NRS 534.065 Replacement well: Application to change place of diversion not required in certain circumstances; notice.

328 words·~1 min read·/nv/chapter-534-underground-water-and-wells/534-065·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If a person is seeking to sink or bore a replacement well to divert groundwater already appropriated and:

(a)The original site of the well and the site of the replacement well are on public lands or on property owned by the same person for whom the groundwater has already been appropriated; and

(b)The site of the replacement well is located not more than 300 feet from the original place of diversion described on the permit to appropriate water,

Ê the person is not required to file an application to change the place of diversion pursuant to NRS 533.345 .

2. If a change to the site of a replacement well meets the requirements of subsection 1, the site of the replacement well must be located anywhere on public lands or on the property of the person who holds the permit to appropriate water that is not more than 300 feet from the original place of diversion described on the permit to appropriate water.

3. The person who holds the permit to appropriate water must:

(a)Record the site of the replacement well in the office of the county recorder of each county in which the water is applied to beneficial use and in each county in which the water is diverted from its natural source; and

(b)Inform the State Engineer of the site of the replacement well.

Ê Compliance with the provisions of this subsection shall be deemed to impart notice of the site of the replacement well to all persons.

4. If a person is seeking to sink or bore a replacement well on public lands, the person must notify any relevant federal agency that is charged with administering such public lands and comply with all applicable federal laws.

5. As used in this section, “public lands” has the meaning ascribed to it in NRS 408.078 .