UT Code § 73-3-25 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 25 - Well driller's license -- Enforcement.

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       (ii) exact the bond.         (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