Testholes to be used for fresh water

1. If a testhole to be plugged may be used safely 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 written authority and assumption of liability for the use and plugging is secured from the landowner and filed with the state geologist. The person conducting the critical mineral exploration must be relieved of that person's responsibility under this chapter. 2. 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.