[§174C-84]  Permits for well construction
and pump installation.  (a)  No well construction and no installation of
pumps and pumping equipment shall commence without appropriate permit from the
commission.  An application for a permit for well construction shall be
required for all areas of the State including water management areas and shall
be made by the well driller who will construct the well.  An application for a
permit for installation of a pump and pumping equipment shall be made by the
pump installation contractor who will install the pump and pumping equipment.



(b)  Every application shall contain such data
prescribed by the commission, including the applicant's name; the applicant's
license number; the name and address of the person who will control and operate
the well; in water management areas, the water use permit number; the location
of the well; the proposed depth and method of well construction; the size and
expected capacity of the well; and a description of the pump and pumping equipment
to be installed.



(c)  The commission may issue a permit only if
the proposed construction complies with all applicable laws, rules, and
standards.  Before acting on any application, the commission shall cause the
application to be reviewed by the department of health for compliance with
their rules and standards concerning, among other things, the appropriateness
of the well location.



(d)  Every permit shall direct the well driller
and pump installation contractor to file a well completion report, as provided
in section 174C-85.  The permit shall be prominently displayed at the site of
the well at all times until the well construction or the pump and pumping
equipment installation is completed.



(e)  The holder of a permit for well
construction, with the approval of the commission, may change the location of
the well before construction is completed.  An application to change the
location shall describe the location, the proposed depth and method of
construction, and the size and expected capacity of the new well.  It shall
also describe the manner of sealing or plugging the incomplete and abandoned
well.  The commission shall cause all such applications to be reviewed by the
department of health for compliance with their rules and standards concerning, among
other things, the appropriateness of the location of the well.  The commission
may issue an amended permit if it determines that the proposed new well
location will serve the same use as the original well and draw upon the same
supply of water and will not be contrary to any applicable law, rule, order, or
regulation, and that the incomplete and abandoned well will be sealed or
plugged in a manner to prevent waste of water and damage to the water supply
and to protect the public from harm.



(f)  Any applicant whose application is
rejected may obtain a hearing before the commission by filing within thirty
days of the mailing of the notice of rejection a written petition requesting
such a hearing.  The hearing shall be conducted pursuant to part I.



(g)  The commission may suspend or revoke a
permit, after notice and hearing, on any of the following grounds:



(1)  Material misstatement or misrepresentation in the
application for a permit;



(2)  Failure to comply with the provisions set forth
in the permit;



(3)  Wilful disregard or violation of any provision of
this part or any rule adopted pursuant thereto; or



(4)  Material change of circumstances or conditions
existing at the time the permit was issued. [L 1987, c 45, pt of §2]