2006 Utah Code - 73-3-25 — Well driller\'s license -- Bond -- Revocation or suspension for noncompliance.

     73-3-25.   Well driller's license -- Bond -- Revocation or suspension for noncompliance.
     (1) (a) Every person that constructs a well in the state shall obtain a license from the state engineer.
     (b) The state engineer shall enact rules defining the form, the expiration date, and the renewal cycle of the application for a license.
     (c) Well drillers' licenses are not transferable. The state engineer shall enact rules for well construction according to the procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
     (2) (a) (i) A person who constructs a well in this state must first obtain a license as provided in this section.
     (ii) Before a well driller's license will be issued, the applicant must file a well driller bond with the state engineer.
     (iii) The bond shall be made payable to the Office of the State Engineer.
     (iv) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the state engineer may make rules to set the amount, form, and general administrative requirements of a well driller bond. Proper compliance with the provisions of this section and the rules enacted under the authority of this section are required to obtain or renew a license.
     (b) (i) Well drillers shall comply with the rules enacted by the state engineer under this chapter.
     (ii) If the state engineer determines, following an investigation, that the licensee has failed to comply with these rules, the state engineer may revoke or suspend the license, and exact the bond and deposit the money as a nonlapsing dedicated credit.
     (iii) The state engineer may expend the funds to investigate or correct any deficiencies which could adversely affect the public interest resulting from noncompliance with the rules promulgated under this chapter by any well driller.
     (iv) The state engineer may refuse to issue a license to a well driller if it appears that there has been a violation of the rules or a failure to comply with Section 73-3-22.

Amended by Chapter 191, 2004 General Session

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