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 drilling, constructing, repairing, renovating,
deepening, cleaning, developing, or abandoning a well.
(2) (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 (2)(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 violated a
rule authorized by this section.
(d) A well driller license is not transferable.
(3) 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.
(4) (a) A well driller shall submit a report to the state engineer:
(i) containing data relating to each well;
(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 (4)(a)
within 90 days of the day on which the well driller license lapses.
(5) (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 license; and
(ii) exact the bond.
(6) (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 282, 2008 General Session
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009