Utah Administrative Code
Topic - Natural Resources
Title R655 - Natural Resources, Water Rights
Rule R655-4 - Water Wells
Section R655-4-10 - General Requirements

10.1.1 In some locations, the compliance with the following minimum standards will not result in a well being free from pollution or from being a source of subsurface leakage, waste, or contamination of the groundwater resource. Since it is impractical to try to prepare standards for every conceivable situation, the well driller or pump installer shall judge when to construct or otherwise perform work on wells under more stringent standards when such precautions are necessary to protect the groundwater supply and those using the well in question. Other state and local regulations pertaining to well drilling and construction, groundwater protection, isolation distances, also known as setbacks, from potential contamination sources or other structures or boundaries, and water quality and testing regulations may exist that are either more stringent than this rule or that specifically apply to a given situation or area. It is the licensee's responsibility to understand and apply other federal, state, and local regulations as applicable.

10.2.1 Well site locations are described by course and distance from outside section corners or quarter corners, based on a Section, Township, and Range Cadastral System, and by the Universal Transverse Mercator (UTM) coordinate system (NAD83 Map Datum) on all state engineer authorizations to drill, also known as Start Cards. However, the licensee should also be familiar with local zoning ordinances, or county boards of health requirements which may limit or restrict the actual well location and construction in relationship to property or structure boundaries and existing or proposed concentrated sources of pollution or contamination such as septic tanks, drain fields, sewer lines, stock corrals, or feed lots. The licensee should also be familiar with Title 54 Chapter 8a, Utah Underground Facilities Act, which requires subsurface excavators, including well drilling, to notify operators of underground utilities before to any subsurface excavation. Information on this requirement can be found by calling Blue Stakes Utility Notification Center at (800) 662-4111.

10.2.2 Regulated wells shall be drilled at the approved location as defined on the valid Start Card. The driller shall check the drilling location against the authorized location on the Start Card before the start of drilling to see if it matches the state-approved location listed on the Driller's Start Card. If the proposed well location does not match the state-approved well location, the driller shall notify the applicant and the state engineer's office. Drilling a well at an unapproved location is a violation.

10.3.1 If unusual conditions occur at a well site and compliance with this rule will not result in a satisfactory well or protection to the groundwater supply, a licensee shall request that special standards be prescribed for a particular well, also known as a variance request. The request for special standards shall be in writing and shall set forth the location of the well, the name of the owner, the unusual conditions existing at the well site, the reasons and justification that compliance with this rule and minimum standards will not result in a satisfactory well, and the proposed standards that the licensee believes will be more adequate for this particular well. If the state engineer finds that the proposed changes are in the best interest of the public, the state engineer will approve the proposed changes by assigning special standards for the particular well under consideration. At the Division's discretion, the licensee applying for the variance may be required to provide additional technical information justifying the variance. The variance request will be evaluated, and a response will be given within 14 days. In a public health emergency or other exceptional circumstance, verbal notification for a variance may be given. An emergency usually consists of a well failure resulting in a dry well or an unusable well. Driller convenience does not constitute an emergency.