2 CCR 402-2-9 - WELLS AND HOLES WHICH MAY BE CONSTRUCTED BY PERSONS OTHER THAN LICENSED WELL CONSTRUCTION CONTRACTORS

Basis and Purpose: The statutory authority for this rule is found in sections 37-91-101(1); 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 identify the basic types of activities that may be completed by persons that are not licensed for water well construction or pump installation, as well as notification and reporting requirements. Additionally, this Rule identifies certain structures that do not have minimum construction standards.

9.1 This Rule 9 applies to those wells and holes which may be constructed by persons that are not licensed for water well construction (or are not employed by or directly supervised by a licensed water well contractor). Table 1 summarizes the license requirements for construction of certain types of wells and holes. Unless otherwise specified, responsibility for ensuring compliance with the provisions of this Rule 9 is placed upon:

a. the authorized individual (see Rule 5.2.3)

b. the contractor holding a special license, and/or

c. the private driller (see Section 37-91-102(12), C.R.S.) if an authorized individual or contractor holding a special license is not contracted for the work.

9.2 Excavations Authorized by this Rule The following types of excavations that do not penetrate through a confining layer between aquifers recognized by the State Engineer may be designed, constructed, used, and plugged, sealed and abandoned by authorized individuals (see Table 1 for a summary of who is authorized to construct each type of well):

dewatering wells, monitoring and observation holes and wells, piezometer holes, recovery wells, dewatering systems, pond and lake wells, and test holes

9.2.1 Required Notice - Test holes that penetrate a confining layer between two distinct aquifers, monitoring and observation holes and wells, and dewatering wells must be constructed pursuant to the Notice of Intent requirements stated in Rule 6.3.

9.2.2 Reporting Requirements - A Well Construction and Test Report must be submitted in accordance with the provisions of Rule 17 for each monitoring and observation hole constructed. A well construction report is not required for the construction of a dewatering well unless the well is permitted as a dewatering system.

9.3 Construction Standards The excavations authorized under this Rule 9 must be constructed in accordance with the applicable Rules specified for such structure. Where construction standards for an excavation authorized by this Rule 9 are not specified in these Rules, the construction of the excavation must comply with the standards and Rules applicable to water wells, unless a variance from those Rules is obtained pursuant to Rule 18.

9.3.1 Monitoring and observation holes and wells, and test holes that do not penetrate through a confining layer between two distinct aquifers must be constructed in accordance with the provisions of Rule 14.

9.3.2 Dewatering wells and dewatering systems that (1) do not penetrate through a confining layer between two distinct aquifers and (2) are not constructed in a vertical borehole, must be constructed in accordance with all applicable municipal, county, state, and federal regulations and standards. No other minimum construction standards apply for such wells or holes, except that the well or hole must be constructed to prevent contamination of surface or groundwater. Such wells must be abandoned pursuant to the provisions of Rule 16.4.1.

9.3.3 Pond or lake wells (including gravel pit wells) permitted pursuant to sections 37-90-107 or 37-90-137, C.R.S. are exempt from the provisions of these minimum construction and location standards, except that the owner must ensure that the pond or lake well is constructed in such a manner as to prevent contaminants from entering the pond or lake well. A report documenting construction of a pond or lake well must be submitted upon completion of the well, as required by Rule 17.1.5.

9.4 If during construction of an excavation authorized by this Rule 9, the borehole penetrates through a confining layer into a lower aquifer, the hole must be plugged back through the confining layer with at least twenty (20) feet of cement or cement-bentonite grout or through the entire confining layer, whichever is greater, or the hole must be plugged, sealed and abandoned pursuant to Rule 16 within twenty-four (24) hours.

9.5 Plugging, Sealing and Abandonment - Excavations authorized by this Rule 9 shall be plugged, sealed and abandoned according to the provisions of Rule 16.

9.6 Conversion to Water Wells Prohibited - A monitoring and observation hole, dewatering well, and other excavation constructed pursuant to a Notice of Intent form provided to the State Engineer, as provided in Rule 6.3 and this Rule 9, may not be converted to a production water well for beneficial use. A monitoring and observation hole or dewatering well constructed in accordance with proper notice may only be converted to a monitoring and observation well, recovery well for purposes of aquifer remediation, or dewatering system for dewatering of the aquifer, if such conversion is approved and permitted by the State Engineer.

Notes

2 CCR 402-2-9

39 CR 11, June 10, 2016, effective 9/1/2016 41 CR 11, June 10, 2018, effective 7/1/2018