Utah Admin. Code 655-4-4

Current through Bulletin 2024-20, October 15, 2024

Section R655-4-4 - Administrative Requirements and General Procedures

4.1 Authorization to Drill or Conduct Regulated Activity.

The well driller and shallow well constructor shall make certain that a valid authorization or approval to drill exists before engaging in regulated well drilling activity. Authorization to drill shall consist of a valid 'Start Card' based on any of the approvals listed in this subsection. Subsections R655-4-4 (4.1.1) through R655-4-4 (4.1.12) allow the applicant to contract with a well driller to drill, construct, deepen, replace, repair, renovate, or abandon exactly one well at each location listed on the Start Card or approval form. The drilling of multiple borings or wells at an approved location or point of diversion is not allowed without authorization from the state engineer's office. Most Start Cards list the date when the authorization to drill expires. If the expiration date has passed, the Start Card and authorization to engage in regulated drilling activity is no longer valid. If there is no expiration date on the Start Card, the driller must contact the state engineer's office to determine if the authorization to drill is still valid. When the work is completed, the permission to drill is terminated. Preauthorization or pre-approval of pump installation or repair work, well cleaning, development, testing, and disinfection is not required. A well renovation permit is required if an existing well is to be modified by activities such as deepening, casing-seal-gravel pack repair or renovation, liner installation, pitless adapter or unit installation, casing perforating, and screen installation. A well renovation permit is not required if the well is not modified by activities such as cleaning, development, testing, disinfection, and pump work.

4.1.1 An approved application to appropriate.

4.1.2 A provisional well approval letter ,also known as a Rush Letter Approval.

An approved provisional well letter grants authority to drill but allows only enough water to be diverted to determine the characteristics of an aquifer or the existence of a usable groundwater source.

4.1.3 An approved permanent change application.

4.1.4 An approved exchange application.

4.1.5 An approved temporary change application.

4.1.6 An approved application to renovate or deepen an existing well.

4.1.7 An approved application to replace an existing well.

4.1.8 An approved monitor well letter.

An approved monitor well letter grants authority to drill but allows only enough water to be diverted to monitor groundwater.

4.1.9 An approved heat exchange well letter.

4.1.10 An approved cathodic protection well letter.

4.1.11 An approved non-production well construction application.

4.1.12 Any letter or document from the state engineer directing or authorizing a well to be drilled or work to be done on a well.

4.2 Start Cards.

4.2.1 Before commencing work to drill, construct, deepen, replace, repair, renovate, clean, or develop any well governed by this rule, the well driller or shallow well constructor must notify the state engineer of that intention by sending the information on the 'Start Card" to the state engineer by the online Start Card submittal system, telephone, by fax, by hand delivery, or by email with completed Start Card scanned and attached. If using the telephone, leaving a voice mail is an acceptable notification. Thereafter, a completed original Start Card must be sent to the state engineer by the licensee after it has been telephoned in, including voice mail. A completed original Start Card does not need to be sent to the state engineer by the licensee after it has been submitted online, faxed or emailed. A copy of the Start Card should be kept at the drill site at all times regulated activity is being conducted.

4.2.2 A specific Start Card is printed for each well drilling approval and is furnished by the state engineer to the applicant or the well owner. The Start Card is preprinted with the water right or non-production well number, owner name and address, and the approved location of the well. The state engineer marks the approved well drilling activity on the card. If a Start Card is stamped with 'Special Conditions', the licensee shall contact the state engineer's office to determine what the special drilling conditions or limitations are; then implement them in the drilling and construction of the well. The licensee must put the following information on the card:

a. The date on which work on the well will start;

b. The projected completion date of the work;

c. The well driller's license number;

d. The licensed well driller's signature.

4.2.3 When a single authorization is given to drill wells at more than one point of diversion, a Start Card shall be submitted for each location to be drilled.

4.2.4 Following the submittal of a Start Card, if the actual start date of the drilling activity is postponed beyond the date identified on the Start Card, the licensed driller must notify the state engineer of the new start date.

4.2.5 A Start Card is not required to abandon a well. However, before commencing well abandonment work, the driller shall notify the state engineer by telephone, by facsimile, or by email of the proposed abandonment work. The notice must include the location of the well. The notice should also include the water right or non-production well number associated with the well and the well owner if that information is available.

4.2.6 A Start Card or pre-notification is not required to perform pump installation and repair work on a well.

4.3 General Requirements During Construction.

4.3.1 The well driller or pump installer shall have the required penal bond continually in effect during the term of the license; otherwise the license will become inactive.

4.3.2 The well driller's or pump installer's license number or company name exactly as shown on the license must be prominently displayed on each well drilling rig or pump rig operated under the license. If the company name is changed the licensee must immediately inform the state engineer of the change in writing.

4.3.3 A licensed well driller or a registered drill rig operator must be at the well site when the following aspects of well construction are in process: advancing the borehole, setting casing and screen, placing a filter pack, constructing a surface seal, or similar activities involved with well deepening, renovation, repair, cleaning, developing, testing, disinfecting, capping, pitless installation, or abandoning. All registered drill rig operators working under a well driller's license must be employees of the well driller and must use equipment either owned by or leased by the licensed well driller.

4.3.3.1 A licensed pump installer or a registered pump rig operator must be at the well site when the following aspects of pump work are in process: pump removal, pump installation, modification to the well head including capping, sealing, and pitless adapter or unit installation, or similar activities on and within the well involving pump installation or repair. Inasmuch as a licensed pump installer is allowed to clean, develop, test, and disinfect a regulated well, these activities must be performed in the presence of a licensed pump installer or registered pump rig operator. All registered pump rig operators working under a pump installer's license must be employees of the pump installer and must use equipment either owned by or leased by the licensed pump installer.

4.3.3.2 A registered drill rig operator who is left in responsible charge of advancing the borehole, setting casing and screen, placing a filter pack, constructing a surface seal, or similar activities involved with well deepening, renovation, repair, cleaning, developing, testing, disinfecting, capping, pitless installation, or abandoning must have a working knowledge of the minimum construction standards and the proper operation of the drilling rig. The licensed well driller is responsible to ensure that a registered operator is adequately trained to meet these requirements.

4.3.3.3 A registered pump rig operator who is left in responsible charge of pump installation or repair must have a working knowledge of the minimum construction standards and the proper operation of the pump rig. The licensed well driller or pump installer is responsible to ensure that a registered operator is adequately trained to meet these requirements.

4.3.4 State engineer provisions for issuing cease and desist orders, also known as Red Tags

4.3.4.1 Construction Standards: The state engineer or staff of the Division of Water Rights may order that regulated work on a well cease if a field inspection reveals that the construction does not meet the minimum construction standards to the extent that the public interest might be adversely affected.

4.3.4.2 Licensed Drilling Method: A cease work order may also be issued if the well driller is not licensed for the drilling method being used for the well construction.

4.3.4.3 Incompetent Registered Operator: If, during a field inspection by the staff of the Division of Water Rights, it is determined that a registered operator in responsible charge does not meet these requirements, a state engineer's red tag, in accordance with Subsection R655-4-3 (3.4), shall be placed on the drilling rig or pump rig and the drilling or pump operation shall be ordered to shut down. The order to cease work shall remain effective until a qualified person is available to perform the work.

4.3.4.4 No licensee or registered operator on site: If, during a field inspection by the staff of the Division of Water Rights, it is determined that neither a licensee or registered operator are one site when regulated well activity is occurring, the state engineer may order regulated well work to cease.

4.3.4.5 General: The state engineer's order shall be in the form of a red tag which shall be attached to the drilling rig or pump rig. A letter from the state engineer shall be sent to the licensee to explain the sections of this rule that were violated. The letter shall also explain the requirements that must be met before the order can be lifted.

4.3.4.6 A licensee may appeal a Cease and Desist order by:

4.3.4.6.1 submitting to the Division a written statement clearly and concisely stating the specific disputed facts, the supporting facts, and the relief sought; or

4.3.4.6.2 requesting a hearing on the issue according to Section R655-4-7.

4.3.4.7 A Cease and Desist Order shall remain in force during the pendency of the appeal.

4.3.5 When required by the state engineer, the well driller or registered operator shall take lithologic samples at the specified intervals and submit them in the bags provided by the state engineer.

4.3.6 A copy of the effective Rule R655-4 should be available at each well construction site for review by the construction personnel. Licensed well drillers or pump installers and registered operators must have proof of licensure or registration with them on site during regulated well activity.

4.3.7 Before starting construction of a new well, the licensed driller shall investigate and become familiar with the drilling conditions, geology of potential aquifers and overlying materials, anticipated water quality problems, and know contaminated water bearing zones that may be encountered in the area of the proposed drilling activity.

4.4 Removing Drill Rig from Well Site.

4.4.1 A well driller shall not remove the drill rig from a well site unless the well drilling activity is properly completed or abandoned in accordance with the construction standards in Sections R655-4-9 through R655-4-12.

4.4.2 For this rule, the regulated work on a well will be considered completed when the well driller removes the drilling rig from the well site. The regulated pump work on a well will be considered completed when the pump installer removes the pump rig from the well site.

4.4.3 The well driller may request a variance from the state engineer to remove a drill rig from a well before completion or abandonment. This request must be in written form to the state engineer. The written request must provide justification for leaving the well incomplete or un-abandoned and show how the well will be temporarily abandoned as provided in Section R655-4-14 and must give the date when the well driller plans to continue work to either complete the well or permanently abandon it.

4.5 Official Well Driller's Report, also known as a well log.

4.5.1 Within 30 days of the completion of regulated work on any well, the licensee shall file an official well log with the state engineer. The blank well log form will be mailed to the licensee upon receipt of the information on the Start Card as described in Subsection R655-4-4 (4.2).

4.5.2 The water right number or non-production well number, owner name and address, and the approved location of the well will be preprinted on the blank well log provided to the well driller. The driller shall verify this information and make any necessary changes on the well log before submittal. The state engineer will mark the approved activity, such as new, replace, repair, deepen, on the well log. The driller must provide the following information on the well log:

a. The start and completion date of work on the well;

b. The nature of use for the well such as domestic, irrigation, stock watering, commercial, municipal, provisional, monitor, cathodic protection, or heat pump;

c. The borehole diameter, depth interval, drilling method and drilling fluids utilized to drill the well;

d. The lithologic log of the well based on strata samples taken from the borehole as drilling progresses;

e. Static water level information to include date of measurement, static level, measurement method, reference point, artesian flow and pressure, and water temperature;

f. The size, type, description, joint type, and depth intervals of casing, screen, and perforations;

g. A description of the filter pack, surface and interval seal material, and packers used in the well along with necessary related information such as the depth interval, quantity, and mix ratio;

h. A description of the finished wellhead configuration;

i. The date and method of well development;

j. The date, method, yield, drawdown, and elapsed time of a well yield test;

k. A description of pumping equipment ,if available;

l. Other comments pertinent to the well activity completed;

m. The well driller's statement to include the driller name, license number, signature, and date.

4.5.3 Accuracy and completeness of the submitted well log are required. Of particular importance is the lithologic section that should accurately reflect the geologic strata penetrated during the drilling process. Sample identification must be logged in the field as the borehole advances and the information transferred to the well log form for submission to the state engineer.

4.5.4 An amended well log shall be submitted by the licensee if it becomes known that the original report contained inaccurate or incorrect information, or if the original report requires supplemental data or information. Any amended well log must be accompanied by a written statement, signed and dated by the licensee, attesting to the circumstances and the reasons for submitting the amended well log.

4.6 Official Well Abandonment Reports, Also Known as Abandonment Logs.

4.6.1 When a well driller is contracted to replace an existing well under state engineer's approval, it shall be the responsibility of the well driller to inform the well owner that it is required by law to permanently abandon the old well in accordance with Section R655-4-14.

4.6.2 Within 30 days of the completion of abandonment work on any well, the driller shall file an abandonment log with the state engineer. The blank abandonment log will be mailed to the licensed well driller upon notice to the state engineer of the start of abandonment work as described in Subsection R655-4-4 (4.2.5).

4.6.3 The water right number or non-production well number, owner name and address, and the well location, if available, will be preprinted on the blank abandonment log provided to the well driller. The driller shall verify this information and make any necessary changes on the abandonment log before submitting the log. The driller must provide the following information on the abandonment log:

a. Existing well construction information;

b. Date of abandonment;

c. Reason for abandonment;

d. A description of the abandonment method;

e. A description of the abandonment materials including depth intervals, material type, quantity, and mix ratio;

f. Replacement well information ,if applicable,;

g. The well driller's statement to include the driller name, license number, signature, and date.

4.6.4 When a well is replaced and the well owner will not allow the driller to abandon the existing well, the driller must briefly explain the situation on the abandonment form and submit the form to the state engineer within 30 days of completion of the replacement well.

4.7 Official Pump Installation Report, Also Known as a Pump Log.

4.7.1 Soon after the completion of regulated pump work on any well, the licensee shall file an official pump log with the state engineer. If well disinfection is the only activity on a well, a pump log need not be filed with the state engineer. Blank pump log forms will be available to the licensee at any Division office, requested by mail, or downloaded from the Division's website (www.waterrights.utah.gov).

4.7.2 Pertinent information to be included on the pump log by the licensee shall consist of:

a. the water right number or non-production well number;

b. the well owner name and address;

c. the approved point of diversion or location of the well;

d. the start and completion date of work on the well;

e. the nature of use for the well such as domestic, irrigation, stock watering, commercial, municipal, provisional, monitor, cathodic protection, and heat pump;

f. pertinent well details including casing diameters and depths, total well depth, well intake depth intervals, wellhead configuration including pitless adapter or unit configuration if applicable;

g. a detailed description of pump-related work performed on or in the well including pump setting depth, pump type, pumping rate, valving, drop piping, jointing, capping, testing, sealing, disinfection, and pitless adapter or unit installation; and

h. static water level information to include date of measurement, static level, measurement method, reference point, artesian flow and pressure, and water temperature;

i. a description of the finished wellhead configuration;

j. the date, method, yield, drawdown, and elapsed time of a well yield test;

k. other comments pertinent to the well activity completed; and

m. the pump installer's statement to include the licensee name, license number, signature, and date.

4.8 Incomplete or Incorrectly Completed Reports.

An incomplete log or a log that has not been completed correctly will be returned to the licensee to be completed or corrected. The log will not be considered filed with the state engineer until it is complete and correct.

4.8 Extensions of Time.

The well driller may request an extension of time for filing the well log if there are circumstances that prevent the driller from obtaining the necessary information before the expiration of the 30 days. The extension request must be submitted in writing before the end of the 30-day period.

4.9 Late Well Logs - Lapsed License

All outstanding well logs or abandonment logs shall be properly submitted to the state engineer before the lapsing of a license. A person with a lapsed license who has failed to submit all logs within 90 days of lapsing will be subject to the state engineer's enforcement powers under Section 73-2-25 and Rule R655-14.

Utah Admin. Code R655-4-4

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

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