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Nevada Drinking Water Permit (6-NV-c)

According to NRS 445A, the Nevada Division of Water Resources is charged with the administration of drinking water permits. The regulations further provide the following definitions:
  1. Nontransient water system = serves 25 people for more than 6 months per year. NRS 445A.829.
  2. Transient water system = does not serve more than 25 persons for more than 6 months per year NRS 445A.848.
Depending on the type of water needed at the geothermal project site, the drinking water permit requirements will be vastly different. In fact, “An operator of a transient water system is not required to obtain a certificate to operate a noncommunity water system if the system is designated by the Division as being supplied by groundwater that is not under the direct influence of surface water.” NRS 445A.875.2.

Drinking Water Permit Process

6-NV-c.1 - Request Conference with NDEP (Optional)

The developer is encouraged to request a conference with NDEP before beginning the permitting process. This can help alleviate some of the confusion in which facilities require a permit and the documentation that must be provided to the Nevada Division of Water Resources.

Before filing an application, the owner of a water system may request a conference with Nevada Division of Water Resources where members of the local governing body, employees of the Public Utilities Commission of Nevada and the State Engineer may also attend NAC 445A.603.2.

6-NV-c.2 - Application for Permit to Operate Water System, Fee, and Necessary Plans

No person may operate a water system unless they have a valid permit to operate as required by NAC 445A.602. The application for permit and submission requirements are governed by NAC 445A.604-606.

The developer should submit four copies of a completed application form. The form can be found in word format on the New Public water Systems wepbage. The application should also include:

  1. an application fee of $500
  2. the financial information required by NAC 445A.605.
  3. evidence that the conditions prescribed by subsections 1 and 4 of NRS 445A.895 have been met
  4. names, addresses and qualifications of each person or entity who will be responsible for the operation, maintenance or management of the water system
  5. a description of any governing board of the water system
  6. a plan for the operation, maintenance and management of the water system
  7. a plan for a sanitary survey to evaluate past and present sources of pollution which might affect the quality of the water system’s source of water, including sanitary sewage, landfills, salt storage and commercial or industrial facilities which might affect the quality of the water system’s source of water
  8. a plan for action and proper notification of authorities in the event of a hurricane, typhoon, tornado, storm, flood, high water, wind-driven water, earthquake, volcanic eruption, landslide, mud slide, snowstorm, drought, fire, explosion, electrical outage, attack, sabotage or toxic spill or other spill that could pose a health hazard
  9. information from the State Engineer regarding water rights affecting the water system, the status of such water rights and the source of the water.

Additional financial information which is required for a complete application is set-out in NAC 445A.605. The developer must include all of the information for the application to be considered complete by NDEP.

6-NV-c.3 - Request Comments from Nev. PUC, State Engineer, and Local Governing Body

Once the application is received by NDEP, a copy of each application will be submitted to the Public Utilities Commission of Nevada, the State Engineer and the local governing body. NAC 445A.606.1(a). The purpose of this notification is to request comments regarding the application for these interested governmental entities. The NDEP must consider all written comments within 30 calendar days after the NPUC or State Engineer receive the application. Local governing bodies are given 60 calendar days to review and respond to applications.

6-NV-c.4 to 6-NV-c.5 - Does the Permit Comply with Conditions in NAC 445A

The permit will not be granted if the local governing body submits a resolution or other written documentation sufficiently demonstrating that they assume responsibilities and duties for providing water service to the propose project under NRS 445A.895. See NAC 445A.608.

The NDEP will not issue a permit unless:

  1. the fee for an annual permit to operate a public water system has been fully paid, and
  2. the fee for review of an application to construct, modify or expand a public water system has been paid

Further, the NDEP must certify that the permit complies with all the substantive provisions of NAC 445A.610 before issuing the permit.

6-NV-c.6 - Notification of any Modification, Limitation, or Denial of Permit

NDEP can limit or condition a permit upon notification to the applicant in writing of any limitations or conditions placed on the owner or operator. A copy of this notice must be attached to the permit and recorded as public record. NAC 445A.611.

NDEP may also deny, modify, suspend or revoke any permit for reasons set forth in NAC 445A.612.

6-NV-c.7 - Permit to Operate Transient Water System

The developer should conduct all operations of their water system within the purview of their issued permit.

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