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Nevada Monitoring Well Waiver (4-NV-c)

Monitoring Well Waiver Process

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 monitoring well waiver. This flowchart describes the requirements and procedure necessary for obtaining such a waiver.

Note: a “monitoring well” is defined as “any well that is constructed to evaluate, observe or determine the quality, quantity, temperature, pressure or other characteristic of groundwater or an aquifer. The term includes an observation well, piezometer, drive point well or vapor extraction well. The term does not include an instrumentation borehole that is plugged and sealed and is not open to the atmosphere upon completion.” NAC 534.148.

4-NV-c.1 - Request for Waiver to Dirll a Monitoring Well, Location and Site Map

A request for waiver of drilling requirements to drill a monitoring well should be submitted to the Nevada Division of Water Resources. The NDWR will accept faxed waivers, but a hard copy should be submitted to the officer as soon as possible (no more than 5 days after the fax copy is received). Written or faxed confirmation from the NDWR must be obtained before proceeding with a project.

A monitoring well waiver requires including the following information in the request:

  1. Name and address of property owner as it appears on County Records.
  2. Assessors Parcel number(s) of property where well(s) are to be drilled.
  3. Legal description of property and street address if available.
  4. Number of wells requesting to be drilled.
  5. Description of well construction.
  6. A brief description of why the wells are needed, i.e. what are you monitoring, what do you expect to encounter?
  7. Proposed project completion date.
  8. Affidavit of Intent to Abandon and Other Forms

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

4-NV-c-2 - Notarized Affidavit of Intent to Abandon a Monitoring Well

The applicant must also include a notarized affidavit, on the NWDR Affidavit to Abandon Monitoring Wells form. This form provides a person responsible for plugging the well upon abandonment.

The form should be signed by:

  • for private lands: the person or authorized employee of the company who is the owner or 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

4-NV-c-3 - Review Waiver Request Materials

The State Engineer will review the waiver request materials for compliance with the provisions for installing and operating monitoring wells in NAC 534.4351 to .4365, inclusive. The well must be operated and drilled according to these provisions or any provisions set forth in the waiver specifically.

4-NV-c-4 - Written Notice of Waiver Decision Sent to the Applicant

After review, the State Engineer will send the applicant written notice of the decision to grant the waiver or deny it. The waiver to drill a monitoring well will bear a unique number preceded by the letters “MO.” A copy of the waiver must be in the possession of the well driller at the drill site at all times. NAC 534.441.

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.

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