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