2015 Utah Code
Title 73 - Water and Irrigation
Chapter 3 - Appropriation
Section 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, 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