§ 37-91-109 — Further scope of article - orders - penalties

(1) (a) A well or
ground heat exchanger shall not be located, constructed, repaired, or abandoned
and pumping equipment shall not be installed or repaired contrary to this article 91
and applicable rules of the board adopted to effectuate the purposes of this article
91.

(b) The board may order a licensee, private driller, or private pump installer
to remedy any noncompliant installation, construction, or repair and may, pursuant
to rules and after due notice and a hearing, impose penalties for noncompliance.

(c) This article 91 applies to:

(I) Any well or any pumping equipment that is not otherwise subject to
regulation under the laws of this state; and

(II) Any distribution, observation, monitoring, or dewatering of water from
any such well or pumping equipment; except that this article 91 does not apply to
any distribution of water beyond the point of discharge from the pressure tank or to
any distribution of water beyond the point of discharge from the pumping
equipment if no pressure tank or an overhead pressure tank is employed.

(d) This article 91 applies to any ground heat exchanger that is not otherwise
subject to regulation under the laws of this state; except that this article 91 does
not apply to any distribution of heat-transfer fluid beyond the point of transition
between the ground heat exchanger piping or ground heat exchanger manifold and
the distribution lines from the ground heat exchanger manifold.

(2) Only a licensed pump installation contractor may install a cistern or other
water storage tank between the wellhead and the pressure tank or downstream of
the wellhead if no pressure tank is utilized.

Legislative History

Source: L. 67: p. 696, � 9. C.R.S. 1963: � 148-20-9. L. 85: Entire section amended, p. 1187, � 12, effective July 1. L. 2003: Entire section amended, p. 1680, � 10, effective May 14. L. 2025: (1) amended, (HB 25-1165), ch. 257, p. 1318, � 25, effective August 6.