Nevada § 534.120 - State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; temporary permits to appropriate water; revocation of temporary permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which temporary permit issued

§ 534.120. State Engineer authorized to make rules, regulations and orders when groundwater is being depleted in designated area; preferred uses of water; temporary permits to appropriate water; revocation of temporary permits; restrictions placed on appropriations of groundwater and certain domestic wells in area in which temporary permit issued

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 temporary 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 temporary 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 temporary 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 have been issued temporary permits 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 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; 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 temporary permit issued pursuant to this section if any parcel served by a well

pursuant to the temporary 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.