Attachment 5: DWR Look at Rule 16

DEPARTMENT OF NATURAL RESOURCES

Division of Water Resources
Board of Examiners of Water Well Construction and Pump Installation Contractors Rules and Regulations for Water Well Construction, Pump Installation, Cistern Installation, and Monitoring and Observation Hole/Well Construction

2 CCR 402-2

Rule 1
1.1

Rule 2
2.1

Rule 3

Title
The title of these rules and regulations is “Rules and Regulations for Water Well Construction, Pump Installation, Cistern Installation and Monitoring and Observation Hole/Well Construction.” The short title for these rules and regulations is “Construction Rules” and they may be referred to herein collectively as the “Rules” or individually as a “Rule.”
Authority
These Rules are promulgated pursuant to the authority granted the State Board of Examiners of Water Well Construction and Pump Installation Contractors (the “Board” or “Board of Examiners”) in sections 37-91-104(1)(b), (c), (j) & (k); 37-91-106(3) & (4); 3791-109(1) & (2); and 37-91- 110(1) & (2), C.R.S. Scope of Rules

Basis and Purpose: The statutory authority for this Rule is found in sections 37-91-101(1); 3791-102; 37- 91-104(1)(c), (j), & (k); 37-91-106(3) & (4); and 37-91-110(2), C.R.S. The purpose of this Rule is to identify the activities and individuals to which these Rules apply. 3.1

These Rules apply to the construction and repair of water wells, test holes, dewatering wells, monitoring and observation holes and wells; well plugging, sealing, and abandonment; and pump and cistern installation and repair, as those terms are defined by these Rules and section 37-91- 102, C.R.S.

3.2

These Rules do not apply to excavations made for the purpose of obtaining or prospecting for minerals or to those wells subject to the jurisdiction of the Oil and Gas Conservation Commission as provided in Article 60 of Title 34, C.R.S., or to those wells subject to the jurisdiction of the Mined Land Reclamation Board as provided in Article 32 of Title 34, C.R.S. (Minerals), and Article 33 of Title 34, C.R.S. (Coal). See section 3791-102(16)(b)(I), C.R.S.

3.3

These Rules apply to licensed well construction and pump installation contractors, private drillers, private pump installers, authorized individuals, any persons who undertake any activity described in Rule 3.1 or otherwise described by these Rules, and any persons excluded from the licensing requirements as described in section 37-91106, C.R.S. See sections 37-91-102, 37-91-104(j) & (k), and 37-91-106, C.R.S