1. A. Bond requirements: A well driller shall have a bond in the penal sum of five thousand dollars ($5,000) on a form acceptable to the state engineer. The surety backing the bond shall be acceptable to the state engineer. A well driller’s license shall be valid only so long as the bond remains in effect. The bond shall:

   1. (1) be conditioned upon proper compliance with state law and the rules and regulations of the state engineer;
   2. (2) be effective for the period of time for which the well driller’s license is issued;
   3. (3) stipulate the obligee as the "office of the state engineer"; and
   4. (4) not be represented to the public as a performance bond.
2. B. Insurance requirements: A well driller shall have general liability insurance in the minimum amount of three hundred thousand dollars ($300,000) and appropriate insurance under the Workers’ Compensation Act. Proof of insurance may be in the name of the well driller or in the name of the company for which the well driller is employed or doing business as (DBA). That insurance must be maintained continuously if the well driller is for hire.

3. C. National ground water association exams requirements: Required national ground water association exams shall consist of the general drilling exam and the appropriate specialized drilling exam(s) developed and administered by the national ground water association. A well driller engaging in the well drilling activities listed below shall have passed the corresponding national ground water association exams within five years prior to applying for a well driller license.

   Well Drilling Activity National Ground Water Association Exam* Constructing wells by drilling using the cable tool method General drilling exam and cable tool drilling exam Constructing wells by drilling using the air rotary method General drilling exam and air rotary drilling exam Constructing wells by drilling using the mud rotary method General drilling exam and mud rotary drilling exam Constructing wells by drilling using the reverse circulation method General drilling exam and reverse circulation drilling exam Constructing wells using the jetting and driving methods General drilling exam and jetting and driving wells exam Constructing wells by augering or constructing monitoring wells General drilling exam and augering and monitoring exam All other well drilling activities General drilling exam

   Well Drilling Activity

   National Ground Water Association Exam*

   Constructing wells by drilling using the cable tool method

   General drilling exam and cable tool drilling exam

   Constructing wells by drilling using the air rotary method

   General drilling exam and air rotary drilling exam

   Constructing wells by drilling using the mud rotary method

   General drilling exam and mud rotary drilling exam

   Constructing wells by drilling using the reverse circulation method

   General drilling exam and reverse circulation drilling exam

   Constructing wells using the jetting and driving methods

   General drilling exam and jetting and driving wells exam

   Constructing wells by augering or constructing monitoring wells

   General drilling exam and augering and monitoring exam

   All other well drilling activities

   General drilling exam

   *The state engineer shall make the final determination of the test(s) necessary should a question arise regarding applicability of available test(s) to specialized drilling method(s) of well construction.

4. D. New Mexico code exam requirements: A well driller shall have obtained a minimum score of seventy percent on the New Mexico code exam prepared and furnished by the state engineer or his authorized representative and self- administered by the applicant.

   1. (1) Exam fee: No fees or advanced scheduling forms are required for the New Mexico code exam.

   2. (2) Test content: The New Mexico code exam may include questions on the following subjects:

      1. (a) New Mexico water law as it pertains to well driller licensing, well drilling and construction, and the administration of underground water, and
      2. (b) the rules and regulations of the state engineer pertaining to well driller licensing, well drilling and construction, and the administration of underground water.

   3. (3) Re-examination: An applicant who fails to obtain the minimum passing score on the exam may retake the exam.

      1. (a) No fees or advanced scheduling forms are required to retake the New Mexico code exam.
      2. (b) Any applicant found cheating on the exam, as determined by the state engineer, will not be permitted to reapply to take the exam for a period of one year.
5. E. Experience requirements: A well driller shall have at least two years of relevant, on-site experience working under the supervision of a well driller while exhibiting a due regard for the interest of the state in the protection of its public waters.
6. F. Drill rig requirements: A well driller shall continuously maintain with the state engineer a description of each drill rig the well driller owns or controls. The well driller’s license number and the name of the well drilling company shall be clearly displayed on each drill rig.
7. G. Drill rig supervisor requirements: A well driller may allow a drill rig supervisor to provide onsite supervision of well drilling activities. The well driller is responsible for the actions of each drill rig supervisor while supervising well drilling activities.

[19.27.4.12 NMAC - Rp, 19.27.4.12 NMAC, 6/30/2017]