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Nevada Temporary Use of Ground Water for Exploration (4-NV-b)

The Nevada Division of Water Resources (NDWR) may grant a waiver of the general drilling requirements for good cause shown. One common form of waiver granted by NDWR is a temporary use of ground water for exploration waiver. This flowchart describes the requirements and procedure necessary for obtaining such a waiver.


Temporary Use of Ground Water for Exploration Process

4-NV-b.1 to 4-NV-b.2 - Does Developer Have a Permit to Appropriate Water Within the Groundwater Basin

If the developer has a permit to appropriate water, there is no need to obtain a temporary use of groundwater permit. The developer should continue operation under the conditions of their permit to appropriate groundwater as granted by hte Nevada Division of Water Resources.

If the project requires more than a simple temporary use of groundwater for exploration, consult the flowchart for water access and water rights issues in Nevada:

Water Access and Water Rights Issues:
19-NV-a

4-NV-b.3 - Request for Waiver for Temporary Use of Ground Water for Geothermal Exploration

A request for waiver of drilling requirements to drill a monitoring well should be submitted to the State Engineer in writing within the office of the Nevada Division of Water Resources. Written or faxed confirmation from the NDWR must be obtained before proceeding with a project.

A request for a waiver must include the following:

  1. The location of the proposed water well and the oil, gas or geothermal well by public land survey, county assessor’s parcel number, map of the vicinity and plat map;
  2. The oil, gas or geothermal state or federal permit and lease number, name of the well and American Petroleum Institute number, if assigned;
  3.  The amount of water that will be consumed from the well each day;
  4.  The date the project is scheduled to be completed;
  5.  The name, address and telephone number of the person responsible for plugging the well, and the name, address and telephone number of the owner of the land if the owner is not the person who is responsible for plugging the well;
  6.  A notarized affidavit, on a form prescribed by the NDWR, which indicates the person who will be responsible for plugging the well upon abandonment and which is signed by:
    • For the private lands, the person or an authorized employee of the company that is the owner of record of the property; or
    • For public lands, the person or authorized employee of the company that has the appropriate authorization to use the public lands;
  7.  For private lands, written authorization to access the project area from the person or an authorized employee of the company that is the owner of record of the property and for public lands, a copy of the written authorization from the appropriate agency that has granted the right to use the public lands; and
  8.  The name, address and telephone number of a person who will be available to answer questions concerning the well.

For the appropriate waiver forms and more information on waiver requests, visit the NDWR’s Well Drillers - Waiver Requests webpage.

4-NV-b.4 to 4-NV-b.5 - Review Application Materials

The State Engineer will review the waiver request materials for compliance with the provisions for installing and operating monitoring wells in NAC 534. The well must be operated and drilled according to these provisions or any provisions set forth in the waiver specifically.

4-NV-b.6 to 4-NV-b.7 - Waiver for Temporary Use of Groundwater for Geothermal Exploration

After review, the State Engineer will send the applicant written notice of the decision to grant the waiver or deny it. The waiver for temporary use of groundwater for geothermal exploration will bear a unique number preceded by the letters “OG.” A copy of the waiver must be in the possession of the well driller at the drill site at all times. NAC 534.444.

Note: The monitoring well must be completed as a well pursuant to the provisions of NAC Chapter 534 or specific provisions of the waiver before the drill rig is removed from the drill site. Additionally, water from the monitoring well may not be used for any purpose other than the purpose set forth in the waiver. NAC 534.441.




Contact Information

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Regulations

  • NAC 534.444 Waiver to use water to explore for oil, gas or geothermal resources

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Edit Nevada Division of Water Resources
Groundwater Usage and Nonpoint Source Pollution Contact
775.684.2874
msivazlian@waterabbazabbanvabbazabbagov