§ 30.52.100. Provisions for Water.

a.

Public Water Service. Except as permitted by Section 30.52.040(7)(C), when any portion of a development is within 1,250 feet of a public waterline with adequate capacity and pressure to serve the development, water service shall be provided by a public system.

b.

Individual Wells. Where single family residential development on lots which were not created by a major or minor subdivision is located in excess of 360 feet of a public waterline, where all other development is located in excess of 1,250 feet of a public waterline, or if a waterline within this distance does not have adequate capacity and pressure to serve the development, individual wells may be used to provide the required water if the developer can provide evidence of the following approvals. Where individual wells are approved as the adequate water supply, the developer shall denote such intention upon the final plat and every sales contract for each lot purchaser.

1.

Las Vegas Valley Artesian Basin. In the Las Vegas Valley Artesian Basin, as designated and described by the Office of the State Engineer of the State of Nevada (see Appendix G), further subdivision will only be allowed if all the lots within the subdivision are 5 acres or more in size, or if non-revocable water rights are obtained and relinquished back to the public waters in an amount sufficient to support the number of lots being created in a manner approved by the State Engineer for the drilling of individual domestic wells or a water right permit sufficient to support the number of lots being created in a manner approved by the State Engineer. An exception is made within the area shaded on the map titled "Las Vegas Valley Oversizing Areas Map and Projected Urban Water Service Boundary," dated July 29, 1999, adopted herewith, and on file in the Office of the County Clerk (see Appendix G). Lots within this area which rely on wells, surface or groundwater as the adequate source of water may be created if all of the following conditions are met:

A.

The lot must be created by a parcel map and constitute less than 5 acres, but consist of at least 40,000 square feet or more.

B.

For purposes of ground water supply, the subdivision must be connected to the water facilities of the municipal water purveyor when within 1,250 feet from a waterline with adequate capacity and pressure to serve the subdivision at the time the map is recorded, and must not be in an area restricted by the State Engineer for any other reasons.

C.

The property owners must sign an agreement which will be recorded and run with the land, binding them and their successors and assigns, stating that they will:

i.

Connect to the municipal water purveyor's water system in the future when waterlines are located adjacent to their property (as outlined in the agreement), or at the time of development of the property, whichever occurs last, and pay all fees and charges required at that time for such connection.

ii.

Pay all costs associated with the construction of future adjacent waterlines installed for the extension of water service to the property, or participate in any future special improvement districts providing water service to the property.

iii.

Plug and abandon, in accordance with specifications acceptable to the State Engineer, any existing well on the property when water district facilities are available.

2.

Indian Springs, Ivanpah Valley North, Ivanpah Valley South, and Sandy Valley Groundwater Basins. In Indian Springs, Ivanpah Valley North, Ivanpah Valley South, and Sandy Valley Groundwater Basins, as designated and described by the Office of the State Engineer of the State of Nevada (see Appendix G), further subdivision will only be allowed if all the lots within the subdivision are 5 acres or more in size, or if water rights are obtained and relinquished back to the public waters in an amount sufficient to support the number of lots being created in a manner approved by the State Engineer for the drilling of individual domestic wells or a water right permit sufficient to support the number of lots being created in a manner approved by the State Engineer. Lots within this area which rely on wells, surface or groundwater as the adequate source of water may be created if all of the following conditions are met:

A.

For purposes of ground water supply, the subdivision must be connected to the water facilities of the municipal water purveyor when within 1,250 feet from a waterline with adequate capacity and pressure to serve the subdivision at the time the map is recorded, and must not be in an area restricted by the State Engineer for any other reasons.

B.

The property owners must sign an agreement which will be recorded and run with the land, binding them and their successors and assigns, stating that they will:

i.

Connect to the municipal water purveyor's water system in the future when waterlines are located adjacent to their property (as outlined in the agreement), or at the time of development of the property, whichever occurs last, and pay all fees and charges required at that time for such connection.

ii.

Pay all costs associated with the construction of future adjacent waterlines installed for the extension of water service to the property, or participate in any future special improvement districts providing water service to the property.

iii.

Plug and abandon, in accordance with specifications acceptable to the State Engineer, any existing well on the property when water district facilities are available.

3.

All Other Parts of Clark County. The developer shall obtain the approval of the State Engineer of the State Division of Water Sources of the Department of Conservation and Natural Resources for the creation of new lots which would rely on the use of wells, surface or groundwater resources.

4.

Accessory Apartment, Guest House, Temporary Living Quarters. A permit from the State Engineer for non-revocable water rights in an amount sufficient to offset the development of an accessory apartment, guest house, or temporary living quarters shall be required prior to issuance of a building permit for such use on property serviced by a well.

c.

Sanitary Seals. If a well is used for potable water purposes and is proposed for development within 1,000 feet of an existing underground fuel tank, the well must be developed with a 100-foot sanitary seal.

(Ord. 3688 § 9 (part), 2008; Ord. 3238 § 6 (part), 2005; Ord. 3106 § 8 (part), 2004; Ord. 2741 § 9, 2002; Ord. 2683, § 4, 2001: Ord. 2482 § 12 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3757, § 6, 3-18-2009)