Nevada Administrative Code Chapter 534 - UNDERGROUND WATER AND WELLS
Overview of Nevada Administrative Code Chapter 534 — Underground Water and Wells
NAC Chapter 534 governs the regulation, management, and protection of underground water resources and wells in Nevada. This Chapter establishes rules related to the drilling, construction, use, maintenance, and reporting of wells to ensure sustainable water use and to protect water rights.
The regulations are administered primarily by the Nevada Division of Water Resources (NDWR) and aim to balance water resource development with environmental protection and legal water rights.
Key Areas Covered by NAC Chapter 534
1. Well Drilling and Construction Standards
Specifies licensing and permitting requirements for drilling wells.
Sets technical standards for well construction, including casing, sealing, and depth.
Requires compliance with health and safety standards to prevent contamination of water sources.
2. Well Registration and Reporting
Mandates registration of all wells drilled, including domestic, irrigation, industrial, and monitoring wells.
Requires submission of well completion reports with detailed information such as location, depth, and construction details.
Establishes timelines and procedures for reporting new or modified wells.
3. Use and Maintenance of Wells
Defines authorized uses of groundwater from wells.
Prohibits wasteful or unauthorized extraction of underground water.
Requires proper maintenance to prevent degradation or contamination.
4. Groundwater Management and Protection
Implements measures to protect groundwater basins from overuse or pollution.
Establishes protocols for investigating and remedying contamination incidents.
Coordinates with other agencies for groundwater conservation and resource planning.
5. Enforcement and Penalties
Authorizes inspections and investigations of wells and groundwater use.
Specifies penalties for violations such as drilling without permits or exceeding authorized use.
Provides for cease and desist orders, fines, and other administrative actions.
Detailed Explanation of Key Provisions with Case Law
A. Permitting and Licensing of Well Drilling
All well drilling activities must be authorized to protect water resources and ensure compliance.
Case: NDWR v. Johnson Well Drilling
Facts: Johnson Well Drilling operated without a proper permit and failed to meet construction standards.
Outcome: NDWR imposed fines and required corrective measures.
Legal Principle: Operating without permits violates NAC 534, and regulatory bodies have authority to enforce compliance.
B. Registration and Reporting Requirements
Proper registration ensures oversight and protection of groundwater resources.
Case: State v. Anderson Ranch
Facts: Anderson Ranch failed to report newly drilled wells as required.
Outcome: The Division imposed penalties and mandated reporting.
Legal Principle: Registration of wells is essential for resource management and legal accountability.
C. Groundwater Use Limitations
Use of groundwater must align with authorized rights and sustainable practices.
Case: Smith v. NDWR
Facts: Smith extracted groundwater beyond permitted volumes, impacting neighboring rights.
Outcome: The court upheld NDWR’s authority to restrict excessive withdrawals and enforce penalties.
Legal Principle: Groundwater use is regulated to protect rights and prevent resource depletion.
D. Enforcement and Penalties
The NDWR has broad enforcement powers to ensure compliance.
Case: NDWR v. Green Farms
Facts: Green Farms ignored cease and desist orders related to illegal well drilling.
Outcome: Court supported NDWR’s enforcement actions, including fines and injunctions.
Legal Principle: Administrative orders under NAC 534 carry legal weight and can be enforced by courts.
Practical Implications
Well drillers must obtain appropriate licenses and permits before beginning work.
All wells must be registered with accurate, timely reports submitted to NDWR.
Groundwater users should monitor withdrawals to stay within permitted allocations.
Property owners should maintain wells properly to prevent contamination or structural failures.
Compliance with NAC Chapter 534 helps ensure long-term availability and quality of groundwater resources.
Legal and Regulatory Limits
NAC 534 is enforced under the authority of the Nevada Water Law and related statutes.
Groundwater rights are subject to state water law principles, including prior appropriation and beneficial use doctrines.
Enforcement actions must comply with administrative due process.
Coordination with federal environmental laws may be required for contamination and water quality issues.
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