Nevada Code § 534.110

Rules and regulations of State Engineer; statements and pumping tests; conditions of appropriation; designation of critical management areas; restrictions; limit to restrictions on domestic wells
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1. The State Engineer shall administer
this chapter and shall prescribe all necessary regulations within the terms of
this chapter for its administration.
2. The State Engineer may:
(a) Require periodical statements of water
elevations, water used, and acreage on which water was used from all holders of
permits and claimants of vested rights.
(b) Upon his or her own initiation, conduct
pumping tests to determine if overpumping is indicated, to determine the
specific yield of the aquifers and to determine permeability characteristics.
3. The State Engineer shall determine
whether there is unappropriated water in the area affected and may issue
permits only if the determination is affirmative. The State Engineer may
require each applicant to whom a permit is issued for a well:
(a) For municipal, quasi-municipal or industrial
use; and
(b) Whose reasonably expected rate of diversion
is one-half cubic foot per second or more,
to report
periodically to the State Engineer concerning the effect of that well on other
previously existing wells that are located within 2,500 feet of the well.
4. It is a condition of each appropriation
of groundwater acquired under this chapter that the right of the appropriator
relates to a specific quantity of water and that the right must allow for a
reasonable lowering of the static water level at the appropriators point of
diversion. In determining a reasonable lowering of the static water level in a
particular area, the State Engineer shall consider the economics of pumping
water for the general type of crops growing and may also consider the effect of
using water on the economy of the area in general.
5. This section does not prevent the
granting of permits to applicants later in time on the ground that the
diversions under the proposed later appropriations may cause the water level to
be lowered at the point of diversion of a prior appropriator, so long as any
protectable interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of
existing appropriations can be satisfied under such express conditions. At the
time a permit is granted for a well:
(a) For municipal, quasi-municipal or industrial
use; and
(b) Whose reasonably expected rate of diversion
is one-half cubic foot per second or more,
the State
Engineer shall include as a condition of the permit that pumping water pursuant
to the permit may be limited or prohibited to prevent any unreasonable adverse
effects on an existing domestic well located within 2,500 feet of the well,
unless the holder of the permit and the owner of the domestic well have agreed
to alternative measures that mitigate those adverse effects.
6. Except as otherwise provided in
subsection 7, the State Engineer shall conduct investigations in any basin or
portion thereof where it appears that the average annual replenishment to the
groundwater supply may not be adequate for the needs of all permittees and all
vested-right claimants, and if the findings of the State Engineer so indicate,
except as otherwise provided in subsection 9, the State Engineer may order that
withdrawals, including, without limitation, withdrawals from domestic wells, be
restricted to conform to priority rights until the water level of the basin is
stabilized.
7. The State Engineer:
(a) May designate as a critical management area
any basin in which withdrawals of groundwater consistently exceed the perennial
yield of the basin.
(b) Shall designate as a critical management area
any basin in which withdrawals of groundwater consistently exceed the perennial
yield of the basin upon receipt of a petition for such a designation which is
signed by the holders of certificates or permits to appropriate water in the
basin that are on file in the Office of the State Engineer who represent a
majority of groundwater permitted or certificated for use in the basin.
The
designation of a basin as a critical management area pursuant to this
subsection may be appealed pursuant to NRS
533.450 . If a basin has been designated as a critical management area for
10 consecutive years, except as otherwise provided in subsection 9, the State
Engineer shall order that withdrawals, including, without limitation,
withdrawals from domestic wells, be restricted in that basin to conform to
priority rights until the water level of the basin is stabilized, unless a
groundwater management plan has been approved for the basin pursuant to NRS 534.037 .
8. In any basin or portion thereof in the
State designated by the State Engineer, the State Engineer may restrict
drilling of wells in any portion thereof if the State Engineer determines that
additional wells would cause an undue interference with existing wells. Any
order or decision of the State Engineer so restricting drilling of such wells
may be reviewed by the district court of the county pursuant to NRS 533.450 .
9. If a court of competent jurisdiction
orders the State Engineer to restrict withdrawals to conform to priority rights
or if pursuant to subsection 6 or 7 or subsection 8 of NRS 534.037 the State Engineer orders that
withdrawals be restricted to conform to priority rights, the State Engineer
must limit the restriction of withdrawals from a domestic well to allow a
domestic well to continue to withdraw 0.5 acre-feet of water per year, which
must be recorded by a water meter.

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