10.1 Commission means the Arkansas Water Well Construction Commission as created by Section 5 of Act 641 of 1969, as amended.

10.2 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. (Subsection E, Section 3, of Act 641 of 1969).

10.3 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. 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. (Subsection H, Section 3, of Act 641 of 1969).

10.4 Well construction means the act of setting up the rig for and engaging in the excavation of a water well, the modification of the borehole, the setting or removal of casing up to the point of installing or repairing pump equipment, and plugging abandoned water wells.

10.5 Aquifer means a water bearing formation that transmits water in sufficient quantity to supply a well.

10.6 Established ground surface means the elevation of the ground surface at the site of the well.

10.7 Non-pumping (static) water level means the elevation of the water surface in a well when no water is being pumped.

10.8 Annular space means the opening between a well hole excavation and the well casing or curb, or between a casing pipe and a liner pipe.

10.9 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.

10.10 Unconsolidated formation means a geological formation above bedrock such as sand or gravel which is caving in nature.

10.11 Consolidated formation means a geological formation which is firm such as rock, slate or clay that will not cave.

10.12 Owner means the persons who own the property on which the well is being constructed.

10.13 Rig means the machinery used in the construction or repair of water wells. 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.

10.14 Chemigation means any activity or method which adds a foreign substance; such as fertilizers, herbicides, fungicides, pesticides, and other substances or chemicals, to a water system through mechanical or manual means.

10.15 Backwash means the surging effect or reversal of water flow in a well.

10.16 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.

10.17 Excessive sediment means sediment which is excessive for the purpose or intended use of the well as measured using EPA Test Method 160.5 (Imhoff Cone).

10.18 Sediment -- All particles or materials which are not suspended in standing water. 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.

10.19 Undesirable geological formations are formations that produce water which have characteristics that are not conducive to the use or purpose for which the well is to be used. The characteristics of each Geological Formation vary greatly depending upon the location and depth of each formation. Formations with undesirable characteristics are considered undesirable relative to other formations at the same location which can produce water for the intended use, which are known to have the desired quality.

10.20 Ground water -- Water occurring in the ground.

10.21 Surface water- Water located above the ground.

10.22 Harmful bacteria -- The presence of coliform bacteria constitutes the presence of harmful bacteria.

10.23 Saturated zone -- The subsurface zone in which all openings are full of water.

10.24 Contamination -- The degradation of natural water quality as a result of man's activities. 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.

10.25 Monitoring wells -- Wells constructed for the purpose of locating and sampling for Engineering or Geological data.

10.26 Static water level -- The level water naturally reaches in a well, at atmospheric pressure.

10.27 Well yield -- The volume of water discharged from the well after construction expressed in gallons per minute (gpm) or gallons per hour (gph). Well yield is an estimate of the total volume of water the well is capable of producing at the time of construction.

10.28 Abandoned water well means a well whose use has been permanently discontinued. Any well shall be deemed abandoned which is in such a state of disrepair that continued use for the purpose of obtaining ground water is impractical.

10.29 Standard dimension ration (SDR) -- Outside diameter in inches divided by the wall thickness in inches.

10.30 Master plumber -- A person currently holding a valid master plumbers license pursuant to Arkansas Code Ann. 17-31-101 et. seq.

10.31 Master electrician -- A person currently holding a valid master electricians license pursuant to Arkansas Code Ann. 17-25-101 et. seq. and 20-31-101 et. seq.

10.32 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.

10.33 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.

10.34 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.

10.35 Public well means any well supplying water to a public water system as defined and regulated by the Arkansas Department of Health. In general, this means a well serving or anticipated to serve 15 or more connections or an average of at least 24 individuals 60 or more days in a year.

10.36 Semi-public well means any well supplying water to a semi-public water system as defined and regulated by the Arkansas Department of Health. In general, this means a well supply made available to the public for drinking or used in connection with the manufacturing, processing, or handling of ice, food, or drink.

10.37 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.

10.38 Apprenticeship program means a program developed by the Commission pursuant to § 17-50-312 to develop certain minimum knowledge, skills or abilities in those natural persons desiring registration as Pump Installers or Water Well Drillers.

10.39 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.

10.40 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.

10.41 Thermal fluid means a fluid used to transfer thermal energy. The thermal fluid must be biodegradable and non-toxic in soil or water.

10.42 Unsaturated zone means the subsurface zone, usually starting at the land surface, which contains both air and water.

10.43 Bentonite means altered volcanic ash consisting of an assemblage of clay minerals, primarily montmorillonite, a swelling clay.

10.44 Major aquifers mean water-bearing layers of rock or sediment capable of yielding water in large quantities to wells or springs. These aquifers include the Boone aquifer, and those of the Ozark aquifer system such as the Roubidoux formation and Gunter sandstone.

10.45 Packer means a piece of downhole equipment that consists of a sealing device, a holding or setting device, and an inside passage for fluids.

10.46 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 Ark. Code Ann. § 17-50-104.

10.47 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. It does not include cooling units, horizontal electric motors, heat pump circulating pipe, and stationary diesel or gas engines.

10.48 Returning military veteran means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable.