Nevada Code § 534.120

State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; revocable permits to appropriate water; revocation of revocable permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which revocable permit issued
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1. Within an area that has been designated
by the State Engineer, as provided for in this chapter, where, in the judgment
of the State Engineer, the groundwater basin is being depleted, the State
Engineer in his or her administrative capacity may make such rules, regulations
and orders as are deemed essential for the welfare of the area involved.
2. In the interest of public welfare, the
State Engineer is authorized and directed to designate preferred uses of water
within the respective areas so designated by the State Engineer and from which
the groundwater is being depleted, and in acting on applications to appropriate
groundwater, the State Engineer may designate such preferred uses in different
categories with respect to the particular areas involved within the following
limits:
(a) Domestic, municipal, quasi-municipal,
industrial, irrigation, mining and stock-watering uses; and
(b) Any uses for which a county, city, town,
public water district or public water company furnishes the water.
3. The State Engineer may only issue revocable
permits to appropriate groundwater if water cannot be furnished by a public
entity such as a water district or municipality presently engaged in furnishing
water to the inhabitants thereof. Such revocable permits can be limited as to
time and may be revoked if and when:
(a) Water can be furnished by a public entity
such as a water district or a municipality presently engaged in furnishing
water to the inhabitants thereof; and
(b) The property served is within 1,250 feet of
the water furnished pursuant to paragraph (a).
The holder
of a revocable permit that is revoked pursuant to this subsection must be given
730 days from the date of revocation to connect to the public entity furnishing
water.
4. In a basin designated pursuant to NRS 534.030 , the State Engineer may:
(a) Deny applications to appropriate groundwater
for any use in areas served by a public entity such as a water district or a
municipality presently engaged in furnishing water to the inhabitants of the
area.
(b) Limit the depth of domestic wells.
(c) Prohibit the drilling of wells for domestic
use in areas where water can be furnished by a public entity such as a water
district or a municipality presently engaged in furnishing water to the
inhabitants thereof.
(d) In connection with the approval of a parcel
map in which any parcel is proposed to be served by a domestic well, require
the dedication to a city or county or a designee of a city or county, or
require a relinquishment to the State Engineer, of any right to appropriate
water required by the State Engineer to ensure a sufficient supply of water for
each of those parcels, unless the dedication of the right to appropriate water
is required by a local ordinance.
5. In an area in which revocable permits
have been issued pursuant to subsection 3, the State Engineer:
(a) Shall:
(1) Deny any applications to appropriate
groundwater for use in areas served by a public entity such as a water district
or a municipality presently engaged in furnishing water;
(2) Limit the depth of a domestic well; or
(3) Prohibit the drilling of wells for
domestic use if a property is within 1,250 feet of a service line of a public
entity such as a water district or a municipality presently engaged in
furnishing water to the inhabitants; and
(b) May prohibit repairs from being made to a
domestic well, and may require the person proposing to deepen or repair the
domestic well to obtain water from a public entity such as a water district or
a municipality engaged in furnishing water to the inhabitants of the designated
area, only if:
(1) The distance from the property line of
any parcel served by the well to the pipes and other appurtenances of the
proposed source of water to which the property will be connected is not more
than 180 feet; and
(2) The deepening or repair of the well
would require the use of a well-drilling rig.
6. For good and sufficient reasons, the
State Engineer may exempt the provisions of this section with respect to public
housing authorities.
7. The provisions of this section do not
prohibit the State Engineer from revoking a revocable permit issued pursuant to
this section if any parcel served by a well pursuant to the revocable permit is
currently obtaining water from a public entity such as a water district or a
municipality engaged in furnishing water to the inhabitants of the area.

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