(1)The board shall:
(a)Be responsible for the administration of this article and, with respect to
such administration, shall enforce the provisions of this article and any rules
adopted pursuant thereto and shall take such other actions as may be reasonably
necessary to carry out the provisions of this article;
(b)Have general supervision and authority over the construction and
abandonment of wells, construction and abandonment of ground heat exchangers,
and the installation of pumping equipment, as provided by sections 37-91-109 and
37-91-110;
(c)Adopt, and from time to time revise, such rules, not inconsistent with law,
as may be necessary to effectuate the provisions of this article, all such rules to be
adopted in accordance with article 4 of title 24, C.R.S.;
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(1) The board shall:
(a) Be responsible for the administration of this article and, with respect to
such administration, shall enforce the provisions of this article and any rules
adopted pursuant thereto and shall take such other actions as may be reasonably
necessary to carry out the provisions of this article;
(b) Have general supervision and authority over the construction and
abandonment of wells, construction and abandonment of ground heat exchangers,
and the installation of pumping equipment, as provided by sections 37-91-109 and
37-91-110;
(c) Adopt, and from time to time revise, such rules, not inconsistent with law,
as may be necessary to effectuate the provisions of this article, all such rules to be
adopted in accordance with article 4 of title 24, C.R.S.;
(d) Employ, within funds available, personnel necessary for the proper
performance of its work under this article;
(e) Examine for, deny, approve, revoke, suspend, and renew the licenses of
applicants and licensees as provided in this article;
(f) Conduct hearings upon its own motion or upon receipt of written
complaints with respect to any licensee under this article and with respect to the
denial, revocation, or suspension of a license, all such hearings to be conducted in
conformity with article 4 of title 24, C.R.S. The board may have such hearings
conducted before a hearing officer or administrative law judge from the
department of personnel designated by the board, who is technically qualified to
conduct or assist in such hearings and who may be a member of the board.
(g) Repealed.
(h) Cause the prosecution and enjoinder of all persons violating this article;
(i) Disseminate information to pump installation contractors, ground heat
exchanger contractors, and well construction contractors in order to protect and
preserve the groundwater resources of the state;
(j) Promulgate rules and regulations pursuant to article 4 of title 24, C.R.S.,
to allow certain types of monitoring and observation wells, dewatering wells, and
test holes to be constructed, utilized, and abandoned by other than a well
construction contractor;
(k) Adopt, and revise as necessary, such rules regarding the construction,
use, and abandonment of monitoring and observation wells, dewatering wells, and
test holes necessary to safeguard the public health of the people of Colorado. All
such rules shall be adopted in accordance with article 4 of title 24, C.R.S. The board
may require that such wells or holes be designed, constructed, used, or abandoned
by a licensed professional engineer, professional geologist, licensed well
construction contractor, or anyone directly employed by or under the supervision of
one of these individuals.
(l) (I) Assure protection of groundwater resources and the public health by
ordering the nondestructive investigation, abandonment, repair, drilling, redrilling,
casing, recasing, deepening, or excavation of a well or ground heat exchanger
where the board finds such an order necessary to correct violations of this article 91
or rules adopted by the board pursuant to this article 91 or to protect groundwater
resources and the public health.
(II) An existing well or ground heat exchanger that was constructed in
compliance with the laws and regulations in effect at the time of its construction is
not required to be repaired, redrilled, or otherwise modified to meet the current
standards for well construction or ground heat exchanger construction contained in
this article 91 or in rules adopted by the board pursuant to this article 91. The board
may order any such well or ground heat exchanger that presents an imminent
threat to public health or an imminent threat of groundwater contamination to be
repaired or abandoned. Any remedial action required by the board for such a well or
ground heat exchanger must be the minimum repair necessary to remove the threat
to public health or of groundwater pollution. An order to abandon a well that is
issued under this article 91 is not a determination of intent to abandon any water
right associated with the well.
(2) The board may delegate to the state engineer the authority to perform
any of the duties of the board as set forth in this article, except those duties
authorized in paragraphs (c), (e), (j), and (k) of subsection (1) of this section.