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(1) A written drilling agreement should be provided to the well owner by the water well contractor prior to the construction of the well.

(2) The drilling agreement, if used, should contain, but not be limited to the following items:

(a) name and address of the well owner and the contractor;

(b) legal description of the property on which the well is to be drilled;

(c) site protection;

(d) depth at which well owner requests drilling operations cease and contract be renegotiated (in cases of lack of sufficient water) ;

(e) size and type of casing to be used;

(f) disinfection responsibility;

(g) excessive pressures (flowing wells) ;

(h) applicable warranties and guarantees;

(i) abandonment responsibilities, if it becomes necessary to abandon the well for any reason;

(j) itemized price list, including cost per foot of drill hole; and

(k) date, signatures of well owner and water well contractor.

(3) Copies of all drilling agreements should be maintained by the water well contractor for a period of 3 years.

(4) As part of a disciplinary action, the board may require a licensee to make use of written drilling agreements.

History: 37-43-202(3), MCA; IMP, 37-43-202(3), MCA; NEW, 1986 MAR p. 1699, Eff. 10/17/86.

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