Chapter 1

GENERAL PROVISIONS

  Section 1. Authority. The State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors, hereinafter the "Board", is authorized by W.S. 33-42-101 through 33-42-117, hereinafter the "Act". Pursuant to W.S. 33-42-107, the Board shall from time to time adopt such rules and regulations consistent with the Laws of the State of Wyoming as may be deemed necessary in the performance of its duties.

  Section 2. Statement of Purpose. These rules and regulations are adopted to implement the authority of the Board to provide licensure and standards of practice for licensed water well drilling contractors and licensed water well pump installation contractors in Wyoming and provide for enforcement and proper administration of the provisions of the Act.

  Section 3. Definitions. In the Act and these rules, unless the context otherwise requires, the following definitions of terms shall apply:

  (a) "Board" means the State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors.

  (b) "Direct communication" means that personnel at a job site and the license holder assuming responsibility for the job are able to exchange information during operations.

  (c) "Direct Supervision" means that the work has been critically examined and evaluated for compliance with appropriate contracting standards by a license holder in that profession.

  (d) "Equipping" means to install well caps, well seals or pit-less adapters.

  (e) "Good moral character and repute" means the licensure applicant:

    (i) Has not been convicted of a felony involving dishonesty, fraud, misrepresentation, embezzlement, theft, forgery, perjury, bribery or breach of fiduciary duty within five (5) years of application for licensure;

    (ii) Is not currently incarcerated in a penal institution;

    (iii) Has not engaged in fraud or misrepresentation in connection with the application for licensure or related examination;

    (iv) If previously licensed in this state, or registered in another state, or foreign country, has not had their license/registration canceled, revoked, suspended or not renewed for cause within the last five (5) years of applying for licensure/registration;

    (v) Has not been found by a court or any other state board of practicing without registration in another jurisdiction within the United States within two (2) years of application for licensure.

  (f) "Gross negligence" means a substantial deviation in contracting from the standard of professional care exercised by members of the license holder's profession, or a substantial deviation from any technical standards issued by a nationally and/or state recognized contracting organization comprised of members of the license holder's profession, or a substantial deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the license holder's contracting practice.

  (g) "Incompetence" means the lack of professional qualifications, experience, education or a combination thereof to undertake a contracting engagement or assignment.

  (h) "License holder" means a person who has been granted Licensure or has been Licensed to practice as a water well drilling contractor or a water well pump installation contractor, or both

  pursuant to the Act.

    (i) "Other misconduct" means:

    (i) Conviction of any crime reasonably related to the license holder's practice;

    (ii) An adverse civil adjudication involving dishonesty, gross negligence, or incompetence;

    (iii) Suspension or revocation of a contracting license or certification by this state or by any other jurisdiction;

    (iv) Knowingly acting, or failing to act, in violation of any provisions of rules of the Act, rules of the Board, any Board Order, or any federal or state law or regulation, local ordinance, regulation, or code related the license holder's practice.

  (j) "Resident" means a person who has maintained his/her primary residence in Wyoming and not claimed residence in any other state for one (1) year or more immediately prior to the filing of the application for licensure.

  (k) "Test Pumping" means to temporarily pump a well, usually at the time of completion, to determine aquifer or well performance (e.g., drawdown, maximum efficient gallons per minute, specific capacity, etc.). Test pumping shall not exceed thirty (30) days.

  (l) "Underground water" means any water, including hot water and geothermal steam, under the surface of the land or under the bed of any stream, lake or reservoir;

  (m) "Water well drilling contractor" means any person responsible for or causing the construction or development of any water well for compensation or otherwise as provided by the Act;

    (i) A water well drilling contractor may complete all steps required to prepare a new water well for the installation of a permanent pump, including equipping and test pumping.

  (n) "Water Well Minimum Construction Standards" means the State of Wyoming, State Engineer's Office regulations and instructions, Part III, Revised February 2010, and subsequent revisions.

  (o) "Water well pump installation contractor" means any person who is in the business of installing pumping equipment in water wells for compensation or otherwise as provided by the Act;

    (i) A water well pump installation contractor may install pumping equipment in and develop and rehabilitate water wells, including equipping and test pumping.

  (p) "Well" means any artificial opening in the ground for the production of groundwater or the disposal of water underground, including developed springs, test wells, monitoring wells, geothermal or heat exchange wells, drive points and excavations for the purpose of artificial recharge to the groundwater bodies or disposal of wastes. The term "well" does not include excavations made for the dewatering of construction sites, mines or oil and gas wells, and the prospecting for and removal of mineral products, nor wells for the production of the media for secondary oil recovery.