(1) |
As used in this section:
Terms Used In Utah Code 73-3-25
(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. |
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(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. |
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(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). |
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(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. |
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(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. |
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(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. |
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(d) |
A well driller license is not transferable. |
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(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 |
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(f) |
a procedure to enforce a well drilling standard or other well drilling requirement. |
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(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. |
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(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. |
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(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 |
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(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 |
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(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. |
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Amended by Chapter 124, 2010 General Session