AGO 1989-084.

• Case Date: July 05, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-084. July 5, 1989ATTORNEY GENERAL OPINION NO. 89-84The Honorable Leroy A. HaydenState Senator Thirty-Ninth District Box 458 Satanta, Kansas 67870 Re: Waters and Watercourses--Groundwater Exploration and Protection--Administration and Enforcement of Act; Licensee Synopsis: Installation, maintenance and design of water well pumps is not "construction of water wells" within the meaning of the Kansas groundwater exploration and protection act. Therefore, a water well contractor's license is not required to install, maintain or design a water well pump. Additional legislation is required for the department of health and environment to impose continuing education on licensed water well contractors. Cited herein: K.S.A. 82a-1203, as amended by 1989 Senate Bill No. 121; 82a-1206; K.S.A.1988 Supp. 82a-1214; K.A.R.1987 Supp. 28-30-2; 1988 House Bill No. 2828; 1986 House Bill No. 2652. * * * Dear Senator Hayden: As State Senator for the Thirty-Ninth District, you have requested our opinion regarding the Kansas groundwater exploration and protection act, K.S.A. 82a-1201, et seq. Specifically, you ask whether the Kansas department of health and environment (KDHE) is authorized by the act to require licensure of individuals who install, maintain and design water well pumping systems. Also, you ask whether the department has authority to require continuing education for those individuals licensed under the act. Pursuant to K.S.A. 82a-1206(a), water well contractors are required to be licensed by KDHE. Engaging in the business of constructing, reconstructing, or treating water wells without being licensed as required by the act is made unlawful by K.S.A.1988 Supp. 82a-1214. A contractor is:

"any person who constructs, reconstructs or treats a water well. The term shall not include: (1) an individual while in the act of constructing a water well on land which is owned by such individual and is used by such individual for domestic purposes at such individual's place of abode, but only when the well is constructed in compliance with prescribed minimum well standards as provided in this act; or (2) an individual who performs labor or services for a licensed water well contractor at such contractor's

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