73-3-25 - Well driller's license -- Enforcement.
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, ormonitoring underground water made by any construction method.
(b) "Well driller" means a person with a license to engage in well drilling forcompensation or otherwise.
(c) "Well drilling" means the act of:
(i) drilling, constructing, repairing, renovating, deepening, cleaning, developing, orabandoning 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 wellon the person's own property for the person's own use is not required to obtain a license underthis section.
(b) Except as provided in Subsection (2)(c), a person who installs or repairs a pump in awell 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 performselectrical 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 inwell drilling.
(ii) The state engineer may enforce Subsection (3)(a)(i) in accordance with Sections73-2-25 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 toobtain or renew a well driller license.
(ii) The state engineer may refuse to issue a license if it appears an applicant violates arule authorized by this section.
(d) A well driller license is not transferable.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thestate 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;
(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 commencean 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, thestate 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 adedicated 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 welldriller that could adversely affect the public interest resulting from noncompliance with a ruleauthorized by this section.
Amended by Chapter 124, 2010 General Session