73-3-25. Well driller's license -- Enforcement.
(1) As used in this section: "Well" means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method. "Well driller" means a person with a license to engage in well drilling for compensation or otherwise. "Well drilling" means the act of: drilling, constructing, repairing, renovating, deepening, cleaning, developing, or abandoning a well; or installing or repairing a pump in a well.
(2) Notwithstanding Subsection, 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. (3) Except as provided in Subsection, a person who installs or repairs a pump in a well for compensation: (2)(c) shall obtain a license as required by Subsection; and (3) is subject to all of this section's provisions. Notwithstanding the requirements of Subsection, a person who performs electrical repairs on a pump in a well is not required to obtain a license as required by Subsection. (2)(b) (3)
(3) A person shall obtain a license as provided in this section before engaging in well drilling. The state engineer may enforce Subsectionin accordance with Sectionsand. (3)(a)(i) 73-2-25 73-2-26 A person applying for a well driller license shall file a well driller bond: with the state engineer; and payable to the Division of Water Rights. Compliance with this section and the rules authorized by this section is required to obtain or renew a well driller license. The state engineer may refuse to issue a license if it appears an applicant violates a rule authorized by this section. A well driller license is not transferable.
(4) In accordance with, the state engineer may make rules establishing: Title 63G, Chapter 3, Utah Administrative Rulemaking Act the amount, form, and general administrative requirements of a well driller bond; the amount of a well driller fine; minimum well drilling standards; well driller reporting requirements; the requirements for obtaining a well driller license, including: a well driller license application form; the license expiration date; and the license renewal cycle; and a procedure to enforce a well drilling standard or other well drilling requirement.
(5) A well driller shall submit a report to the state engineer: containing data relating to each well; within 30 days after the completion or abandonment of the well drilling; on forms furnished by the state engineer; and containing information required by the state engineer. In accordance with Sectionsand, the state engineer may commence an enforcement action against a person who fails to submit a report required by Subsectionwithin 90 days of the day on which the well driller license lapses. 73-2-25 73-2-26 (5)(a)
(6) A well driller shall comply with the rules authorized by this section. 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: order that a well driller pay a fine; or revoke or suspend the well driller's license; and exact the bond.
(7) The state engineer shall retain the money from a fine or exacting a bond as a dedicated credit. The state engineer may expend: money retained from a fine for: well drilling inspection; well drilling enforcement; or well driller education; and 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.