Basis and Purpose: The statutory authority
for this Rule is found in sections
37-91-101(1);
37-91-102; 37-91-104(1)(c), (j), & (k); 37-91-106(3); and 37-91-110(2),
C.R.S. The purpose of this Rule is to implement general statutory provisions
that apply to well construction and the installation of pumping equipment. Rule
6 also advises contractors of certain State Engineer's notice and permitting
requirements.
*
6.1 The process for
obtaining and maintaining a license for the construction of wells or the
installation of pumping equipment or cisterns, or any special licenses issued
pursuant to the Board's authority in section
37-91-105 (2.5), C.R.S., is
codified in the Board's Rules and Regulations for Administration of Licensing,
Financial Responsibility, Continuing Education and Remedial Action, 2 CCR
402-14.
6.2
Compliance with
Well Permits
6.2.1 No well may be
constructed, repaired, replaced, or modified, unless the well is associated
with a valid well permit issued by the State Engineer. (
see
Sections
37-90-105(3)(a)(I),
37-90-107,
37-90-108,
37-90-137(1),
37-90-138(3), and
37-92-602(3)(a),
C.R.S.). For those wells that are permitted, the State Engineer requires that a
new well permit be obtained prior to:
a. changing the producing and/or grout
interval of an existing well,
b.
installing certain dewatering systems as specified by the State
Engineer,
c. installing pumping
equipment that will allow a sustained production rate in excess of the
permitted production rate.
The extraction of casing or pumping equipment for the purpose
of repair or replacement does not require a new permit if the interval of
perforated casing is not altered and the production rate does not exceed the
rate specified on the existing valid well permit.
6.2.2 As further defined in Rules 6.2.2.1 and
6.2.2.2, it is the responsibility of the private driller, private pump
installer, and all persons licensed to construct or repair wells, or to
install, repair, modify, or replace pumping equipment, to determine that a
valid permit issued by the State Engineer exists prior to and during all such
work, if such well permit is required by the State Engineer.
6.2.2.1 A copy of the well permit must be
available and posted at the well site at all times when a contractor is working
on a new well or when performing any work that requires a well permit as
specified in Rule 6.2.1 . All such work must comply with the conditions of
approval of the valid well permit, including any applicable condition that the
well construction and/or pump installation contractor provide advance
notification to the State Engineer prior to well construction, the initial
installation of the pump, or installation of a cistern connected to a water
well supply system. All work must be completed prior to the expiration of the
permit.
6.2.2.2 When performing
repairs on an existing well in accordance with Rule 6.2.2, the private driller,
private pump installer, or licensed contractor must make reasonable effort to
comply with the requirements of Rule 6.2.2. If the private driller, private
pump installer, or licensed contractor is unable to verify that a well permit
exists or is required for the well, within thirty (30) days after performing
the work, the individual must notify the State Engineer of performing work on
the well and must provide information about the well on a form prescribed by
the State Engineer.
6.2.3 Where a well has been constructed in
accordance with a well permit issued by the State Engineer that authorized
construction of the well at any location within a specified tract of land, the
well construction contractor must submit the Well Construction and Test Report,
including the as-built well location by UTM coordinates, within sixty (60) days
of completion of the well.
6.3 Prior Notice of Dewatering Well,
Monitoring and Observation Hole, and Test Hole-
In accordance with the requirements of the State Engineer,
the Division of Water Resources must be provided with a Notice of Intent (see
Rule 5.2.33) no less than 72 hours, including at least one standard business
day, prior to the construction of the following:
any dewatering well;
any monitoring and observation hole; or
any test hole that will penetrate through a confining layer
between two distinct or administratively defined aquifers.
The State Engineer requires notice be submitted in writing on
the following forms available on the Division of Water Resources' website:
Notice of Intent to Construct Monitoring Hole(s) or Notice of Intent to
Construct Dewatering Wells. Any test hole that will penetrate through a
confining layer between two distinct or administratively defined aquifers must
use the Notice of Intent to Construct Monitoring Hole(s) form.
Any test hole or monitoring and observation hole that
penetrates through a confining layer between two distinct or administratively
defined aquifers may only be constructed by a licensed contractor. See Table 1
for a summary of notice, license, and permit requirements.
TABLE 1: SUMMARY OF LICENSING AND CONSTRUCTION
AUTHORIZATION REQUIREMENTS
|
STRUCTURE
|
WHO MAY
CONSTRUCT
|
REQUIRED
AUTHORIZATION
|
|
Type of Well or Borehole
|
Licensed
|
Authorized Individual
|
Special License
|
Approved Well Permit
|
Approved Notice of Intent Form
|
|
BOREHOLE DOES NOT PENETRATE
THROUGH A CONFINING LAYER*
|
|
Water well
|
X
|
X
|
|
Gallery/infiltration well
|
X
|
X
|
X
|
|
Monit./observ. well, recovery well, & certain
dewatering system
|
X
|
X
|
X
|
X
|
|
Monit./observ. holes & dewatering wells
|
X
|
X
|
X
|
X
|
|
Test holes
|
X
|
X
|
X
|
|
BOREHOLE DOES PENETRATE THROUGH
A CONFINING LAYER*
|
|
Water well
|
X
|
X
|
|
Monit./observ. well, recovery well & certain
dewatering system
|
X
|
X
|
X
|
|
Monit./observ. hole and dewatering well
|
X
|
X
|
X
|
|
Test holes
|
X
|
X
|
X
|
|
*As defined in Rule 5.2.12, a confining layer between
two distinct or administratively defined aquifers.
|
|
Notes:
1) This table summarizes minimum licensing
requirements. A licensed contractor is authorized to construct all of the types
of wells or holes indicated above. Special licenses may be obtained for certain
types of specialized work or well construction, as allowed in Rule 6.5 of the
Board's Rules and Regulations for Administration of Licensing, Financial
Responsibility, Continuing Education and Remedial Action, 2 CCR 402-14. Persons
who obtain a special license and authorized individuals are restricted to the
type of work for which they are licensed or qualified.
|
|
2) Monitoring and observation holes constructed
pursuant to notice as provided in Rule 6.3, or under a special license issued
by the Board, may not be converted into water wells (see Rule 14). Monitoring
and observation holes must be plugged and sealed within eighteen (18) months
after being constructed (see Rule 16.4). The requirement to permit a monitoring
and observation well also applies to any borehole that will remain in use for
more than eighteen (18) months (e.g., long-term piezometers).
|
|
3) The requirements for test holes only apply to
geotechnical boreholes that are not used for repeated measurements,
observations, and samplings of groundwater (see Rules 5.2.5.1 &
14.5).
|
6.3.1 The
authorized individual (see Rules 5.2.3 and 9.1) or the licensed well
construction contractor is responsible for providing the necessary notice
required for the construction of dewatering wells, test holes, and monitoring
and observation holes.
6.3.2 The
construction of any test hole penetrating through a confining layer, dewatering
well, or monitoring and observation hole for which a Notice of Intent form was
provided to the State Engineer pursuant to Rule 6.3 must be completed within
ninety (90) days of the notice date.
6.3.3 Construction of a monitoring and
observation hole must be completed within 72 hours after drilling the borehole
(see Rule 14.2.1.1).
6.4
Emergency Authorization -
Pursuant to the procedures of the State Engineer, the State Engineer or his or
her designee may approve the construction of dewatering wells or monitoring and
observation holes with less than the required notice upon the State Engineer's
determination that such approval is warranted based on certain conditions, such
as public safety, practical difficulties, or unusual hardship.
6.5
Requests for Well Site
Information - Upon request by the State Engineer or his or her staff,
all water well construction and pump installation contractors, authorized
individuals, private drillers, and private pump installers must identify the
permit number or other authorization and the location of any wells, test holes,
cisterns connected to a water well supply system, or monitoring and observation
holes or wells which that person expects to work on within a specified five (5)
day period.
6.6
Compliance
with Regulations - All well construction and pump and cistern
installation must comply with the minimum standards in these Rules. Where
federal, state, county, municipal or local government laws, regulations, or
codes are more stringent than these Rules, or contain standards not covered by
these Rules, then the contractor must comply with those laws, regulations,
codes, or standards. The licensed well construction or pump installation
contractor, authorized individual, private driller, or private pump installer
is responsible for determining if such laws, regulations, codes, or other
requirements exist and apply to the work being performed.
6.7
Products Containing Toxic
Materials - Products, such as solder and fluxes, and materials, such as
pipes and fittings, that contain any more than 0.25% lead are prohibited from
being used in the construction, repair, rehabilitation, hydraulic fracturing of
a water well, or abandonment of wells and holes. All pipe joint thread
compounds must be lead-free.
6.8
Disposal of Fluids Resulting from Well Construction, Development and
Disinfection - Fluids resulting from well construction, development or
disinfection must not be discharged into the waters of the state without first
obtaining a permit pursuant to the Colorado Discharge Permit System (CDPS)
administered by the Colorado Department of Public Health and Environment. Fluid
disposal by land application must not flow into or have the potential to flow
into surface waters and must not impact aquatic life or groundwater. Fluid
wastes may be disposed of by other proper means such as off-site transport for
treatment and final disposal, evaporation ponds, or pumping to a sanitary sewer
system with permission from the appropriate authorities.
6.9
Water Used for Well Construction
and Stimulation - All water used during the construction, development,
and stimulation, including hydraulic fracturing, of a well must be obtained
from an approved public supply. If water is not readily available from such a
public supply, the water may be obtained from a groundwater source or from a
flowing surface water supply under the following conditions:
a. water obtained from a groundwater source
must be disinfected with a minimum chlorine concentration of twenty five (25)
mg/l (milligrams per liter);
b. in
remote mountainous areas, where adequate public or groundwater sources are not
readily available, water may be obtained from flowing surface waters, provided
that such waters are located upstream from any sewer plant, feedlot, chemical
storage area or other known sources of contamination. These surface waters must
be disinfected by adding chlorine for a minimum concentration of one-hundred
(100) mg/l (Fifty (50) mg/l when polymer or bentonite is used), with a contact
time of one (1) hour and a residual concentration of ten (10) mg/l; or c. for
reverse rotary construction, only when public or groundwater sources cannot
provide sufficient volumes of drilling water, water may be obtained from
flowing surface water supplies provided that such water is disinfected to a
minimum chlorine concentration of twenty-five (25) mg/l or the well is
disinfected in accordance with the provisions of Rule 6.9.1 (also see Rule
15.7).
6.9.1 Upon completion, all
wells drilled, developed, or stimulated without using water obtained from a
public supply source must be flushed, cleaned, and disinfected with a minimum
chlorine concentration of five-hundred (500) mg/l. This disinfectant must
remain in the well for a minimum of twelve (12) hours.
6.9.2 The use of water from wetland areas,
lakes, ponds, or known contaminated groundwater sources is
prohibited.
6.10
Drilling Fluids - All drilling fluids and drilling fluid additives
must be appropriate for the purposes for which the well or hole will be
constructed and must be specifically approved for use by the Board. A list of
specifically approved drilling fluids and drilling fluid additives is available
on the Board's website.
