WWWA Legislative Information
Mandatory Licensing for Water Well Drilling Contractors and
Pump Installation Contractors (Enrolled Act No. 58)
After twenty five years, the State Engineer’s Office was finally successful in having legislation passed that requires mandatory licensing of water well contractors (i.e., well drillers and pump installers). The 2008 Legislature, during a budget session, passed HB0055, Water Well Drilling and Pump Installation Licensure, which was sponsored by the Joint Agriculture, Public Lands and Water Resources Interim Committee. Until now, Wyoming was the only state within the lower 48 that did not require some form of licensure, certification or registration of water well contractors (Alaska requires a business license only).
Why has the agency pursued licensing so hard for so long? Because licensing provides the public with a level of protection they don’t currently have – both from a health and safety perspective and relative to legal contractual obligations. Without licensing, a public unhappy with a water well contractor’s performance was limited to civil recourse – which can be both expensive and time consuming. Additionally, licensing protects the ground water resources of the state and promotes excellence in water well drilling and pump installation practices.
Wyoming has had a voluntary certification program for water well contractors for the last five years. What started out as a drillers’ licensing bill was amended to a voluntary certification bill by the 2003 Legislature. The SEO continued to pursue mandatory licensing because the voluntary certification program was largely unsuccessful, due to 1) poor response because of the “voluntary” nature of the program, 2) fear of regulation when “uncertified” contractors are not subject to the same rules and regulations, and 3) the assumption that there are no real benefits to certification. During the five years that the certification program has been functional, only four contractors have become certified as a well driller and/or pump installer. The licensing bill did pass the 2007 Legislature but the Governor vetoed the final Act due to an inadvertent drafting error that rendered it incapable of accomplishing its intended purpose. A circular construction was created in the Act in which it provided that only “licensed” persons were prohibited from working without a license.
The Act that was signed by the Governor on March 12, 2008 closely resembled the 2007 vetoed Act with a few exceptions. Enrolled Act No. 58 includes:
- An amendment adopted in committee creating a fund for operation of the Board, using revenues diverted from permitting fees charged by the State Engineer’s Office. The State Engineer’s Office is currently promulgating new rules that will allow an increase in permit application fees up to existing statutory limits. The new rule will increase fees for domestic and stock well applications from $25.00 to $50.00, and fees for irrigation, municipal, industrial, and miscellaneous use wells from $50.00 to $100.00. The new rules will also allow up to $25 from each permit application fee to be collected and deposited into the Water Well Contractors Account, for wells which require the use of a licensed well driller. Increasing the permit fees for wells and depositing up to $25.00 per permit in the Water Well Contractors Account, will provide the necessary funding needed to operate and manage the State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors, and administer the Act. Please note: permit application fees are being increased for all types of wells. The State Engineer’s Office’ fees have not been increased in 14 years. The fees currently charged by the State Engineer’s Office are among the lowest, if not the lowest, of our neighboring states. Even after doubling those fees, Wyoming is still at the bottom of the fee structure of our neighboring western states.
- An exemption that allows a person to install a pump in a well on land owned or leased by him or on which he is employed on a regular basis without being licensed.
- An exemption that allows a person to drill a well on land owned by him without being licensed.
The Act also includes other major elements:
- Requires licensure of water well contractors (drillers and pump installers) by July 1, 2009.
- Some exemptions from the examination requirements, including:
- Contractors actively engaged in Wyoming for 5 years (except for payment of fees), i.e., the “grandfather clause”;
- Contractors who became certified under the voluntary program (except for payment of fees),
- Any person drilling an oil or gas well or installing a pump in an oil or gas well that is permitted by the Oil and Gas Conservation Commission.
- Contractors drilling a monitor well that does not require a permit from the State Engineer.
- Establishment of criteria for licensing and license renewal.
- Establishment of continuing education requirements (18 contact hours every three years).
- Allows the examining board to set certain fees, including application, examination, renewal and miscellaneous fees.
- Provides maximum amounts that the board may assess for licensure and renewal fees.
- Provides reciprocity for contractors licensed in other states (the applicant must complete an examination based on Wyoming statutes and rules relating to the drilling or water wells or installation of pump equipment and pay applicable fees).
- Provides for a complaint process to the State Engineer’s office and for investigation by the examining board.
- Requires a conspicuous posting of the license at the job site.
- Provides for license revocation or suspension.
- Provides penalties of not more than $1,000.00 and not more than 6 months imprisonment, or both, for violations of the Act.
- Contains delayed effective/repeal date; provides for a sunset for certain exemptions from licensing and for repeal of certification renewal on July 1, 2009.
- Repeals certain certification requirements July 1, 2009.
This bill would not have been successful without the help, support, and testimony of the State Engineer, Representatives D Doug Samuelson, and Dan Zwonitzer, Senators Bill Vasey, G Gerald Geis, and Eli Bebout, Scott Blakely (President, Wyoming Water Well Association), Chuck Wilson (Bronco Drilling), Kurt Price (Price Pump Co), Mike Havely (John's Pumps), Steve Barbour (Aqua Pumps), and Linda Hendricks. Many, Many thanks to them and everyone else who helped out in the legislative process.
Lisa Lindemann, March 2008
Agency Contact
Lisa Lindemann
(307) 777-5063
Herschler Bldg. 4E
Cheyenne, WY 82002
Notice of Intent to ADOPT Rules and regulations
Agency: State Engineer’s Office
Ground Water Division
Address: Herschler Building, 4 East
Cheyenne, Wyoming 82002
Agency Contact: Lisa Lindemann, Administrator
Telephone: (307) 777-5063
The Wyoming State Engineer’s Office intends to promulgate new rules in Chapter 1 of the State Engineer’s Office and Wyoming State Board of Control rules, entitled “Fees”, filed by the Secretary of State on February 24, 1994. New rules are being promulgated in response to the 2008 legislature creating a new statutory provision, W.S. §9-1-904(b), allowing the State Engineer’s Office to deposit an amount not to exceed $25 from each domestic, stock, irrigation, municipal, industrial, and miscellaneous well permit application fee into an account created under W.S. §33-42-116 for wells which require the use of a licensed well driller pursuant to W.S. §33-42-103.
Rulemaking within Chapter 1 is required to allow the Ground Water Division of the State Engineer’s Office to increase the fees for permit applications for domestic, stock, irrigation, municipal, industrial, and miscellaneous use wells within the statutory limits provided by W.S. §9-1-904 (a) (v) (A) and (D). The new rules will increase fees for domestic and stock well applications from $25.00 to $50.00, and fees for irrigation, municipal, industrial, and miscellaneous use wells from $50.00 to $75.00.
Increasing the permit fees for wells and depositing up to $25.00 per permit in the Water Well Contractors Account, will provide the necessary funding needed to operate and manage the State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors, and administer W.S. §33-42-101 through W.S. §33-42-117.
The new rules also add a fee schedule for Coalbed Methane wells. The State Engineer’s Office has required a $50 filing fee for each Coalbed Methane permit application since approximately 1997. However, Coalbed Methane was never included in the fee schedule in Chapter 1. The filing fee of $50 remains unchanged.
Specific information on the new rules can be found in the “Statement of Principal Reasons for Promulgating New Rules” that accompanies these rules.
A copy of the proposed new rules, in a format that clearly indicates additions and deletions from existing language (i.e., strike and underscore), can be obtained from the State Engineer’s Office, Ground Water Division, Herschler Building, 4 East, Cheyenne, Wyoming 82002 (307-777-6163), or downloaded from the State Engineer’s Office website at http://seo.state.wy.us
The proposed amended rules will be available for public inspection for 45 days (commencing October 3, 2008 and ending November 17, 2008 during normal business hours at the following locations:
Ground Water Division
State Engineer’s Office
Herschler Building, 4 East
Cheyenne, Wyoming
Phone: 777-6163
Office of Superintendent, Water Division No. 1
510 West 27th Avenue
Torrington, Wyoming
Phone: 532-2248
Office of Superintendent, Water Division No. 2
1833 South Sheridan Avenue
Sheridan, Wyoming
Phone: 672-9207
Office of Superintendent, Water Division No. 3
715 East Roosevelt
Riverton, Wyoming
Phone: 856-0747
Office of Superintendent, Water Division No. 4
Town Hall, Room 2
Cokeville, Wyoming
Phone: 279-3441
Any interested person may submit data, views or arguments to the Ground Water Division before November 17, 2008, at the address specified below. Any person may urge the Ground Water Division not to adopt the new rules, and may request the Ground Water Division state its reasons for overruling the consideration urged against adoption. Requests for an agency response under this paragraph must be made before, or within, thirty (30) days after adoption of the rules, addressed to the Ground Water Division as specified below. Each objection shall contain, at a minimum, the following information: 1) the objector’s name, address, and telephone number, and 2) the reason for the objection. Objections should be addressed to:
State Engineer’s Office
Ground Water Division
c/o Lisa Lindemann, Administrator
Herschler Building, 4 East
Cheyenne, WY 82002
(307) 777-6163
A public hearing will be held if requested by 25 persons, a governmental subdivision or by an association having not less than 25 members. Requests for a public hearing should be addressed to the State Engineer at the address provided above.
These proposed rules are new rules. They are not being amended to comply with federal law or regulatory requirements. The proposed amendments meet minimum substantive state statutory requirements.
Copies: Governor’s Office (with proposed rules)
Attorney General (with proposed rules)
Secretary of State (hard and electronic copy of proposed rules)
Legislative Service Office (with proposed rules)