Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-14 - RULES AND REGULATIONS FOR ADMINISTRATION OF LICENSING, FINANCIAL RESPONSIBILITY, CONTINUING EDUCATION AND REMEDIAL ACTION FOR WELL CONSTRUCTION AND PUMP INSTALLATION CONTRACTORS
STATEMENT OF BASIS AND PURPOSE
5 - General Rules

The statutory authority for this Rule is found under sections 37-91-104(1), 105(1), 107, and 111(1)(b), C.R.S. (2017).

Rule 5.1 . 1 requires the registration of certain rigs with the Board and the display of the contractor's license number on the rig. The Rule provides field personnel and the public the means to identify the licensee responsible for work being conducted using the equipment. The Rule was modified to require that each rig contain a copy of the Water Well Construction Rules. This will ensure the personnel on site have the ability to refer to the Rules if the licensed contractor is not on site. This Rule assists the Board's staff and State Engineer personnel in enforcing the licensing provisions of Article 91 of Title 37 and these Rules.

Rule 5.1 . 2 was added to outline the process for the reissuance or transfer of a retired license number. The Board determined that record maintenance, bond issuance, or contractor identification will not be adversely impacted if retired license numbers are reused. The Rule is adapted from BOE Policy 2000-2. Under section 37-91-104(1)(e), C.R.S. (2017), the Board has general authority regarding well construction and pump installation licenses.

Rule 5.2 establishes a requirement for inclusion of the contractor's license number when advertising to provide services, and differentiates between media sources considered to be utilized for advertising and those that are not. The Rule was modified to clarify that social media would be considered an advertisement, while data aggregator websites would not. The Rule also makes clear that it is a violation of section 37-91-111, C.R.S. (2017), to advertise to perform well construction or pump installation services for which a contractor is not licensed. This Rule is developed to assist the Board and its staff in enforcing the licensing provisions of Article 91 of Title 37 and to identify persons who may be illegally performing well construction and/or pump installation services without a license.

Rule 5.3 specifies when license application and renewal fees are due. To ensure that staff time is adequately compensated for processing and sending out the license application and renewal forms, the Board has determined that the new license application fee must be submitted at the time the application is requested, and that that renewal fee must be submitted with the renewal application.