20130709Comment Addendum.pdf

33588 North Kelso Drive
Spirit Lake,Idaho $3869
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July 5,2013
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Idaho Public Utilities Commission
P.O.Box 83720
Boise,Idaho 83720-0074
RE:CASE NO.SPL-W-13-01
ADDENDUM TO MY LETTER OF JULY 3,2013
REGULARITY OF READINGS
One of the points overlooked at the presentation,which should be addressed at the Public Hearing,is the
regularity with which Water Meter Readings are taken.It is common knowledge in the Community,that Meter
Reading is difficult under normal Summer conditions,but virtually impossible during Winter conditions in this
Enforced Plat.
MONTHLY BILLING
I recommended to the Commission that one possibility would be for the Company to set up a Monthly
Billing formula based on Statistical Inference.This proposition requires that a Unit Data Base for water usage
actually exists.Present billings are January,April,July and October with a 30-day grace period for payment.
I believe the Commissioners will appreciate,that ifthis condition cannot be resolved in dealing with a
relatively small sample size,Monthly Water Billings are more likely to become a major and contentious future
issue for all concerned.There are several options out of this dilemma,mainly based on existing On Line
Banking,or Advanced Payment for examples.Otherwise,twelve checks per year by U.S.Postal Service.
CONDITIONALLY FAVOR MONTHLY INCREASE SUBJECT TO INCREASED MONTHLY
ALLOTMENT
In my Straw Polling of the Enforced Plat,(Fifteen Resident Owners to date and growing),I do not find a
great deal of resistance to the Company’s request for a Rate Increase,I believe this is a result of the improved
service the Company has rendered over the past five years.I did find a General demand for an increase in the
Monthly water allotment tied to any increase in the Monthly Charge.It was evident that my previous
recommendation for an increase from 1200 CF to 1500 CF was inadequate in view of the requested 106%
proposed increase in the Monthly Charge to $24.75.
LOT 111
PROPOSED MONTHLY INCREASE IN WATER ALLOTMENT
It is proposed that an increase to 1800 CF for the Monthly Allotment would be more appropriate to all
concerned.Looking back to the late 1970’s it was apparent the proposed Monthly Allotment was considerably
greater than the present allocation based on the Developer’s request for Water Rights..This proposal when I
spoke with some of the residency’s going back to the 1980’s,would offset Summer usage to Winter usage and
allow for any Irregularity of Meter Readings during the year Overages would be accommodated by $0.15 for
each additional 15 Cubic Feet used.The computation of the Overage Expense is virtually the same as at present.
ADDENDUM TO CONDITIONS OF APPROVAL
I am in receipt of several comments indicating confusion over the changes to Water Rights during the
period from 1994 to present when the exclusivity of Water Rights 96-07849 and 96-08830,were transferred
and transformed in the IDWR LTR of February 4,2009,IDWR 95-9865 from those granted to the R.A.
Hanson Corporation in 1995,(Licensed Date 0 1/30/89).This is not a New Item,this change in exclusivity was
brought before the Board in the February 2007 hearings,regarding Case No.SPL-W-06-01.I believe Leslie
Abrams,President of the Spirit Lake East Water Company,may be in the best position to clarify the transfer of
Water Right 95-9949 to include our Neighbors in the Treeport Plat should an explanation be desired.The 2009
Grant confirms the Location and Diversion to the Treeport Plat as well as eliminating Usage solely within
Kootenai County spelled out in the previous Grant to the R.A.Hanson Corporation,
Those Rights when combined shall not exceed a total annual maximum diversion volume of 148.5 Acre
Feet for irrigation of a total of 49.5 Acres and 219.6 Acre Feet for in-house use for a total of homes.There
are 313 Ten Acre plus Tracts in the Enforced Plat of Spirit Lake East.“Domestic use under this right does not
include lawn,garden,landscape,or other types of irrigation.”The 65 Five Acre Tracts in the Treeport Public
Plat,approved by the Bonner County Commissioners in November 1980,are obviously included in the
transition,although not included in the 1995 Grant.It is my experience,in attempting to resolve these items,
that the rationale for transitions approved by IDWR are seldom if ever included or explained in the Grant.This
transition is resolved in the Hearing process.
Information regarding the availability or lack of availability of water in the Enforced Spirit Lake East
Plat was well documented by the Department of Veterans Affairs from 1976 to the Spring of 2001.This review
occurred as the result of the Developer’s failure to comply with VA Circular 25-80-34,regarding Planned Unit
Developments.During the transfer of Loan Approval Authority and Records from the Boise Office to the
Regional Center in Denver,in 2001,all records relating to the Enforced Spirit Lake East Plat were lost.This
can confirmed by contacting Director C.L.Smith,Department of Veteran Affairs,155 Gordon Street,Denver,
Colorado 80225.With the subsequent downgrading of the Office in Boise to Loan Guaranty,Veterans’
Administration’s interest declined and VA Loan Guaranty resumed in the Spring of 2001 without bias.
LOT 111
In order to avoid future complications,I propose for the Commissioners’consideration,that in the
exercise of their quasi-judicial powers,in this Case,the substance of these Grants be made a part of the Hearing
in an orderly manner from inception to currency.The publication of the Granting or Transfer of Water Rights
is generally limited to or between Ownerships.I believe their inclusion would serve to clarify the mystery
surrounding said Grants,for all current and future Residents of both Communities,as well as the General Public
and greatly assist in the resolution of any future inconsistencies.
It is apparent the present allocation of 1203 CF fails to take into account the diverse nature of the
Enforced Plat of Spirit Lake East,which in its Corporate “Codes,Covenants and Restrictions provides a
uniform plan for the development of the property and for residential,recreational,or agricultural purposes and
rural atmosphere and charm which is compatible with the natural environment and,further to provide every
practical and legal means to safeguard and protect the interests of all Owners and the stability of development.”
It isn’t difficult doing the math,from the language of the Grant,that,R.A.Hanson Company Inc.,the
Developer of the Enforced Plat and Owner of the Water,Road and Utility Rights had the intent,as the original
Owner and Developer,to provide a Monthly Allocation of slightly over 2500 CF of Water at a cost of
approximately $12.00 per month..This is without any provision for irrigation as contained in the language of the
above Grant..
REVISION OF PREVIOUS REQUEST TO INCLUDE 1800 CF ALLOCATION AT NO ADDITIONAL
COST PROVIDED THE REQUESTED MONTHLY INCREASED IS APPROVED.
In view of the e foregoing,it appears that an adjustment of the Monthly Allocation to Residents of the
Enforced Plat of Spirit Lake East to 1800 CF per month is now recommended.I believe it is well within the
Original intent and purpose of the Developer,and availability and capability of the system to provide an
adequate supply of water,is justified and so requested..
‘Association IncorporatedSpiritLakeEast
P.O.Box 217
Spirit Lake East Water Company
P.O.Box 3388
Coeur d’Alene,Idaho 83816