Board of Examiners of Water Well Construction and Pump Installation Contractors MINUTES. June 2, 2004

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1 Board of Examiners of Water Well Construction and Pump Installation Contractors MINUTES Attendees - On, the Board of Examiners held its third regularly scheduled meeting for Chair Ray Newmyer called the meeting to order at 10:05 a.m. Other Board members present were: Hal Simpson, Tim Decker, Jeff Canfield and Greg Naugle. Jack Byers, Joe Bender and Dave McElhaney attended for the Board's staff and were represented by Shana Smilovits from the Attorney General's Office. Also attending were Reiner Haubold, Stan Stockton, Susan Curtis (AG Intern), Jeff Appel and Jared Kuntz. Review of Agenda The agenda was accepted with the deletion of Phillippe Martin under Staff Report Variances, and replaced with Heczko. Also added to the agenda under New Business were: 1) Jared Kuntz requested input on draft rules; 2) Ray Newmyer requested a discussion about directional drilling and possible rules changes; 3) Greg Naugle requested a discussion about ground water quality as it relates to drilling through coal seams; and Plumbers Board was added under Old Business. Approval of Minutes Greg Naugle moved to approve the Minutes of the April 6, 2004 meeting. Tim Decker Report of the State Engineer - Mr. Simpson reported on the following: Senate Bill was repealed by the legislature under House Bill The process of refunding the fees that were previously received from water users should be completed by the end of this week. Senate Bill Areas outside the Designated Ground Water Basins no longer require Statements of Beneficial Use for large capacity wells. Mr. Simpson reported that it was more efficient to use well completion reports to obtain the same information. This places a greater importance on timely submission of completion reports from the drilling community. State Water Supply Statewide snowpack is now 30% of average due to rapid snow melt in May. Despite loss of snowpack, runoff remains low and another year of greater stress on all Colorado aquifers is anticipated. The State Engineer continues the policy of no deepening of replacement wells in the Rio Grande Basin. Rio Grande Basin rules for new appropriations from the unconfined aquifer are to be filed with the Secretary of State by June 30, CWWCA Liaison Committee Report - Mr. Stan Stockton reported on the following: Planning is underway for the CWWCA mid-year conference being held in Glenwood Springs on July 16-18, Plans are also being developed to possibly schedule three seminars that include a presentation by Joe Bender on the Well Inspection Program, web page development, and information on the Administrative Procedures Act. Thanked the Division of Water Resources for their attendance and participation at the Outreach meeting on May 11, 2004 in Louisville.

2 Board of Examiners Minutes Page 2 The Association requested that information about the Rio Grande policies be included in the Drillstem to educate contractors. Staff Report A. Update on Examination and Licensing Activities - Mr. Byers informed the Board that eight contractors had not renewed their licenses for the 2004 licensing year. The Board was also provided with a list of National Ground Water Association exam information for their information. B. Review of Complaint Reports - The Board reviewed the staff s complaint report and the staff s recommendations on the following: Unlicensed Contractors Tim Decker moved to accept staff s recommendations. Jeff Canfield License Contractors Jeff Canfield moved to accept staff s recommendations. Greg Naugle Well Owners Greg Naugle moved to accept staff s recommendations. Tim Decker seconded. Motion carried. Possible Violations for Board s Review and Direction Unlicensed Contractors (Staff recommends issuance of an order to cease and requests authorization for legal assistance): Tim Decker moved to accept staff s recommendations. Greg Naugle Potential Well Owner Violations (Staff requests authorization for legal assistance): Tim Decker moved to accept staff s recommendations. Greg Naugle Potential Violations by Licensed Contractors (Staff recommends sending an allegation letter and requests authorization for legal assistance): Tim Decker moved to accept staff s recommendations. Greg Naugle C. Variances Heczko Mr. Heczko submitted a proposal for repairing a well so that it is adequately constructed to protect the aquifer and well from contamination. The Board conceptually approved the plan for repairing Mr. Heczko s well and other wells in the immediate vicinity that have been constructed similarly. Tim Decker moved to accept the repair plan. Jeff Canfield D. Well Inspection Program Mr. Bender, Chief Well Inspector, provided the Board with an update on the Well Inspection Program and reported on the following: Continued progress in dealing with unlicensed contractors. Job notice has been posted for hiring additional well inspectors. Thirty-five applications have been received, 12 meet the minimum requirements. The testing process has begun and consists of a 3-phase process of Internet, written and oral examination. The goal is to have the hiring

3 Board of Examiners Minutes Page 3 E. Other completed sometime in July. Equipment for the inspectors has been ordered and office space has been dedicated. Senate Bill Implementation Mr. Byers reported on the following: Operational funds are being spent on furniture, tools, computer equipment, GPS units etc. Current funding will support the hiring of 5 well inspectors at this time. Administrative BOE Rules have been approved by the Legislative Legal Services, with the exception that they do not believe the portion of Rule 5.3 requiring submittal of an application fee at the time of requesting the application is within the statutory authority of the Board. That portion of Rule 5.3 will not be enforceable. Report of Attorney General s Office A. Review of Enforcement Actions Status of Board Hearings The Board approved the staff s recommendations of the hearing report as listed below: Clinton Self (03-BE-14) Hearing has been continued to the October 5, 2004 regularly scheduled Board meeting at 1:30 p.m. Court Actions Shana Smilovits, Assistant Attorney General, reported on Board cases pending in court. Ms. Smilovits advised the Board as follows: Glen Boyd - Waiting for Court order. Fine and fees have been collected. Orlando Gallardo Pursuing contempt action for collection of fine and fees. Jeff Hicks Continue collection of fine and fees. Brad Meltabarger (Roadrunner) - Continue collection of fine and fees. E.G. Turner Fine and fees have been collected. File will be closed. Old Business Plumbers Board The Plumbers Board has promulgated a new rule stating that plumbers who intend to work on pumping equipment must apply to the Board of Examiners for a license. New Business

4 Board of Examiners Minutes Page 4 A. Review of License Applicant Qualifications The Board reviewed documentation of the qualifications for five license applicants. The Board found the following individuals qualified to take examinations for the types of licenses listed: Name Eric Laubisch Jeffery A. Lepley Wesley B. Mack Richard R. Meade Type of License(s) Air and Mud Rotary Pumps >100 GPM Oral Examinations - Three candidates appeared before the Board for oral examinations. The following individuals passed the exam and qualified for the type(s) of licenses listed below: Name Jeff Winter Brant McCoy Type of License(s) Air Rotary Air Rotary B. Board Draft Policies - Policy Continuing Education Coordination with CWWCA and General Implementation With minor edits, Tim Decker moved to adopt this policy for implementation of Continuing Education in coordination with the Colorado Water Well Contractor s Association. Greg Naugle seconded. Motion carried. Policy Investigation, Remedial and Disciplinary Action, Fine Schedule and Delegation of Authority to Allege Violations and Negotiate Stipulated Settlement Tim Decker moved to adopt the policy providing the delegation of authority and basic process for implementation of the Board s responsibilities and applicable due process under State Administrative Procedure Act. Greg Naugle C. Draft Rule Changes Changes to the Well Construction and Pump Installation Rules effective June 2000 will include the removal of Rules that were incorporated into the Administrative BOE Rules and the addition of minimum construction standards for Cisterns. D. Coal Seam Drilling Mr. Naugle reported that homeowners in specific areas have explosive levels of naturally occurring methane gas in water wells due to completion of coal seams. Mr. Naugle suggested that a rule could be added to the Well Construction and Pump Installation Rules to address this issue. E. Directional Drilling Mr. Newmyer asked the Board to consider an issue concerning casing centralizers interfering with the contractor s ability to get pipes down the borehole. Mr. Newmyer suggested more stringent standards for cementing, such as pressure grouting. Next Meeting - The next meeting has been scheduled for August 3, 2004.

5 Board of Examiners Minutes Page 5 Adjournment - The meeting adjourned at 2:25 p.m. Respectfully submitted, s:\bordexam\meetings\minutes\minutes043 Hal D. Simpson Secretary for the Board