NRS534.030. Administration by State Engineer: Petition by appropriators in basin; hearing in absence of petition; certain artesian water, underground aquifers and percolating water; advisory services of governing bodies of water districts and water conservation boards.

      1.  Upon receipt by the State Engineer of a petition requesting the State Engineer to administer the provisions of this chapter as relating to designated areas, signed by not less than 40 percent of the appropriators of record in the Office of the State Engineer, in any particular basin or portion therein, the State Engineer shall:

      (a) Cause to be made the necessary investigations to determine if such administration would be justified.

      (b) If the findings of the State Engineer are affirmative, designate the area by basin, or portion therein, and make an official order describing the boundaries by legal subdivision as nearly as possible.

      (c) Proceed with the administration of this chapter.

      2.  In the absence of such a petition from the owners of wells in a groundwater basin which the State Engineer considers to be in need of administration, the State Engineer shall hold a public hearing:

      (a) If adequate facilities to hold a hearing are available within the basin; or

      (b) If such facilities are unavailable, hold the hearing within the county where the basin lies or within the county, where the major portion of the basin lies,

Ê to take testimony from those owners to determine whether administration of that basin is justified. If the basin is found, after due investigation, to be in need of administration the State Engineer may enter an order in the same manner as if a petition, as described in subsection 1, had been received.

      3.  The order of the State Engineer may be reviewed by the district court of the county pursuant to NRS 533.450.

      4.  The State Engineer shall supervise all wells tapping artesian water or water in definable underground aquifers drilled after March 22, 1913, and all wells tapping percolating water drilled subsequent to March 25, 1939, except those wells for domestic purposes for which a permit is not required.

      5.  Within any groundwater basin which has been designated or which may hereafter be so designated by the State Engineer, except groundwater basins subject to the provisions of NRS 534.035, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for groundwater conservation purposes, the State Engineer, in the administration of the groundwater law, shall avail himself or herself of the services of the governing body of the water district or the water conservation board, or both of them, in an advisory capacity. The governing body or water board shall furnish such advice and assistance to the State Engineer as is necessary for the purpose of the conservation of groundwater within the areas affected. The services of the governing body or water conservation board must be without compensation from the State, and the services so rendered must be upon reasonable agreements effected with and by the State Engineer.

      [4:178:1939; A 1947, 52; 1949, 128; 1953, 188]—(NRS A 1957, 715; 1961, 489; 1967, 1052; 1981, 916, 1841; 1983, 534)