DWR_4148979

• Rule Name: Water Well Construction Rules ‎(2CCR-402-2)‎
• Document Date: 10/17/2023
• Document Type - Rulemaking: Draft, Proposed and Redlined Rules
• Subject: October 2023 Draft Proposed Rules/Redline
• Date Effective: 1/1/2026
• Year Initiated: 2023

9.2.1 Required Notice- Test holes that penetrate a confining layerunit between two
distinct aquifers, monitoring and observation holes and wells, and dewatering wells
must be constructed pursuant to the Notice of Intent requirements stated in Rule
6.3.
9.2.2 Reporting Requirements -A Well Construction and Test Report must be submitted in
accordance with the provisions of Rule 17 for each monitoring and observation hole
constructed.A well construction report is not required for the construction of a
dewatering well unless the well is permitted as a dewatering system.
9.3 Construction Standards The excavations authorized under this Rule 9 must be constructed in
accordance with the applicable Rules specified for such structure. Where construction standards
for an excavation authorized by this Rule 9 are not specified in these Rules, the construction of
the excavation must comply with the construction and grouting standards and Rules applicable
to water wells; (Rule 10), unless a variance from those Rules is obtained pursuant to Rule 18.
9.3.1 Monitoring and observation holes and wells, and test holes that do not penetrate through
a confining layerunit between two distinct aquifers must be constructed in accordance
with the provisions of Rule 14.
9.3.2 Dewatering wells and dewatering systems that}
a. do not penetrate through a confining la-yerunit between two distinct aquifers
and (2)
b. are not constructed in a vertical borehole;
must be constructed in accordance with all applicable municipal, county, state, and
federal regulations and standards. No other minimum construction standards apply for
such wells or holes, except that the well or hole must be constructed to prevent
contamination of surface or groundwater. Such wells must be abandoned pursuant to
the provisions of Rule 16.4.1.
9.3.3 Dewatering systems (excluding drains and sumps) constructed as wells must be
constructed in accordance with the construction and grouting requirements of Rule 10 if:
a. the system penetrates through a confining unit between two distinct aquifers
or
b. the system is constructed in a vertical borehole similar to a water well
9.3.4 Pond or lake wells (including gravel pit wells) permitted pursuant to sections 37-90-107
or 37-90-137, C.R.S. are exempt from the provisions of these minimum construction and
location standards, except that the owner must ensure that the pond or lake well is
constructed in such a manner as to prevent contaminants from entering the pond or lake
well. A report documenting construction of a pond or lake well must be submitted upon
completion of the well, as required by Rule 17.1.5.
9.4 If during construction of an excavation authorized by this Rule 9, the borehole penetrates through
a confining layerunit into a lower aquifer, the hole must be plugged back through the confining
layerunit with at least twenty (20) feet of cement or cement-bentonite grout or through the entire
confining tayerunit, whichever is greater, or the hole must be plugged, sealed and abandoned
pursuant to Rule 16 within twenty-four(24) hours.
9.5 Plugging, Sealing and Abandonment- Excavations authorized by this Rule 9 shall be
plugged, sealed and abandoned according to the provisions of Rule 16.
9.6 Conversion to Water Wells Prohibited -A monitoring and observation hole, dewatering
well, and other excavation constructed pursuant to a Notice of Intent form provided to the
State Engineer, as provided in Rule 6.3 and this Rule 9, may not be converted to a production
water well for beneficial use. A monitoring and observation hole or dewatering well