Truckee Meadows Water Authority (TMWA) has an excellent website that answers many questions regarding Truckee River water rights. To access this site, go Here
No. Domestic wells are the only type of water well exempt from the State Engineer’s permitting process (Nevada Revised Statutes 534.080 and 534.180). Domestic use is defined as uses associated with culinary and household purposes directly related to a single-family dwelling, including, without limitation, the watering of a family garden and lawn and the watering of livestock and any other domestic animals or household pets, if the amount of water drawn does not exceed 1,800 gallons per day.
When the subject parcel of land can be physically and legally supplied water from a public water supply.
No. Except for the provisions described in NRS 534.185 and 534.185, domestic use as defined under NRS 534.013 is very specific in that the use is limited to one single-family dwelling. Multiple dwellings are considered a quasi-municipal use and thus, require a permit. A quasi-municipal well is often times referred to as a community well.
The exception found in NRS 534.180(4) specifically allows “for an accessory dwelling unit of a single-family dwelling, as defined in an applicable local ordinance” providing the owner of the well 1) obtains approval from the local governing body; 2) installs a water meter; and 3) does not use more than 2 acre-feet of water per year from the well.
After completion of the approved permitted manner of use. If a totalizing meter was required in the permit terms, then twelve (12) consecutive months of meter readings must be submitted along with the Proof of Benefical Use.
Example 1: Permit A is permitted for quasi-municipal purposes for 4 homes and a totalizing meter is required. Twelve months after completion of all 4 homes and landscaping, the Proof of Beneficial Use may be submitted along with 12 months of meter readings.
Example 2: Permit B is permitted for the irrigation of 10 acres and a totalizing meter is required. After a crop is grown and harvested, the Proof of Beneficial Use may be submitted along with meter readings for the irrigation season during which the crop was grown.
That is a local government decision. There are counties within Nevada that allow more than one livable structure on the same parcel. You should check with the local governing body. However, if more than one structure is allowed on the same parcel, a domestic well can still only serve one dwelling and thus the number of domestic wells needed must match the number of dwellings being served. Septic tank concentration and well separation must be considered and must comply with local or state health laws.
The State Engineer may require the plugging of a domestic well drilled on or after July 1, 1981, at anytime one year after water can be furnished by a political subdivision of the State or a public utility regulated by the public utility commission of Nevada, but only if the connecting fees are less than $200 (NRS 534.180). Exceptions for designated basins are noted in NRS 534.120. However, it has been the Division's policy to not require the hook-up to a water system until such time that the domestic well requires repair work requiring the setting-up of a well rig.
Pursuant to NRS 533.4373(1), an environmental permit is required when, under order from the Division of Environmental Protection, it is required to appropriate water for treatment/clean-up and then discharge the clean water to a different source.
Yes. Every water well drilled in the state of Nevada must be drilled by a licensed well driller pursuant to NRS 534.160.
Pursuant to Nevada Administrative Code (NAC) 534.390 (these regulations), no perforations are allowed in the first 100 feet of the well and the well must have a minimum 100 foot sanitary seal where the well is within ¼ mile of a river, lake perennial stream, unlined reservoir or unlined canal. Also, there may be other seal requirements as described in the water rights permit terms or even by another agency such as public health or where poor water quality is encountered.
Yes. Permission to drill the replacement well is contingent upon the plugging of the old well. In advance of drilling a replacement well, it is important that the owner understand that the old well needs to be plugged and abandoned immediately following the drilling of the new well. In some cases, if the old well is going to be used for domestic purposes only, a waiver may be requested of this office allowing for the well to not be plugged.
A waiver is required from the division when:
In all cases, there must be an Affidavit of Intent to Abandon on file with the state engineer prior to drilling any monitor well and, it is still the licensed well driller’s responsibility to file a notice of intent card and a well log.
No. However, if the construction of the boring may cause waste or contamination of the ground water, it must be treated as a borehole pursuant to NAC 534.4369 and 534.4371.
No. However, if the construction of the boring may cause waste or contamination of the ground water, it must be treated as a borehole pursuant to NAC 534.4369 and 534.4371. Also, as long as there is no consumptive use, a water right does not need to be obtained from the state engineer. The Division of Minerals should be contacted prior to these installations however.
The state engineer’s approval of a written request is required to waive any of the regulations.
Any person who intends to construct, reconstruct or alter a dam that has a crest height 20 feet or higher, as measured from the downstream toe to the crest, or has a crest height less than 20 feet but will impound 20 acre-feet or more of movable material, must acquire a dam safety permit prior to construction. This provision does not pertain to United States Bureau of Reclamation or United States Army Corps of Engineer projects.
Any dam that doesn't meet the "20/20" criteria must still file a completed application form with the State Engineer's office prior to construction. The filing fee is not applicable unless a permit is required. The dam will still be assigned a number and tracked in our system. This information is needed so that engineers are better informed when they are out in the field and come across a structure that may or may not be a jurisdictional dam. Also, if there is a series of these dams on a stream system, the failure of one "small" dam could have a catastrophic effect on the dams in series downstream. Under unusual circumstances, a "small" dam may require a permit if so directed by the State Engineer.
A completed application form should be submitted prior to construction, however the filing fee will only be required if it is determined that a permit is necessary. The "20/20" rule applies to all structures above the natural contours. If half of a 50 acre-foot impoundment is below natural grade and the other half (25 acre-feet) is above the natural grade, a permit is required.
If the entire reservoir is below natural grade but there exists a 2 foot berm surrounding a 10 acre (surface area) pond, there is a potential to store 2 feet x 10 acres = 20 acre-feet of water, thus requiring a permit.
Pursuant to NRS 533.435, only privately owned nonagricultural dams which store more than 50 acre-feet of moveable material are charged an annual fee. The storage fee is $100 plus $1 per acre-foot storage capacity. The annual storage fee request letters are sent out in September or October. Tailings facilities are considered to impound moveable material, thus will be charged an annual storage fee if greater than 50 acre-feet. For dams that are constructed in raises, i.e. tailing facilities, the storage fee is based on the impoundment as approved by the most recent issuance of an authorization to impound.
Absolutely. Every high hazard structure should be inspected annually and followed up with a letter of findings and recommendations to the owner. If you're a high hazard dam owner, you should be getting information annually concerning the inspection. Significant hazard dams should be inspected every three years and low hazard dams every five years. If you are an owner of a dam in one of these three categories and haven't received a letter documenting a dam inspection and would like to have your dam inspected by the State, just call or write the Division of Water Resources at the following address:
Division of Water Resources
901 S. Stewart St., Suite 2002
Carson City, NV 89071-5250