Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-2 - RULES AND REGULATIONS FOR WATER WELL CONSTRUCTION, PUMP INSTALLATION, CISTERN INSTALLATION, AND MONITORING AND OBSERVATION HOLE/WELL CONSTRUCTION
14 - MINIMUM CONSTRUCTION STANDARDS FOR MONITORING AND OBSERVATION WELLS, MONITORING AND OBSERVATION HOLES, AND TEST HOLES

Universal Citation: 2 CO Code Regs 402-2 ยง 14

Current through Register Vol. 47, No. 17, September 10, 2024

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(4). The purpose of this Rule is to establish minimum construction standards for certain types of holes and wells that may be constructed by authorized individuals who are not specifically licensed by the Board.

14.1 General - Monitoring and observation wells and monitoring and observation holes are primarily used for observing groundwater levels and flow conditions, obtaining samples for determining groundwater quality, and for evaluating hydraulic properties of water-bearing strata. Test holes are primarily used for conducting geotechnical or geological investigations. See Section 37-91-102 (10.5) and (15.7), C.R.S., and Rule 5.2 for definitions and authorized uses for each type of structure.

14.1.1 If the holes do not penetrate a confining layer, monitoring and observation holes or wells, and test holes may be constructed by an authorized individual (see Rule 5.2.3 and Rule 9), a licensed well construction contractor, or a private driller (see Section 37-91-102(12), C.R.S). Rules 6, 7, 9, 14 and 17 for licensing, notification and reporting requirements (summarized in Table 1). Monitoring and observation holes or wells and test holes that penetrate a confining layer between two distinct aquifers may not be constructed by an authorized individual. All holes or wells that penetrate a confining layer between two distinct aquifers must be drilled by a licensed contractor and must comply with the standards of Rule 10.

14.1.2 All monitoring and observation holes or wells and test holes must comply with the construction standards and plugging, sealing, and abandonment standards specified in these Rules. Notice and reporting requirements for compliance with this Rule 14 are stated in Rule 9.2 . The person authorized to construct and to plug, seal, and abandon monitoring and observation holes and test holes must ensure that the proper notice has been provided to the State Engineer pursuant to Rule 6.3, keep accurate records of work performed, and submit the required reports to the State Engineer (see Rule 17).

14.1.3 Prior to starting construction, all persons authorized to construct monitoring and observation holes or wells or test holes must investigate and become familiar with the geology and hydrogeology of the area, potential aquifers, confining layers, anticipated water quality problems, and known contaminated water-bearing zones which may be encountered in the area of the proposed drilling activity.

14.1.4 When hazardous contaminants are known or suspected to be encountered during construction, the authorized individual, licensed contractor, or private driller is responsible for ensuring that all personnel on site are adequately trained and that proper safety equipment is provided to handle and contain those substances.

14.1.5 Drill cuttings and wastewater from monitoring and observation wells/holes or test holes in areas of known or suspected contamination must be managed in accordance with all applicable federal, state, and local regulations or laws.

14.1.6 All wells and boreholes, when unattended, must be securely sealed, capped, or covered to ensure protection of the groundwater resource. During construction, it is the responsibility of the person constructing the hole or well to ensure the borehole is securely covered when unattended. Upon completion of construction, the hole or well must be securely sealed or capped by the person responsible for construction. Thereafter, it is the responsibility of the hole or well owner to ensure that the hole or well remains securely sealed or capped.

14.1.7 Authorized individuals and well construction or pump installation contractors who encounter a monitoring and observation hole or well that appears not to meet the standards of these Rules, or a damaged monitoring and observation hole or well, or an open and unattended hole or well, must notify the Board of Examiners in writing of the location of such holes or wells.

14.2 Monitoring and Observation Holes/Wells - Monitoring and observation holes constructed pursuant to notice as provided in Rule 6.3 and in accordance with the standards of this Rule 14 may only be used for those purposes described in Section 37-91-102 (10.5) and may not be converted to production wells for beneficial use. A monitoring and observation well must be permitted by the State Engineer, and may be used for the purposes described in Rule 5.2.31 and section 37-91-102 (10.5), C.R.S. A monitoring and observation hole may only be converted to a monitoring and observation well, recovery well for remediation of the aquifer, or a dewatering system for dewatering the aquifer, if such conversion is approved and permitted by the State Engineer.

14.2.1 Monitoring and Observation Hole - Prior to the start of construction of any monitoring and observation hole (see Rule 5.2.30 for definition), the State Engineer must be notified pursuant to Rule 6.3 . The authorized individual, owner of the monitoring and observation hole, or the owner's technical representative (i.e. consultant) is responsible for providing the required notice. The monitoring and observation hole must be constructed within ninety (90) days of giving such notice.
14.2.1.1 Construction of a monitoring and observation hole must be completed within 72 hours after drilling the borehole, unless the contractor or authorized individual has obtained approval from the Board of Examiners for an extension of time to complete the construction.

14.2.1.2 A monitoring and observation hole that will exist for more than eighteen (18) months must be permitted by the State Engineer as a monitoring and observation well.

14.2.1.3 The individual who submitted the notice of intent for the monitoring and observation hole must notify the owner, in writing, that a permit from the State Engineer must be obtained for the monitoring and observation hole or that the hole must be properly plugged, sealed, and abandoned within eighteen (18) months of the date the monitoring and observation hole is constructed.

14.2.2 Monitoring and Observation Well - All monitoring and observation wells must be permitted by the State Engineer. The well owner or the well owner's authorized agent is responsible for obtaining the Monitoring/Observation Well Permit, and may obtain the Monitoring/Observation Well Permit from the State Engineer prior to the construction of a monitoring and observation well, if the owner expects or knows that the structure will exist for more than eighteen (18) months or expects that the structure will be converted to a production well.
14.2.2.1 A monitoring well constructed after obtaining the proper monitoring well permit from the State Engineer may only be converted to a production well if a permit to use groundwater has been obtained from the State Engineer and if the well was constructed by a licensed well construction contractor in accordance with the well construction standards of Rule 10.

14.2.2.2 A monitoring and observation well that was originally constructed under a notice of intent as a monitoring and observation hole may not be converted to a production well.

14.2.2.3 All monitoring and observation wells must be plugged, sealed, and abandoned upon completion of the intended purposes of the well.

14.2.3 A copy of the applicable notice or permit obtained from the State Engineer must be available at the construction site at all times during construction of a monitoring and observation hole or well. Monitoring and observation wells or holes may not be constructed without proper notice, a permit, or emergency approval from the State Engineer.

14.2.4 Location - Monitoring and observation holes or wells must be located to allow access for maintenance, modification, repair, and plugging, sealing and abandonment. When selecting the location, the contractor or authorized individual must consider the topography, drainage and other on-site conditions in order to promote groundwater protection and public safety.

14.2.5 Damaged Holes or Wells - The owner of the monitoring and observation hole or well is responsible for the repair, replacement or plugging, sealing and abandonment of any damaged monitoring and observation hole or well.

14.2.6 The responsible individual (see Rule 9.1) must submit all work reports within sixty (60) days after completion of construction of the monitoring and observation well or hole in accordance with Rule 17.

14.3 Monitoring and Observation Hole/Well Construction Standards - The construction of monitoring and observation wells or holes must be generally consistent with the examples of acceptable construction shown on Figure 7, unless the monitoring and observation well will be converted to a production well (see Rule 14.2.2).

14.3.1 Locking Cover - The top of a monitoring and observation hole or well must be protected by a locking cover or equivalent level of protection to prevent unauthorized access.

14.3.2 Casing Cap - The top of a monitoring and observation hole or well must be fitted with a cap or "sanitary seal" to prevent surface water, pollutants, or contaminants from entering the hole or well. Openings or passages for water level measurement, venting, pump power cables, discharge tubing, and other access must prevent entry of surface water, pollutants, and contaminants.

14.3.3 Wellhead Completion - The top of the well casing must terminate at least one (1) foot above ground surface, except where site conditions, such as vehicular traffic, will not allow. PVC casing must not be exposed above ground surface. Steel surface casing or well vaults are acceptable wellhead completion designs.

14.3.4 Bases for Monitoring and Observation Wells - A concrete base or pad must be constructed around the top of the casing of a monitoring and observation well at ground surface and contact the annular seal, unless the top of the casing is below ground surface as provided by Rule 14.3.5 . The base must be at least 4 inches thick and must slope to drain away from the well casing. The base must extend at least two feet laterally in all directions from the outside of the well boring.
14.3.4.1 The base must be free of cracks, voids, and other significant defects likely to prevent water tightness. Contacts between the base and the annular seal, and the base and the well casing, must be watertight and must not cause the failure of the well casing or annular seal.

14.3.4.2 Where cement-based annular sealing material is used, the concrete base must be poured before the annular seal has set.

14.3.5 Vaults - The top of the well or hole casing may be below ground surface if justified by traffic or other critical considerations. A structurally-sound watertight vault or equivalent structure must be installed to house the top of the annular seal to at least ground surface. The top of the annular seal must not be more than 4 feet below ground surface.
14.3.5.1 The vault must contact the annular seal in a manner to form a watertight and structurally-sound connection. Placement of the vault must not cause the failure of the well casing or annular seal.

14.3.5.2 Where cement-based annular seal materials are used, the vault must be set into or contact the annular seal material before it sets. If bentonite-based sealing material is used for the annular seal, the vault must be set into the bentonite before the bentonite is fully hydrated.

14.3.5.3 Cement-based sealing material must be placed between the outer wall of the vault and the excavation into which it is placed to form a structurally sound foundation for the vault, and to seal the space between the vault and excavation.

14.3.5.4 Sealing material surrounding a vault must extend from the top of the annular seal to ground surface. If cement-based sealing material is used for both the annular seal and the space between the excavation and vault, the sealing material must be placed in a continuous pour. In other words, cement-based sealing material must be placed between the vault and excavation and contact the cement-based annular seal before the annular seal has set.

14.3.5.5 The vault cover or lid must be watertight but must allow the venting of gases. The lid must be fitted with a security device to prevent unauthorized access. The lid must be clearly and permanently marked "MONITORING WELL". The vault and its lid must be strong enough to support vehicular traffic where such traffic might occur.

14.3.5.6 The top of the vault must be set at or above grade so drainage is away from the vault. The top of the well casing contained within the vault must be covered in accordance with requirements of Rules 14.3.1 and 14.3.2 so that water, contaminants, or pollutants will not enter the well casing.

14.3.6 Protection from Vehicles and Livestock - Protective steel posts, or the equivalent, must be installed around a monitoring and observation hole or well casing where it terminates above ground surface in areas of vehicular traffic. The posts must be highly visible and must protect the hole or well from vehicular impact. At locations where livestock have access to the hole or well site, monitoring and observation holes and wells must be enclosed by fencing or structure adequate to prevent livestock from contacting and damaging the hole or well.

FIGURE 7

MONITORING AND OBSERVATION HOLES/WELLS

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Figure 7. Schematic diagrams of typical monitoring and observation hole/well designs.

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14.4 Installation of Pumping Equipment - Aquifer testing and/or test pumping of any monitoring and observation hole or well must not exceed a cumulative total of two hundred (200) hours unless prior written approval for additional testing is obtained from the State Engineer. The well owner or his or her agent are responsible for obtaining appropriate permits and complying with all rules and regulations pertaining to the discharge of all fluids produced during the testing.

14.4.1 Test pumping equipment may be installed in a monitoring and observation hole or well by an authorized individual, well construction or pump installation contractor, or well owner. The person installing the equipment must notify the State Engineer within 72 hours of when pumping equipment is installed in a monitoring and observation hole or well if such equipment is to remain in the hole/well for a period exceeding 72 hours.

14.4.2 The installation of test pumping equipment in a monitoring and observation hole or well must comply with the applicable provisions of Rule 13 and Rule 15.

14.4.3 Water level data and/or water sample analyses obtained from a monitoring and observation hole or well must be submitted to the State Engineer upon request.

14.4.4 Monitoring and observation holes and wells, dewatering wells, and recovery wells are exempt from the disinfection standards of Rule 15 if disinfection conflicts with the purpose of the well.

14.5 Test Holes - Test holes are defined at section 37-91-102 (15.7), C.R.S., in Rule 5.2.51, and Table 1 and are administered in accordance with the requirements of the State Engineer.

14.5.1 Test holes that penetrate through a confining layer between two distinct aquifers
a. Require a notice of intent be submitted to the State Engineer prior to construction

b. Require a lithologic log and construction report be submitted to the State Engineer

14.5.2 Test holes that do not penetrate through a confining layer
a. Do not require a notice of intent be submitted to the State Engineer prior to construction

b. Do not require a lithologic log and construction report be submitted to the State Engineer

14.5.3 When unattended, test holes must be securely sealed, capped, or covered.

14.5.4 Test holes must be plugged, sealed, and abandoned upon completion of the intended purposes of the test hole.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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