§ 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;

(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