG.” 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 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 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 NAC 534.4495.

     5.  The water from the 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.  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 existing water rights or domestic wells.

     7.  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 NAC 534.4495.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.446  Waiver to use water for construction of highway. (NRS 534.020, 534.050, 534.110)

     1.  A request for a waiver to allow the temporary use of water from an existing well for the construction of a highway, or to drill a well and use the water from the well for the construction of a highway, 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 water well by public land survey and 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 total amount of water that will be used from the well each day;

     (d) The name, address and telephone number of the contractor responsible for plugging the well, and the name, address and telephone number of the owner of the land where the well will be located if the owner is not the person responsible for plugging the well in accordance with NAC 534.420;

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

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

     (g) The date the project is scheduled to be completed; and

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

     2.  A waiver that allows the temporary use of water from a well for the construction of a highway will bear a unique number preceded by the letter “C.” 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 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 expiration of the waiver, whichever occurs first. For the purposes of this subsection, “expiration of the waiver” means the date on which the waiver is permanently expired pursuant to subsection 5 of NAC 534.4495.

     5.  The water from the 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.  The owner of the well must keep monthly records of the amount of water pumped from each well to which the waiver applies and submit those records to the State Engineer within 15 days after the end of each calendar quarter unless otherwise specified in the waiver.

     7.  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 NAC 534.4495.

     (Added to NAC by St. Engineer, eff. 1-9-90; A 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.448  Waiver to drill well in shallow groundwater system to alleviate certain potential hazards. (NRS 534.020, 534.050, 534.110)

     1.  A request for a waiver to drill a well in a shallow groundwater system for removing water for the purpose of alleviating potential hazards to persons and property resulting from the rise of groundwater caused by secondary recharge 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 well by public land survey, county assessor’s parcel number, map of the vicinity and plat map;

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

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

     (d) A proposed construction sketch of the proposed well;

     (e) The name of the proposed well;

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

     (g) If the well will be located on public land, a notarized affidavit, on a form prescribed by the Division, from the person who will be responsible for plugging the 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 the project is scheduled to be completed; and

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

     2.  A waiver to drill a well in a shallow groundwater system for removing water for the purpose of alleviating potential hazards to persons and property resulting from the rise of groundwater caused by secondary recharge will bear a unique number preceded by the letters “DW.” 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 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 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 NAC 534.4495.

     5.  The water from the 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 existing water rights or domestic wells.

     8.  The owner of the well shall keep monthly records of the amount of water pumped from each well granted in the waiver and submit those records to the State Engineer within 15 days after the end of each calendar quarter unless otherwise specified in the waiver.

     9.  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 NAC 534.4495.

     (Added to NAC by St. Engineer, eff. 12-30-97; A by R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4485  Waiver to drill drain well in shallow groundwater system. (NRS 534.020, 534.050, 534.110)

     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 NAC 534.4495.

     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 NAC 534.4495.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.449  Waiver of requirement to plug well. (NRS 534.020, 534.050, 534.060, 534.110)

     1.  The owner of a well 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 may, for good cause shown, grant such a waiver.

     2.  A waiver granted pursuant to this section is valid for up to 1 year after the date on which the waiver is approved. The owner of the well may submit a request to extend the waiver pursuant to NAC 534.4495 or apply to make the waiver permanent.

     3.  A request for a waiver or to make a waiver permanent must:

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

     (b) Include the location of the well by public land survey and global positioning system coordinates and the county assessor’s parcel number;

     (c) 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;

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

     (e) Provide evidence that the well would be useful as a site for monitoring groundwater; and

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

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

      NAC 534.4495  Requirements for extension of waiver granted pursuant to NAC 534.440 to 534.449, inclusive. (NRS 534.020, 534.050, 534.110)

     1.  The State Engineer may, for good cause shown, grant an extension of the time in which a waiver granted pursuant to any of the provisions of NAC 534.440 to 534.449, inclusive, is valid. The State Engineer may grant any number of extensions but, except as otherwise provided in this subsection, a single extension of time must not exceed 1 year. If the applicant for an extension of a waiver demonstrates to the satisfaction of the State Engineer that the applicant has sufficient need for an extension that exceeds 1 year, the State Engineer may grant an extension of a waiver for not more than 5 years.

     2.  A request for an extension of a waiver made pursuant to this section must be:

     (a) Submitted to the State Engineer on a form prescribed by the Division within 30 days before the waiver is set to expire; and

     (b) Accompanied by proof demonstrating sufficient need for the extension of time.

     3.  A person may file a single request for an extension of time pursuant to this section for all waivers of the same type held by that person.

     4.  The State Engineer will not grant an extension of time unless the State Engineer determines that the proof submitted by the applicant demonstrates sufficient need for the extension. The failure to provide any proof is prima facie evidence that the applicant has not demonstrated sufficient need for the extension.

     5.  If a person does not file a request for an extension of time for a waiver within 30 days after the waiver expires, the State Engineer will notify the holder of the waiver that the person has 30 days from the date on which the notice was mailed to file a request for an extension of time for a waiver pursuant to this section or the waiver will be permanently expired.

     (Added to NAC by St. Engineer by R068-20, eff. 12-29-2020)

      NAC 534.450  Waiver of requirement of this chapter. (NRS 534.020, 534.050, 534.110)

     1.  The State Engineer may, for good cause shown, waive a requirement of the provisions of this chapter.

     2.  A request for a waiver of a requirement of this chapter must be made in writing to the State Engineer, accompanied by the fee required pursuant to NRS 533.435 and include, without limitation:

     (a) A detailed statement of the reason for requesting the waiver and the section of this chapter to be waived;

     (b) The location of the well by public land survey and global positioning system coordinates and the county assessor’s parcel number;

     (c) The name and address of the owner of the well;

     (d) The street address of the location of the well or, if there is no street address, a description of the location of the proposed well, including, but not limited to, common landmarks and cross-streets near the location of the well;

     (e) A description of the proposed design and a sectional drawing of the well that includes the depths to the aquifers, the locations of the screens and seals and the materials that will be used;

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

     (g) Any available data to categorize the hydraulic heads, water quality and permeability characteristics of the aquifer;

     (h) If a waiver is requested for multiple wells, a list and the required information for all wells for which a waiver is requested on the “Additional Well Locations” form; and

     (i) Any other information required pursuant to the provisions of this chapter.

     3.  After reviewing the request, the State Engineer will issue a written notice of his or her decision to the responsible party.

     4.  Each waiver will bear a unique number preceded by the letter “R.” 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.

     5.  The well driller shall ensure that the well complies with the provisions of the waiver and have a copy of the waiver in the well driller’s possession when he or she drills the well.

     6.  The water from the 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.

     [St. Engineer, Drilling Wells Reg. Part 15, eff. 5-19-81)—(NAC A 1-9-90; 12-30-97; R009-06, 6-1-2006; R039-12, 6-29-2012; R044-14, 10-24-2014; R068-20, 12-29-2020)

ENFORCEMENT

      NAC 534.500  Assessment of demerit points against license of well driller; suspension and reinstatement of license; removal of demerit points. (NRS 534.020, 534.110)

     1.  The Division shall assess demerit points against the license of a licensed well driller who is found by the State Engineer to have violated any provision of this chapter or chapter 534 of NRS pursuant to the following table:

 

Classification of Violations

Maximum

Demerits

Notice of Intent/Approval

 

Setting up a well rig or commencing drilling, plugging or rehabilitation before a notice of intent is approved by the Division as required by NAC 534.320............................................................

             50

Failing to notify the Division or obtain approval from the Division as required by NAC 534.370 if drilling is suspended or drilling equipment is moved from the drilling site before a well is completed or plugged.......................................................................

             50

Well Driller’s Report

 

Failing to furnish a copy of a Well Driller’s Report to the State Engineer as required by NRS 534.170, intentionally making a material misstatement of fact in a Well Driller’s Report submitted to the State Engineer pursuant to NRS 534.170 or intentionally making a material misstatement of fact in an amendment to a Well Driller’s Report submitted to the State Engineer pursuant to NRS 534.170.............................................................................................

             75

Submitting a Well Driller’s Report to the State Engineer pursuant to NRS 534.170 more than 30 days after a well is completed.............

             10

Submitting a Well Driller’s Report to the State Engineer pursuant to NAC 534.420 more than 30 days after a water well has been plugged.............................................................................................

             10

Licenses

 

Intentionally making a material misstatement of fact in an application for a well-drilling license.................................................................

            100

A well driller failing to have the well driller’s license card in his or her possession at a drilling site or failing to produce the license card when requested to do so by a representative of the Division as required by NAC 534.330................................................................

             10

Failing to have a licensed well driller directly supervise at a well-drilling site when a drill rig is in operation or when any activity involving the construction, rehabilitation or plugging of the well is conducted as required by NAC 534.330. (Demerit points will be assessed against the license of the principal well driller for the well-drilling company and against the license of the well driller listed on the notice of intent.).........................................................................

             50

Well construction and plugging

 

Failing to comply with any provision of this chapter which establishes standards for the construction, rehabilitation or plugging of a well, including, without limitation, improperly placing the annular seal, constructing a well with substandard well casing, using improper products or procedures during the construction, rehabilitation or plugging of a well and failing to protect against contamination......

             75

Failing to make a well accessible to measurements of the water level of the well as required by NAC 534.430.........................................

             30

Failing to prevent, control or stop the flow of water from an artesian well as required by NRS 534.060 and NAC 534.378......................

             30

Approvals

 

Failing to comply with the requirements of NRS 534.065 when drilling a replacement well...............................................................

             25

Failing to comply with any term or condition of a permit, waiver or order issued by the State Engineer concerning the drilling or plugging of a well as required by NAC 534.330, including, without limitation, the depth of the annular seal, the location of perforations and the minimum or maximum depth of the well............................

             50

Miscellaneous

 

Any other violation of any of the provisions of this chapter or chapter 534 of NRS.......................................................................................

 

 

........ To be

determined by the Division based on the severity of the violation, but not to exceed 100

 

 

     2.  The Division shall assess demerit points against the license of a well driller only:

     (a) After the State Engineer makes a finding that the well driller has violated a provision of this chapter or chapter 534 of NRS as provided in subsection 1;

     (b) After the Division gives written notice of an alleged violation to the well driller by registered or certified mail to the last known address of the well driller which specifies the provision of this chapter or chapter 534 of NRS that the well driller is alleged to have violated;

     (c) If, within 30 days after the date on which the well driller receives a notice of an alleged violation sent pursuant to paragraph (b), the well driller has failed to respond to the notice of an alleged violation or provides a response to the notice of an alleged violation that is unsatisfactory, as determined by the Division; and

     (d) After the conditions set forth in paragraphs (a), (b) and (c) are satisfied, regardless of when the violation occurred.

     3.  If a licensed well driller accumulates 169 or more demerit points, the State Engineer will, after giving notice and holding a hearing pursuant to NRS 534.160 to determine that the violations which resulted in the demerit points occurred, require the licensed well driller to comply with specified conditions imposed on his or her license or suspend or revoke the license of the well driller indefinitely.

     4.  If the State Engineer suspends or revokes the license of a well driller, the Division shall notify the well driller that his or her license is suspended or revoked, as applicable, and the well driller is prohibited from engaging in any activity for which a well-drilling license issued pursuant to NRS 534.140 is required until the license of the well driller is reinstated.

     5.  A well driller whose license has been suspended pursuant to subsection 3 may have the license reinstated if:

     (a) The well driller satisfies the requirements set forth in subsection 2 of NAC 534.293;

     (b) The State Engineer finds that the well driller is competent to engage in the practice of well drilling in the State of Nevada; and

     (c) The well driller resolves any outstanding complaints related to his or her license as a well driller to the satisfaction of the Division.

     6.  An order revoking the license pursuant to subsection 3 is final unless an action for review is filed pursuant to NRS 533.450.

     7.  The Division shall reduce the number of demerit points accumulated against the license of a well driller whose license has been suspended or revoked pursuant to subsection 3 and reinstated to zero.

     8.  Demerit points assessed against the license of a well driller may be removed by the Division as follows:

     (a) Five demerit points may be removed for each credit unit of continuing education approved by the Division and successfully completed by the well driller, as determined by the Division up to a maximum of 50 points per year. The credit units of continuing education that must be completed for the purposes of the removal of demerit points pursuant to this paragraph are in addition to those required by NAC 534.2923.

     (b) One-half of the demerit points assessed against the license of a well driller may be removed if the well driller is determined by the State Engineer to not have violated a provision of this chapter or chapter 534 of NRS for the entire year after the demerits were assessed.

     (c) Twenty demerit points may be removed if the well driller takes and passes the written examination for a license as a well driller. The Division may remove demerit points pursuant to this paragraph once every year.

     (d) All the demerit points assessed against the license of a well driller will be removed if, following the assessment of the last demerit against the license of the well driller, the well driller is not assessed any demerit points for 4 years.

     (Added to NAC by St. Engineer by R009-06, eff. 6-1-2006; A by R044-14, 10-24-2014; R068-20, 12-29-2020)