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<br />170 <br /> <br />QUESTIONS: 1. Who should pass upon the form and <br />qualifications of sureties on bonds required of Well Drillers <br />under the provisions of Section 5 of Senate Bill No. 120 of the <br />39th General Assembly? <br /> <br />I <br /> <br />2. Are Well Drillers required by said Senate <br />Bill No. 120 tc be licensed to perform drilling operations in <br />areas other than those established as a district by the Colorado <br />Water Conservation Board~ <br /> <br />.cONCLUSIONS: After a consideration of the questions- presented <br />and of the provisions of law, I am of the opinion thau: <br /> <br />1. The qualifications of the sureties and the form of the boncr <br />required of Well Drillers und&r the 'provisions of Section 5 of <br />Senate Bill No. 120 of the 39th General Assembly should be approved <br />by the Colorado Water Conservation Board. <br /> <br />, <br /> <br />2. Any person operating in Colorado as a Well Driller <br />vnthin the meaning of said Senate Bill No. 120 must be licensed <br />in accordance vnth.the provisions of Section 4 (a) of said act <br />irrespective of vmether such operations are performed within or <br />vnthout the boundaries of a district established by th8 Colorado <br />Water Con3e~lation Board. These operating outside the boundaries <br />of such a district areonot, however, subject to any rules or <br />regulations of the Board promulgated pursuant to Section 14. <br /> <br />ANALYSIS: 1. Section 5 of Senate Bill No. 120 requires as <br />a prerequisite to the issuance of a Well Driller's license" the <br />procuring and filing with the Colorado Water Conservation Board <br />"a good and sufficient bond in the amount of Five Thousand <br />Dollars ($5,000.00), with corporated surety thereon, duly iicensed <br />to do business within the State of Colorado, and conditioned that <br />said applicant shall comply with the provisions of this act." - <br />The form of the bond is not prescribed, but the failure to do <br />so is not unusual. The provisions of Chapter 117, 1934 C.S.A., <br />relatingsto official bonds, are clearly inapplicable to the bonds <br />here considered. Section 49 (a), Chapter 2, S.1. 1941, requires <br />the Attorney General to prepare "drafts for contracts, forms and <br />other writings which may be required for the use of the State," ' <br />but there is no stntutory requirement that this office-approve <br />bonds of the type presoribed by Senate Bill No. 120. We are in- <br />clined to believe that final approval of the form of any such <br />bonds should be made by the agency with whom they are lodged, to <br />wit, the Board, but this office vall of course be glad to assist <br />the Board in ma~ing its determination by indicating its approval <br />on any bonds submitted. <br /> <br />I <br />