CWD Regulatory Compliance & Legal Framework 3 — Questions and Answers
Question 1: Under most state well codes, how long must a well driller retain copies of well completion reports?
- 1 year
- 5 years
- At least 5 to 10 years, per state requirements (Correct answer)
- Until the well is abandoned
Correct answer: At least 5 to 10 years, per state requirements
Most states require well drillers to retain copies of well logs and completion reports for a minimum of 5 to 10 years as part of record-keeping requirements.
Question 2: What does 'prior appropriation' refer to in the context of water rights law?
- The right to drill a well before obtaining a permit
- A water rights doctrine where the first user to put water to beneficial use has priority over later users (Correct answer)
- Federal government appropriation of groundwater resources
- Pre-approval of well construction plans
Correct answer: A water rights doctrine where the first user to put water to beneficial use has priority over later users
Prior appropriation is a western US water rights doctrine based on 'first in time, first in right,' meaning earlier water users have priority during shortages.
Question 3: A client requests installation of a geothermal heat pump well system. Which additional regulatory concern beyond standard well codes typically applies?
- Noise ordinances for drilling equipment
- State regulations governing closed-loop or open-loop geothermal systems and fluid injection (Correct answer)
- Federal building codes for HVAC systems
- EPA Clean Air Act permits
Correct answer: State regulations governing closed-loop or open-loop geothermal systems and fluid injection
Geothermal systems, especially open-loop systems that discharge water, are often regulated under UIC programs or specific state geothermal well codes in addition to standard well regulations.
Question 4: Which of the following activities would most likely require an Underground Injection Control (UIC) Class V permit?
- Installing a residential water supply well
- Constructing a storm water infiltration drainage well (Correct answer)
- Drilling a monitoring well to measure groundwater depth
- Installing a gravel pack around a well screen
Correct answer: Constructing a storm water infiltration drainage well
Class V UIC wells include shallow injection wells like storm water drainage wells, which inject fluids into or above underground sources of drinking water.
Question 5: In states using the 'riparian rights' doctrine, who has the right to use groundwater?
- Only property owners who registered their well first
- Landowners overlying the aquifer, who may use reasonable amounts (Correct answer)
- The state government, which allocates water through permits
- Only municipal water authorities
Correct answer: Landowners overlying the aquifer, who may use reasonable amounts
Under riparian rights doctrine, landowners overlying an aquifer have rights to reasonable use of groundwater, which is the prevailing system in most eastern US states.
Question 6: What must a well driller do before beginning work in a new county or municipality within the same state?
- Obtain a new state license specific to that county
- Check for any local ordinances or permits required in addition to state licensing (Correct answer)
- File a federal environmental impact report
- Post a performance bond with the county court
Correct answer: Check for any local ordinances or permits required in addition to state licensing
Local jurisdictions may have additional permit requirements, zoning restrictions, or ordinances beyond state licensing, which must be verified before beginning work.
Question 7: A property owner instructs a licensed well driller to skip the required grouting of the annular space to save money. What should the driller do?
- Comply if the owner signs a waiver
- Refuse to skip grouting as it violates state well construction codes and could endanger public health (Correct answer)
- Install minimal grouting and document the owner's request
- Seek a variance from the county health department first
Correct answer: Refuse to skip grouting as it violates state well construction codes and could endanger public health
Annular space grouting is required by state well codes to prevent surface contamination from entering the well, and a driller cannot waive this requirement even at the owner's request.
CWD Regulatory Compliance & Legal Framework 3
Under most state well codes, how long must a well driller retain copies of well completion reports?