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HomeMy WebLinkAbout20210526Application.pdfNorth Star Water,LLC PO Box 3723 Nampa,ID 83653 May 25,2021 Commission Secretary Idaho Public Utilities Commission PO Box 83720 t'S -La -D \-C ( Boise,Idaho 83720-0074 RE:Application for a Certificate of Public Convenience and Necessity The North Star Subdivision Public Water System will supply water to a 24-lot subdivision in Canyon County,Idaho.Water will be used for in-home potable purposes, lawn irrigation,and fire protection.The Water System is located on the east side of Wagner Road approximately 1 mile west of the City of Caldwell's current municipal boundary in Canyon County,Idaho.The legal description of the subdivision is the W ½of the NW ¼of Section 8 within Township 3 North,Range 3 West.The well and pump house are located on the south side of Long Meadow Drive near its intersection with Wagner Road. A Certificate Application is enclosed together with the required supplemental information.The purpose of this application is to request the Commission to issue a Certificate of Public Convenience and Necessity (CPCN)authorizing the North Star Water,LLC to operate as a public utility in the state of Idaho and to serve the geographical area requested above. Sincerely, Mike Black Enclosed:Application &Appendices Name of small water company (SWC):North Star Water,LLC Name and title of primary contact person :Mike Black,managing member Telephone number(s)for primary contact :(208)283-0237 SWC Mailing address :PO Box 3723 Nampa,ID 83653 Street address for SWC if different from mailing address :lot 1 in block 2 of Jim Carrie’s Northstar Subdivision (actual well lot) Email address :Blackwaterllc.idaho@gmail.com 1.Type of business organization that the SWC is registered under:(Corporation,LLC, Partnership or Proprietorship): LLC 2.In what state is the company organized? Idaho 3.Is the company registered with the Idaho Secretary of State (ISOS)and authorized to do business in Idaho? Yes 4.Attach copies of applicable by-laws,articles of incorporation and/or other organizational documents on file with the ISOS. Certificate of Organization attached as appendix 1. 5.Are there any affiliated companies with which the water system shares office space, employees,expenses or provides services to the water system?If there are,please attach a detailed description of the relationship,otherwise indicate no. North Star Water,LLC shares an office space with Black Water,LLC,W&WW,LLC,and Rivervine Water &Sewer,LLC but does not share employees or expenses with any of the companies.Black Water,LLC will provide the Operation &Maintenance for the North Star Water System. 6.Attach a legal description for the certificated area to be served and a map. The legal description of the subdivision is the W ½of the NW ¼of Section 8 within Township 3 North,Range 3 West.Plat attached as appendix 2. 7.Attach a map of the area showing the location of wells,reservoirs,water lines,booster pumps,valves,etc.for your system.Also indicate the locations and names of all public utilities,corporations,or persons with which the utility will likely compete. Mechanical piping photo sheet,proposed improvements,and pipeline layouts attached as appendix 3.North Star Water,LLC will not compete with any public utilities, corporations,or person because other water services are not available in the area. 8.Attach the most recent DEQ Sanitary Survey (if applicable). NA 9.Identify the Certified water system operator and certificate number.: Mike Black License Number DWD1 -18682 Operator license is attached as appendix 4. 10.Is the system approved by the Idaho Department of Environmental Quality (DEQ)or local health district?Yes/No It is currently in the process of being approved.Dan Smith stated that it will be approved once the application for a Certificate of Public Convenience and Necessity is submitted. 11.Attach information showing the water rights license or permit owned by the water utility. The Idaho Department of Water Resources under Water Right and Adjudication Search still isn’t showing the new owner of the water rights.The Water Rights Transfer Application is attached as appendix 5.The water rights will then be transferred from Elevation 2500 Partners,LLC to North Star Water,LLC.The Warranty Deed for the water rights is attached as appendix 6.The Warranty Deed will be signed at closing when the current developer sells the subdivision to the new developer.North Star Water,LLC owns the lot the well and water system that is located on it.The Well lot Quitclaim Deed is attached as appendix 7. 12.Attach the anticipated schedule of construction including proposed date to begin providing service. Construction was completed back in 2008 but was never approved by DEQ.A few upgrades need to be made to the water system but will not be completed until DEQ approves the PER/plan &specs &TFM.Dan Smith stated that they will be approved as soon as our application was submitted to the Public Utilities Commissions.North Star Water,LLC will provide water service for construction only around August 1st 2021,and will later provide water service for homeowners around November 2021 at the earliest. 13.Attach the estimated cost for utility construction and statement of anticipated annual maintenance costs. The utility construction was completed in 2008 and paid by the original developer so North Star Water,LLC is unaware of the original cost of construction.However,the estimated cost of the upgrades is $221,050.The anticipated annual maintenance cost is included on the Operation &Maintenance Expenses attached as Appendix 8. 14.Attach a statement of the manner in which the applicant proposes to finance new utility construction. Upgrades to the water system are being paid by the current owner of the subdivision, Elevation 2500 Partners,LLC. 15.Number of customers currently connected to system.Number of Residential accounts Number of Commercial accounts NA.No customers are currently connected. 16.Number of customers ultimately to be served by the system. Number of Residential accounts -24 Number of Commercial accounts -0 17.Attach monthly water production data from all sources. NA.No customers are currently connected. 18.Attach monthly consumption data for the various types of customers currently connected to the water system. NA.No customers are currently connected. 19.Attach a description of proposed rates and charges. Note:Separate rates between residential and commercial customers’rates.Typically water rates are either a flat monthly charge regardless of the amount of water consumed or a metered rate with a basic charge that includes a block of water (000s of gallons or 00s of cubic feet)plus a commodity charge for consumption in excess of the initial block included in the basic charge. Domestic service will be $70 per month with an additional $30 per month for irrigation water. 20.Attach a set of detailed financial statements (income and balance sheet)for the most recent three years for the water system (one or two if new company)or a detailed budget for a new system with no financial history. North Star Water,LLC is a new water system so it doesn’t have financial history.A detailed budget is included on the Operation &Maintenance Expenses attached as appendix 8. 21.Attach a list of current customers and mailing addresses. NA.No customers are currently connected. 22.You are required to inform your customers (if any)of the Application.The notice should briefly describe the service area and proposed rates.It should include the Commission’s phone number (208)334-0300 and mailing address:Commission Secretary, Idaho Public Utilities Commission,PO Box 83720,Boise,Idaho 83720-0074.Have the existing customers been notified?(Yes/No)If yes,attach a copy of the Notice.If no, attach an explanation.Has the Company issued a Press Release? (Yes/No)If yes,attach a copy.If no,attach an explanation. NA.No customers are currently connected. List of Appendices Appendix 1:Certificate of Organization Appendix 2:Plat Appendix 3:Mechanical Piping photo sheet,Proposed improvements,and pipeline layouts Appendix 4:Operator License Appendix 5:Water Rights Transfer Application Appendix 6:Water Rights Warranty Deed Appendix 7:Well Lot Quitclaim Deed Appendix 8:Operation &Maintenance Expenses Appendix 1 Certificate of Organization Appendix 2 6XEGLYLVLRQ3ODW Appendix 3 0HFKDQLFDO3LSLQJ3KRWR6KHHW3URSRVHG  ,PSURYHPHQWVDQG3LSHOLQH/D\RXWV Appendix 4 Operator License               !          !      "#$ %&'(' )* '+, )*  &- ' .  /&0,1 )23 4 )- .-5 /) 4'' 5 @*+5 .&-0)5 22)''E41 )25 8*F%FG+5 8 & )*5 >&' ''/K 5 E)P , 4 3''&5 1P')2F: '2 >*5 %&'5 '+, %&'5 9Q+) 5 Appendix 5 Water Rights Transfer Application April 22, 2021 Nick Miller, Manager IDWR Western Region Office 2735 Airport Way Boise, ID 83705 Subject: Notice of Change in Water Rights Ownership Dear Nick, Enclosed on behalf of Elevation 2500 Partners LLC, is an ownership change notice for water rights 63-32262 and 63-33225. Check #1098 is enclosed for the $50 filing fee. Thank you very much for your consideration and assistance in this matter. Please call me if you have any questions. Sincerely, Lori Graves Sr. Water Rights Specialist Cc: Elevation 2500 Partners LLC (via mail) Black Water LLC (via email) Enclosures SPF file number: 1107 0050 300 E. Mallard Drive, Suite 350. Boise, Idaho 83706 Tel, 208-383-4140 Fax, 208-383-4156 Form 42-248/42-1409(6) Rev. 1/15 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES Notice of Change in Water Right Ownership I. List the numbers of all water rights and/or adjudication claim records to be changed. If you only acquired a portion of the water right or adjudication claim, check" Yes" in the "Split?" column. If the water right is leased to the Water Supply Bank, check "Yes". If you are not sure if the water right is leased to the Water Supply Bank, see #6 of the instructions. Water Right/Claim No. Split? Leased to Water Water Right/Claim No. Split? Leased to Water Supply Bank? Supply Bank? 63-32262 Yes D Yes D Yes D Yes D 63-33225 Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D Yes D 2. Previous Owner's Name: 63-32262: lntermountain Development Corp; 63-33225: D L Evans Bank Name of current water right holder/claimant 3. New Owner(s )/Claimant(s ): _E_le_v_a_ti_o_n_2_5_0_0'_P_a_rt_n_e_rs_,_L_L_C --==----==----=,------ New owner(s) as listed on the conveyance document Name connector D and D or D and/or 10284 W River Rock Ln Garden City ID 83714 -----'-------- Mailing address (208) 861-3924 State ZIP City Tj@antlercreekhomes.com Telephone Email 4. If the water rights and/or adjudication claims were split, how did the division occur? 0 The water rights or claims were divided as specifically identified in a deed, contract, or other conveyance document. D The water rights or claims were divided proportionately based on the portion of their place(s) of use acquired by the new owner. Date you acquired the water rights and/or claims listed above: _2_12_5_1_2_0_2_1 _ If the water right is leased to the Water Supply Bank changing ownership of a water right will reassign to the new owner any Water Supply Bank leases associated with the water right. Payment of revenue generated from any rental of a leased water right requires a completed IRS Forrn W-9 for payment to be issued to an owner. A new owner for a water right under lease shall supply a W-9. Water rights with multiple owners must specify a designated lessor, using a completed Lessor Designation form. Beginning in the calendar year following an acknowledged change in water right ownership, compensation for any rental will go to the new owner(s). 5. 6. 7. This form must be signed and submitted with the following REQUIRED items: ~ A copy of the conveyance document - warranty deed, quitclaim deed, court decree, contract of sale, etc. The conveyance document must include a legal description of the property or description of the water right(s) ifno land is conveyed. ~ Plat map, survey map or aerial photograph which clearly shows the place of use and point of diversion for each water right and/or claim listed above (if necessary to clarify division of water rights or complex property descriptions). ~ Filing fee (see instructions for further explanation): o $25 per undivided water right. o $100 per split water right. o No fee is required for pending adjudication claims. 0 If water right(s) are leased to the Water Supply Bank AND there are multiple owners, a Lessor Designation form is required. D If water right(s) are leased to the Water Supply Bank, the individual owner or designated lessor must complete, sign and submit an ~~ Signature: tgflPu, scc11enc1atmant Signature: Signature of new owner/claimant 8. f-20-w?- I Date Title, if applicable Date For IDWR Office Use Only: Receipted by _ Date _ Receipt No. _ If yes, forward to the State Office for processing Receipt Amt. _ W-9 received? Yes D No D Date _ Active in the Water Supply Bank? Yes D No D Name on W-9 ------------ Approved by _ Processed by _ • Fidelity National 11tle' Escrow No.: 34602018333-BB 2021-013774 RECORDED 02/25/2021 01 :41 PM CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=2 SCARDENAS $15.00 TYPE: DEED FIDELITY NATIONAL TITLE EAGLE - 485 ELECTRON/CALLY RECORDED WARRANTY DEED FOR VALUE RECEIVED D.L. Evans Bank, successor by merger to Idaho Banking Company GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: Elevation 2500 Partners, LLC, an Idaho Limited Liability Company GRANTEE(S), whose current address is: 10284 W River Rock Ln, Garden City, ID 83714 the following described real property in Canyon County, Idaho, more particularly described as follows, to wit: Lots 1 through 17 in Block 1; Lots 1 through 11 in Block 2 and Lot 1 in Block 3 of Jim Carrie's Northstar Subdivision, Canyon County, Idaho, according to the official plat thereof, filed in Book 42 of Plats at Page 30, records of said County. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantce(s). that Grantor(s} is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, If any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, the undersigned have executed this document on the datc(s) set forth below. Deed (Warranty) IU01052.doc I Updated: 05.20.19 Page 1 Printod: 02.23.21 @ 02:32 PM by 1313 ID-FT-FXEA--03460.216262-34602018333 WARRANTY DEED (continued) Effective this 25th day of February, 2021. nk, successor by merger to Idaho Banking Company ST ATE OF Idaho, COUNTY OF N'\ i V'-1 k (< d\ . -ss. On this~ day of hlo4 • C'tJi , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Squire,nown or identified to me to be the Authorized Signor of the corporation that executed th instrument or the persons who executed on behalf of D.L. Evans Bank, successor by merger to Idaho Bank' g Company, n Idaho Corporation and acknowledged to me that he executed the same as such. Signature: ""'lllt~.A'--'-"'-'-',.._"-:-"....._....:. _ Name: --:--"~-::!""''-'-"'........_.-1--.......,~rr---1'---­ Residing at: _....,.""""~--:,,<..1.......,.-........,=-­ My Commission Exp (SEAL) DIANA um.& 1ltll NOTARY PUBLIC . STATE OF ID.AHO My Commlalon ExplrN: 121201202I Deed (Warranty) IOD1052 doc I Updated: 05.20.19 Page 2 Printed: 02.23.21 @02:32 PM by BB IO-FT-FXEA--03460.216262-34602018333 111111 Ill 111 II 1111111111 1111 1111 111111 0003934677 STATE OF IDAHO Office of the secretary of state, Lawerence Denney ANNUAL REPORT Idaho Secretary of State PO Box 83720 Boise, ID 83720-0080 (208) 334-2301 Filing Fee: $0.00 For Office Use Only -FILED- File#: 0003934677 Date Filed: 7/8/2020 8:07:08 AM Entity Name and Mailing Address: Entity Name: ELEVATION 2500 PARTNERS LLC The file number of this entity on the records of the Idaho Secretary 0000564693 of State is: Address 10284 W RIVER ROCK LN GARDEN CITY, ID 83714-8087 Entity Details: Entity Status Active - Existing This entity is organized under the laws of: IDAHO If applicable, the old file number of this entity on the records of the W186897 Idaho Secretary of State was: The registered agent on record is: Registered Agent TARON SAYERS Registered Agent Physical Address 10284 W RIVER ROCK LN GARDEN CITY, ID 83714 Mailing Address Limited Liability Company Managers and Members Name Title Business Address 11 Taron J Sayers Manager 10284 W. RIVER ROCK LANE GARDEN CITY, ID 83714 The annual report must be signed by an authorized signer of the entity. Taron J. Sayers 07/08/2020 Sign Here Date Job Title: Manager Page I of I OJ 0 V, N N I \.D V, 0 N 0 -...] .......... 0 0) .......... N 0 N 0 0) 0 -...] H 0 CJ) (D 0 H (D rt U> H '< 0 H) CJ) rt U> rt (D t-l U> ~ (D H (D !:j 0 (D 0 (D !:j !:j (D '< IDWR offices are open to the public and following the CDC guidelines for wearing masks and observing social x distancing. For in-person visits, we encourage you to call ahead for an aRROintment. ~ Water Rig!ill Research Search Water Rig!ill WATER RIGHT REPORT 3/11/2021 IDAHO DEPARTMENT OF WATER RESOURCES Water Right Report WATER RIGHT NO. 63-32262 Owner Type Name and Address Current Owner INTERMOUNTAIN DEVELOPMENT CORP PO BOX 624 MOUNTAIN HOME, ID 83647 2088676344 Priority Date: 01/16/2006 Basis: License Status: Active Source ITributa[Y. GROUND WATER Beneficial Use From To ~iversion Rate Volume DOMESTIC 01 /01 12/31 0.22 CFS 14.4 AFA Total Diversion .22 CFS 14.4 AFA Location of Point(s) of Diversion: GROUND WATERJNWNWJSec. 08JTownship 03NJRange 03WICANYON County DOMESTIC Use: Number of homes: 24 Place(s) of use: Place of Use Legal Description: DOMESTIC CANYON County Township I Range I Section I Lot I Tract I Acres I Lot I Tract I Acres I Lot I Tract I Acres I Lot I Tract I Acres 03N 03W 8 NWNW SWNW Conditions of Approval: 1. WB5 Domestic use is for 24 homes and does not include lawn, garden, landscape, or other types of irrigation. 2. 071 The domestic use authorized under this right shall not exceed 13,000 gallons per day per home. 3. X59 Point of diversion is located within Lot 1, Blk. 1, Northstar Subdivision. 4. X60 Place of use is located within Lots 2-16, Blk. 1, and Lots 2-10, Blk. 2, Northstar Subdivision. 5. 004 This right does not grant any right-of-way or easement across the land of another. 6. 103 When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of water required for mitigation, which is to be released into the Snake River or a tributary for this purpose, will be determined by the Director based upon the reduction in flow caused by the use of water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall be in conformance with applicable rules allowing the right holder due process as the need for mitigation and the amount of mitigation are determined. Dates: Licensed Date: 07/19/2012 Decreed Date: Permit Proof Due Date: 5/1/2009 Permit Proof Made Date: 4/30/2009 Permit Approved Date: 5/17/2006 Permit Moratorium Expiration Date: Enlargement Use Priority Date: Enlargement Statute Priority Date: Water Supply Bank Enrollment Date Accepted: Water Supply Bank Enrollment Date Removed: Application Received Date: 12/13/2005 Protest Deadline Date: 04/24/2006 Number of Protests: O Other Information: State or Federal: Owner Name Connector: Water District Number: TBD Generic Max Rate per Acre: Generic Max Volume per Acre: Civil Case Number: Old Case Number: Decree Plantiff: Decree Defendant: Swan Falls Trust or Nontrust: N Swan Falls Dismissed: DLE Act Number: Cary Act Number: Mitigation Plan: False State of ldah o Department of Water Resources Water Right 63-32262 DOMESflC The map depicts the place of use for the water use listed above and point( s) of diversion of this right as currently derived from interpretations of the paper records and is used solely for illustrative purposes. Discrepancies between the computer representation and the permanent document file will be resolved in favor of the actual water right documents in the water right file. 0 0.0275 0.055 0.11 0.165 0.22 "C C Q) c:n Q) ...J · Point of Diversion P1ace of Use Boundary 0Townships D PLS Sections =1 Quarter Quarters N A ~ -- - - - ----- ----- Miles ID.A LIQ Department of 'I u 11 Water Resources IDWR offices are open to the public and following the CDC guidelines for wearing masks and observing social x distancing. For in-person visits, we encourage you to call ahead for an aRROintment . .tl.Qme. Water Rig!:lU Research Search Water Rig!:lU WATER RIGHT REPORT 3/11/2021 IDAHO DEPARTMENT OF WATER RESOURCES Water Right Report WATER RIGHT NO. 63-33225 Owner Ty~ Name and Address Current Owner D L EVANS BANK PO BOX 1188 BURLEY, ID 83318-0826 2086786000 Original Owner W K ADAMS 1307 S 11TH AVE CALDWELL, ID 83605 Original Owner LEROY O NIELSEN Original Owner LOLA M NIELSEN 4520 E HOMEDALE RD CALDWELL, ID 83605 2084591988 Priority Date: 07 /2811960 Basis: Decreed Status: Active Source ITributa[Y- GROUND WATER Beneficial Use From To ~iversion Rate Volume IRRIGATION 03/01 11 /15 0.62 CFS 138.6 AFA Total Diversion .62 CFS 138.6 AFA Location of Point(s) of Diversion: GROUND WATERjSWNwjsec. 08jTownship 03N I Range 03WjCANYON County Place(s) of use: Place of Use Legal Description: IRRIGATION CANYON County Township I Rangel Section I Lot I Tract I Acres I Lot I Tract I Acres I Lot I Tract I Acres I Lot I Tract I Acres 03N 03W 8 NWNW 10.8 SWNW 20 Total Acres: 30.8 Conditions of Approval: 1. C18 This partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42-1412(6), Idaho Code. 2. P21 This right is a split from former right 63-3209. Dates: Licensed Date: Decreed Date: 04/29/2009 Enlargement Use Priority Date: Enlargement Statute Priority Date: Water Supply Bank Enrollment Date Accepted: Water Supply Bank Enrollment Date Removed: Application Received Date: Protest Deadline Date: Number of Protests: 0 Other Information: State or Federal: S Owner Name Connector: Water District Number: TBD Generic Max Rate per Acre: Generic Max Volume per Acre: Civil Case Number: Old Case Number: Decree Plantiff: Decree Defendant: Swan Falls Trust or Nontrust: Swan Falls Dismissed: OLE Act Number: Cary Act Number: Mitigation Plan: False State of ldah o Department of Water Resources Water Right 63-33225 IRRIGATION The map depicts the place of use for the water use listed above and point( s) of dive rs ion of this right as currently derived from interpretations of the paper records and is used solely for illustrative purposes. Discrepancies between the computer representation and the permanent document file will be resolved in favor of the actual water right documents in the water right file. 0 0.03 0.06 0.12 0.18 0.24 'Cl C Q) en Q) ..J - Point of Diversion Place of Use Boundary Orownships D PLS Sections C! Quarter Quarters N A ~ -- - - - ------ ------ l,liles Appendix 6 Warranty Deed WATER RIGHT DEED - 1 (Space Above For Recorder’s Use) WATER RIGHT DEED For value received ELEVATION 2500 PARTNERS LLC (“Grantor”), whose address is 10284 W. River Rock Lane, Garden City, Idaho 83714-8087, conveys, grants, bargains, and sells to NORTH STAR WATER, LLC (“Grantee”), whose address is 2930 East Deer Flat Road, Kuna, Idaho 83634, and its successors and assigns forever, the following described water rights, which are appurtenant to the real property situated in Canyon County, State of Idaho, legally described in Exhibit A hereto: Water Right Nos. 63-32262 and 63-33225 This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the real property herein described. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said water rights; that the water rights are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the Grantor has executed this instrument on this _____ day of May, 2021. ELEVATION 2500 PARTNERS LLC Taron J. Sayers, Manager WATER RIGHT DEED - 2 STATE OF IDAHO ) ) ss. County of Canyon ) On this _____ day of May, 2021, before me ________________________, personally appeared TARON J. SAYERS, known or identified to me (or proved to me on the oath of ______________________________), to be the Manager of ELEVATION 2500 PARTNERS LLC, the entity that executed the instrument or the person who executed the instrument on behalf of said entity, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires WATER RIGHT DEED - 3 EXHIBIT A Appendix 7 Well Lot Quitclaim Deed Appendix 8 Operation & Maintenance Expenses