Testholes to be used for freshwater

When a testhole to be plugged may safely be used as a freshwater well, and such utilization is desired by the landowner, the testhole need not be filled above a sealing plug set below the freshwater aquifer; provided, that written authority and assumption of liability for such use and plugging shall be secured from the landowner and filed with the state geologist. The person conducting the coal exploration shall be relieved of that person's responsibility under this chapter. The landowner assuming ownership and liability for the testhole shall comply with the rules for water well construction and water well pump installation pursuant to North Dakota Century Code chapter 43-35.