1. Any person desiring to operate a project must first make an application to, and obtain from, the State Engineer a permit to operate such a project.

2. The State Engineer shall, upon application, issue a permit to operate a project if the State Engineer determines that:

(a) The applicant has the technical and financial capability to construct and operate a project.

(b) The applicant has a right to use the proposed source of water for recharge pursuant to an approved appropriation consistent with this chapter and chapter 533 of NRS. Any determination made by the State Engineer for purposes of this paragraph is not binding in any other proceeding.

(c) The project is hydrologically feasible.

(d) If the project is in an area of active management, the project is consistent with the program of augmentation for that area.

(e) The project will not cause harm to users of land or other water within the area of hydrologic effect of the project.

3. The holder of a permit may apply to the State Engineer for approval to assign the permit to another person. The State Engineer must approve the assignment if the person to whom the permit is to be assigned will meet the requirements of paragraphs (a) and (b) of subsection 2 when the assignment is completed.

4. A permit for a project must include:

(a) The name and mailing address of the person to whom the permit is issued.

(b) The name of the area of active management, groundwater basin or groundwater sub-basin, as applicable, in which the project will be located.

(c) The capacity and plan of operation of the project.

(d) Any monitoring program required pursuant to subsection 5.

(e) Any conditions which are imposed pursuant to this chapter or any regulation adopted pursuant thereto.

(f) Any other information which the State Engineer deems necessary to include.

5. The State Engineer shall require the holder of a permit to monitor the operation of the project and the effect of the project on users of land and other water within the area of hydrologic effect of the project. In determining any monitoring requirements, the State Engineer shall cooperate with all government entities which regulate or monitor, or both, the quality of water.

6. The State Engineer, on his or her initiative or at the request of the holder of the permit, may modify the conditions of the permit if monitoring demonstrates that modifications are necessary. In determining whether modifications are necessary, the State Engineer shall consider uses of land or water which were not in existence when the permit was issued.

(Added to NRS by 1987, 1771)