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);
37-91-102;
37-91-104(1)(c),
(j), & (k);
37-91-106(3)
& (4); and
37-91-110(2),
C.R.S. The purpose of this Rule is to identify the terms used throughout the
Rules.
5.2
Specific Definitions - Unless expressly stated otherwise, the
following terms when used in these Rules have the meaning indicated in this
Rule. Terms used in the singular include the plural.
5.2.1
"Annular space," or
"annulus" means the space surrounding a cylindrical object within
a cylinder, such as the space between the drill pipe or casing and the borehole
wall. For example, a borehole with a 10-inch diameter, and a 7-inch
outer-diameter casing, will have a 11/2-inch annular space. See Figure 1,
below.
FIGURE 1 ANNULAR SPACE
Click to view
image
Figure 1: "Annular Space" is the distance marked
"x"
5.2.2
"Aquifer" means a hydrogeologic unit or interval of consolidated
and/or unconsolidated geologic material that is capable of storing and
transmitting water. "Aquifer" includes both the saturated and unsaturated
interval but does not include the confining layer that separates aquifers.
These rules provide different construction requirements for three general
classifications of aquifers (Types I-III) and one particular aquifer
(Laramie-Fox Hills).
5.2.2.1
"Type I
aquifer" means an aquifer that is overlain by a confining layer of
relatively impermeable geologic material. A Type I Aquifer may also be known as
a confined aquifer.
5.2.2.2
"Type II aquifer" means an aquifer consisting of consolidated
geologic material or crystalline rock that is not overlain by a confining
layer. A Type II Aquifer may also be known as an unconfined bedrock
aquifer.
5.2.2.3
"Type III
aquifer" means an aquifer that consists of unconsolidated geologic
material including alluvial, colluvial or other unconsolidated materials. Type
III aquifers may contain localized impermeable layers that do not act as
hydraulic boundaries between distinct aquifers. A common example of a Type III
aquifer is an alluvial aquifer.
5.2.2.4
"Laramie-Fox Hills
aquifer" means that aquifer found below the shales of the Laramie
Formation and above the Pierre Shale, including the basal sandstone units of
the Laramie Formation and the siltstones and sandstones of the Fox Hills
Sandstone.
5.2.3
"Authorized individual" means a professional engineer registered
in Colorado, a professional geologist as defined in section
23-41-208(b),
C.R.S., or a person directly employed by or under the supervision of a
registered professional engineer or professional geologist. Alternately, an
individual may be designated an Authorized Individual by the Board upon
presentation and approval of qualifications. "Professional geologist" is
defined in section
23-41-208(b),
C.R.S. as "a person engaged in the practice of geology who is a graduate of an
institution of higher education which is accredited by a regional or national
accrediting agency, with a minimum of thirty semester (forty-five quarter)
hours of undergraduate or graduate work in a field of geology and whose post
baccalaureate training has been in the field of geology with a specific record
of an additional five years of geological experience to include no more than
two years of graduate work."
5.2.4
"Bedrock" means consolidated crystalline or sedimentary
rock.
5.2.5
"Board"
means the state Board of Examiners of Water Well Construction and Pump
Installation Contractors created by section
37-91-103. §
37-91-102(3),
C.R.S.
5.2.6
"Borehole" means a cylindrical excavation that is augered,
drilled, bored, cored, washed, fractured, driven, dug, jetted, or otherwise
constructed to access the subsurface for the purpose of constructing a hole or
well under the jurisdiction of these Rules.
5.2.7
"Casing" means the pipe
installed to prevent collapse of and provide access to the borehole. The term
includes both nonperforated ("solid") pipe, perforated pipe, liner, and
screen.
5.2.8
"Centralizer" means a device attached to the outside of casing for
the purpose of centering it within a borehole or outer casing.
5.2.9
"Cistern" means an
enclosed, unpressurized reservoir or tank for storing water as part of a water
well supply system.
5.2.10
"Completion of pump installation" means that the production
equipment has been installed in a well, all necessary equipment has been
connected, the well has been disinfected, the production equipment has been
tested, and the well is ready to be placed into service.
5.2.11
"Completion of well
construction" means that the well has been cased, developed, tested for
yield, cleaned, disinfected, and is ready for the installation of the
production equipment.
5.2.12
"Confining layer" means a geologic zone that, because of its
impermeability or low permeability, separates and inhibits the flow of
groundwater between distinct or administratively-defined aquifers (aquifers
identified in permits issued by the State Engineer).
5.2.13
"Construction of wells"
means "any act undertaken at the well site for the establishment or
modification of a well, including, without limitation, the location of the well
and the excavation or fracturing thereof but not including surveying or other
acts preparatory thereto, site preparation and modification or site
modification, or the installation of pumping equipment." §
37-91-102(4),
C.R.S.
5.2.14
"Contaminant" means any chemical or organic material, live
organisms, radioactive material or heated or cooled water that will adversely
affect the quality of water.
5.2.15
"Contamination" means the introduction of contaminants.
5.2.16
"Contracting" means
undertaking, offering, bartering, or bargaining to undertake for another any
activity regulated by the Board under these Rules by any person, firm,
corporation, partnership, association, or other organization.
5.2.17
"Contractor" means any
person authorized to perform an activity regulated by the Board under these
Rules.
5.2.18
"Dewatering
system" means a permanent well, drain, sump or other excavation
constructed for the purpose of keeping the water table below a desired level or
elevation where the water produced is not put to beneficial use.
Note: A dewatering system is not the same as a "dewatering well"
defined by section
37-91-102 (4.5), C.R.S.
5.2.19
"Dewatering well"
"includes any excavation that is drilled, cored, bored, washed, fractured,
driven, dug, jetted, or otherwise constructed when the intended use of such
excavation is for temporary dewatering purposes for construction only." §
37-91-102 (4.5), C.R.S.
5.2.20
"Directly employed" means
"engaged in employment where the employer is responsible for and directly
controls the performance of the employee, and, where applicable, the employee
is covered by workers' compensation and unemployment compensation. 'Directly
employed' does not refer to independent contractors or subcontractors." §
37-91-102 (4.7), C.R.S.
5.2.21
"Filter pack", also
referred to as "gravel pack", means selected granular materials placed in the
annular space between the borehole wall and casing to reduce the amount of
solid material entering the perforated casing or screen.
5.2.22
"Groundwater" or "ground
water" means "any water not visible on the surface of the ground under
natural conditions." §
37-91-102(7),
C.R.S. In these Rules, the term "groundwater" has the same meaning as defined
at section
37-91-102(7),
C.R.S.
5.2.23
"Grout"
means any material, approved by the Board, that is used to form a permanent
impermeable seal in the annulus between the casing and the borehole wall or
between two strings of casing, or that is used in plugging, sealing, and
abandoning a borehole or well. See Rule 10.5.1.
5.2.24
"Grouting" means the
process by which grout is placed in the borehole or casing.
5.2.25
"Hydraulic fracturing of a water
well" means the treatment of a water well by the application of fluid or
other substance or fluid additive under pressure that is expressly designed to
initiate or propagate fractures in the permitted production interval to enhance
the flow or production of water in that interval.
5.2.26
"Installation of pumping
equipment" means "the selection, placement, and preparation for
operation of pumping equipment, including all construction involved in entering
the well and establishing well seals and safeguards to protect groundwater from
contamination." §
37-91-102(8),
C.R.S.
5.2.27
"Laramie-Fox
Hills aquifer" is defined above in Rule 5.2.2.4.
5.2.28
"License" means "the
document issued by the Board to qualified persons making application therefor,
pursuant to section
37-91-105, authorizing such
persons to engage in one or more methods of well construction or pump
installation or any combination of such methods." §
37-91-102(10),
C.R.S.
5.2.29
"Lithologic
log" means a written geologic description of the type, color, and
character of the soil and rock materials penetrated by the drilling procedure
or activity.
5.2.30
"Monitoring and observation hole" means a temporary well
constructed for the purpose of repeated observations, measurements, or
samplings of groundwater. Temporary wells completed for environmental
groundwater investigations are monitoring and observation holes. A monitoring
and observation hole may only be constructed upon a notice of intent.
See Rules 6.3 & 14.2.1 . A monitoring and observation hole
must be plugged, sealed, and abandoned in less than eighteen (18) months from
the date it was constructed unless a permit for a monitoring and observation
well has been obtained from the State Engineer. See Rule
14.2.1. A monitoring and observation hole is not a test hole (see Rule 5.2.51
for definition of "test hole").
5.2.31
"Monitoring and observation
well" "includes any excavation that is drilled, cored, bored, washed,
fractured, driven, dug, jetted, or otherwise constructed when the intended use
of such excavation is for locating such well, pumping equipment or aquifer
testing, monitoring groundwater, or collection of water quality samples."
§
37-91-102 (10.5), C.R.S. A
monitoring and observation well must be permitted by the State Engineer.
See
§
37-90-105(1)(d),
C.R.S.; §
37-92-602(1)(f),
C.R.S.; and Rule 14.2.2.
5.2.32
"Nested well" means the installation of two or more casings in a
single borehole or excavation for completion of more than one
interval.
5.2.33
"Notice of
intent" refers to the forms of the State Engineer titled "Notice of
Intent to Construct a Monitoring Hole(s)," and "Notice of Intent to Construct
Dewatering Wells," which requires no less than seventy-two (72) hours' notice,
including one business day, for construction of certain types of structures.
See Rule 6.3.
5.2.34
"Person" means "an
individual, a partnership, a corporation, a municipality, the state, the United
States, or any other legal entity, public or private." §
37-91-102 (11.5), C.R.S.
5.2.35
"Piezometer hole" means a
small-diameter monitoring and observation hole or well that is constructed for
the sole purpose of monitoring or measuring water pressure or water level
elevation.
5.2.36
"Pitless
adapter" means a device that is designed to attach to well casing in
order to permit water service pipes to pass through the wall of a well casing
but prevent entrance of contaminants into the well or water supply.
5.2.37
"Pitless unit" means a
commercially-manufactured assembly, or other unit approved by the Board,
designed to be attached to the well casing with an integral mechanical seal
below ground level, that will permit water service pipes to be connected to the
well but will prevent the entry of contaminants into the well or the water
supply.
5.2.38
"Plugged,
sealed, and abandoned well" means a well that has been filled and
grouted to (1) prevent the entry of contaminants from the surface into the
well, (2) prevent the movement of fluids between aquifers through the borehole,
(3) maintain natural protection against pollution of water-bearing formations,
and (4) exclude known sources of contamination, as required by section
37-91-110(1)(a)(III),
C.R.S.
5.2.39
"Positive
displacement" means a procedure whereby a material such as grout is
first introduced at the bottom of an interval and is pumped or placed upward
through the interval, displacing fluids within the interval.
5.2.40
"Private driller" means
"any individual, corporation, partnership, association, political subdivision,
or public agency, that uses equipment owned by it to dig, drill, redrill, case,
recase, deepen, or excavate a well entirely for its own use upon property owned
by it." §
37-91-102(12),
C.R.S. Private Driller typically refers to a well owner who uses his or her own
equipment (not rented, leased, or hired) to construct or repair a well located
on land he or she owns (not rented or leased).
5.2.41
"Private pump installer"
means "any individual, corporation, partnership, association, political
subdivision, or public agency that uses equipment owned by it to install
pumping equipment on a well entirely for its own use on property owned by it."
§
37-91-102 (12.5), C.R.S.
5.2.42
"Producing aquifer," or
"production zone" means that portion of the permitted or authorized
aquifer (as stated on the well permit) that consists of permeable geologic
material.
5.2.43
"Pumping
equipment" means "any pump or related equipment used or intended for use
in withdrawing or obtaining ground water, including, but not limited to, well
seals, pitless adapters, and other safeguards to protect the ground water from
contamination and any waterlines up to and including the pressure tank and any
coupling appurtenant thereto." §
37-91-102(13),
C.R.S.
5.2.44
"Pump
installation contractor" means "any person licensed to install, remove,
modify, or repair pumping equipment for compensation." §
37-91-102(14),
C.R.S.
5.2.45
"PVC
casing" means polyvinyl chloride casing as specified in ASTM Standard
F480-14 (2014, Thermoplastic Well Casing Pipe) that is clearly marked by the
manufacturer as "well casing".
5.2.46
"Recovery well" means a
well which is constructed specifically for aquifer remediation, or for the
removal of contaminants from an aquifer.
5.2.47
"Repair" means "any
change, replacement, or other alteration of any well or pumping equipment which
requires a breaking or opening of the well seal or any waterlines up to and
including the pressure tank and any coupling appurtenant thereto." §
37-91-102(15),
C.R.S.
5.2.48
"Replacement
well" means "a new well which replaces an existing well and which shall
be limited to the yield of the original well and shall take the date of
priority of the original well, which shall be abandoned upon completion of the
new well." §
37-90-103(13),
C.R.S. All replacement wells must be properly permitted by the State
Engineer.
5.2.49
"Static
water level" means the water level in a well when there is less than one
(1) foot difference between two (2) consecutive water level measurements taken
at least sixty (60) minutes apart.
5.2.50
"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), C.R.S.
5.2.51
"Test hole" "includes any
excavation that is drilled, cored, bored, washed, fractured, driven, dug,
jetted, or otherwise constructed when the intended use of such excavation is
for geotechnical, geophysical, or geologic investigation or soil- or
rock-sampling." §
37-91-102 (15.7), C.R.S. Test
holes must be properly plugged, sealed, and abandoned upon the completion of
the geotechnical, geophysical, or geologic investigation or soil- or
rock-sampling. Any test hole that penetrates through a confining layer between
two distinct aquifers must be constructed by a licensed contractor pursuant to
a Notice of Intent filed with the State Engineer.
See Rule
6.3.
Any borehole constructed or used for environmental
groundwater investigations, or repeated groundwater observations, measurements,
or samplings, is a monitoring and observation hole or well (5.2.30 or 5.2.31),
not a test hole, and may only be constructed under a notice of intent or well
permit. See Rules 6.3 & 14.2.1.
5.2.52
"Type I aquifer" is
defined above at Rule 5.2.2.1.
5.2.53
"Type II aquifer" is
defined above at Rule 5.2.2.2.
5.2.54
"Type III aquifer" is
defined above at Rule 5.2.2.3.
5.2.55
"Valid permit" means a
well permit issued by the State Engineer that has not been cancelled and for
which (1) when issued in accordance with section
37-92-602, C.R.S. (exempt wells)
the completion of well construction is accomplished prior to the permit
expiration date; or, (2) for all other wells (non-exempt wells), the completion
of well construction or pump installation is accomplished on or before the
permit expiration date. The State Engineer has the exclusive administrative
authority to determine whether or not a well permit is valid.
5.2.56
"Water well supply
system" includes all components of a groundwater well, pump, drop pipe,
pitless adapters or units, other pumping equipment, storage tanks or cisterns,
and piping and connections between the well and its point of discharge from the
pressure tank, if such a tank is installed.
5.2.57
"Watertight" means a
condition that does not allow the entrance, passage, or flow of water under
normal operating conditions.
5.2.58
"Well" as used in these Rules, "means any test hole or other
excavation that is drilled, cored, bored, washed, fractured, driven, dug,
jetted, or otherwise constructed for the purpose of location, monitoring,
dewatering, observation, diversion, artificial recharge, or acquisition of
ground water for beneficial use or for conducting pumping equipment or aquifer
tests." §
37-91-102(16)(a),
C.R.S.
5.2.58.1
"Well", as used
in these Rules, does not include "an excavation made for the purpose of
obtaining or prospecting for minerals or those wells subject to the
jurisdiction of the oil and gas conservation commission, as provided in article
60 of title 34, C.R.S., or those wells subject to the jurisdiction of the
office of mined land reclamation, as provided in article 33 of title 34,
C.R.S." §
37-91-102(16)(b)(I),
C.R.S.
5.2.58.2
"Well", as used in these Rules, "does not include a naturally
flowing spring or springs where the natural spring discharge is captured or
concentrated by installation of a near-surface structure or device less than
ten feet in depth located at or within fifty feet of the spring or springs'
natural discharge point and the water is conveyed directly by gravity flow or
into a separate sump or storage, if the owner obtains a water right for such
structure or device as a spring pursuant to article 92 of this title." §
37-91-102(16)(b)(II),
C.R.S.
5.2.59
"Well construction contractor" means "any person licensed pursuant
to this article and responsible for the construction, test-pumping, or
development of wells, either by contract or for hire or for any consideration
whatsoever." §
37-91-102(17),
C.R.S.
5.2.60
"Well
owner" means any person or his or her agent who holds the title or other
property rights in or to a well.
5.2.61
"Well seal" means "an
approved arrangement or device used to cover a well or to establish and
maintain a junction between the casing or curbing of a well and the piping or
equipment installed therein, the purpose or function of which is to prevent
contaminated water or other material from entering the well at the upper
terminal." §
37-91-102(18),
C.R.S. (2014).
5.2.62
"Well
vault" means an underground structure or pit in which the well casing
terminates below ground surface.
5.2.63
"Well yield estimate"
means a procedure designed to accurately estimate stabilized well production
rate. Acceptable procedures include, but are not limited to, air-lifting or
bailing.
5.2.64
"Well yield
test" means a procedure conducted to determine a stabilized drawdown and
production rate of a well.