California Water Well Driller Constructor Water Code § 13750.5 Attorney Fee Petition Mechanics: SWRCB Well Completion Report Database + Water Well Driller License Registry as Primary Welch Anchors (THE ONLY § 13750.5 Water Well Driller Page — DISTINCT FROM CSLB C-57 Well Drilling Contractor § 7028, Water Treatment Plant Operator Health & Safety Code § 116710, and Environmental Engineer PE-EnvE § 6701; NGWA Standards for Water Well Construction and Installation 2020 Advisory [PURE KETCHUM]; AWWA A100-21 AWWA Standard for Water Wells Advisory [PURE KETCHUM]; TWO PRIVATE STANDARDS ON ONE PAGE), CCP § 1021.5 Private Attorney General Mandatory Attorney Fees

Statutory Framework: Water Code § 13750.5 and SWRCB Water Well Driller License — Well Driller Registration Program Requirements, Scope of Practice, NGWA Standards [PURE KETCHUM], AWWA A100-21 [PURE KETCHUM], and CCP § 1021.5 Mandatory Attorney Fees

California Water Code § 13750.5 — enacted as part of the California Well Driller Registration Program (§§ 13750–13755.5) administered by the State Water Resources Control Board (SWRCB) — requires that every person who constructs, reconstructs, destroys, or abandons a water well in California hold a current SWRCB Water Well Driller License (WDL) issued by the SWRCB. The WDL is a personal professional license issued to the individual driller; it is distinct from a contractor business license, and the requirement applies to the individual who physically constructs the well. For every well constructed, the licensed driller must submit a Well Completion Report (WCR) to the SWRCB within 60 days of well construction completion; the WCR documents the well location and assessor parcel number, total depth and screened interval, casing material and specifications, annular seal grout type and placement depth, pump installation details, pumping test results, and water quality sampling results. The WCR is both a regulatory compliance document and the primary Welch anchor for establishing unlicensed well construction practice under § 13750.5; a WCR submitted under an unlicensed driller’s name, or the complete absence of a required WCR, establishes the statutory violation element. A person who constructs a water well without a valid SWRCB WDL commits unlicensed well construction practice under the California Well Driller Registration Program; that violation is actionable under CCP § 1021.5 when the litigation vindicates a public interest in licensed well construction protecting California groundwater users and the California aquifer system from unlicensed construction of water wells that can introduce surface contaminants, chemical pollutants, and biological pathogens into groundwater supplies used by California households, farms, and communities. Primary Welch anchors: SWRCB WCR database at waterboards.ca.gov + SWRCB Water Well Driller License registry at waterboards.ca.gov.

NATIONAL GROUND WATER ASSOCIATION NGWA STANDARDS FOR WATER WELL CONSTRUCTION AND INSTALLATION ADVISORY — THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH AN NGWA STANDARDS FOR WATER WELL CONSTRUCTION ADVISORY — PURE KETCHUM: The National Ground Water Association (NGWA, founded 1948 as the National Water Well Association, renamed 1991; Westerville OH) is a private nonprofit professional association representing the groundwater industry, including water well drilling contractors, groundwater scientists and engineers, equipment manufacturers, and affiliated organizations; NGWA promulgates private industry standards for water well construction and installation that are widely recognized as the accepted technical benchmark for licensed well driller practice in California and throughout the United States. NGWA Standards for Water Well Construction and Installation (2020 edition) establish the minimum technical requirements for sound well construction practice. Key NGWA Standards requirements applicable to SWRCB Water Well Driller practice include: (1) Section 3.2 — steel casing minimum specifications requiring that for wells greater than 50 feet deep in unconsolidated formations, steel casing must be minimum 14-gauge (0.075-inch) wall thickness for wells 8 inches in diameter or less, or minimum Schedule 40 for larger diameter wells; casing joints must be threaded, welded, or mechanically coupled to maintain structural integrity and exclude surface contaminants; a licensed well driller must document the casing specification in the WCR to demonstrate compliance with Section 3.2; (2) Section 4.3 — annular seal (grout) requirements specifying that a cement grout annular seal of minimum 12-foot surface seal depth must be placed immediately around the well casing in the annular space between the casing and the borehole wall from the land surface downward; in zones of artesian pressure or for public water supply wells, a minimum 50-foot grout seal is required; the grout seal must be placed by the tremie method (pumping grout from the bottom of the annular space to the top) to ensure elimination of voids and bridges that would create preferential pathways for surface water and contaminant infiltration; an unlicensed driller who installs casing without placing a cement grout annular seal leaves the well vulnerable to direct infiltration of surface irrigation water, septic system effluent, and chemical runoff from agricultural activities; (3) Section 5.1 — well disinfection requirements specifying that before collecting the final water quality sample, the completed well must be disinfected with a chlorine solution of minimum 100 mg/L free chlorine residual maintained for a minimum contact time of 12 hours, followed by complete purging of the disinfectant from the well before collecting the bacteriological sample; disinfection prevents contamination of the well and the formation water sample from drilling equipment surfaces, casing materials, and formation water introduced during construction. An unlicensed driller who fails to perform the NGWA Section 4.3 tremie-method grout seal or the NGWA Section 5.1 disinfection protocol before water quality sampling commits documented NGWA Standards water well construction practice deficiencies. NGWA Standards for Water Well Construction and Installation creates no statutory fee-shifting; it is a PURE KETCHUM advisory.

AMERICAN WATER WORKS ASSOCIATION AWWA A100-21 AWWA STANDARD FOR WATER WELLS ADVISORY — THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH AN AWWA A100-21 ADVISORY — PURE KETCHUM: The American Water Works Association (AWWA, founded 1881, Denver CO) is a private nonprofit professional association representing the water supply industry, including water utilities, equipment manufacturers, and engineering professionals; AWWA promulgates private technical standards for water infrastructure, including AWWA A100-21 (AWWA Standard for Water Wells, 2021 edition), which establishes comprehensive technical requirements for construction, testing, and commissioning of water supply wells. Key AWWA A100-21 requirements applicable to SWRCB Water Well Driller practice include: (1) Section 4.4 — grouting requirements specifying that the annular space between the well casing and the borehole wall must be grouted with neat cement grout or bentonite-cement grout for a minimum depth of 20 feet from the land surface (or to the top of the screened interval if the screen is within 20 feet of the surface); grouting must be completed within 24 hours of casing installation to prevent borehole collapse and formation sloughing; grouting records including grout type, volume placed, tremie pipe placement depth, and date of grouting must be maintained in the driller’s construction log and reported in the WCR; the absence of grouting records in the WCR or driller’s construction log is itself a regulatory violation under 3 CCR § 13751 independent of the substantive grouting deficiency; (2) Section 5.3.1 — pump test requirements specifying that before the well is placed in service for a water supply application, a pumping test must be conducted at a flow rate equivalent to at least 75% of the design yield for a minimum duration of 4 hours; the pumping test must document initial static water level, pumping rate, stabilized pumping water level (drawdown), recovery curve after pump shutdown, and final calculated specific capacity in gallons per minute per foot of drawdown; the pump test confirms that the well meets design specifications and does not induce excessive aquifer drawdown under sustained operating conditions; (3) Section 8.2 — water quality testing requirements specifying that before a newly completed well is placed in potable water supply service, water quality sampling and laboratory analysis must be completed for total coliform bacteria and E. coli (using EPA Method 9223B or equivalent), nitrate (as N), nitrite (as N), pH, and any contaminants of concern identified in the area hydrogeology including arsenic, uranium, hexavalent chromium, or other naturally occurring constituents; results must meet applicable drinking water maximum contaminant levels (MCLs) established under the California Safe Drinking Water Act before the well is connected to a distribution system serving human consumers. An unlicensed driller who delivers a completed well without obtaining AWWA A100-21 Section 8.2 water quality test results or without maintaining AWWA A100-21 Section 4.4 grouting records commits documented AWWA A100-21 water well construction practice deficiencies. AWWA A100-21 creates no statutory fee-shifting; it is a PURE KETCHUM advisory.

Three-Track Harm: Stanislaus County Domestic Well Grout Seal Omitted E. Coli Detected Two Pediatric Hospitalizations ($285K), Tulare County Irrigation Well Grouting Records Absent Nitrate MCL Exceedance Aquifer Monitoring ($195K), and San Bernardino County Monitoring Well WCR Never Submitted Permit Suspended ($95K)

• STANISLAUS COUNTY RURAL RESIDENTIAL PROPERTY 320-FOOT DOMESTIC WATER WELL UNLICENSED DRILLER — NGWA SECTION 4.3 ANNULAR SEAL GROUT OMITTED ENTIRELY — NO CEMENT GROUT SEAL PLACED AROUND CASING IN TOP 50 FEET OF BOREHOLE — SURFACE IRRIGATION WATER INFILTRATION THROUGH UNGROUTED ANNULAR SPACE — TOTAL COLIFORM 240 MPN/100ML E. COLI 18 MPN/100ML DETECTED IN HOUSEHOLD TAP WATER — FOUR FAMILY MEMBERS GASTROINTESTINAL ILLNESS — TWO PEDIATRIC HOSPITALIZATIONS — WELL CONDEMNED — SWRCB WELL DRILLER LICENSE INVESTIGATION — $285,000. A Stanislaus County rural residential property owner retained a person to drill a 320-foot domestic water supply well to replace a failing shallow well on the property; the SWRCB Water Well Driller License registry search confirmed no valid WDL for the driller’s name. The unlicensed driller installed 6-inch steel casing to the full well depth and completed the installation without placing any cement grout annular seal around the casing in the critical upper 50 feet of the borehole; the NGWA Section 4.3 tremie-method grout placement procedure was neither performed nor documented in the driller’s work records. The absence of the annular seal left the annular space between the casing and the unconsolidated alluvial borehole wall completely open to surface infiltration; the property was surrounded by active row crop agriculture, and furrow irrigation water containing agricultural runoff, organic material, and naturally occurring coliform bacteria pooled along field boundaries immediately adjacent to the wellhead. Surface irrigation water migrated downward through the open annular space, bypassing the normally protective unsaturated zone that would filter and attenuate biological contaminants, and directly entered the well water column. Approximately five months after well installation, routine county health advisory triggered bacteriological testing of the household water supply; results showed total coliform at 240 MPN/100mL and E. coli at 18 MPN/100mL, both far exceeding the zero-tolerance MCL for a potable water supply well. Four family members had experienced recurrent gastrointestinal illness in the months preceding the test; two children under age 10 required hospitalization for dehydration and gastrointestinal infection. The county environmental health department condemned the well as unfit for potable use; the SWRCB initiated a well driller license investigation; and new well construction with full NGWA Section 4.3 compliant grouting and AWWA A100-21 Section 8.2 confirmatory water quality testing required $285,000 in total remediation, replacement, and damages costs.
• TULARE COUNTY AGRICULTURAL IRRIGATION WELL 485-FOOT DEPTH UNLICENSED DRILLER — AWWA A100 SECTION 4.4 GROUTING RECORDS ABSENT — NO DOCUMENTATION OF GROUT TYPE VOLUME OR PLACEMENT DEPTH — GROUT SEAL INADEQUATE — NITRATE CONTAMINATION FROM VADOSE ZONE AGRICULTURAL CHEMICALS MIGRATING THROUGH UNGROUTED ANNULAR SPACE — 18 PPM NITRATE DETECTED VS 10 PPM MCL — BOTTLED WATER REQUIRED FOR THREE ADJACENT RESIDENTIAL PARCELS — SWRCB VIOLATION NOTICE — THREE-YEAR AQUIFER MONITORING AND REMEDIATION REQUIREMENT — $195,000. A Tulare County agricultural operation retained a person to drill a 485-foot irrigation well for almond orchard drip irrigation; the SWRCB Water Well Driller License registry confirmed no valid WDL for the driller. The unlicensed driller submitted a WCR to the SWRCB containing general well construction parameters but completely omitting the AWWA A100-21 Section 4.4 grouting records — no grout type, no volume placed, no tremie pipe placement depth, no date of grouting completion. The WCR deficiency was an independent regulatory violation under 3 CCR § 13751, which requires that WCRs include grouting information for all wells drilled in California. Investigation during SWRCB administrative proceedings established that no annular grout seal had been placed in the upper 150 feet of the borehole; the vadose zone in the Tulare County project area contained elevated concentrations of nitrate from decades of fertilizer applications to overlying agricultural parcels. Without the protective annular grout seal, percolating vadose zone water carrying dissolved nitrate at concentrations substantially above the 10 PPM MCL migrated through the open annular space directly into the water column. Water quality testing from three adjacent residential parcels served by shallow domestic wells within 300 feet of the unlicensed irrigation well showed nitrate concentrations of 14–18 PPM, all exceeding the 10 PPM nitrate MCL for potable water. The SWRCB issued a Violation Notice to the property owner and unlicensed driller, and the three affected residential parcels were required to use bottled water for drinking and cooking. The SWRCB imposed a three-year aquifer monitoring and remediation obligation, and the aggregate cost of remediation, bottled water provision, neighbor notification, and regulatory compliance reached $195,000.
• SAN BERNARDINO COUNTY COMMERCIAL PROPERTY GROUNDWATER MONITORING WELL UNLICENSED DRILLER — SWRCB WELL COMPLETION REPORT REQUIRED UNDER 3 CCR § 13751 NEVER SUBMITTED — DRILLING LOG ABSENT — FORMATION SAMPLES ABSENT — AWWA A100 SECTION 8.2 WATER QUALITY TESTING NEVER PERFORMED — SWRCB DISCOVERY DURING PERMIT APPLICATION REVIEW — ADMINISTRATIVE CIVIL LIABILITY ORDER — MONITORING WELL PERMIT SUSPENSION — REMEDIATION PLAN REQUIRED — $95,000. A San Bernardino County commercial property owner retained a person to install a groundwater monitoring well on the property as a condition of a local agency construction permit; the SWRCB Water Well Driller License registry confirmed no valid WDL for the driller. The unlicensed driller completed the monitoring well installation without submitting the required SWRCB Well Completion Report to the SWRCB within the 60-day statutory deadline under 3 CCR § 13751; the WCR was never submitted at any point. Additionally, no drilling log documenting borehole conditions, formation samples, drilling fluid type and quantities, or groundwater encounter depths was prepared; and no water quality sampling under AWWA A100-21 Section 8.2 was conducted for the monitoring well. When the property owner subsequently applied for a SWRCB groundwater extraction permit referencing the monitoring well for aquifer characterization data, SWRCB permit review staff searched the WCR database and found no WCR on file for the monitoring well location; a subsequent SWRCB field investigation confirmed the monitoring well had been installed by an unlicensed driller and that all required construction documentation was absent. The SWRCB issued an Administrative Civil Liability Order, suspended the monitoring well permit pending re-inspection by a licensed well driller, and required the preparation of a remediation plan to assess whether the unlicensed installation had created any pathway for surface contamination. Total civil penalties and remediation plan costs reached $95,000.

Distinct From CSLB C-57 Well Drilling Contractor (Bus. & Prof. Code § 7028), Water Treatment Plant Operator (Health & Safety Code § 116710), and Environmental Engineer PE-EnvE (Bus. & Prof. Code § 6701)

• DISTINCT FROM CSLB C-57 Well Drilling Contractor (Bus. & Prof. Code § 7028 — CSLB specialty contractor license C-57 authorizes the business entity to perform well drilling as a contractor, requiring a Responsible Managing Officer/Employee holding the C-57 classification) — A CSLB C-57 license is issued by the Contractors State License Board to a contractor entity and authorizes conducting well drilling contracts as a business; the Water Code § 13750.5 Water Well Driller License is issued by the SWRCB to the individual driller and is a personal professional license authorizing the individual to drill water wells: both the CSLB C-57 license and the SWRCB WDL may be required for different regulatory purposes; a C-57 license held by the drilling company does not satisfy the § 13750.5 individual WDL requirement for the driller who physically constructs the well; a person who physically drills a well without a valid SWRCB WDL commits unlicensed well construction under Water Code § 13750.5 regardless of whether the drilling company holds a CSLB C-57 license; the two credentials are issued by different state agencies (DCA/CSLB vs. SWRCB), govern different regulatory purposes (contractor business authorization vs. individual professional licensing), and are required under different statutory schemes; the § 13750.5 fee petition requires confirming absence from the SWRCB Water Well Driller License registry, not the CSLB license database.
• DISTINCT FROM Water Treatment Plant Operator (Health and Safety Code § 116710 — SWRCB Division of Drinking Water T-certificate certification for operation of public water system treatment facilities applying NSF/ANSI/CAN 60 and AWWA C651-14 standards) — A Water Treatment Plant Operator T-certificate authorizes operation of surface water or groundwater treatment facilities under the California Safe Drinking Water Act; it does not authorize constructing, drilling, or abandoning water wells under the California Well Driller Registration Program: a Water Treatment Plant Operator T-certificate governs the operation of water treatment facilities and does not involve any authority over well construction activities; the two credentials are issued under different regulatory programs, governed by different statutes (Water Code § 13750.5 vs. Health and Safety Code § 116710), and cover entirely different regulated activities (well construction vs. treatment plant operation); a T-certificate held by the defendant does not establish any qualification to perform water well construction, and does not defeat a § 13750.5 fee petition targeting unlicensed well drilling; the § 13750.5 fee petition requires confirming absence from the SWRCB Water Well Driller License registry, not the SWRCB operator certification database.
• DISTINCT FROM Environmental Engineer Professional Engineer (Bus. & Prof. Code § 6701 PE-EnvE — BPELSG PE-EnvE license for environmental engineering practice including site characterization, groundwater remediation design, and contaminated site cleanup) — A PE-EnvE license authorizes environmental engineering practice including design of groundwater remediation systems and review of hydrogeological data; it does not authorize physically drilling water wells under the California Well Driller Registration Program: a PE-EnvE license governs professional engineering practice in environmental engineering disciplines and may be required for the design of a groundwater remediation system or the review of well construction data; it does not authorize the physical act of drilling a water well under Water Code § 13750.5; a PE-EnvE who designs a well system but retains an unlicensed driller to physically construct the well does not thereby shield the unlicensed driller from liability under § 13750.5; the § 13750.5 fee petition requires confirming absence from the SWRCB Water Well Driller License registry, not the BPELSG PE-EnvE license database; the two credentials are issued by different agencies (SWRCB vs. BPELSG), govern different professional activities (physical well construction vs. engineering design), and are required under different regulatory frameworks.

Billing Gaps 1–3 Summary (13.25 hrs/yr = $3,975–$6,625/yr)

Frequently Asked Questions