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
6 - GENERAL RULES

Universal Citation: 2 CO Code Regs 402-2 ยง 6

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); and 37-91-110(2), C.R.S. The purpose of this Rule is to implement general statutory provisions that apply to well construction and the installation of pumping equipment. Rule 6 also advises contractors of certain State Engineer's notice and permitting requirements.

* 6.1 The process for obtaining and maintaining a license for the construction of wells or the installation of pumping equipment or cisterns, or any special licenses issued pursuant to the Board's authority in section 37-91-105 (2.5), C.R.S., is codified in the Board's Rules and Regulations for Administration of Licensing, Financial Responsibility, Continuing Education and Remedial Action, 2 CCR 402-14.

6.2 Compliance with Well Permits

6.2.1 No well may be constructed, repaired, replaced, or modified, unless the well is associated with a valid well permit issued by the State Engineer. (see Sections 37-90-105(3)(a)(I), 37-90-107, 37-90-108, 37-90-137(1), 37-90-138(3), and 37-92-602(3)(a), C.R.S.). For those wells that are permitted, the State Engineer requires that a new well permit be obtained prior to:
a. changing the producing and/or grout interval of an existing well,

b. installing certain dewatering systems as specified by the State Engineer,

c. installing pumping equipment that will allow a sustained production rate in excess of the permitted production rate.

The extraction of casing or pumping equipment for the purpose of repair or replacement does not require a new permit if the interval of perforated casing is not altered and the production rate does not exceed the rate specified on the existing valid well permit.

6.2.2 As further defined in Rules 6.2.2.1 and 6.2.2.2, it is the responsibility of the private driller, private pump installer, and all persons licensed to construct or repair wells, or to install, repair, modify, or replace pumping equipment, to determine that a valid permit issued by the State Engineer exists prior to and during all such work, if such well permit is required by the State Engineer.
6.2.2.1 A copy of the well permit must be available and posted at the well site at all times when a contractor is working on a new well or when performing any work that requires a well permit as specified in Rule 6.2.1 . All such work must comply with the conditions of approval of the valid well permit, including any applicable condition that the well construction and/or pump installation contractor provide advance notification to the State Engineer prior to well construction, the initial installation of the pump, or installation of a cistern connected to a water well supply system. All work must be completed prior to the expiration of the permit.

6.2.2.2 When performing repairs on an existing well in accordance with Rule 6.2.2, the private driller, private pump installer, or licensed contractor must make reasonable effort to comply with the requirements of Rule 6.2.2. If the private driller, private pump installer, or licensed contractor is unable to verify that a well permit exists or is required for the well, within thirty (30) days after performing the work, the individual must notify the State Engineer of performing work on the well and must provide information about the well on a form prescribed by the State Engineer.

6.2.3 Where a well has been constructed in accordance with a well permit issued by the State Engineer that authorized construction of the well at any location within a specified tract of land, the well construction contractor must submit the Well Construction and Test Report, including the as-built well location by UTM coordinates, within sixty (60) days of completion of the well.

6.3 Prior Notice of Dewatering Well, Monitoring and Observation Hole, and Test Hole-

In accordance with the requirements of the State Engineer, the Division of Water Resources must be provided with a Notice of Intent (see Rule 5.2.33) no less than 72 hours, including at least one standard business day, prior to the construction of the following:

any dewatering well;

any monitoring and observation hole; or

any test hole that will penetrate through a confining layer between two distinct or administratively defined aquifers.

The State Engineer requires notice be submitted in writing on the following forms available on the Division of Water Resources' website: Notice of Intent to Construct Monitoring Hole(s) or Notice of Intent to Construct Dewatering Wells. Any test hole that will penetrate through a confining layer between two distinct or administratively defined aquifers must use the Notice of Intent to Construct Monitoring Hole(s) form.

Any test hole or monitoring and observation hole that penetrates through a confining layer between two distinct or administratively defined aquifers may only be constructed by a licensed contractor. See Table 1 for a summary of notice, license, and permit requirements.

TABLE 1: SUMMARY OF LICENSING AND CONSTRUCTION AUTHORIZATION REQUIREMENTS

STRUCTURE

WHO MAY CONSTRUCT

REQUIRED AUTHORIZATION

Type of Well or Borehole

Licensed

Authorized Individual

Special License

Approved Well Permit

Approved Notice of Intent Form

BOREHOLE DOES NOT PENETRATE THROUGH A CONFINING LAYER*

Water well

X

X

Gallery/infiltration well

X

X

X

Monit./observ. well, recovery well, & certain dewatering system

X

X

X

X

Monit./observ. holes & dewatering wells

X

X

X

X

Test holes

X

X

X

BOREHOLE DOES PENETRATE THROUGH A CONFINING LAYER*

Water well

X

X

Monit./observ. well, recovery well & certain dewatering system

X

X

X

Monit./observ. hole and dewatering well

X

X

X

Test holes

X

X

X

*As defined in Rule 5.2.12, a confining layer between two distinct or administratively defined aquifers.

Notes:

1) This table summarizes minimum licensing requirements. A licensed contractor is authorized to construct all of the types of wells or holes indicated above. Special licenses may be obtained for certain types of specialized work or well construction, as allowed in Rule 6.5 of the Board's Rules and Regulations for Administration of Licensing, Financial Responsibility, Continuing Education and Remedial Action, 2 CCR 402-14. Persons who obtain a special license and authorized individuals are restricted to the type of work for which they are licensed or qualified.

2) Monitoring and observation holes constructed pursuant to notice as provided in Rule 6.3, or under a special license issued by the Board, may not be converted into water wells (see Rule 14). Monitoring and observation holes must be plugged and sealed within eighteen (18) months after being constructed (see Rule 16.4). The requirement to permit a monitoring and observation well also applies to any borehole that will remain in use for more than eighteen (18) months (e.g., long-term piezometers).

3) The requirements for test holes only apply to geotechnical boreholes that are not used for repeated measurements, observations, and samplings of groundwater (see Rules 5.2.5.1 & 14.5).
6.3.1 The authorized individual (see Rules 5.2.3 and 9.1) or the licensed well construction contractor is responsible for providing the necessary notice required for the construction of dewatering wells, test holes, and monitoring and observation holes.

6.3.2 The construction of any test hole penetrating through a confining layer, dewatering well, or monitoring and observation hole for which a Notice of Intent form was provided to the State Engineer pursuant to Rule 6.3 must be completed within ninety (90) days of the notice date.

6.3.3 Construction of a monitoring and observation hole must be completed within 72 hours after drilling the borehole (see Rule 14.2.1.1).

6.4 Emergency Authorization - Pursuant to the procedures of the State Engineer, the State Engineer or his or her designee may approve the construction of dewatering wells or monitoring and observation holes with less than the required notice upon the State Engineer's determination that such approval is warranted based on certain conditions, such as public safety, practical difficulties, or unusual hardship.

6.5 Requests for Well Site Information - Upon request by the State Engineer or his or her staff, all water well construction and pump installation contractors, authorized individuals, private drillers, and private pump installers must identify the permit number or other authorization and the location of any wells, test holes, cisterns connected to a water well supply system, or monitoring and observation holes or wells which that person expects to work on within a specified five (5) day period.

6.6 Compliance with Regulations - All well construction and pump and cistern installation must comply with the minimum standards in these Rules. Where federal, state, county, municipal or local government laws, regulations, or codes are more stringent than these Rules, or contain standards not covered by these Rules, then the contractor must comply with those laws, regulations, codes, or standards. The licensed well construction or pump installation contractor, authorized individual, private driller, or private pump installer is responsible for determining if such laws, regulations, codes, or other requirements exist and apply to the work being performed.

6.7 Products Containing Toxic Materials - Products, such as solder and fluxes, and materials, such as pipes and fittings, that contain any more than 0.25% lead are prohibited from being used in the construction, repair, rehabilitation, hydraulic fracturing of a water well, or abandonment of wells and holes. All pipe joint thread compounds must be lead-free.

6.8 Disposal of Fluids Resulting from Well Construction, Development and Disinfection - Fluids resulting from well construction, development or disinfection must not be discharged into the waters of the state without first obtaining a permit pursuant to the Colorado Discharge Permit System (CDPS) administered by the Colorado Department of Public Health and Environment. Fluid disposal by land application must not flow into or have the potential to flow into surface waters and must not impact aquatic life or groundwater. Fluid wastes may be disposed of by other proper means such as off-site transport for treatment and final disposal, evaporation ponds, or pumping to a sanitary sewer system with permission from the appropriate authorities.

6.9 Water Used for Well Construction and Stimulation - All water used during the construction, development, and stimulation, including hydraulic fracturing, of a well must be obtained from an approved public supply. If water is not readily available from such a public supply, the water may be obtained from a groundwater source or from a flowing surface water supply under the following conditions:

a. water obtained from a groundwater source must be disinfected with a minimum chlorine concentration of twenty five (25) mg/l (milligrams per liter);

b. in remote mountainous areas, where adequate public or groundwater sources are not readily available, water may be obtained from flowing surface waters, provided that such waters are located upstream from any sewer plant, feedlot, chemical storage area or other known sources of contamination. These surface waters must be disinfected by adding chlorine for a minimum concentration of one-hundred (100) mg/l (Fifty (50) mg/l when polymer or bentonite is used), with a contact time of one (1) hour and a residual concentration of ten (10) mg/l; or c. for reverse rotary construction, only when public or groundwater sources cannot provide sufficient volumes of drilling water, water may be obtained from flowing surface water supplies provided that such water is disinfected to a minimum chlorine concentration of twenty-five (25) mg/l or the well is disinfected in accordance with the provisions of Rule 6.9.1 (also see Rule 15.7).

6.9.1 Upon completion, all wells drilled, developed, or stimulated without using water obtained from a public supply source must be flushed, cleaned, and disinfected with a minimum chlorine concentration of five-hundred (500) mg/l. This disinfectant must remain in the well for a minimum of twelve (12) hours.

6.9.2 The use of water from wetland areas, lakes, ponds, or known contaminated groundwater sources is prohibited.

6.10 Drilling Fluids - All drilling fluids and drilling fluid additives must be appropriate for the purposes for which the well or hole will be constructed and must be specifically approved for use by the Board. A list of specifically approved drilling fluids and drilling fluid additives is available on the Board's website.

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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