Utah Admin. Code 655-4-1

Current through Bulletin 2024-17, September 1, 2024

Section R655-4-1 - Purpose, Scope, and Exclusions

1.1 Purpose.

Under Subsection 73-2-1(4)(b), the state engineer, as the Director of the Utah Division of Water Rights, shall make rules regarding well construction and related regulated activities and the licensing of water well drillers and pump installers.

These rules are promulgated pursuant to Section 73-3-25. The purpose of these rules 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, testing, disinfection, pump installation and repair, 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.

These rules also establish administrative procedures for applications, approvals, hearings, notices, revocations, orders and their judicial review, and other administrative procedures required or allowed by these rules. These rules shall be liberally construed to permit the Division to carry out the purposes of Utah law.

1.2 Scope.

The drilling, construction, deepening, repair, renovation, replacement, or abandonment of the following types of wells are regulated by these administrative rules and the work must be permitted by the Utah Division of Water Rights and completed by a licensed well driller. The cleaning, development, testing, and disinfection in the following types of wells are regulated by these administrative rules and the work must be completed by a licensed well driller or a licensed pump installer; however a permit is not required. Moreover, the installation and repair of pumps in the following types of wells are regulated by these administrative rules and the work must be completed by a licensed pump installer; however a permit is not required. Pursuant to Subsection 73-3-25(2)(a), a person conducting pump installation and repair work on their own well on their own property for their own use is exempt from these rules and is not required to have a pump installer's license.

These rules apply to both vertical, angle and horizontal wells if they fall within the scope of this section. These rules pertain only to work on or within the well itself. These rules do not regulate the incidental work beyond the well such as plumbing, electrical, and excavation work up to the well; and the building of well enclosures unless these activities directly impact or change the construction of the well itself. The process for an applicant to obtain approval to drill, construct, deepen, repair, renovate, clean, develop, abandon, or replace the non-production wells listed in Subsection R655-4-1 (1.2.2) is outlined in Section R655-4-9 of these rules.

1.2.1 Water production wells at any depth including domestic wells, irrigation wells, stockwater wells, public supply wells, commercial wells, industrial wells, open-loop heat exchange wells, open-loop heat exchange injection wells, and recharge-recovery wells drilled under Title 73, Chapter 3b, Groundwater Recharge and Recovery Act. Diversion and beneficial use of groundwater from water production wells at any depth shall require approval through the appropriation procedures and policies of the state engineer and Title 73, Chapter 3.

1.2.2 Non-production wells completed to a depth greater than 30 feet including:

1.2.2.1 Cathodic protection wells.

1.2.2.2 Closed-loop Heat exchange wells that encounter formations containing groundwater.

1.2.2.3 Monitor, piezometer, and test wells designed to test and monitor water level, pressure, quality or quantity.

1.2.2.4 Other wells that can potentially interfere with established aquifers such as wells to monitor mass movement like inclinometers, facilitate horizontal utility placement, monitor man-made structures, house instrumentation to monitor structural performance, or dissipate hydraulic pressures like dewatering wells.

1.3 Exclusions.

The drilling, construction, deepening, repair, renovation, replacement, cleaning, development, pump installation and repair, or abandonment of the following types of wells or boreholes are excluded from regulation under this rule:

1.3.1 Any non-production wells described in Subsection R655-4-1 (1.2.2) that are constructed to a final depth of 30 feet or less.

1.3.2 Geothermal wells with geothermal fluid temperatures greater than or equal to 120 degrees Celsius or 248 degrees Fahrenheit. Although not regulated under this rule, geothermal wells are subject to Section 73-22-1 "Utah Geothermal Resource Conservation Act" Utah Code Annotated and the rules promulgated by the state engineer including Rule R655-1, Wells Used for the Discovery and Production of Geothermal Energy in the State of Utah. Moreover, those drilling and constructing geothermal wells must hold a current well driller's license in accordance with Sections R655-4-3 and R655-4-8.

1.3.2 Temporary exploratory wells drilled to obtain information on the subsurface strata on which an embankment or foundation is to be placed or an area proposed to be used as a potential source of material for construction.

1.3.3 Wells or boreholes drilled or constructed into non-water bearing zones or which are 30 feet or less in depth for utilizing heat from the surrounding earth.

1.3.4 Geotechnical borings drilled to obtain lithologic data which are not installed for utilizing or monitoring groundwater, and which are properly sealed immediately after drilling and testing.

1.3.5 Oil, gas, and mineral exploration or production wells. These wells are subject to rules promulgated under the Division of Oil, Gas, and Mining of the Utah Department of Natural Resources.

1.3.6 Well setback or separation and water quality testing requirements are generally regulated at the local health department level or by another state agency.

Utah Admin. Code R655-4-1

Amended by Utah State Bulletin Number 2018-9, effective 4/9/2018

Adopted by Utah State Bulletin Number 2022-15, effective 7/26/2022