For the purpose of this part, the following definitions shall apply:

1. (1)

   1. (A) “Abandoned water well” means a well whose use has been permanently discontinued.
   2. (B) Any well shall be deemed abandoned that is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical;

2. (2) “Annular space” means the opening between a:

   1. (A) Well hole excavation and the well casing or curb; or
   2. (B) Casing pipe and a liner pipe;
3. (3) “Apprentice” means a natural person who under the supervision of a registered water well pump installer or registered water well driller is obtaining the knowledge, skills, and abilities necessary to obtain a certificate of registration as a water well pump installer or water well driller;
4. (4) “Apprenticeship program” means a program developed by the Arkansas Natural Resources Commission pursuant to Arkansas Code § 17-50-312 to develop certain minimum knowledge, skills, or abilities in those natural persons desiring registration as pump installers or water well drillers;
5. (5) “Aquifer” means a water-bearing formation that transmits water in sufficient quantity to supply a well;
6. (6) “Backwash” means the surging effect or reversal of water flow in a well;
7. (7) “Bentonite” means altered volcanic ash consisting of an assemblage of clay minerals, primarily montmorillonite, a swelling clay;
8. (8) “Chemigation” means any activity or method that adds a foreign substance, such as fertilizers, herbicides, fungicides, pesticides, and other substances or chemicals, to a water system through mechanical or manual means;
9. (9) “Commission” means the Arkansas Water Well Construction Commission as created by Acts 1969, No. 641, § 5, as amended;

10. (10) “Consolidated formation” means a geological formation that is firm, such as:

    1. (A) Rock;
    2. (B) Slate; or
    3. (C) Clay that will not cave;

11. (11)

    1. (A) “Contamination” means the degradation of natural water quality as a result of human activities.
    2. (B) There is no implication of any specific limits, since the degree of permissible contamination depends upon the intended end use, or uses, of the water;
12. (12) “Contraband property” means property of any nature, including personal, tangible, or intangible, but not real property, that is used or intended to be used in violation of Arkansas Code § 17-50-104;
13. (13) “Direct exchange loop” means a continuous unbroken pipe beneath the surface of the earth that circulates refrigerant for the purpose of sinking or sourcing thermal energy between the direct exchange loop and the earth;
14. (14) “Direct exchange well” means a small diameter bore hole constructed for the purpose of sinking or sourcing thermal energy between the direct exchange loop and the earth;
15. (15) “Established ground surface” means the elevation of the ground surface at the site of the well;
16. (16) “Excessive sediment” means sediment that is excessive for the purpose or intended use of the well as measured using Environmental Protection Agency Test Method 160.5 (Imhoff Cone);
17. (17) “Ground water” means water occurring in the ground;
18. (18) “Harmful bacteria”. The presence of coliform bacteria constitutes the presence of harmful bacteria;

19. (19)

    1. (A) “Heat pump wells” means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of obtaining or exchanging geothermal energy for use with ground water source air conditioning or heat pump systems.
    2. (B) The excavation may have pipes installed inside the excavation to circulate or discharge various fluids for the above said use and purpose and the well may or may not be back filled after excavation.
    3. (C) Acts 1969, No. 641, § 3(h);

20. (20)

    1. (A) “Major aquifers” mean water-bearing layers of rock or sediment capable of yielding water in large quantities to wells or springs.

    2. (B) These aquifers include:

       1. (i) The Boone aquifer; and
       2. (ii) Those of the Ozark aquifer system, such as the Roubidoux formation and Gunter sandstone;
21. (21) “Master electrician” means a person currently holding a valid master electrician’s license pursuant to Arkansas Code § 17-25-101 et seq., and the Arkansas Electrical Code Authority Act, Arkansas Code § 20-31-101 et seq.;
22. (22) “Master plumber” means a person currently holding a valid master plumber’s license pursuant to Arkansas Code § 17-38-101 et seq.;
23. (23) “Monitoring wells” means wells constructed for the purpose of locating and sampling for engineering or geological data;
24. (24) “Nonpumping (static) water level” means the elevation of the water surface in a well when no water is being pumped;
25. (25) “Owner” means the persons who own the property on which the well is being constructed;

26. (26) “Packer” means a piece of downhole equipment that consists of:

    1. (A) A sealing device;
    2. (B) A holding or setting device; and
    3. (C) An inside passage for fluids;
27. (27) “Pressure system” means a system that includes a switch or other cut-off device that operates off of the water pressure generated by the same system;

28. (28)

    1. (A) “Public well” means any well supplying water to a public water system as defined and regulated by the Department of Health.
    2. (B) In general, this means a well serving or anticipated to serve fifteen (15) or more connections or an average of at least twenty-four (24) individuals sixty (60) or more days in a year;
29. (29) “Pump installer” means any natural person, whether connected with a firm, partnership, corporation, or public or private association, who engages for compensation in pump installation or repair;

30. (30)

    1. (A) “Pumping equipment” means all machinery and parts of pumps, such as deep well turbine pumps with right angle gear drive, vertical hollow shaft motors, jet pumps and motors, submersible pumps and motors, and other parts and fittings installed or attached to the well.

    2. (B) It does not include:

       1. (i) Cooling units;
       2. (ii) Horizontal electric motors;
       3. (iii) Heat pump circulating pipe; and
       4. (iv) Stationary diesel or gas engines;
31. (31) “Returning military veteran” means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable;

32. (32)

    1. (A) “Rig” means the machinery used in the construction or repair of water wells.
    2. (B) As used in this definition, the word "machinery" shall not be construed to include vehicles or any other equipment used in the transportation, or as the foundation or any other component part, of the apparatus specifically designed and used in the construction or repair of water wells;
33. (33) “Saturated zone” means the subsurface zone in which all openings are full of water;

34. (34)

    1. (A) “Sediment” means all particles or materials that are not suspended in standing water.
    2. (B) Natural occurring minerals and elements, such as iron, sodium, silica, lignite, manganese, etc., may also be used to calculate sediment provided the minerals are not suspended;

35. (35)

    1. (A) “Semi-public well” means any well supplying water to a semi-public water system as defined and regulated by the Department of Health.

    2. (B) In general, this means a well supply:

       1. (i) Made available to the public for drinking; or

       2. (ii) Used in connection with the manufacturing, processing, or handling of:

          1. (a) (a) Ice;
          2. (b) (b) Food; or
       3. (c) (c) Drink;
36. (36) “Standard dimension ratio (SDR)” means the outside diameter in inches divided by the wall thickness in inches;
37. (37) “Static water level” means the level water naturally reaches in a well at atmospheric pressure;
38. (38) “Surface water” means water located above the ground;

39. (39)

    1. (A) “Thermal fluid” means a fluid used to transfer thermal energy.
    2. (B) The thermal fluid must be biodegradable and nontoxic in soil or water;
40. (40) “Unconsolidated formation” means a geological formation above bedrock, such as sand or gravel, that is caving in nature;

41. (41)

    1. (A) “Undesirable geological formations” are formations that:

       1. (i) Produce water; and
       2. (ii) Have characteristics that are not conducive to the use or purpose for which the well is to be used.
    2. (B) The characteristics of each geological formation vary greatly depending upon the location and depth of each formation.

    3. (C) Formations with undesirable characteristics are considered undesirable relative to other formations at the same location that:

       1. (i) Can produce water for the intended use; and
       2. (ii) Are known to have the desired quality;
42. (42) “Unsaturated zone” means the subsurface zone, usually starting at the land surface, that contains both air and water;

43. (43)

    1. (A) “Water well” means any excavation that is drilled, redrilled, cored, bored, washed, driven, dug, jetted, or otherwise artificially constructed for the purpose of locating, acquiring, diverting, or artificially recharging ground water, but such terms do not include an excavation made for the purpose of obtaining or for prospecting for oil, natural gas, minerals, or products of mining or quarrying, or for inserting media to repressure oil or natural gas, or other products.
    2. (B) Acts 1969, No. 641, § 3(e);
44. (44) “Water well contractor” means any person (including a partnership or corporation) who engages in the business of well construction or pump installation or repair, exclusive of surveying or other acts preparatory to the construction of a water well;
45. (45) “Water well driller” means any natural person, whether connected with a firm, partnership, corporation, or other public or private association, who engages for compensation in well construction;

46. (46) “Well construction” means:

    1. (A) The act of setting up the rig for and engaging in the excavation of a water well;
    2. (B) The modification of the borehole;
    3. (C) The setting or removal of casing up to the point of installing or repairing pump equipment; and
    4. (D) Plugging abandoned water wells;
47. (47) “Well seal” means an arrangement or device used to cap a well or to establish closure of the junction of a well pump or piping with the well casing at the upper terminal of the well; and

48. (48)

    1. (A) “Well yield” means the volume of water discharged from the well after construction expressed in gallons per minute (gpm) or gallons per hour (gph).
    2. (B) Well yield is an estimate of the total volume of water the well is capable of producing at the time of construction.