20211130Bossard Supplemental Affidavit.pdf

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
FORMAL COMPLAINT OF NICOLE
BURBANK AGAINST ROCKY
MOUNTAIN UTILITY COMPANY, INC.
CASE NO. ROC-W-21-01
SUPPLEMENTAL AFFIDAVIT OF
JOLENE BOSSARI)
STATE OF IDAHO
County of Ada
[, Jolene Bossard, being first duly sworn under oath, depose and state as follows:
l. I have personal knowledge of the facts stated in this affidavit.
2. The information contained herein is true and correct to the best of my knowledge and
belief.
3. I am a Utilities Compliance Investigator at the Idaho Public Utilities Commission.
4. In my position I have investigated Ms. Burbank's informal and formal complaint and
discussed the substance of it with various parties involved or related to these matters.
5. On August 19, 2021, I received correspondence from Rocky Mountain Utility
Company conceming an informal complaint about a water system outage on August 16,2021. In
addition, this correspondence contains a discussion of potential water pressure issues raised by a
customer of the Company.
6. A true and correct copy of this correspondence is attached hereto as Exhibit A.
7. On November 30, 2021, Staff through counsel received a copy of the "ALTA
Settlement Statement - Seller" ("Settlement Statement") from Higley Developments, LLC, the
party who sold the residence at 3890 East Ash Lane to Ms. Burbank.
8. A true and correct copy of this Settlement Statement is attached hereto as Exhibit B.
Dated thisSO day of November 2021
)
)
)
)
)
SS.
)
Jolene B
Utilities
ossard
Investigator
Idaho Public Utilities Commission
ISUPPLEMENTAL AFFIDAVIT OF JOLENE BOSSARD
J
P&nlrc.Da-
OF
SUtsSCRIBED ANID SWORN to before me this &*,ofNovember202l.
lsEALl Residing at:
Commission expires:a
l\f*gd\z-LMEMOS\Bwbmk Cmphint\Supp.Aff rhvit-Jolmo BMd.dm
2SUPPLEMENTAL AFFIDAVIT OF JOLENE BOSSARD
EXHIBIT A
(Attached)
JSUPPLEMENTAL AFFIDAVIT OF JOLENE BOSSARD
Jolene Bossard
From:
Sent:
To:
Subiect:
Aftachments:
Follow Up Flag:
Flag Status:
Charlotte Lees < rockymountainutility@g mail.com >
Thursday, August 19,2021 1 1:54 AM
Jolene Bossard
Re: Public Utilities Commission -
RMUC attachments.pdf
Follow up
Flagged
Here the answers for questions plus attachments. Hope this helps.
Rocky Mountain Utility:
. My understanding was that the disconnection was a scheduled event. Why didn't the Company notify the
customers that the water would be offline and the reason for doing so?
Was not scheduled for all that were affected. Wrong valve was turned off.
. According to the customers who filed complaints, this scheduled event was to connect water to a new
subdivision. Please send documentation to show where this new subdivision is located. ls the new
subdivision located in Division 1, Division 2 or Division 3, etc?
See Attached
. Customers expressed concerns about water pressure. \Mll the current wells continue to service the new
subdivision? Please explain. Yes, along with another 50HP. Pressure is at constant 70 PSI and check daily.
ls the new subdivision included in the current CPCN? Please explain. Yes, See attached
. Please provide documentation from DEQ and IDWR that shows approvalthat this new subdivision is
approved and supported by the existing wells. See Attached
o Are there areas within the service territory that have lower pressure than others? lf so, does this customer
live in one of those areas? There should be no lower pressure areas as the new well is up and fully running.
o Did the company increase the billing to pay for a second pump or well? Please explain. Sewer bill was
increased to pay for second wellthat was required by DEQ
r ls this second pump/well online full time? Please explain Second pump is up and fully running.
1
State of ldaho
Department of Water Resources
Permit To Appropriate Water
25-14165
COMMERCIAL
The map depicts the place of use for the water use listed above and point(s) of diversion of this right as curently
derived from interpretations of he 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.
38E 38E
o(r)z
38E
Point of Diversion
Place Of Use Boundary
Townships
PLS Sections
Quarter Quarters
0 0.05 0.1 0.2 Miles
Map produced onAugust 18,2021
oszzrto
zG)C)
38E
o
N
I
State of ldaho
Department of Water Resources
Permit To Appropriate Water
25-14165
DOMESTIC
The map depic-ts 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.
38E 39E
o(,z
38E 39E
o Point of Diversion
Place Of Use Boundary
Townships
PLS Sections
Quarter Quarters
0 0.075 0_15 0.3 Miles
produced on August 18,2021
oAzzso
z(oo
N
I
HECEI\/Hi-} \
r\P;'i I 0,:',', R H c E I v L'd=ro**ri,HFftiH,8rsouRcEs
,: i ,,:..r:j l. :; ,.' '''[\PR I 6 ?WR1[f^f-r=tr35rBPJE^[t:,I13#
DEPAFITME$IT OF
Signature of Permit Holder
FOR OFFICE UsE OIILY
Arl. ofFee
Recelpt No.
Recdpted By
Dab Recdpbd
The ldaho Departmenl ofWiiSiffib8i&d$E8nsiders this form a statement by the pennit hotde(s) 0rat devetopment of a water right
has been completed erul lhal water has been applled to beneficial use to the extent described below. This form must be
accompanled by an examination fee, when necossary, gf by a completed Beneflcial Use Field Report prepared by a certified
water right examlner. Please refer to the instruclions and fee schedule for this form. lf ownership of the permlt has changed, conlacl
any Deparlmenloffice orvisit lhe Departmenfs website at ldwr.ldaho.oov foran Assignmentof Permitlorm. lf youwish torelinquish
your permil because you ha\re not established the authorized use of lhe waler and are !O!applying lor an exteniion, please notig the
Deparlment in writing.
1. Permit No.J< - ////z 2*-Telephone No,-5fu- ZsAa
2. Name of Permit Holde(s)
3. Mailing Address r/Clty ?,Zg
State {D zip
4. Source of Water
83 ?qZ- Email
&z,,rn/,rr-/(<lf GROUND WATER (well), Date Dritled mo,2 tyr.Zn,ctt
WellDriller Drilling Permit Number DooQ / 3aS
5. Extent of use(s) completed as authorized by the water rlght permit:
Domestic (No. of households) lfq- Stockwater (No. and type of stock)
lrrigation (No. of acres)Other * nnn-o*n ( /.4
6. Total rate of diversion or storage volume for which proof is submitted /.73 *s OR
-
acre-feet.
7. Compliance with a measuring device requirement, lockable controlling device requirement, and/orother conditions of permit
Refer to the approval conditions on your permit and respond accordingly.
The Department wlll not lssue a license if permlt conditions are not met.
Measuring Device ls a measuring devlce required?
lf yes, has the measuring device been inslalled?
Lockable Controlling Device ls a lockable device rcqulred to control the diverclon?
lf yes, has the lockable dEvice been installed?
Fish Screen ls a flsh scrcen required?
lf yes, has the fish screen been installed?
Other Gondftions of Permit
Do the approval conditions on your permit require you to submit additional information in connection with your proof of
beneficial use? tf yes, list the conditions below and attach documents with the required infomation.
Completed? Yes fl No E
8. Fee Enclosed $ i 5Y or not applicable E. See fee schedule on page 2 of the instructions.
Proof statements ftled without an appropriate fee, will be considered incomplete.
9. Psrson to contact to accompany the Deparfinent representative during field ercmination of the water system.
Name Telephone Number
Mailing Address City
State _ Zip Email
The lnbrmation glven on thls form ls my true statement of the extent to whlch the above numbered permlt has been
developed and water has been and applled to a beneflclal use. I undertiand that any undeveloped portlon ol
the permit ls rellnqulshed to the of
vesd ruoD
yes E/ tto tr
YesEl no{
Yestr No{
Yes fl NoE/YesE no{
Date
your tl on behalf
Form No.217 12115
llall to:Oep.dment ot Water Reeourcee' PO Box 837?1, 8olsc, lD 83720'0088
}-9e,
IDAHO DEPARTMENT OF WATER RESOURCES
WATER RIGHT REPORT
8118t2021
IDAHO DEPARTMENT OF WATER REsOURCES
Whter Permlt Report
WATER RIGHT NO. 25.14165
Owner Typg
Current Owner
Original Owner
kiority Date: V I 03 I ?,005
Status: Active
lName and Address
InocrY MoUNTAIN UTILIW co
lz N uNouanK LN srE 4
lnrcev, ro $442-5340
lzoausotll
I
lr-txorrLlnx DEVELoeMENT pRopERftEs LLc
12 N LANDMARK LN STE 4
ln'osy to u:oo,
lzosszozsao
Source
GROUND
COl,llvlERClAL
DOMESTIC
Total Diversion
lrriuutarv
wArERl
01to1
01 /01
lrolntv
lrznr
1.61
cFs
cF5
cF5
GRoUND WATER lSwsEsE lsec. 3o lTownship 04N I Range l8E UEFFERSoN County
GRoU N D WATER I swsEse lsec. ro lrownship MN I Range 388 | J EFFERSoN county
Location of Point(s) of Dlverlon:
COllUrtERClAL Use:
Number of other uses: 8 commercial lots
DOitrlESTlC Use:
Number of homes: 249
Place(s) of use:
Place of Use Legat Descriptlon: DOMESTIC JEFFERSON County
Place of Use Legat Description: COiAI ERCIAL JEFFERSON County
TownshiplRangelsectionlLolllrractltreslto!ltract lkresltotlriasfhcresllsllrractltreso4N lrae lr, I lNesr | | lNwsel I lswsel I lsesr I
ffi*'|tr*l*** l*1ffi 1""'l* l*"1""' l*l*l*l* l*l*
Conditions of Approval:
264 ProJect constructlon rhatt commence withln one year from the date of permit issuance and shatl proceed ditigentty to
completion unless it can be shown to the satisfaction of the Director of the Department of Water Resources that delays
due to circumstances over which the permit holder had no control-
(N6 Right hotder shatt compty with the drilting permlt requirements of Section 42-235,ldaho Code and applicabte Welt
Rutes of the Depaftment.
x59 Polnts of diverslon are located within Lot 9, Blk. 4, Pepperwood Crosslng Subdivlsion.
067 right holder shatl record the quantity of water diverted and annuatty report diversions of water and/or other
hydrotogic and sl6tem information as required by Sectlon 42-701 , ldaho Code.
2.
3.
4.
5 x01 Domestlc use is for 249 homes.
6.
7.
8.
9.
10
tl
tz
13
071
070
065
104
106
x60
Commerciat use ls for 8 commercial [ots.
The commercial use authorized under this right shatl not exceed 0.(X cfs and 2,500 galtons per day per commercial use.
The domestic use authorized under this right shatt not exceed 13,000 gattons per day per home.
The irrigation occurring under this domestic use shalt not exceed 1 l2 acre within each ptatted subdivision lot upon
which a home has been constructed. Thls right does not provide for lrrigation of common areas or for irrigation of lots
upon which homes have not been constructed.
Ihe rlght holder shatl make futt beneficial use of atl surface water rights avaltable to the right holder for irrigation of
the [ands authorized to be irrigated under this right- The right holder shatl limit the diversion of ground water for
irrigation under this rlght to those times when the surface water suppty is not avaitabte or the surface water suppty is
not reasonably sufficient to irrigate the ptace of use authorized under this right.
lf the surface water rlght(s) appurtenant to the ptace of use is sold, transferred, leased or used on any other place of
Jse, this right to divert groundwater shatl not be used for irrigation wlthout an approved transfer pursuant to Section
42.222, ldaho Code, or approvat of the Department if a transfer is not required.
Prior to the diversion and use of water under this approval, the right holder shatl compty with appllcabte water quality
rtandards of the Department of Environmental Quatity.
llace of use is located within Lots 1-24, Btk, 'l; Lots 1-8, Btk. 2; Lots 1-11, Btk. 3; Lots 1-8, 10-29, Btk. 4; Lot 1, Btk. 5;
Lots 1-19, Btk. 6; Lots 1-10, Btk. 7; and Los'l-9, Btk. 8; and 139 tots with no designatlon; Pepperwood Crossing
iubdivision.
Any Ucense lssued by IDWR pursuant to the right or portion thereof for the use of trust water is
review of 20 years after the date of this approvat to determine availabitity of water for the use
rub(ic interest at the end of the term.
14.051
Dates:
Proof Due Date: (N/01/2020
Proof Made Date: (N/10/2020
Approved Datfj: An6l2wi
IrAoratorlum Explration Date:
Entaryement Use Prlorlty Date:
Entargement Statute Prlority Date:
Applicatlon Received Date: 01 /1.1/2005
kotest Deadline Date: 02/2212005
Number of hotests: 0
Fleld Exam Date::
Date Sent to State Off:
Date Received at State Off:
Other lnformation:
State or Federal:
Owner Name Connector:
Water District Number: 120
Generic [{ax Rate per Acre:
Generic lrlax Votume per Acre:
Swan Falls Trust or Nontrust: T
Swan Falls Dlsmlssed:
DLE Act Number:
Cary Act Number:
,rtltl gatlon Ptan : False
subject to a term
and to re-evaluate the
EXHIBIT B
(Attached)
4SUPPLEMENTAL AFFIDAVIT OF JOLENE BOSSARD
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 306 DAY OF NOVEMBER 2021,
SERVED THE FOREGOING SUPPLEMENTAL AFFIDAVIT OF JOLEI\IE
BOSSARD, IN CASE NO. ROC-W-21-01, BY E-MAILING A COPY THEREOF, TO
THE FOLLOWING:
NICOLE BURBANK
3890 EAST ASH LANE
RIGBY ID 83442
E-MAIL: nursenikkiOS 1 8@ gmail.com
JIM BERNARD
ROCKY MOTINTAIN UTILITY
2 N LANDMARK LANE STE 4
RIGBY TD 83442
E-MAIL: [e-mail]
SECRET
CERTIFICATE OF SERVICE