Current through Register Vol. 47, No. 17, September 10, 2024
6.1
License Required- Every individual, before engaging in the business of
contracting for and performing either the construction and/or the repair of
wells, the installation and/or repair of pumping equipment, or the installation
and/or repair of cisterns connected to water well supply systems, must obtain a
license for one or more methods of well construction or pump installation from
the Board. Individuals who use special equipment or perform limited procedures
in well construction, pump installation, or cistern installation must obtain a
special license from the Board prior to engaging in such specialized services.
6.1.1 The licensee must submit to the Board,
at the time of licensing and license renewal, an email address to be used as
the primary contact email address for the licensee.
6.1.2 The licensee must inform the Board
within thirty (30) days of any change in business mailing address, email
address, telephone number, or business name.
6.1.3 The licensee must submit to the Board
at the time of licensing and license renewal, on a form prescribed by the
Board, a list of employees directly employed by the licensee who perform well
construction, pump installation, and/or cistern installation under the license.
The list must include a description of the areas of proficiency in well
construction work or pump installation work for each listed employee.
6.1.3.1 Between license renewals, the
licensee must maintain and update the information described in Rule 6.1.3,
including providing changes in personnel.
6.1.3.2 At the time of license renewal, the
licensee must catalog and provide to the Board any continuing education or
training each employee listed under Rule 6.1.3 received throughout the duration
of the license period.
6.1.4 A license issued by the Board
authorizes a person to contract for well construction or pump installation
services as specified on the license. A license does not authorize any
advertisement for, contracting for, or performing other services for which the
contractor is not licensed.
6.1.5
The Board will not recognize as lawful any operating agreements, business
agreements, or any other contractual agreements between a licensed contractor
and any individuals not licensed by the Board, where such an agreement purports
to authorize the unlicensed individual to construct water wells or install
pumping equipment under the license of the licensed individual. An unlicensed
individual may construct water wells and install pumping equipment only if that
individual is a private driller, is directly employed by a licensed contractor,
or is supervised continuously on-the-site by a licensed contractor, as those
terms are defined in section
37-91-102, C.R.S. Supervision
means personal and continuous on-the-site direction by a licensed well
construction contractor or licensed pump installation contractor, unless the
licensed contractor has applied for and received from the board an exemption
from continuous on-the-site direction for a specific task. §
37-91-102 (15.5)
6.2 Water Well Construction
Licenses- The Board designates the following types of licenses for methods of
water well construction:
a. air rotary
construction
b. mud rotary
construction
c. reverse rotary
construction
d. cable tool
construction
6.2.1 A contractor
licensed in one or more designated methods of water well construction will also
be authorized, without examination, to construct, or have constructed by a
person directly employed by him/her, or to supervise the construction of
gallery wells and infiltration galleries. The contractor is required to comply
with all applicable standards for such construction stated on the well permit,
must have the construction plan approved per Board construction variance, must
adhere to applicable rules and regulations, and is responsible for filing all
work reports for such work performed under his/her license.
6.3 Pump Installation Licenses-
The Board designates the following types of licenses for the installation of
pumping equipment in water wells:
a. pumps
producing less than or equal to 100 gallons per minute; and
b. pumps producing more than 100 gallons per
minute and line shaft turbine pumps (vertical turbine pumps).
6.3.1 A contractor licensed for the
installation of pumping equipment in water wells will also be authorized,
without examination, to install, or have installed by a person directly
employed by him/her, or to supervise the installation of cisterns connected to
water well supply systems. The contractor is required to comply with all
applicable standards for such installation, must adhere to applicable rules,
and is responsible for filing all work reports for such work performed under
his/her license.
6.4
License Application- An applicant for a well construction or pump installation
contractor's license must specify to the Board the methods of well construction
or pump installation for which the applicant is seeking a license. Once
licensed in one of the above methods of water well construction, an applicant
is eligible without further experience to take an examination for another
listed method of well construction. Once licensed in one of the above
categories of pump installation, an applicant is eligible without further
experience to take an examination for another listed category of pump
installation.
6.4.1 An applicant must
demonstrate, to the satisfaction of the Board, two (2) years' active experience
in the type of well construction work or pump installation work for which the
applicant is applying to be licensed. The two (2) years' active experience
means at least twenty-four (24) months of on-site, hands-on activities that
directly result in the construction of a well or installation of pumping
equipment. Work experience should result in the ability to solve well
construction or pump installation problems, and to demonstrate knowledge of and
ability to operate well construction or pump installation equipment. Applicable
military experience in well construction or pump installation work may apply
toward the required experience.
6.4.2 The applicant will be required to
provide evidence of such experience and employment verification and may be
required to provide information on the number of wells constructed or pumps
installed, a detailed description of the work performed related to well
construction or pump installation, and any problems encountered and solutions
developed during well construction or pump installation. The Board may consider
the listing of the applicant as an employee of a licensee under Rule 6.1.3 as
evidence of the required experience.
6.4.3 Pursuant to section
37-91-105(2)(d)(III),
C.R.S. (2017), the Board may accept education in an accredited program for a
portion of the required experience. The Board may also accept related subject
matter education and training for a portion of the required experience. Such
training or education must be completed satisfactorily with a grade point
average of 2.0 of a possible 4.0, or above, from a Board-approved educational
program, curriculum, school, or institution. The amount of credit for education
may not exceed one (1) year of experience. Generally, the satisfactory
completion of four (4) full semesters or an equivalent thereof, will count as
one (1) year of experience.
6.4.4
An applicant who has not received a license within two (2) years of initial
submittal of the application must reapply.
6.5 Special License- The Board may issue a
special license for well construction or pump installation methods other than
those listed in Rules 6.2 and 6.3 or to perform specialized work on wells. Such
license will specify the limited work allowed to be performed (e.g., monitoring
well or hole construction, infiltration gallery or gallery-type well
construction, installation of cylinder pumps, formation fracturing, cistern
installation, etc.).
6.5.1 The applicant must
make written application specifying the type of special license requested and
identifying the type of equipment and installation methods to be used. Based
thereon, the Board will administer an examination it deems necessary for the
issuance of such license.
6.5.2 A
special license holder will be limited to the methods of well construction,
pump installation, cistern installation, or use of special equipment and
procedures as stated on the license.
6.5.3 A special licensee will not be entitled
to take an examination for another method of well construction or type of pump
installation without meeting the statutory requirements for such license and
having experience in such method as required by the statutes and Rules for
initial licensing.
6.5.4 A special
license holder must comply with all statutory requirements and applicable
provisions of the Water Well Construction Rules (2 CCR 402-2) and these
Rules.
6.6 Examination-
An applicant for a license must demonstrate professional competence by passing
the written and oral examinations prescribed by the Board. The written
examination(s) will test an applicant's technical knowledge of drilling and/or
pump installation methods and knowledge of applicable state laws concerning the
construction of wells or the installation of pumping equipment, or both, and
rules promulgated in connection therewith.
6.6.1 Test results from examinations
conducted by or recognized by the Board are valid for a period of two (2) years
from the date of examination.
6.7 Private Driller and Private Pump
Installer- The statutes provide an exemption from licensing provisions for a
"private driller" (section
37-91-102(12))
and "private pump installer" (section
37-91-102 (12.5)).
6.7.1 Work conducted by a private driller
and/or private pump installer must comply with all applicable statutory
provisions of Article 91 of Title 37, the requirements of the Water Well
Construction Rules (2 CCR 402-2), and all other applicable federal, state, and
local regulations.
6.8
License renewal- Licensed contractors must renew their license annually or may
elect to renew at two or three-year intervals. The license renewal fee for a
license issued for a two-year period will be twice the annual fee amount. The
license renewal fee for a license issued for a three-year period will be three
times the annual fee amount. All renewal fees must be paid at the time of
license renewal for the duration of the license.
6.8.1 For license renewal, the period of
financial responsibility, as described in Rule 7, must be maintained for the
duration of renewal of the license.
6.8.2 Regardless of the renewal period of a
license, a Certificate of Completion (see Rule 4.2.5) for continuing education
must be filed with the Board by January 15 of each year. If a contractor fails
to fulfill the continuing education training requirement and to submit a
Certificate of Completion by January 15 of each year, the license will lapse on
February 1.
6.8.2.1 A license that is lapsed
for failure to fulfill the continuing education training requirement and to
file a Certificate of Completion by January 15 will remain lapsed until:
(1) the licensee has fulfilled the continuing
education requirement, submitted the Certificate of Completion and has paid a
reinstatement fee; and
(2) the
Board determines that the contractor has fulfilled his/her continuing education
training requirement, submitted the Certificate of Completion and paid a
reinstatement fee, and the Board has notified the contractor in writing that
the license is reinstated. Continuing education completed for the reinstatement
of a lapsed license cannot be applied toward the continuing education
requirement for the next license renewal period
