Title 73 - Water and Irrigation - Chapter 3 - Appropriation - Section 25 - Well driller's license -- Enforcement.

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73-3-25 Well driller's license -- Enforcement. (1) As used in this section:

(a) "Well" means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method.

(b) "Well driller" means a person with a license to engage in well drilling for compensation or otherwise.

(c) "Well drilling" means the act of: (i) drilling, constructing, repairing, renovating, deepening, cleaning, developing, or abandoning

a well; or (ii) installing or repairing a pump in a well.

(2) (a) Notwithstanding Subsection (3), a person who installs or repairs a pump in a well on the

person's own property for the person's own use is not required to obtain a license under this section.

(b) Except as provided in Subsection (2)(c), a person who installs or repairs a pump in a well for compensation:

(i) shall obtain a license as required by Subsection (3); and (ii) is subject to all of this section's provisions.

(c) Notwithstanding the requirements of Subsection (2)(b), a person who performs electrical repairs on a pump in a well is not required to obtain a license as required by Subsection (3).

(3) (a)

(i) A person shall obtain a license as provided in this section before engaging in well drilling. (ii) The state engineer may enforce Subsection (3)(a)(i) in accordance with Sections 73-2-25

and 73-2-26. (b) A person applying for a well driller license shall file a well driller bond:

(i) with the state engineer; and (ii) payable to the Division of Water Rights.

(c) (i) Compliance with this section and the rules authorized by this section is required to obtain or

renew a well driller license. (ii) The state engineer may refuse to issue a license if it appears an applicant violates a rule

authorized by this section. (d) A well driller license is not transferable.

(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules establishing:

(a) the amount, form, and general administrative requirements of a well driller bond; (b) the amount of a well driller fine; (c) minimum well drilling standards; (d) well driller reporting requirements; (e) the requirements for obtaining a well driller license, including:

(i) a well driller license application form; (ii) the license expiration date; and (iii) the license renewal cycle; and

(f) a procedure to enforce a well drilling standard or other well drilling requirement. (5)

(a) A well driller shall submit a report to the state engineer: (i) containing data relating to each well;

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(ii) within 30 days after the completion or abandonment of the well drilling; (iii) on forms furnished by the state engineer; and (iv) containing information required by the state engineer.

(b) In accordance with Sections 73-2-25 and 73-2-26, the state engineer may commence an enforcement action against a person who fails to submit a report required by Subsection (5) (a) within 90 days of the day on which the well driller license lapses.

(6) (a) A well driller shall comply with the rules authorized by this section. (b) If the state engineer determines that a well driller has failed to comply with a rule, the state

engineer may, in accordance with the procedures established in rule: (i)

(A) order that a well driller pay a fine; or (B) revoke or suspend the well driller's license; and

(ii) exact the bond. (7)

(a) The state engineer shall retain the money from a fine or exacting a bond as a dedicated credit.

(b) The state engineer may expend: (i) money retained from a fine for:

(A) well drilling inspection; (B) well drilling enforcement; or (C) well driller education; and

(ii) money retained from exacting a bond to investigate or correct a deficiency by a well driller that could adversely affect the public interest resulting from noncompliance with a rule authorized by this section.

Amended by Chapter 124, 2010 General Session