Section 73-3-25 - Well driller's license - Enforcement(1) As used in this section: (a) "Well" means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method.(b) "Well driller" means a person with a license to engage in well drilling for compensation or otherwise.(c) "Well drilling" means the act of: (i) drilling, constructing, repairing, renovating, deepening, cleaning, developing, or abandoning a well; or(ii) installing or repairing a pump in a well.(2)(a) Notwithstanding Subsection (3), 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.(b) Except as provided in Subsection (2)(c), a person who installs or repairs a pump in a well for compensation: (i) shall obtain a license as required by Subsection (3); and(ii) is subject to all of this section's provisions.(c) Notwithstanding the requirements of Subsection (2)(b), a person who performs electrical repairs on a pump in a well is not required to obtain a license as required by Subsection (3).(3)(a)(i) A person shall obtain a license as provided in this section before engaging in well drilling.(ii) The state engineer may enforce Subsection (3)(a)(i) in accordance with Sections 73-2-25 and 73-2-26.(b) A person applying for a well driller license shall file a well driller bond:(i) with the state engineer; and(ii) payable to the Division of Water Rights.(c)(i) Compliance with this section and the rules authorized by this section is required to obtain or renew a well driller license.(ii) The state engineer may refuse to issue a license if it appears an applicant violates a rule authorized by this section.(d) A well driller license is not transferable.(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules establishing:(a) the amount, form, and general administrative requirements of a well driller bond;(b) the amount of a well driller fine;(c) minimum well drilling standards;(d) well driller reporting requirements;(e) the requirements for obtaining a well driller license, including: (i) a well driller license application form;(ii) the license expiration date; and(iii) the license renewal cycle; and(f) a procedure to enforce a well drilling standard or other well drilling requirement.(5)(a) A well driller shall submit a report to the state engineer:(i) containing data relating to each well;(ii) within 30 days after the completion or abandonment of the well drilling;(iii) on forms furnished by the state engineer; and(iv) containing information required by the state engineer.(b) In accordance with Sections 73-2-25 and 73-2-26, the state engineer may commence an enforcement action against a person who fails to submit a report required by Subsection (5)(a) within 90 days of the day on which the well driller license lapses.(6)(a) A well driller shall comply with the rules authorized by this section.(b) 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: (i)(A) order that a well driller pay a fine; or(B) revoke or suspend the well driller's license; and(7)(a) The state engineer shall retain the money from a fine or exacting a bond as a dedicated credit.(b) The state engineer may expend: (i) money retained from a fine for: (A) well drilling inspection;(B) well drilling enforcement; or(C) well driller education; and(ii) 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.Amended by Chapter 124, 2010 General Session.