Ta b l e o f C o n t e n t s

37.03.10 – Well Driller Licensing Rules

000. Legal Authority (Rule 0). ................................................................................... 2
001. Title And Scope (Rule 1). .................................................................................. 2
002. Written Interpretation (Rule 2). .......................................................................... 2
003. Administrative Appeals (Rule 3). ....................................................................... 2
004. Other Authorities Remain Applicable (Rule 4). ................................................. 2
005. -- 009. (Reserved) .............................................................................................. 2
010. Definitions (Rule 10). ........................................................................................ 2
011. -- 019. (Reserved) .............................................................................................. 4
020. Applicability Of Licensing Requirements (Rule 20). .......................................... 5
021. Construction And Use Of Holes That Are Not Wells (Rule 21). ........................ 5
022. -- 029. (Reserved) .............................................................................................. 6
030. Obtaining A License For An Individual Driller (Rule 30). ................................... 6
031. Obtaining A License For A Company (Rule 31). ............................................... 7
032. Obtaining An Operator’s Permit (Rule 32). ....................................................... 7
033. Processing Application For A Driller’s License Or Operator’s Permit
(Rule 33). ......................................................................................................... 8
034. Examination Procedures (Rule 34). .................................................................. 8
035. Expiration And Renewal Of License (Rule 35). ................................................. 9
036. Expiration And Renewal Of An Operator’s Permit (Rule 36). ........................... 9
037. Processing Application To Renew License Or Operator’s Permit (Rule 37). .. 10
038. -- 049. (Reserved) ............................................................................................ 10
050. Duties And Responsibilities Of Drillers, Companies And Operators
(Rule 50). ....................................................................................................... 10
051. -- 059. (Reserved) ............................................................................................ 12
060. Bonding (Rule 60). .......................................................................................... 12
061. -- 069. (Reserved) ............................................................................................ 13
070. Continuing Education (Rule 70). ..................................................................... 13
071. Continuing Education Committee Contingency Plan (Rule 71). ..................... 14
072. -- 079. (Reserved) ............................................................................................ 14
080. Driller’s Advisory Committee (Rule 80). .......................................................... 14
081. -- 089. (Reserved) ............................................................................................ 14
090. Enforcement (Rule 90). ................................................................................... 14
091. -- 999. (Reserved) ............................................................................................ 14

Page 1
 IDAPA 37
TITLE 03
CHAPTER 10

37.03.10 – WELL DRILLER LICENSING RULES

000. LEGAL AUTHORITY (RULE 0).

The Idaho Water Resource Board adopts these rules under the authority provided by Section 42-238, Idaho Code.
(4-5-00)

001. TITLE AND SCOPE (RULE 1).

01. Title. The title of this chapter is “Well Driller Licensing Rules.” (4-5-00)

02. Scope. These rules establish the requirements and procedures for obtaining and renewing
authorization to drill wells in the state of Idaho. The rules also establish the requirements and procedures for
obtaining authorization to operate drilling equipment under the supervision of a licensed driller. The licensing rules
are applicable to all individuals and companies drilling or contracting to drill wells. (4-5-00)

002. WRITTEN INTERPRETATION (RULE 2).

As described in Section 67-5201, Idaho Code, the Department of Water Resources may have written statements that
pertain to the interpretation of these rules. If available, such statements can be inspected and copied at cost at the
Idaho Department of Water Resources, 322 E. Front Street, Boise, Idaho 83720-0098. (4-5-00)

003. ADMINISTRATIVE APPEALS (RULE 3).

Administrative and judicial review may be taken pursuant to Section 42-1701A, Idaho Code, and IDAPA 37.01.01,
“Rules of Procedure of the Idaho Department of Water Resources.” (4-5-00)

004. OTHER AUTHORITIES REMAIN APPLICABLE (RULE 4).

Nothing in these rules shall limit the director’s authority to take alternative or additional actions relating to the
licensing of well drillers and permitting of operators as provided by Idaho law. (4-5-00)

005. -- 009. (RESERVED)

010. DEFINITIONS (RULE 10).

Unless the context otherwise requires, the following definitions govern these rules. (4-5-00)

01. Abandonment. See Decommissioned Well. (4-7-11)

02. Adequate Supervision. Inspection and observation of each drilling operation and the associated
drilling site by the licensed driller that has responsible charge during the critical phases of drilling to assure
compliance with well construction standards and drilling permit conditions. (4-5-00)

03. Applicant. An individual that submits to the department a complete application for a license or
operator’s permit or a company that submits a complete application for a license. (4-5-00)

04. Area of Drilling Concern. An area designated by the director in accordance with Section 42-238,
Idaho Code, within which special drilling procedures and equipment are needed to prevent waste or contamination of
the ground water. (4-5-00)

05. Auxiliary Equipment. Powered equipment, other than the drill rig, used for grouting, installing or
advancing casing, welding casings and screens, and other tasks necessary for drilling a well. (4-5-00)
06. Board. The Idaho Water Resource Board. (4-5-00)

07. Bond. A cash or surety bond obtained by a licensed driller or company payable to the director to
provide funding for abandonment or repair should the driller fail to comply with well construction standards, and to
allow information to be collected concerning the drilling of the well if the driller fails to submit a timely, accurate

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Department of Water Resources Well Driller Licensing Rules

driller’s report. (4-5-00)

08. Bottom Hole Temperature of an Existing or Proposed Well. The temperature of the ground
water encountered in the bottom of a well or borehole. (4-7-11)

09. Company. A firm, co-partnership, corporation or association licensed in accordance with these
rules to drill or contract to drill wells. (4-5-00)

10. Compliance History. An applicant’s record of compliance with the laws and rules of Idaho and
other states relating to drilling of wells. The record includes, but is not limited to, the applicant’s record of obtaining
and complying with drilling permits; filing accurate and complete well driller’s reports on time; adhering to well
construction standards and other rules relating to drilling; and the number, nature and resolution of violations of laws,
rules and conditions on licenses, operator’s permits and drilling permits. (4-5-00)
11. Continuing Education. Education or training pertinent to the drilling industry and the
construction, modification or decommissioning of wells. (4-7-11)

12. Continuing Education Committee (CEC). A committee whose purpose is to review and approve
activities related to continuing education credit. (4-7-11)
13. Credit Unit. The unit of measurement for continuing education requirements. (4-5-00)

14. Critical Phases of Drilling. Drilling tasks that require the added experience of a licensed driller to
assure completion of the well in accordance with the well construction standards and conditions of drilling permits.
These tasks include, but are not limited to, placement of required casings and seals, testing of casings and seals, and
resolving problems such as casing or joint failures, heaving formations, lost circulation, and encountering high
pressure or high temperature water. (4-5-00)

15. Decommissioned (Abandoned) Well. Any well which has been permanently removed from
service and filled or plugged in accordance with these rules so as to meet the intent of these rules. A properly
decommissioned well will not: (4-7-11)

a. Produce or accept fluids; (4-7-11)

b. Serve as a conduit for the movement of contaminants inside or outside the well casing; or (4-7-11)

c. Allow the movement of surface or ground water into unsaturated zones, into another aquifer, or
between aquifers. (4-7-11)

16. Department. The Idaho Department of Water Resources. (4-5-00)

17. Director. The director of the Idaho Department of Water Resources or his duly authorized
representative. (4-5-00)
18. Drilling or Well Drilling. The act of constructing a new well, or modifying, changing the
construction, or decommissioning an existing well. (4-7-11)

19. Drilling Permit. Authorization by the department to drill a well as provided in Section 42-235,
Idaho Code. (4-5-00)
20. Drilling Site. The location of the drill rig and immediate area where the drill rig and auxiliary
equipment are set up to drill a well. (4-5-00)
21. Global Positioning System (GPS). A global navigational receiver unit and satellite system used to
triangulate a geographic position. (4-7-11)

22. License. A certificate issued by the director to an individual or a company upon meeting the

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IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

requirements of Section 42-238, Idaho Code, and these rules authorizing the drilling of wells permitted in accordance
with Section 42-235, Idaho Code. (4-5-00)
23. Licensed Driller. An individual having a license to drill wells and is authorized and required to
supervise operators in the state of Idaho. (4-7-11)

24. Modify. To deepen a well, increase or decrease the diameter of the casing or the well bore, install a
liner, place a screen, perforate existing casing or liners, alter the seal between the casing and the well bore, or alter the
well to not meet well construction standards. (4-5-00)

25. Operator. An individual holding either a class I or class II operator’s permit issued in accordance
with these rules. (4-5-00)

26. Operator’s Permit. A certificate issued by the director upon meeting the requirements of Section
42-238, Idaho Code, and these rules allowing the holder to operate a drill rig as provided in these rules. (4-5-00)

27. Principal Driller. A licensed driller in responsible charge of a company’s drilling activities, which
has been designated the principal driller by the company with the department. (4-5-00)

28. Responsible Charge. The responsibility for direction and control of a drilling operation to meet the
requirements of these rules including, but not limited to, the following activities: (4-5-00)

a. Contracting to drill a well; (4-5-00)

b. Coordinate with property owner to locate a well to comply with applicable well construction
standards; (4-5-00)

c. Setting up drilling equipment at the drilling site; (4-5-00)

d. Drilling operations; and (4-5-00)

e. Testing the adequacy of casing and seal; (4-5-00)

f. Properly completing the well. (4-7-11)

29. Start Card. An expedited drilling permit process for the construction of cold water Single Family
residential wells. (4-7-11)

30. Well. An artificial excavation or opening in the ground more than eighteen (18) feet in vertical
depth below land surface by which ground water of any temperature is sought or obtained. The depth of a well is
determined by measuring the maximum vertical distance between the land surface and the deepest portion of the well.
Any water encountered in the well is considered to be obtained for the purpose of these rules. Well also means any
waste disposal and injection well as defined by Section 42-3902, Idaho Code. (4-5-00)
31. Well Construction Standards. IDAPA 37.03.09, “Well Construction Standards Rules,” adopted
by the board. (4-5-00)

32. Well Driller’s Report or Driller’s Report. A report required by Section 42-238, Idaho Code,
describing drilling of the well and supplying information required on forms provided by the department. (4-5-00)
33. Well Log. A diary maintained at the drilling site consistent with Section 42-238, Idaho Code.
(4-7-11)
34. Well Rig or Drill Rig. Any power-driven percussion, rotary, boring, digging, jetting, or augering
machine used in the drilling of a well. (4-5-00)

011. -- 019. (RESERVED)

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Department of Water Resources Well Driller Licensing Rules

020. APPLICABILITY OF LICENSING REQUIREMENTS (RULE 20).

01. Licensing Requirements. A well shall only be drilled by or under the responsible charge of a
licensed driller except that a property owner, who is not licensed, can construct a well on his property for his own use
without the aid of power-driven mechanical equipment. (4-5-00)

02. Driller to Have Responsible Charge of Other Workers. A licensed driller shall have responsible
charge of all others engaged in a well drilling operation. (4-5-00)

03. Operators to Have Permits. An individual assisting a licensed driller whose duties include
operation of a drill rig or auxiliary equipment shall possess an operator’s permit as provided in these rules. If the
driller is not present at the well site at all times that drilling operations are being conducted, one or more of those
operating the equipment in the driller’s absence shall have a class II operator’s permit. The driller shall provide
adequate supervision of class II operators. An individual having a class I operator permit shall be supervised by a
licensed driller or a class II operator at all times when operating the drill rig or auxiliary equipment. (4-5-00)
04. Laborer Exempted. An individual whose duties at the drilling site do not include operation of the
drill rig or auxiliary equipment at any time is not required to have either a driller’s license or an operator’s permit.
(4-5-00)

05. Company to be Licensed. No company shall drill or contract to drill a well or wells unless the
company has been issued a license and has employed a principal driller as described in accordance with these rules.
(4-5-00)

06. Drillers to Decommission (Abandon) Wells. Only licensed drillers may decommission (abandon)
wells, except that wells may be decommissioned (abandoned) by the owner after receiving a specific waiver from the
Director. (4-7-11)

021. CONSTRUCTION AND USE OF HOLES THAT ARE NOT WELLS (RULE 21).

01. When a License Is Not Required. A person drilling a hole that does not meet the definition of a
well does not need a driller’s license or operator’s permit. (4-5-00)

02. Holes Not Defined as Wells. The following list describes the types of holes that are not wells for
purposes of these rules: (4-5-00)

a. Holes with total depth less than eighteen (18) feet. (4-5-00)

b. Holes for collecting soil or rock samples, determining geologic properties, or mineral exploration
or extraction, including gravel pits. (4-5-00)

c. Holes for oil and gas exploration for which a permit has been issued pursuant to Section 47-320,
Idaho Code. (4-5-00)

d. Holes for constructing building foundations or de-watering building or dam foundation

excavations. (4-5-00)

e. Holes for the installation of standpipes or piezometers to monitor the saturation of dam
embankments or foundations or to measure uplift forces on buildings, dams and other structures. (4-5-00)

03. Converting a Hole Not Constructed as a Well for Use as a Well. A hole that was not constructed
as a well by or under the responsible charge of a driller, if subsequently converted to obtain water, to monitor water
quantity or quality, or to dispose of water or other fluids, shall be reconstructed by a driller to comply with well
construction standards and drilling permit conditions. The owner shall obtain a drilling permit, a water right or other
approval if needed, and have the hole inspected and modified by a licensed driller as necessary to meet well
construction standards. The driller shall file a driller’s report for the well. (4-5-00)

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Department of Water Resources Well Driller Licensing Rules

022. -- 029. (RESERVED)

030. OBTAINING A LICENSE FOR AN INDIVIDUAL DRILLER (RULE 30).

01. Application Requirements. An individual desiring a license shall file with the department a
completed application on a form provided by the department accompanied by the following: (4-5-00)

a. The application fee required by Section 42-238, Idaho Code. (4-5-00)

b. Written documentation of drilling experience, compliance history, and the names and addresses of
three (3) references to confirm the applicant’s drilling experience. (4-5-00)

c. A list of all drill rigs used by or under the responsible charge of the applicant providing the make,
model, and type. (4-5-00)

d. The names and addresses of all licensed drillers and permitted operators that will work under the
responsible charge of the applicant. (4-5-00)

02. Experience Requirements. (4-5-00)

a. An applicant shall have a minimum of twenty-four (24) months of drilling experience. An applicant
will be credited with one (1) month of drilling experience for each one hundred sixty (160) hours of employment as a
driller or operator, or the equivalent, as determined by the director. Experience drilling monitoring wells, geothermal
wells or other cased wells will be credited as experience by the Director if the equipment and drilling methods are
applicable to water well construction. (4-7-11)

b. An applicant for driller’s license shall submit evidence to establish that the applicant, as an operator
or driller, has successfully constructed a sufficient number of wells within the preceding twenty-four (24) months to
demonstrate competency. Evidence of this experience can be demonstrated by the submission of driller’s reports
bearing the applicant’s signature, well reports upon which the driller having responsible charge attests that the
applicant drilled the wells or other documentation acceptable to the director. (4-7-11)

c. Twelve (12) of the twenty-four (24) months drilling experience must have occurred within the five
(5) year period immediately preceding the filing of the application. (4-7-11)

d. Successful completion of classroom study in geology, well drilling, map reading, and other related
subjects may be substituted for up to, but not exceeding, twelve (12) months of drilling experience. The director will
determine the number of months of classroom study, up to twelve (12), to be credited as experience. (4-5-00)

03. Examination. An applicant determined by the director to have adequate experience and an
acceptable compliance history, as confirmed by references acceptable to the director, is eligible to take a written
examination. The examination may include separate sections and shall test the applicant's knowledge of the
following: (4-5-00)

a. Idaho statutes and rules relating to appropriation and use of ground water, well drilling,
construction and use of injection wells and geothermal wells, and well driller licensing under the provisions of Title
42, Idaho Code. (4-5-00)

b. Land description by government lot, quarter-quarter, section, township and range, and the use of
portable GPS units. (4-7-11)

c. Geologic material identification including the use of correct terminology in describing the geologic
material. (4-5-00)

d. Well construction principles relating to the proper design, construction, development, and
abandonment of wells. (4-5-00)

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IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

e. The occurrence, nature, and movement of ground water. (4-5-00)

f. The use of various types of drill rigs and auxiliary equipment. (4-5-00)

031. OBTAINING A LICENSE FOR A COMPANY (RULE 31).

01. Application Requirements. A company shall file with the department a complete application for a
company license upon a form provided by the department to be accompanied by the following: (4-5-00)

a. The names and addresses of three (3) persons not affiliated with the company, whom the
department can contact for information regarding the company’s past well drilling operations, if any, and related
business activities. (4-7-11)
b. A complete record of the compliance history of the company and the owners and employees of the
company. (4-5-00)

c. Designation of a principal driller who shall be a full time employee of the company and shall drill
wells only for the company. A licensed driller who renders only occasional, part-time or consulting drilling services
to or for a company may not be designated as the principal driller. (4-5-00)

d. The names and addresses of drillers and operators presently employed. (4-5-00)

e. A list of all drill rigs and other related equipment owned or used by the company providing the
make, model, and type. (4-5-00)

02. Application Processing. Applications received under this rule will be processed in accordance
with Rule 33. (4-5-00)
032. OBTAINING AN OPERATOR’S PERMIT (RULE 32).

01. Application for Class I Operator’s Permit. A licensed driller or company proposing to employ a
class I operator shall submit a completed application on a form provided by the director. The application shall:
(4-5-00)

a. Be accompanied by the fee required by Section 42-238, Idaho Code. (4-5-00)

b. Be signed by the individual seeking the operator’s permit and the licensed driller or principal driller
of the company proposing to employ the operator. (4-5-00)

02. Application for Class II Operator’s Permit. A licensed driller or company proposing to employ
an individual who does not currently hold a class II operator’s permit shall submit the following: (4-5-00)

a. A completed application on a form provided by the department. (4-5-00)

b. The fee required by Section 42-238, Idaho Code. No fee is required if the applicant is presently
permitted as a class I operator, but the expiration date of the permit when converted to a class II operator’s permit will
remain as originally issued. (4-5-00)

c. Documentation that the operator has successfully constructed a sufficient number of wells, or has
constructed wells for a sufficient length of time, or a combination of both to demonstrate competency. (4-5-00)

03. Written Examination. An examination is not required for a class I operator’s permit. An otherwise
qualified applicant for a class II operator’s permit shall obtain a satisfactory score on an examination as provided in
Rule 34. The examination may be comprised of separate sections and shall test the applicant's knowledge of the
following: (4-5-00)

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IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

a. Idaho statutes and rules relating to appropriation and use of ground water, well drilling,
construction and use of injection wells and geothermal wells, and well driller licensing under the provisions of Title
42, Idaho Code. (4-5-00)

b. Land description by government lot, quarter-quarter, section, township, and range, and the use of
portable GPS units. (4-7-11)

c. Geologic material identification including the use of correct terminology in describing geologic
material. (4-5-00)

d. Well drilling principles relating to proper design, construction, development, and abandonment of
wells. (4-5-00)

e. The occurrence, nature, and movement of ground water. (4-5-00)

04. Operator Drills Only for Licensed Driller or Company. An operator shall only drill for the
licensed driller or company approved by the director. If an operator changes employment to another licensed driller or
company, an application for an operator’s permit shall be filed as provided in this rule. (4-7-11)

05. Processing an Application for Operator’s Permit. The department will process an application
for operator’s permit in accordance with Rule 33. (4-5-00)

033. PROCESSING APPLICATION FOR A DRILLER’S LICENSE OR OPERATOR’S PERMIT

(RULE 33).

01. Incomplete Application. If an application is incomplete, not properly signed, or does not include
the information required by these rules, the department will advise the applicant in writing of the deficiency. If the
deficiencies are not satisfied within ninety (90) days of sending the notice of the deficiency, the application will be
void. The application fee is not refundable. (4-7-11)

02. Issuance of License. If the director, upon review of the application, determines that an applicant
for license is qualified and the driller has subsequently taken and passed an examination, a notice will be sent to the
applicant requesting a bond in an amount determined in accordance with Rule 60 be filed with the department. Upon
receipt of a satisfactory bond, the director will issue a license to the applicant. (4-5-00)
03. Issuance of Operator’s Permits. If the director determines that an applicant is qualified and has
passed an examination, if required, the department will mail a notice and operator’s permit card to the principal driller
on behalf of the applicant. (4-5-00)

04. Driller’s License or Operator's Permit Issued With Conditions or Denial of License or
Operator's Permit. The Director may issue a license or operator’s permit with specific conditions or limitations
based on the applicant’s experience and compliance history. The Director may refuse to issue or renew a driller’s
license permanently or for a designated period of time if the driller has previously constructed wells improperly or
constructed a well without a valid driller’s license. If the Director determines that the applicant is not qualified, the
Director will deny the application. Notice of a denied application or a conditioned license or operator’s permit will be
given to the applicant in accordance with IDAPA 37.01.01, “Rules of Procedure of the Idaho Department of Water
Resources.” (4-7-11)

034. EXAMINATION PROCEDURES (RULE 34).

01. Written Examination. Written examinations will be offered at department offices on the first
Monday of each quarter. If the first Monday is a legal holiday, written examination will be offered on the first
Tuesday. Re-examination may be taken at a regularly scheduled examination date during a following quarter and
shall be scheduled with the department office originally testing the applicant. (4-7-11)

02. Oral Examination. Successful passage of an oral examination may satisfy all or a part of the
written testing requirements under the following circumstances: (4-5-00)

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IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
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a. The applicant requests an oral rather than a written examination and shows cause acceptable to the
director why the examination should be oral rather than written. Applicants desiring to take the examination orally
shall request that an oral examination be scheduled allowing at least fifteen (15) days to set an examination date.
(4-5-00)

b. The director determines that because of the applicant’s compliance history, additional testing is
needed to determine the applicant’s qualifications. (4-5-00)
03. Examination Scoring. The applicant shall pass each section of the examination with a score of
seventy percent (70%) or higher. (4-5-00)

04. Assistance Must Be Authorized. The use of written materials, equipment or other individuals to
assist an applicant during an examination is prohibited unless specifically authorized by the department. An applicant
receiving unauthorized assistance during an examination may be disqualified and the application may be rejected. An
application filed by a disqualified applicant will not be processed for a period of up to one (1) year from the time of
disqualification. (4-5-00)

035. EXPIRATION AND RENEWAL OF LICENSE (RULE 35).

01. Expiration of Licenses. All licenses expire at the end of the licensing period for which they are
issued. The licensing period begins April 1 and ends March 31 of the second year following issuance. (4-7-11)

02. Renewal Application. A license may be renewed by submitting a license renewal application
including the following: (4-5-00)

a. A completed application on a form provided by the department. An application to renew a license

for an individual licensed driller shall be signed by the individual and an application to renew a license for a company
shall be signed by the principal driller. (4-5-00)

b. The renewal fee required by Section 42-238, Idaho Code. (4-5-00)

c. A new bond or continuation certificate for an existing bond covering the licensed driller or
company. (4-5-00)

d. If the application is for renewal of a license held by an individual, the application shall include
verification that the applicant has obtained the required continuing education credits. (4-5-00)
03. Continuing Education Requirements. Fourteen (14) credit units are required for renewal of a
license for an individual for any licensing period beginning on or after April 1, 2011. (4-7-11)
04. Welding Competency. A driller that has been issued a Notice of Violation for welding that does
not comply with the well construction standards may be required to obtain a certificate of welding competency from
the American Welding Society or similar organization. (4-7-11)

036. EXPIRATION AND RENEWAL OF AN OPERATOR’S PERMIT (RULE 36).

01. Expiration of Operator’s Permits. Class I and class II operator’s permits shall expire on March
31 of the same year that the license of the licensed driller and company employing the operator expires. (4-5-00)
02. Renewal Application. An operator’s permit may be renewed by submitting to the department an
application for renewal including the following: (4-5-00)

a. A completed application on a form provided by the department. The operator seeking renewal and
the driller under whose responsible charge the operator works shall sign the form. (4-5-00)
b. The renewal fee required by Section 42-238, Idaho Code. (4-5-00)

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c. For renewal of a class II operator’s permit, verification of the required continuing education credit
units. (4-5-00)

03. Continuing Education Required for Renewals. Fourteen (14) credit units are required for
renewal of a class II operator’s permit for a licensing period beginning on or after April 1, 2011. (4-7-11)

04. Welding Competency. An operator's work that has resulted in a Notice of Violation for welding
that does not comply with the Well Construction Standards may be required to obtain a certificate of welding
competency from the American Welding Society or similar organization. (4-7-11)

037. PROCESSING APPLICATION TO RENEW LICENSE OR OPERATOR’S PERMIT (RULE 37).

01. Processing Applications for Renewal. Applications for renewal will be processed in the order
received by the department. The department shall receive a complete application for renewal no later than March 15
to assure that the license or operator’s permit will remain in force without interruption. If the director determines that
the application is complete and the applicant is qualified, the license or operator’s permit will be renewed for the
period ending on March 31 of the second year after approval of the renewal. (4-5-00)

02. Regulatory Compliance Required for Renewals. A license or operator’s permit will not be
renewed if the applicant has not submitted all required driller’s reports, applications for drilling permits, fees, agreed
civil penalties, has not complied with all orders requiring repair or abandonment of improperly constructed wells or is
not otherwise in compliance with Sections 42-235 and 42-238, Idaho Code, and the applicable rules. (4-5-00)

03. Compliance History. If the Director determines that the applicant has exhibited an unacceptable
compliance history, the Director may deny renewal, refuse renewal for a specified time, or renew with conditions,
including but not limited to an increased bond amount. (4-7-11)

04. Renewal of Expired Licenses or Operator’s Permits. A license or an operator’s permit which has
expired or otherwise not been in effect for a period not exceeding three (3) years shall be renewed in accordance with
the requirements of Rule 35 or Rule 36 as appropriate. An applicant for renewal shall provide verification of earned
credit units required for the entire period since the license or class II operator’s permit was last issued. If a license or
operator’s permit has been expired or otherwise not effective for a period of more than three (3) years, an application
for a new license shall be submitted in accordance with Rule 30 for an individual license, Rule 31 for a company or
Rule 32 for an operator’s permit. The director may waive the examination requirement if the applicant has been
previously licensed or permitted in the state of Idaho. (4-5-00)

05. Reuse of Identification Numbers. The identification number assigned to a license by the
department will not be reused if the license has been expired or otherwise not in effect for three (3) years or more
except, at the director’s discretion, the number may be reissued to the original owner. (4-5-00)

06. Condition or Denial of an Application for Renewal. If the Director determines that the applicant
has not or cannot fully comply with these rules, a license or operator’s permit may be issued with conditions. If the
Director determines that the applicant is not qualified, the Director will deny the application. When there are
documented violations of well drilling laws and/or rules, including well construction standards, the Director may
consult with the Driller's Advisory Committee, created in accordance with Rule 80, prior to making a decision to
issue a conditional license or operator's permit or to deny an application based on the applicant's compliance history.
Notice of a denied application or a conditioned license will be given as provided in IDAPA 37.01.01, “Rules of
Procedure of the Idaho Department of Water Resources.” (4-7-11)

038. -- 049. (RESERVED)

050. DUTIES AND RESPONSIBILITIES OF DRILLERS, COMPANIES AND OPERATORS (RULE

50).

01. Licensed Drillers and Principal Drillers. All licensed drillers and principal drillers shall:(4-5-00)

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IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

a. Allow drilling only by those authorized by and under the supervision required by these rules and
according to any conditions of the license or permit. (4-5-00)
b. Complete each well in compliance with IDAPA 37.03.09, “Well Construction Standards Rules,”
and drilling permit conditions. (4-7-11)

c. Have a valid cash or surety bond in effect, as defined in Rule 60. (4-5-00)

d. Have the license number displayed in a conspicuous place on the drill rig using a metal
identification plate provided by the department or other permanent marking approved by the director. The displayed
license number shall represent the company or individual driller license under which the well is being drilled. One
plate will be issued upon initial licensure with replacement and additional plates available for a fee. (4-5-00)

e. Keep current the department’s list of operators and drillers employed by the licensed driller or
company, including current addresses for the company, drillers, and operators. The licensed driller or principal driller
shall be held responsible for all drilling activity of a driller or operator under their supervision until such notification
has been submitted in writing to the department that the driller or operator is no longer employed by the licensed
driller or company. (4-5-00)

f. Have at the drilling site the driller’s license and drilling permit or other written authorization from
the director to drill the well. (4-5-00)

g. Only drill wells in contaminated areas identified by the department or in areas of drilling concern
so designated by the department with specific written authorization of the director. Verbal authorizations to drill and
pre-approved drilling permits (start cards) do not authorize drilling in these areas. (4-5-00)

h. Only drill a public drinking water supply well, as defined in IDAPA 58.01.08, “Idaho Rules for
Public Drinking Water Systems,” low temperature geothermal resource or geothermal resource well with specific
written authorization from the director. Verbal authorizations and start card permits (start cards) are not authorized for
these uses. (4-7-11)

i. Monitor and record bottom-hole temperature in areas where low temperature geothermal resources
are known or suspected or when the well is being constructed pursuant to IDAPA 37.03.09, Rule 30, as a low
temperature geothermal resource well. Bottom-hole temperature of every well being constructed pursuant to IDAPA
37.03.09, Rule 30, must be measured, recorded, and reported on the well drillers report. (4-7-11)

j. Maintain a daily well log at the drilling site acceptable to the department and as required by Section
42-238(11), Idaho Code. Pertinent data required to be recorded on the daily log must include information sufficient to
complete a well drillers report acceptable to the Director. The driller shall retain the well log for at least one (1) year
after the driller’s report is submitted to the department. (4-7-11)
k. Submit driller’s reports, acceptable to the Director, on forms approved by the department within
thirty (30) days following removal of the drill rig from the drilling site at completion of the well. Driller’s reports
shall be prepared from information recorded on the daily well log. Driller’s reports returned to the driller due to
deficiencies must be corrected and returned to the department within thirty (30) days of mailing by the department.
(4-7-11)
l. Attach a well tag supplied by the department to every well drilled for which a drilling permit is
required. The tag shall be affixed permanently to the casing, or other permanent object attached to the well, by a
method approved by the Director prior to removing the well rig from the drilling site. (4-5-00)

m. Cause all drilling activity under the supervision of the driller to cease when the driller’s license
expires, becomes invalid, or is suspended or revoked. (4-5-00)

02. Companies. Companies shall: (4-5-00)

a. Have a principal driller designated with the department at all times. (4-5-00)

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IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

b. Notify the department within ten (10) days of the principal driller leaving employment with the
company. The company’s license shall immediately become void and of no effect when the principal driller leaves
employment with the company and shall remain so until the department has been notified in writing that a new
principal driller has been employed and designated by the company. Failure to designate a principal driller within
ninety (90) days of the departure of the designated principal driller is cause for the director to take action to cancel the
company’s license. (4-5-00)

c. Maintain a bond in force at all time as required in Rule 60. (4-5-00)

03. Operators. Operators shall: (4-5-00)

a. Have in their possession a valid operator’s permit while drilling wells. (4-5-00)
b. Only drill wells as authorized by the operator’s permit. (4-5-00)

c. Maintain a complete and accurate well log at the drilling site. (4-5-00)

d. Co-sign with the driller a driller’s report upon completion of the well. (4-5-00)

051. -- 059. (RESERVED)

060. BONDING (RULE 60).

01. Bonding Requirements. Each licensed driller or company shall submit a surety bond or cash bond
in an amount determined by the director, within the limits of 42-238, Idaho Code, for each driller employed by the
company, payable to the director for the licensing period. (4-5-00)

a. A company shall have a bond, which covers the drilling activities of each driller and operator
employed by the company. If the licensed driller drills wells as an individual and not for a company, a separate bond
must be filed with the director. (4-5-00)

b. Drillers proposing to drill wells in an area of drilling concern, monitoring wells, public water
supply wells, or wells to obtain or likely to encounter water with a bottom hole temperature greater than eighty-five
(85) degrees Fahrenheit, shall submit an upgraded bond, in an amount determined by the director, at the time the
drilling permit application is processed. Drillers anticipating drilling such wells may, instead, submit adequate
bonding at the time of driller license application or renewal. (4-5-00)

c. The amount of the bond, within the limits prescribed in Section 42-238, Idaho Code, will be
determined by the director based on the applicant’s compliance history, the size and depth of wells the applicant
proposes to construct and is authorized to drill, the complexity of the wells, the resource to be recovered, the area of
operation of the applicant, the number of drillers and operators employed by a company, and other relevant factors.
(4-5-00)

d. All bonds and continuation certificates must be on forms provided or approved by the department.
(4-5-00)
02. Cash Bonds. (4-5-00)

a. Acceptable Cash Bonds. Cash bonds shall be in a separate account readily accessible to the director
for use as provided in these rules. The director will review cash bond proposals made by an applicant. Cash bonds
shall be retained in financial institutions within the state of Idaho unless waived by the director. (4-5-00)

b. Retention. The director will hold cash bonds for two (2) years from the date the driller requests that
the bond be released unless replaced by another bond or the director determines that all wells drilled by the driller
satisfy well construction standards. The release of a cash bond must be requested in writing. (4-5-00)

Section 060 Page 12

IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

03. License Void Without Bond. If the issuing company cancels a bond, the bond expires or otherwise
becomes non-effective during the term of a license, the license shall immediately become void and of no further
effect until an adequate replacement bond is received by the department. (4-5-00)

061. -- 069. (RESERVED)

070. CONTINUING EDUCATION (RULE 70).

01. Requirements. Every licensed driller or permitted operator must have earned at the time of
renewal the applicable number of credit units required by these rules. The credit units shall have been obtained during
the licensing period preceding the application for renewal. (4-7-11)

02. Earning Credit Units. Credit units may be earned for time spent in attendance at workshops,
seminars, short courses, and other educational opportunities devoted to drilling or related subjects acceptable to the
Director and approved by the continuing education committee (CEC) and in compliance with the CEC guidelines.
These may include completion of college courses, correspondence courses, videotaped courses, and other endeavors
such as authoring appropriate publications. (4-7-11)

03. Documentation. Documentation to support credit units claimed is the responsibility of the licensed
driller and permitted operator. Records required include but are not limited to: (4-7-11)

a. A log showing the type of activity claimed, sponsoring organization, duration, instructor’s name,
and credit units. (4-5-00)

b. Attendance verification records in the form of completion certificates or other official documents
providing evidence of attendance and completion. (4-7-11)

04. Submittal and Maintenance of Records. Copies of continuing education records for the
preceding license period shall be submitted with applications to renew licenses or permits. These records shall be
maintained for a period of three (3) years and shall be available for review by the department at the request of the
director. (4-5-00)

05. Insufficient Credit Units. If at the time of renewal, the applicant is unable to provide verification
of the required credit units, the director will deny renewal of the driller’s license or operator’s permit, except as
otherwise provided in the following: (4-5-00)

a. The director may withhold action on an application for renewal for a period not to exceed ninety
(90) days to allow the applicant to provide verification of the required credit units. The applicant is not authorized to
drill until the verification is provided and the renewal is issued. (4-5-00)

b. The director may exempt an applicant from all or part of the continuing education requirements if
the applicant served on active duty in the armed forces of the United States for one hundred twenty (120) consecutive
days or more during the licensing period prior to filing the application for renewal; or the applicant suffered physical
disability, serious illness, or other extenuating circumstances that prevented the applicant from earning the required
units. (4-5-00)

c. A licensed driller or operator who has chosen to allow his license or permit to expire or otherwise
become of no effect shall be exempt from continuing education requirements unless an application for renewal is
filed less than three (3) years after the license or permit expired or otherwise became of no effect. (4-5-00)
06. Out-of-State Residents. The continuing education requirements for a non-resident applicant for a
license or operator’s permit shall be the same as for resident applicants. (4-5-00)
07. Responsibility for Education Development and Implementation. The Idaho Ground Water
Association (IGWA) is delegated responsibility to develop and implement a program for continuing education for
review and approval by the director. (4-5-00)

Section 070 Page 13

IDAHO ADMINISTRATIVE CODE IDAPA 37.03.10
Department of Water Resources Well Driller Licensing Rules

071. CONTINUING EDUCATION COMMITTEE CONTINGENCY PLAN (RULE 71).

Should the memorandum of understanding (MOU) and/or the contract between the department and the IGWA be
breached, revoked, or not renewed, the CEC shall be organized and administered by the department. (4-7-11)

072. -- 079. (RESERVED)

080. DRILLER’S ADVISORY COMMITTEE (RULE 80).

01. Selection and Duties. The Director may appoint a driller’s advisory committee from the list of
drillers holding valid licenses. The Director will solicit appointment recommendations from the IGWA and other
licensed drillers. The Director will determine the term of appointment for members of the committee. The committee
shall provide recommendations and suggestions concerning revision of these rules, the minimum standards for well
construction, significant violations and other matters regarding well drilling. The committee members shall serve on
a voluntary basis without compensation. The department will hold meetings at the discretion of the Director. (4-7-11)

02. Reimbursement. Travel costs shall be paid to members of the advisory committee for travel and
per diem and for costs associated with attendance of advisory committee meetings held by the department.
Reimbursement shall be based on existing department policy covering travel and per diem expenses. (4-5-00)

081. -- 089. (RESERVED)

090. ENFORCEMENT (RULE 90).

01. Violations. Violations of these rules or Sections 42-235 or 42-238, Idaho Code, will be enforced as
provided in Sections 42-238 and 42-1701B, Idaho Code. (4-5-00)

02. Enforcement Policy. An administrative policy providing guidelines for enforcement shall be
published and maintained by department staff. A copy of the enforcement guidelines is available upon request at no
charge. (4-5-00)

091. -- 999. (RESERVED)

Section 071 Page 14

 Sub ject Index
A Well 3 Bonding 13
Applicability Of Licensing Department 3
Requirements 5 Director 3 O
Drilling or Well Drilling 3 Obtaining A License For A
Company to be Licensed 5
Drilling Permit 3 Company 7
Driller to Have Responsible
Drilling Site 3 Application Processing 7
Charge of Other Workers 5
Global Positioning System Application Requirements 7
Drillers to Decommission
(GPS) 3 Obtaining A License For An Individual
(Abandon) Wells 5
License 3 Driller 6
Laborer Exempted 5
Licensed Driller 4 Application Requirements 6
Licensing Requirements 5
Modify 4 Examination 6
Operators to Have Permits 5
Operator 4 Experience Requirements 6
B Operator’s Permit 4 Obtaining An Operator’s Permit 7
Bonding 12 Principal Driller 4 Application for Class I Operator’s
Bonding Requirements 12 Responsible Charge 4 Permit 7
Cash Bonds 12 Start Card 4 Application for Class II Operator’s
Well 4 Permit 7
C Well Construction Standards 4 Operator Drills Only for Licensed
Construction & Use Of Holes That Are Well Driller’s Report or Driller’s Driller or Company 8
Not Wells 5 Report 4 Processing an Application for
Converting a Hole Not Constructed Well Log 4 Operator’s Permit 8
as a Well for Use as a Well 5 Well Rig or Drill Rig 4 Written Examination 7
Holes Not Defined as Wells 5 Driller’s Advisory Committee 14
When a License Is Not P
Reimbursement 14 Processing Application For A Driller’s
Required 5 Selection & Duties 14
Continuing Education 13 License Or Operator’s Permit 8
Duties & Responsibilities Of Drillers, Driller’s License or Operator’s
Documentation 13 Companies & Operators 10
Earning Credit Units 13 Permit Issued With Conditions
Companies 11 or Denial of License or
Insufficient Credit Units 13 Licensed Drillers & Principal
Out-of-State Residents 13 Operator’s Permit 8
Drillers 10 Incomplete Application 8
Requirements 13 Operators 12
Responsibility for Education Issuance of License 8
Development & E Issuance of Operator’s Permits 8
Implementation 13 Enforcement 14 Processing Application To Renew
Submittal & Maintenance of Enforcement Policy 14 License Or Operator’s Permit 10
Records 13 Violations 14 Compliance History 10
Continuing Education Committee Examination Procedures 8 Condition or Denial of an
Contigency Plan 14 Assistance Must Be Authorized 9 Application for Renewal 10
Examination Scoring 9 Processing Applications for
D Oral Examination 8 Renewal 10
Definitions, IDAPA 37.03.10 2 Written Examination 8 Regulatory Compliance Required
Abandonment 2 Expiration & Renewal Of An Operator’s for Renewals 10
Adequate Supervision 2 Permit 9 Renewal of Expired Licenses or
Applicant 2 Continuing Education Required for Operator’s Permits 10
Area of Drilling Concern 2 Renewals 10 Reuse of Identification
Auxiliary Equipment 2 Expiration of Operator’s Numbers 10
Board 2 Permits 9
Bond 2 Renewal Application 9
Bottom Hole Temperature of an Welding Competency 10
Existing or Proposed Well 3 Expiration & Renewal Of License 9
Company 3 Continuing Education
Compliance History 3 Requirements 9
Continuing Education 3 Expiration of Licenses 9
Continuing Education Committee Renewal Application 9
(CEC) 3 Welding Competency 9
Credit Unit 3
Critical Phases of Well Drilling 3 L
Decommissioned (Abandoned) License Void Without Bond,

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