17-50-103. Definitions.

17-50-103. Definitions. As used in this chapter: (1) “Abandoned water well” means a well whose use has been permanently discontinued or which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical; (2) “Apprentice” means a natural person who under the supervision of a registered pump installer or registered water well driller is obtaining the knowledge, skills, and abilities necessary to obtain a certificate of registration as a pump installer or water well driller; (3) “Apprenticeship program” means a program developed by the Commission on Water Well Construction pursuant to § 17-50-312 to develop certain minimum knowledge, skills, or abilities in those natural persons desiring registration as pump installers or water well drillers; (4) “Continuing education” means a program approved by the commission designed to provide certificate or license holders further knowledge, skills, or abilities in water well construction, pump installation, or related activities; (5) “Heat pump circulating pipe” means pipes that circulate fluid in heat pump wells and are a part of heat pump well construction but are not considered pumping equipment; (6)(A) “Heat pump wells” means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of obtaining or exchanging geothermal energy for use with ground water source air conditioning or heat pump systems. (B) The excavation may have pipes installed inside the excavation to circulate or discharge various fluids for the use and purpose set out in this subdivision (6), and the well may or may not be backfilled after excavation; (7) “Person” means any natural person, partnership, association, business trust, and public or private corporation; (8) “Pitless adapter” means an underground or above-ground discharge assembly that attaches directly to the well casing and extends the casing above the ground surface, providing a watertight subsurface connection for conducting water from the well, sealing out contaminants, protecting the water from temperature extremes, and providing access to the pump or other systems within the well; (9) “Pump installer” means any natural person who engages for compensation in pump installation or repair and who is authorized to plug abandoned water wells and to install pitless adapters; (10)(A) “Pumping equipment” means all machinery and parts of pumps such as deep well turbine pumps with right angle gear drive, vertical hollow shaft motors, jet pumps and motors, submersible pumps and motors, and other parts and fittings installed or attached to the well. (B) “Pumping equipment” shall exclude cooling units, horizontal electric motors, heat pump circulating pipe, and stationary diesel or gas engines; (11) “Repair” means any action which results in a breaking, opening, or replacement of a well seal or cap; (12) “Rig” means any power-driven, percussion, rotary, digging, jetting, direct push, vibrating, hydrofracturing, or augering machine used in the construction, alteration, repair, or abandonment of water wells, or any hoist or machine used in installing or removing pumps from wells with a lifting capacity of one thousand pounds (1,000 lbs.) or more; (13)(A) “Water well” means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of locating, acquiring, diverting, or artificially recharging ground water. (B)(i) “Water well” also includes excavations made for the purpose of exchanging the geothermal energy found in the earth as defined in subdivision (6) of this section. (ii) “Water well” does not include an excavation made for the purpose of: (a) Obtaining or prospecting for oil, natural gas, minerals, or products of mining or quarrying; (b) Inserting media to repressure oil or natural gas-bearing formations; or (c) Storing petroleum, natural gas, or other products; (14) “Water well contractor” means any person who engages in the business of well construction or pump installation or repair, exclusive of surveying or other acts preparatory to the construction of a water well; (15) “Water well driller” means any natural person who engages for compensation in well construction in this state; and (16) “Well construction” means the act of setting up the rig for and engaging in the excavation of a water well, the modification of the borehole, the setting or removal of casing up to the point of installing or repairing pumping equipment, and plugging abandoned water wells.