Well Drilling Authorization-Approval Processes

The State Engineer will determine whether a hearing is necessary to gather further information concerning the impacts of the application. If a hearing is to be held, it will be scheduled for the next hearing date set for the county where the application was advertised. Generally, water rights hearings are held twice a year in each county of the state.

After reviewing the information presented by the applicant and any protestors, the State Engineer will decide whether to approve or deny the application. The applicant and protestors will be notified of the decision by mail. If the decision is

to approve the application, start and applicant cards will be included in the mailing to the applicant. Both applicant and protestors have the opportunity to

request a re-consideration by the State Engineer or to appeal the State Engineer’s decision to the district court.

The entire application process from filing to the State Engineer’s decision may take between six to twelve months or longer. If an application is not advertised, the length of the process may be reduced to one to three months

Proof process

Whenever a new well has been constructed that was approved by the process described above, the well owner is responsible to submit proof to the State Engineer that the approved water right has been developed. The requirements of submitting proof are outlined in the approval letter sent to the well owner.

Submitting a well log to the State Engineer does not fulfill the requirements of the proof process, the well owner must hire a proof engineer or land surveyor to prepare and submit the proof for them.

Approval to construct a Provisional, Test Well, or Non-Production Well

(For specific requirements for these types of wells, see Section R655-4-9 of the Administrative Rules for Water Wells.)

Provisional Well: If a water right application has been filed and the applicant

desires to commence construction of the well before the application is approved and has a legitimate reason for doing so, authorization to drill may be granted by the State Engineer’s regional offices. The written request (either by letter or submission of a completed Request for Non-Production Well Construction form: see attached or go to http://waterrights.utah.gov/forms/nonProdWell.asp) should be made to the regional office. If provisional authorization to drill is granted, the applicant will be allowed to drill, construct, develop, and test the well only. Water from the provisional well shall not be put to beneficial use until the associated

associated water right application is denied, and if so, the applicant is responsible to have the provisional well properly abandoned by a licensed driller.

Authorization to drill a provisional well will be considered on a case-by-case basis. Approval will be based on the provisions of Section 73-3-1 and Section 73- 3-2 of the State Code after a review of the hydrogeologic conditions, the existing rights in the area, the potential for interference, the current appropriation policy for the area. If approval is granted, the start cards will be mailed immediately.

Test Well: Before an application is filed, authorization may be granted by one of

the State Engineer’s regional offices or the Well Drilling Program in the SLC office to construct a test well for the purpose of determining characteristics of an aquifer or the existence of a useable groundwater source. The request to construct a test well can be made by completing a form entitled “Request for Non-

Production Well Construction” (see attached or go to

http://waterrights.utah.gov/forms/nonProdWell.asp) and submitting it to the regional office or the Well Drilling Program office in the SLC main office. If test well authorization to drill is granted, the applicant will be allowed to drill, construct, develop, and test the well only. Water from the test well shall not be put to beneficial use until an approved water right has been moved into the well. Test wells, unless they are converted to a production well or monitor well, should be properly abandoned by a licensed driller, which is the responsibility of the applicant/owner.

Authorization to drill a test well will be considered on a case-by-case basis. Approval will be based on the provisions of Section 73-3-1 and Section 73-3-2 of the State Code after a review of the hydrogeologic conditions, the existing rights in the area, the potential for interference, the current appropriation policy for the area. If approval is granted, the start cards will be mailed immediately.

Non-Production Well: Approval to drill and construction regulated non-

production wells must be obtained from the Well Drilling Program office in the SLC office or the State Engineer’s regional offices. Regulated non-production wells include:

• Monitor Wells: These wells are used to monitor water level and quality. These wells are not associated with a water right.

• Cathodic Protection Wells: These wells are drilled and constructed with a sacrificial anode for the purpose of protecting steel structures at the ground

APPENDIX 1 - Well Drilling Authorization-Approval Processes

surface from galvanic corrosion such as steel pipelines or steel tanks. These wells are not associated with a water right.

• Closed-Loop Heat Exchange Wells: These wells utilize the thermal

conductivity of soil and groundwater without extracting the groundwater for the purpose of heating and cooling buildings. These wells are not associated with a water right. (Note: Open-Loop heat exchange wells actually extract groundwater to circulate through a heating/cooling exchanger before re-injection into the aquifer and requires a non-consumptive use water right. A Non-Production Well Construction Request should not be used for an open-loop heat exchange well) • Other Wells: These wells may include piezometers, inclinometers, AC

Grounding Wells, dewatering wells, temperature gradient wells, etc. that penetrate and case aquifers deeper than 30 feet, but that do not produce groundwater. These wells are not associated with a water right.

The request to construct a non-production well can be made by completing the form entitled “Request for Non-Production Well Construction” (see attached or go to http://waterrights.utah.gov/forms/nonProdWell.asp) and submitting it to the regional office or the Well Drilling Program office in the SLC main office. If non-production well authorization to drill is granted, the applicant will be allowed to drill, construct, develop, and test the well only. Water from the test well shall not be put to beneficial use. Non-production wells that are no longer being utilized for their intended purpose should be properly abandoned by a licensed driller, which is the responsibility of the applicant/owner.

APPENDIX 1 - Well Drilling Authorization-Approval Processes