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State engineer regulation on well‑driller reciprocity pulled after lawmakers press for statute
Summary
Lawmakers questioned R027‑25, a proposed regulation to create reciprocity for out‑of‑state well drillers; concerns about using regulation (not statute), experience requirements and reciprocity safeguards led the commission to pull the rule for further work.
Senator Daley extensively questioned Chad Walling, representing the State Engineer, about proposed regulation R027‑25, which would create a pathway for licensure reciprocity for well drillers. Senators raised legal and policy concerns about using regulation instead of statute for what Daley described as a substantive change to licensing standards.
Key points from the exchange: Walling said reciprocity was developed after the governor's executive order and advisory‑board input; applicants seeking expedited reciprocity would need a current out‑of‑state license, at least two years of licensure, and a high score on Nevada's written exam (raised to 87% for expedited processing). Walling said about a dozen reciprocity applications had been received in the last year and the office was processing its first applicant eligible for the expedited pathway.
Senator Daley pressed on safeguards: whether reciprocity would be reciprocal, the removal of a requirement that two years of experience be in the immediately preceding five years, and whether removing that timing standard gives too much discretion to the state engineer. Walling said the state engineer retains discretion to evaluate experience and that the regulation retains written‑exam and advisory‑board review safeguards. Daley said he would not support the regulation as written and asked that the state engineer return in June with additional documentation; the chair pulled R027‑25 for further consideration.
Why it matters: The regulation would speed licensure for out‑of‑state drillers and could ease workforce pressure in areas with high demand, but lawmakers raised process and legal concerns about making reciprocity via regulation rather than through the Legislature.
Next steps: The State Engineer's office will be asked back with more information; R027‑25 was pulled from consideration.

