Nevada Code § 534.030

Administration by State Engineer: Petition by appropriators in basin; hearing in absence of petition; certain artesian water, underground aquifers and percolating water; advisory services of governing bodies of water districts and water conservation boards
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1. Upon receipt by the State Engineer of a
petition requesting the State Engineer to administer the provisions of this
chapter as relating to designated areas, signed by not less than 40 percent of
the appropriators of record in the Office of the State Engineer, in any
particular basin or portion therein, the State Engineer shall:
(a) Cause to be made the necessary investigations
to determine if such administration would be justified.
(b) If the findings of the State Engineer are
affirmative, designate the area by basin, or portion therein, and make an
official order describing the boundaries by legal subdivision as nearly as
possible.
(c) Proceed with the administration of this
chapter.
2. In the absence of such a petition from
the owners of wells in a groundwater basin which the State Engineer considers
to be in need of administration, the State Engineer shall hold a public
hearing:
(a) If adequate facilities to hold a hearing are
available within the basin; or
(b) If such facilities are unavailable, hold the
hearing within the county where the basin lies or within the county, where the
major portion of the basin lies,
to take
testimony from those owners to determine whether administration of that basin
is justified. If the basin is found, after due investigation, to be in need of
administration the State Engineer may enter an order in the same manner as if a
petition, as described in subsection 1, had been received.
3. The order of the State Engineer may be
reviewed by the district court of the county pursuant to NRS 533.450 .
4. The State Engineer shall supervise all
wells tapping artesian water or water in definable underground aquifers drilled
after March 22, 1913, and all wells tapping percolating water drilled
subsequent to March 25, 1939, except those wells for domestic purposes for
which a permit is not required.
5. Within any groundwater basin which has
been designated or which may hereafter be so designated by the State Engineer,
except groundwater basins subject to the provisions of NRS 534.035 , and wherein a water
conservation board has been created and established or wherein a water district
has been created and established by law to furnish water to an area or areas
within the basin or for groundwater conservation purposes, the State Engineer,
in the administration of the groundwater law, shall avail himself or herself of
the services of the governing body of the water district or the water
conservation board, or both of them, in an advisory capacity. The governing
body or water board shall furnish such advice and assistance to the State
Engineer as is necessary for the purpose of the conservation of groundwater
within the areas affected. The services of the governing body or water
conservation board must be without compensation from the State, and the
services so rendered must be upon reasonable agreements effected with and by
the State Engineer.

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