No. 27691: R655-4. Water Well Drillers

DAR File No.: 27691
Filed: 02/01/2005, 06:28
Received by: NL

 

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The administrative rules for Water Well Drillers were promulgated under the statutory provisions of Section 73-3-25, which states in part, "Every person that constructs a well in the state shall obtain a license from the state engineer. The state engineer shall enact rules defining the form, the expiration date, and the renewal cycle of the application for a license. 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. A person who constructs a well in this state must first obtain a license as provided in this section. Before a well driller's license will be issued, the applicant must file a well driller bond with the state engineer. The bond shall be made payable to the Office of the State Engineer. 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. Well drillers shall comply with the rules enacted by the state engineer under this chapter."

 

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received.

 

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The purpose of the administrative rules for Water Well Drillers is to assist in the orderly development of underground water; insure that minimum construction standards are followed in the drilling, construction, deepening, repairing, renovating, cleaning, development, and abandonment of water wells and other regulated wells; prevent pollution of aquifers within the state; prevent wasting of water from flowing wells; obtain accurate records of well construction operations; and insure compliance with the state engineer's authority for appropriating water. The rule currently applies to over 160 licensed drillers, 150 registered operators, who drill over 1,400 wells per year. In order to accomplish these purposes and effectively regulate the well drillers, the rule is still necessary. Changes to the rule are not required at this time. In 2004, the rule underwent a major revision as a result of a revision to the well drilling statute (Section 73-3-25). These revisions were supported by the State's driller association (Utah Ground Water Association), as well as the drilling community at large within the State. The changes resulted in an increase in efficiency and a reduction in administrative effort for both the Division of Water Rights and the drillers. The revisions also clarified several ambiguous sections within the rule.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Water Rights
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Gail Nelson at the above address, by phone at 801-538-7370, by FAX at 801-538-7442, or by Internet E-mail at [e-mail]

 

Authorized by:

Jerry Olds, Director