Nevada Administrative Code

NAC 534B.125 Requirements for plugging; exception if application for permit for exploration well is filed; filing and posting of plugging reports. (NRS 534B.120) 1. A dissolved mineral resource exploration borehole must be plugged by a well driller not later than 60 days after th…

NAC 534B.130 Requirements if artesian condition encountered in borehole. (NRS 534B.120) If an artesian condition is encountered in any dissolved mineral resource exploration borehole such that water is flowing at the surface: 1. The artesian water strata must be contained pursuan…

NAC 534B.140 Application for permit to drill; surety or bond; fee; duties of Division relating to applications and issuance of permits. (NRS 534B.080, 534B.100, 534B.120) 1. An application for a permit to drill a dissolved mineral resource exploration well must be on a form, desi…

NAC 534B.145 Limitations on location of well; application for exception. (NRS 534B.120) 1. Except as otherwise provided in subsection 3, a dissolved mineral resource exploration well may not be drilled within: (a) One hundred feet of: (1) The boundary of any land that is not unde…

NAC 534B.150 Expiration of permit; application for extension for good cause. (NRS 534B.080, 534B.090, 534B.120) 1. A permit to drill a dissolved mineral resource exploration well expires 2 years after the date on which it was issued. If requested in writing by the operator, on a …

NAC 534B.155 Assignment of permit to drill. (NRS 534B.120) A permit to drill a dissolved mineral resource exploration well may be assigned, subject to the conditions of the permit, upon the written approval of the Administrator. (Added to NAC by Comm’n on Mineral Resources by R10…

NAC 534B.160 Duties of well driller; standards for construction of well. (NRS 534B.120) 1. When drilling a dissolved mineral resource exploration well, a well driller shall: (a) Isolate zones of varying water quality to prevent the migration of fluids between aquifers; (b) Preven…

NAC 534B.165 Prevention of blowout; testing of blowout prevention equipment; recording of results in well log; submission of test data and supporting information to Division. (NRS 534B.120) 1. The operator shall ensure that blowout prevention equipment is installed on any dissolv…

NAC 534B.170 Requirements if artesian condition encountered in well. (NRS 534B.120) 1. If an artesian condition is encountered in a dissolved mineral resource exploration well such that water is flowing at the surface, the well driller shall ensure that an unperforated casing ext…

NAC 534B.175 Quarterly reports required of operator; record reports required of well driller; posting of reports on Internet website of Division. (NRS 534B.120) 1. The operator of a dissolved mineral resource exploration well shall: (a) Install a water meter capable of measuring …

NAC 534B.180 Plugging: Requirements; casing strings to be cut off and capped; restoration of land; submission of alternative plugging plan to Division; filing and posting of plugging report. (NRS 534B.120) 1. A dissolved mineral resource exploration well must be plugged by a well…

NAC 534B.500 Modification, suspension or revocation of permit; grounds for action for enforcement; penalty. (NRS 534B.120, 534B.130) 1. A permit to drill a dissolved mineral resource exploration well may be modified, suspended or revoked in whole or in part for any violation of t…

NAC 534B.510 Public hearing on application for permit to drill; notice; request for continuance; additional notice required. (NRS 534B.080, 534B.090, 534B.120) 1. If the Administrator determines that a public hearing is necessary for a full understanding of an application for a p…

NAC 534B.515 Maintenance of docket and file for hearings; assignment of docket number. (NRS 534B.080, 534B.090, 534B.120) The Administrator shall maintain a docket for a hearing held pursuant to NAC 534B.510. All hearings must be docketed with any application relating to the hear…

NAC 534B.520 Hearings informal; filing of opposition to application for permit to drill. (NRS 534B.080, 534B.090, 534B.120) 1. A hearing held pursuant to NAC 534B.510 must be conducted informally and may conform to the practice in civil cases to the extent such practice is consis…

NAC 534B.525 Order of proceedings. (NRS 534B.080, 534B.090, 534B.120) 1. A hearing held pursuant to NAC 534B.510 must be opened with a statement of the issues to be heard and by recognizing the parties to the hearing. 2. The applicant must be heard first at the hearing unless the…

NAC 534B.530 Record of proceedings at hearings; cost of transcribing and reporting. (NRS 534B.080, 534B.090, 534B.120) A record of a hearing held pursuant to NAC 534B.510 must be made by a certified court reporter, or in the absence of a certified court reporter, by a person sele…

NAC 534B.540 Declaratory order or advisory opinion. (NRS 233B.120, 534B.120) 1. Any person may petition the Commission in writing for a declaratory order or an advisory opinion on the applicability of any statutory provision, regulation or decision of the Administrator, the Divis…

NAC 534B.545 Petition for adoption, filing, amendment or repeal of permanent regulation; final decision. (NRS 233B.100, 534B.120) 1. Pursuant to NRS 233B.100, any interested person may submit a petition to the Commission for the adoption, filing, amendment or repeal of a permanen…

NAC 535.010 Definitions. (NRS 532.120) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 535.015 to 535.100, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003;…

NAC 535.015 “Alters” or “alteration” defined. (NRS 532.120) “Alters” or “alteration” includes breaching, decommissioning, modifying, raising and removing. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.020 “Applicant” defined. (NRS 532.120) “Applicant” means a person who files an application for approval of plans for a dam. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.025 “Application for approval of plans for a dam” defined. (NRS 532.120) “Application for approval of plans for a dam” means an application submitted pursuant to paragraph (b) of subsection 2 of NRS 535.010 for approval of plans and specifications for a new dam or for the…

NAC 535.027 “Breach” defined. (NRS 532.120) “Breach” means a discontinuity, whether intentional or accidental, in a dam that allows impounded water to escape in an uncontrolled manner. (Added to NAC by St. Engineer by R054-14, eff. 10-24-2014)

NAC 535.030 “Capacity” defined. (NRS 532.120) “Capacity” means the maximum volume of water, expressed in acre-feet, that a dam is physically capable of impounding without overtopping. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.035 “Closure” defined. (NRS 532.120) “Closure” means the permanent revocation by the State Engineer of permission to construct, maintain or operate a dam or to impound water behind a dam. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.040 “Dam” defined. (NRS 532.120) “Dam” means any structure that stores or diverts water for a beneficial purpose. The term includes a dam that is proposed. The term does not include a levee or road embankment that is: 1. Designed as a levee or floodwall intended to constr…

NAC 535.045 “Decommission” defined. (NRS 532.120) “Decommission” means to physically render a dam incapable of impounding any significant quantity of water. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.047 “Failure of the dam” defined. (NRS 532.120) “Failure of the dam” means any damage to a dam or its appurtenances such that any impounded water may no longer be detained or released in a controlled manner. (Added to NAC by St. Engineer by R054-14, eff. 10-24-2014)

NAC 535.050 “Impounding” defined. (NRS 532.120) “Impounding” includes any detention of water without regard to the duration of the detention. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.055 “Inflow design flood” defined. (NRS 532.120) “Inflow design flood” means a hypothetical flood of a given magnitude that is used to determine the design of a dam and its related hydraulic features. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.057 “Lifeline” defined. (NRS 532.120) “Lifeline” includes, without limitation: 1. A road that is the sole means of access to a community; 2. A major trunk or transmission line for gas or electricity, the disruption of which could pose significant risks to the public healt…

NAC 535.060 “Maximum conservation elevation” defined. (NRS 532.120) “Maximum conservation elevation” means that elevation to which water is approved to be stored pursuant to the approval to impound. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.065 “Maximum credible earthquake” defined. (NRS 532.120) “Maximum credible earthquake” means a hypothetical earthquake of a magnitude determined by the United States Geological Survey as the worst-case scenario that is reasonably possible for the region in which a dam is …

NAC 535.070 “Operator” defined. (NRS 532.120) “Operator” means a person, including an owner or his or her designee, who controls the day-to-day operations of a dam. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.075 “Owner” defined. (NRS 532.120) “Owner” means a person, including a governmental agency or quasi-governmental agency, that: 1. Causes a dam to be built, rebuilt or modified; 2. Owns or controls real property on which a dam is constructed; 3. Owns or controls real prope…

NAC 535.080 “Probable maximum flood” defined. (NRS 532.120) “Probable maximum flood” means a hypothetical flood whose magnitude is: 1. The largest that could be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possib…

NAC 535.085 “Professional engineer” defined. (NRS 532.120) “Professional engineer” has the meaning ascribed to it in NRS 625.060. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.090 “State Engineer” defined. (NRS 532.120) “State Engineer” has the meaning ascribed to it in NRS 533.015. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.095 “Water” defined. (NRS 532.120) “Water” includes any potentially mobile fluid or semifluid substance that is capable of being impounded by a dam, including, without limitation, tailings, slimes, organic waste and sewage. (Added to NAC by St. Engineer by R124-02, eff. 5…

NAC 535.100 “Water right” defined. (NRS 532.120) “Water right” means a valid appropriation of the public waters of this state pursuant to chapters 533 and 534 of NRS. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.110 Expression of “elevation.” (NRS 532.120) For the purposes of this chapter, each “elevation” must be expressed as a deviation from a point included in the North American Vertical Datum of 1988. (Added to NAC by St. Engineer by R124-02, eff. 5-30-2003)

NAC 535.120 Height, crest and toe of dam. (NRS 532.120) For the purposes of this chapter: 1. The height of a dam is the maximum difference in elevation between the crest and the toe of the dam. 2. The crest of a dam is the nominal top horizontal surface of the dam excluding raili…

NAC 535.130 Determination of size of dam. (NRS 532.120) For the purposes of this chapter, a dam is: 1. Small if it is less than 20 feet in height and impounds less than 100 acre-feet of water. 2. Medium if it is neither small nor large. 3. Large if it is 50 feet or more in height…

NAC 535.140 Hazard classifications. (NRS 532.120, 535.030, 535.040) 1. The State Engineer will assign a hazard classification to each dam. 2. The State Engineer will determine the immediate consequences to persons and property located downstream from the dam in the event of a fai…

NAC 535.200 Notice to State Engineer before construction, reconstruction or alteration of dam. (NRS 532.120, 535.010) 1. A person who is required, pursuant to NRS 535.010, to notify the State Engineer before he or she constructs, reconstructs or alters a dam must submit to the St…

NAC 535.210 Submission of application for approval of plans for dam. (NRS 532.120, 533.435, 535.010) 1. Except as otherwise provided in NAC 535.220, a person who is required by NRS 535.010 to file an application for approval of plans for a dam must submit to the State Engineer in…