Nebraska Statutes 46-1229. License required; application; qualifications; existing rules, regulations, licenses, forms of approval, suits, other proceedings; how treated
(1) Any person desiring to engage in the construction of water wells, the installation of pumps and pumping equipment, or the decommissioning of water wells shall make initial application for a license to the department in accordance with rules and regulations adopted and promulgated pursuant to the Water Well Standards and Contractors’ Practice Act. A license to engage in the construction or decommissioning of water wells or the installation of pumps and pumping equipment shall be issued to every applicant who demonstrates professional competence by successfully passing the examination prescribed in section 46-1223 and otherwise complies with the Water Well Standards and Contractors’ Practice Act and all standards, rules, and regulations adopted and promulgated pursuant to the act. Applicants shall receive licenses for any category or combination of categories for which they have successfully passed the required examination.
Terms Used In Nebraska Statutes 46-1229
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Board: means the Water Well Standards and Contractors' Licensing Board. See Nebraska Statutes 46-1205
- Construction of water wells: shall mean and include all acts necessary to make a water well usable for the purpose for which it is intended including, without limitation, the siting of and excavation for the water well and its construction, alteration, or repair, but excluding the installation of pumps and pumping equipment. See Nebraska Statutes 46-1206
- Department: means the Department of Environment and Energy. See Nebraska Statutes 46-1207
- Installation of pumps and pumping equipment: shall mean the procedure employed in the placement and preparation for operation of pumps and pumping equipment at the water well location, including connecting all wiring to the first control and all construction or repair involved in making entrance to the water well, which involves the breaking of the well seal. See Nebraska Statutes 46-1208
- Person: shall mean any: Individual. See Nebraska Statutes 46-1208.01
- Pumps and pumping equipment: shall mean any equipment or materials utilized or intended for use in withdrawing or obtaining ground water including, but not limited to, seals, tanks, fittings, and controls. See Nebraska Statutes 46-1211
- Water well: shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information, or extracting water from or injecting fluid as defined in section 81-1502 into the underground water reservoir. See Nebraska Statutes 46-1212
(2) The department, with the approval of the board, shall adopt and promulgate rules and regulations governing application for and issuance and renewal of licenses required pursuant to this section and fees pursuant to section 46-1224.
(3) All rules and regulations adopted prior to July 1, 2021, under the Uniform Credentialing Act and the Water Well Standards and Contractors’ Practice Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2021, LB148.
(4) All licenses or other forms of approval issued prior to July 1, 2021, in accordance with the Uniform Credentialing Act and the Water Well Standards and Contractors’ Practice Act shall remain valid as issued for purposes of the changes made by Laws 2021, LB148, unless revoked or otherwise terminated by law.
(5) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to July 1, 2021, under the Uniform Credentialing Act and the Water Well Standards and Contractors’ Practice Act shall be subject to the provisions of the acts as they existed prior to July 1, 2021.